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diff --git a/licenses/Plex b/licenses/Plex new file mode 100644 index 000000000000..700766e7b7f9 --- /dev/null +++ b/licenses/Plex @@ -0,0 +1,558 @@ +Plex Terms of Service + +Revised July 10, 2015 + +Thank you for using Plex! By accessing, using, downloading, or visiting +any Plex “Service(s)”, which includes the Plex website, Plex software +and products described here, and any other products or materials +provided by Plex GmbH, a Swiss company, and its affiliates (together, +“Plex”), you agree to the terms (“Terms”) listed in this agreement +(“Agreement”). Plex reserves the right to amend these Terms at any time +and without notice. Any revisions to the Terms will be posted on the +Plex website. By continuing to access or use the Services, you accept +any changes or revisions to the Terms. + +Plex Software + +A. Plex grants you a personal, non-commercial, worldwide, royalty-free, + revocable, non-transferable, non-sublicensable, and non-exclusive + license to use the software provided to you by Plex as part of the + Services (“Software”). This license is for the sole purpose of + enabling you to use and enjoy the benefit of the Services in the + manner permitted by these Terms. + +B. The Software includes certain executable modules that Plex has + licensed from third party providers (“Third Party Components”) that + may be subject to different end user license terms as specified in + the license agreement(s) provided with such Third Party Components. + +C. Except as provided in the next section, you may not, or allow anyone + else to, directly or indirectly to: (1) copy, modify, distribute, + sell, or lease any part of the Software; (2) reverse engineer, + disassemble, decompile, or otherwise attempt to discover the source + code or structure, sequence, and/or organization of all or any part + of the Software, unless laws prohibit those restrictions or you have + our written permission; (3) rent, lease, or use the Software for + timesharing or service bureau purposes; (4) develop any improvement, + modification, or derivative works of the Software, or include any + portion thereof in any other product, software, work, equipment, or + item (except that you may customize and/or modify the Software only + as set forth in the documentation or as authorized in any license + agreement of Plex’s third party licensors and applicable to Third + Party Components); or (5) allow the transfer, transmission, export, + or re-export of the Software or any portion thereof or any technical + data associated with any Software. + +D. Plex grants you a personal, non-commercial, worldwide, royalty-free, + revocable, non-transferable, non-sublicensable, and non-exclusive + license to reproduce the Plex Media Server Software (PMS Software) in + copies and distribute the copies to others, provided that: you may + not charge a fee for the PMS Software, and you may not individually + charge for installing it; you may copy, distribute and install the + PMS Software only as others actually need the PMS Software, and not + more than five (5) times per calendar day or more than twenty-five + (25) times per calendar month; you may not offer the PMS Software to + the public for downloading on or in connection with any commercial + online site, whether or not a fee is charged for the PMS Software; + you shall comply with all other terms and conditions set forth in + this document; you agree that Plex may revoke or terminate the + license granted to you under this paragraph at any time for any + reason in its sole discretion. As an example, this section is + intended to permit reasonable copying and distribution of the PMS + Software in connection with services such as home theater or home + media center installation in which you install the PMS Software on + the computers of your customers as a convenience in connection with + other services or products that you are providing to them, and/or in + Arch Linux repositories and similar distributions. + +E. You shall maintain and shall not remove nor obscure any + proprietary notices on the Software, and shall reproduce such + notices exactly on all permitted copies of the Software. + +F. You may reverse engineer the Software solely (1) as permitted by + applicable law, or (2) for the purpose of debugging modifications + made by you to certain third party files in source code format that + are licensed under the GNU Lesser General Public License (LGPL) or + under the GNU General Public License version 2 (GPL2) and only + provided that you have made, prior to any such reverse engineering + permitted under this sentence, unsuccessful prior reasonable good + faith efforts to debug such modifications using techniques other than + the reverse engineering of the Software. + +G. As between the parties and except as otherwise provided in any + license agreement for Third Party Components, Plex shall own all + title, ownership rights, and intellectual property rights in and to + the Software, and any copies or derivative works thereof, except that + by downloading the Software, you retain any title that you may own in + and to the recording media on which the Software is recorded. + +H. You understand that Plex or its licensors may modify or discontinue + offering the Services at any time. + +I. You shall not make, or assist others in making, any use of data + adapters or similar technologies used by or with the Services that + are designed to receive and use data from Plex, its third party data + providers, and their affiliates and third parties, other than to + receive and use such data in accordance with these Terms and your + agreement with the third party data providers, and their affiliates + and third parties, including without limitation any data passing + through the Services or otherwise effectively made available by any + Service through an API, a download, a database, or the like. + +J. This Agreement does not entitle you to any support, upgrades, + patches, enhancements, or fixes (collectively, “Support”) for the + Services. Any such Support for the Services that may be made + available by Plex, in its sole discretion, shall become part of the + Services and will be subject to these Terms. + +Data + +Data provided by Plex or other third party data providers may be +delayed or unavailable as specified by Plex or such third party data +providers. Plex does not verify any data provided by Plex or other +third party data providers and disclaims any obligation to do so. Plex, +its third party data providers, and each of their affiliates and +business partners: (1) expressly disclaim the availability, accuracy, +adequacy, or completeness of any data or third party data provider, and +(2) shall not be liable for any errors, omissions, or other defects in, +unavailability of, delays or interruptions in such data or third party +data provider. + +Acceptable Use + +A. You may not, or allow anyone else to, use any of the Services to do + the following: + + i. Infringe the intellectual property rights, proprietary rights, + or rights of publicity or privacy of any third party; + + ii. Violate any law, statute, ordinance, or regulation, or perform + any other action that would incur civil liability or constitute + a crime; + + iii. Disseminate, transfer or store information or materials in any + form or format that is harmful, threatening, abusive, + harassing, tortuous, defamatory, vulgar, obscene, libelous, or + otherwise objectionable, or that otherwise violate any law or + right of any third party; or + + iv. Disseminate any software viruses or any other computer code, + files, programs, or the like that may without limitation + interrupt, destroy, or limit the functionality of any computer + software or hardware or telecommunications equipment, violate + the security of any computer network, or the like. + +B. If the occurrence of any prohibited use comes to our attention, we + reserve the right to disable any accounts associated with prohibited + use or otherwise terminate your access to the Services. + +Your Content + +A. You continue to retain any ownership rights you have in content you + make available via the Services, or otherwise use in conjunction with + the Services. However, by using the Services with particular content, + for example by using the Services to share particular content or + access particular content, you grant to Plex (and to each of the + third parties with whom we work to provide you with the Services) a + worldwide license to reproduce, modify, create derivative works, + transmit, publish, publicly perform, publicly display, distribute, + and otherwise use the particular content and metadata associated with + the content, such as images of you or images otherwise associated + with your account. The rights you grant us in this license are only + for the limited purpose of providing you with our Services. You may + not use the Services in connection with any content for which you do + not have the right to grant us this license. + +B. The Services may include features that allow you to share your + content with others. Please be careful when choosing to share content + with other users; Plex is not responsible for how others use your + content. Additionally, you hereby grant to any user with whom you + share content a non-exclusive license to access the content through + the Service, and to use, reproduce in copies, distribute, display and + perform the shared content as permitted through the functionality of + the Service and under this Agreement. You may not share any content + with others via the Services if you do not have the right to grant + this license to any user with whom you share the content. + +C. You understand that Plex may delete any content that you post in or + contribute to a message forum or similar service that Plex hosts, in + its sole discretion, for any reason. + +Content of Others + +A. You acknowledge that all content that you access through use of the + Software or other Services is accessed at your own risk, and you will + be solely responsible for any damage or liability to any party + resulting from such access. + +B. You understand that by using the Services you may encounter content + that you may find offensive, indecent, or objectionable. Plex does + not inspect, screen, or otherwise control the content that is posted, + shared or made available via the Services, and Plex does not + guarantee the accuracy, integrity or quality of such content. + +C. You acknowledge that unauthorized use of copyrighted content of + others may subject you to civil and criminal penalties, including + possible monetary damages, for copyright infringement. + +Developers and Interfacing Software + +A. “Interfacing Software” means any software that you obtain or provide + and that accesses or calls any Software provided by Plex as part of + the Services including, but not limited to, plug-ins for the + Services, channel plug-ins, metadata agents, and client applications + that communicate directly or indirectly with the Services. + +B. By making, or assisting others in making, Interfacing Software, you + agree to the following terms: + + i. You grant Plex and its affiliates worldwide a worldwide, + non-exclusive, and royalty-free right and license to use + (including testing, hosting and linking to), copy, publicly + perform, publicly display, reproduce in copies for + distribution, and distribute the copies of any Interfacing + Software made by you or with your assistance. + + ii. You will include in the source code of the Interfacing + Software a copyright notice of the form: Copyright © <year> + <copyright holders>. You grant, and authorize Plex to grant on + your behalf if necessary, a license, free of charge, to any + person obtaining a copy of the Interfacing Software and + associated documentation files from Plex, to deal in the + Interfacing Software without restriction, including without + limitation the rights to use, copy, modify, merge, publish, + distribute, sublicense, and/or sell copies of the Interfacing + Software, and to permit persons to whom the Interfacing + Software is furnished to do so, subject to the following + conditions: The above copyright notice and this permission + notice shall be included in all copies or substantial portions + of the Interfacing Software. THE INTERFACING SOFTWARE IS + PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR + IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF + MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND + NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT + HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, + WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING + FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR + OTHER DEALINGS IN THE INTERFACING SOFTWARE. + + iii. You may notify us if you do not wish for Plex to use, + distribute, copy, publicly perform, publicly display, reproduce + in copies for distribution, or distribute copies of any + Interfacing Software that was created by you. Plex will comply + with such a request but Plex must be granted a transition + period of thirty (30) days after receipt of the request to + comply. + + A request to take down Interfacing Software must include (1) an + identification of the Interfacing Software you wish to be + removed; (2) your signature in either electronic or physical + form; and (3) the following statements: + + i. “I swear under penalty of perjury that I am the owner of + the Interfacing Software or I am authorized to act on + behalf of the owner of the Interfacing Software.” + + ii. “I swear under penalty of perjury that the information + in this notification is accurate.” + + iv. You shall protect the privacy and legal rights of Plex users. + If the users provide, or the Interfacing Software accesses or + uses, user names, passwords, or other login information or + personal information, you must make the users aware that such + information will be available to the Interfacing Software, and + you must provide privacy notices and protection for those users + in compliance with applicable law. Further, the Interfacing + Software may use that information only for the limited purposes + for which the user has given you permission to do so. If the + Interfacing Software stores personally identifying information + of users or information that a reasonable user would consider + to be sensitive, then the Interfacing Software must do so + securely and only for as long as it is needed. However, if the + user has opted or entered into a separate agreement with you + that allows you or the Interfacing Software to store or use + personally identifying information of users or information that + a reasonable user would consider to be sensitive, then the + terms of that separate agreement will govern your use of such + information. If the user provides the Interfacing Software with + Plex account information, the Interfacing Software may only use + that information to access the user’s Plex account when, and + for the limited purposes for which, the user has given you + permission to do so. + + v. Prohibited Uses. Plex prohibits performing certain actions + using the Interfacing Software. You shall not make, or assist + others in making, any Interfacing Software that: + + i. Knowingly violates a third party’s terms of service; + + ii. Violates any applicable laws or regulations; + + iii. Interferes with, disrupts, damages, harms, or accesses + in an unauthorized manner the machines, hardware. + devices, servers, networks, data, or other properties or + services of any other party including, but not limited + to, Plex users, Plex or any network operator; + + iv. Posts misleading information about an application’s purpose; + + v. Infringes on the intellectual property rights of others; or + + vi. Performs any other prohibited action listed under + “Acceptable Use” above. + + vi. You will require your end users to comply with any applicable + law and these Terms. You will not knowingly enable your end + users to violate applicable law or these Terms. + + vii. You shall indemnify and hold harmless Plex and its officers, + directors, employees, contractors, licensors, suppliers, + distributors, contractors, agents, and third party + contributors from any claims, damages, liabilities, costs and + fees (including reasonable attorney fees) arising from any use + of the Interfacing Software or from Plex’s distribution of the + Interfacing Software. + + viii. Brand Features and Attribution + + i. “Brand Features” is defined as the trade names, + trademarks, service marks, logos, domain names, and other + distinctive brand features of a party. Except where + expressly stated, these terms do not grant either party + any right, title, or interest in or to the other party’s + Brand Features. Any use by you of Plex’s Brand Features + (including any goodwill associated therewith) will inure + to the benefit of Plex. Plex Brand Features include the + Plex Play Logo (“>” in stylized format) and the + trademarks, trade names and designs as may be identified + from time to time in the Plex Trademark Notice that is + posted at https://www.plex.tv/about/privacy-legal/. + + ii. You must seek prior written approval from Plex to + display Plex’s Brand Features, including for the purpose + of promoting or advertising that your Interfacing + Software is for use in conjunction with Plex Services. + Plex, in its sole discretion and in a separate writing + such as an e-mail from an authorized representative of + Plex, may grant you a revocable, non-transferable, + nonexclusive license, without right of sub-license, to + display Plex’s Brand Features for the purpose of + promoting or advertising that your Interfacing Software + is for use in conjunction with Plex Services. You + understand and agree that Plex has the sole discretion to + determine whether your attribution(s) and use of Plex’s + Brand Features are in accordance with the above + requirements and guidelines and that Plex may revoke the + license granted herein at any time, or may require you to + modify your use of Plex’s Brand Features, for any reason + in its sole discretion. + + iii. You will not make any statement that suggests a + partnership with, sponsorship by, or endorsement by Plex, + without Plex’s express prior written approval. + + iv. In the course of promoting, marketing, or demonstrating + the Services, Plex may produce and distribute incidental + depictions, including screenshots, video, or other + content from your Interfacing Software, and may use your + company or product name. You grant us all necessary + rights for the above purposes. + +Children + +While Plex does distribute products that may be used by children, the +Services are not intended to be used by children, without involvement, +supervision, and approval of a parent or legal guardian. Therefore, if +an account owner sets parental controls or establishes sub-accounts +that the account owner intends to permit a child to use, the account +owner should not reveal the account password to the child. Plex and its +contributors may not provide controls that restrict the maturity level +of content available via Plex and an adult account owner has sole +responsibility for determining what maturity level is appropriate for +or accessible to any children whom the account owner permits to use the +Plex service or a sub-account. + +NO WARRANTY + +A. PLEX SERVICES ARE PROVIDED “AS IS”. PLEX MAKES NO WARRANTY OF ANY + KIND, EXPRESS OR IMPLIED, AND PLEX EXPRESSLY DISCLAIMS ALL WARRANTIES + WITH RESPECT TO THE PLEX SERVICES, INCLUDING WITHOUT LIMITATION, ANY + IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR + PURPOSE AND NONINFRINGEMENT. FURTHER, PLEX DOES NOT WARRANT AGAINST + ERRORS, OMISSIONS, RESULTS OF USE, OR THAT PLEX SERVICES ARE BUG FREE + OR ERROR FREE OR THAT USE WILL BE UNINTERRUPTED. THIS DISCLAIMER OF + WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. ALL THE + FOREGOING DISCLAIMERS ALSO APPLY IN FULL WITH RESPECT TO PLEX’S + LICENSORS, SUPPLIERS, DISTRIBUTORS, CONTRACTORS, AGENTS, AND THIRD + PARTY CONTRIBUTORS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED + WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. + +B. You agree that Plex and its officers, directors, employees, and + contractors are not responsible for any fault, inaccuracy, error, + omission, delay or any other failure of your equipment and/or + services caused by Plex’s hardware, software, cabling, network + services, or the like, or arising from Plex’s use of such equipment + and/or services. + +C. The above disclaimer of warranty applies to software developed by + Plex and any software developed by a third party and provided by Plex + including, but not limited to, Interfacing Software developed by any + Plex user. + +Limitation of Liability and Damages + +A. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT + LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR + OTHERWISE, SHALL PLEX BE LIABLE TO YOU OR ANY OTHER PERSON OR + ENTITY: (I) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL + DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR + LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, + COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, OR OTHER DAMAGES + RESULTING FROM YOUR USE OF THE SOFTWARE; OR (II) FOR ANY MATTER + BEYOND ITS REASONABLE CONTROL. PLEX’S AGGREGATE LIABILITY FOR DAMAGES + OF ANY KIND WHATSOEVER ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED + TO THE LESSER OF THE TOTAL FEES PAID BY YOU TO PLEX (IF ANY) FOR THE + PORTION OF THE SOFTWARE THAT GAVE RISE TO SUCH DAMAGES OR $100 + (U.S.), EXCEPT WHERE NOT PERMITTED BY APPLICABLE LAW, IN WHICH CASE + PLEX’S LIABILITY SHALL BE LIMITED TO THE MINIMUM AMOUNT PERMITTED BY + SUCH APPLICABLE LAW. ALL THE FOREGOING LIMITATIONS SHALL APPLY EVEN + IF EITHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. + ALL THE FOREGOING LIMITATIONS ALSO APPLY WITH RESPECT TO PLEX’S + SUPPLIERS, LICENSORS, DISTRIBUTORS, CONTRACTORS, AGENTS, AND THIRD + PARTY CONTRIBUTORS. SOME STATES DO NOT ALLOW THE EXCLUSION OR + LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE + LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. + +B. The above limitations and exclusions apply to software developed by + Plex and any software developed by a third party and provided by Plex + including, but not limited to, Interfacing Software developed by Plex + user. + +Third-Party Materials + +This website and other Services may provide links to websites, +software, or other materials provided by third parties. Plex does not +endorse and is not responsible or liable for the availability, +accuracy, safety, or intellectual property rights of or relating to +such content. Plex is not liable for any harm caused by any such +materials. + +Malware + +“Malware” means any known, discovered, envisioned, or invented, or any +yet to be known, discovered, envisioned, or invented: (i) virus, Trojan +horse, or any other harmful, harassing, or malicious software; or (ii) +method, use, or means by which any software, firmware, equipment, +device, communications medium, person, entity, or the like directly or +indirectly engages in or is used for: (a) any unauthorized access; (b) +any unauthorized communication; or (c) any cracks, hacks, exploits, or +other activity, method, use, or means, that may cause harassment, harm, +data loss, data theft, loss of communication, loss of privacy, or the +like. You acknowledge that the Internet, Internet service providers, +shared or dedicated telecommunication lines, wireless access points and +wireless networks, other forms of communication, online resources +including websites and cloud computing environments, or other means +that you use to connect to the Software may not be secure and may be +vulnerable to attack by third parties, and that it is possible to +receive Malware by using the Internet, dedicated lines, other forms of +communication, or other means. In order to protect the Software, you +shall regularly obtain, use, and update appropriate third party +software or other means to protect yourself from Malware and to detect +and remove Malware that may be downloaded using the Internet, dedicated +lines, other forms of communication, or other means. Plex does not +warrant that the Software will be free of Malware including, but not +limited to, Malware that is introduced by third parties, the Internet, +dedicated lines, other forms of communication, or other means. + +Waiver and Indemnity + +You agree that Plex and its licensors, distributors, contractors, +agents, and third party contributors shall have no liability whatsoever +for any use you make of the Services. You shall indemnify and hold +harmless Plex and its licensors, suppliers, distributors, contractors, +agents, and third party contributors from any claims, damages, +liabilities, costs and fees (including reasonable attorney fees) +arising from your use of the Plex Services as well as from your failure +to comply with any of the Terms, or any losses, damages, claims, costs, +and/or attorneys’ fees arising from any use of or reliance upon any +information received in connection with the Services that comprises or +is based upon data provided by Plex or any third party. + +Termination of Services + +Plex may at any time, with or without cause and with or without prior +notice, immediately terminate or suspend your Plex account or otherwise +terminate or suspend your access to all or a portion of the Services. +Cause for such termination may include: (a) violations of the Terms or +any other policies or guidelines that are referenced herein; (b) a +request by you to cancel or terminate your account; (c) a request +and/or order from law enforcement, a judicial body, or other government +agency; (d) where providing the Services to you is or may become +unlawful; (e) unexpected technical or security issues or problems; or +(f) your participation in fraudulent or illegal activities. Any such +termination or suspension shall be made by Plex in its sole discretion +and Plex will not be responsible to you or any third party for any +damages that may result or arise out of such termination or suspension +of your access to the Services. + +Miscellaneous + +A. This Agreement does not give you any rights not expressly and + unambiguously granted herein. + +B. No agency, partnership, joint venture, or employment is created as a + result of this Agreement and you do not have any authority of any + kind to bind Plex in any respect whatsoever. + +C. If any provision of this Agreement is found to be unenforceable or + invalid, that provision shall be limited or eliminated to the minimum + extent necessary so that this Agreement shall otherwise remain in + full force and effect and enforceable. + +D. This Agreement is not assignable, transferable, or sublicensable by + you except with Plex’s prior written consent. Plex may transfer, + assign, or delegate this Agreement and its rights and obligations + without consent. + +E. Plex’s failure to enforce any right or provisions in this Agreement + will not constitute a waiver of such or any other provision. + +F. This Agreement shall be governed by and construed in accordance + with the laws of the state of California, as if made within + California between two residents thereof, and the parties submit to + the exclusive jurisdiction of the Superior Court of Santa Clara + County and the United States District Court for the Northern District + of California. Notwithstanding the foregoing sentence, but without + limiting Plex’s right to seek injunctive or other equitable relief in + any court of competent jurisdiction, any disputes arising with + respect to this Agreement shall be referred to an arbitrator + affiliated with the Judicial Arbitration and Mediation Services, Inc. + (“JAMS”). The arbitrator shall be selected by joint agreement of the + parties. In the event the parties cannot agree on an arbitrator + within thirty (30) days of the initiating party providing the other + party with written notice that it plans to seek arbitration, the + parties shall each select an arbitrator affiliated with JAMS, which + arbitrators shall jointly select a third such arbitrator to resolve + the dispute. The written decision of the arbitrator shall be final + and binding on the parties. The arbitration proceeding shall be + carried on and heard in Santa Clara County, California using the + English language and pursuant to the rules of (and administered by) + JAMS. In any action or proceeding to enforce rights under this + Agreement, the prevailing party will be entitled to recover costs and + reasonable attorneys’ fees from the other party. A separate written + license agreement or order and signed by Plex and you or your + company, employer, or principal may state other terms and conditions + that apply to you, including terms relating to price, payment, + delivery, confidential information, support services, and the like. + You are solely responsible to review such terms or conditions with + your company, employer or principal. In the event of any conflict in + terms, the terms of the separate license agreement shall supersede + the terms of this Agreement. + +G. Both parties agree that this Agreement is the complete and exclusive + statement of the mutual understanding of the parties and supersedes + and cancels all previous written and oral agreements, communications, + and other understandings relating to the subject matter of this + Agreement. + +Source: https://www.plex.tv/about/privacy-legal/plex-terms-of-service/ |