54
USER GUIDE
Page
© Copyright Prism Media Products Ltd 2012
MS-3D MediaServer / MediaPlayer
TERMs & CONDITIONs
XiVA™ sOFTWARE CUsTOMER sERVICE AGREEMENT
Your next-generation XiVA™ home media appliance (your
MediaServer) is powered by XiVA™ Software brought to you
by Prism Media Products Ltd (“Prism”). This agreement explains
the terms and conditions that will apply to your use of XiVA™
Software.
Definitions in this Agreement
“Prism” or “we” means Prism Media Products Ltd (company
registration number 2719511) whose registered office is at The
Old School, High Street, Stretham, Cambridgeshire, CB6 3LD,
England, United Kingdom;
“Software” means the XiVA™ Software on your MediaServer and
related XiVA™ accessory software.
“Service” means the use of XiVA™ Software related services
provided to you by Prism, for example the registration service via
the Internet.
“You”, “your” and “yourself” means you, the person entering
into this agreement with Prism;
“Registration Data” means your name, address, postcode and
telephone number (optional) or email address (optional).
Service Charges
You will be responsible for the interoperability between your
XiVA™ home media appliance (your MediaServer), your TV set
and the public telephone service and all related charges.
XiVA Software Privacy Policy
Prism respects the privacy of your information and will handle
any personal information you might supply to us when you
register your equipment in accordance with the XiVA™ Software
Privacy Policy. A copy of this Privacy Policy is included as a part
of this document and forms part of these terms and conditions.
Please read it carefully.
Conditions of Use
You agree not to use the Software and/or Service in a way that
may reasonably be expected to interrupt, disturb or impair the
working of the XiVA™ Software Service. You will not insert or
knowingly or recklessly transmit, distribute, upload or otherwise
make available emails, software, data or files that contain a virus
or corrupt data; seek unauthorized entry into back office; hack
into any aspect of the Software or Service; knowingly corrupt
data; circumvent, or attempt to seek to circumvent, any of the
security safeguards of Prism or any of its suppliers; make any
business use of the Service; or assist any third party to do any
of these things. By registering, you agree to these terms and
conditions.
Title to Software and Intellectual Property
Prism retains title to and ownership of all the XiVA™ Software
and intellectual property rights in Prism authorised products
and XiVA™ home media appliances and the Service. Prism also
retains ownership of all Prism copyrights and trademarks. Except
as expressly authorised by Prism, you agree not to copy, modify,
reverse engineer, rent, lease, loan, sell, distribute, sublicense, or
create derivative works based on the XiVA™ Software, in whole
or in part.
You agree not to access the XiVA™ Software Service by any
means other than through the interface provided by Prism or a
Prism Business Partner for use in accessing the Service.
Indemnity
Neither Prism nor any of its directors, employees or other
representatives will be liable for damages arising out of or in
connection with the use of the Software. Save in respect of
liability for death or personal injury arising out of negligence,
Prism hereby disclaim and exclude to the fullest extent permitted
by law all liability for any loss or damage whatsoever and
howsoever incurred including any consequential, special,
secondary or indirect loss or damage or any damage to goodwill
or profits or any loss of anticipated savings incurred by you,
whether arising in tort, contract or otherwise, and arising out
of or in relation to or in connection with your access to or use
of or inability to use the Service or any software or content
supplied to you in connection with the Service, or in connection
with any failure of performance, error, omission, interruption,
defect, delay in operation or transmission, computer virus or line
or system failure even if Prism or its employees or agents are
advised of the possibility of such damages, losses or expenses.
Limitations of Prism’s Liability
In no event will Prism or its suppliers be liable to you or any third
party for any loss of profits, loss of data, loss of revenue, loss of
or loss of use of software, loss of or loss of use of equipment, to
which the MediaServer is connected, business interruption, or
other indirect, consequential, special, or incidental damages of
any nature arising from or relating to your use of the Software,
even if Prism has been advised of the possibility of such damages.
You understand that these limitations of Prism’s and Prism’s
suppliers’ liability are a fundamental term of this agreement.
Changes to the XiVA™ Software Service
Prism reserves the right in its absolute discretion at any time
and without notice to users of the Software to add, remove,
amend or vary features of the Software or Service, temporarily or
permanently, or on notice to all users to discontinue the Service
altogether at any time in its discretion. You agree that Prism shall
not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
Prism also reserves the right to change the terms and conditions
of this agreement. Such changes shall be effective upon
notification by Prism. You are responsible for viewing any
new terms and continued use after notification will confirm
acceptance of such changes.
Invalidity
If any part of these terms and conditions are unenforceable
(including any provision in which we exclude our liability to
you) the enforceability of any other part of these terms and
conditions will not be affected.
Governing Law
These terms and conditions shall be governed by and interpreted
in accordance with the laws of England and Wales whose courts
shall have jurisdiction to resolve any disputes between us. The
official text of this agreement shall be in English. In the event
any dispute concerning the construction or meaning of this
agreement, reference shall be made only to this agreement
as written in English and not to any translation into another
language. If any provision of these terms and conditions is
held by a court of competent jurisdiction to be contrary to the
law then such provisions shall be construed as far as possible to
reflect the intention of the parties and the other provisions shall
remain in full force and effect.
Entire Agreement
These terms and conditions set out the whole of the agreement
relating to our supply of the Software and Service and shall
supersede any prior agreements or representations in respect
thereof. These terms and conditions cannot be varied except in
writing, which can be delivered by electronic mail by Prism. In
particular nothing said by any sales person on behalf of Prism
or a Prism Business Partner should be understood as a variation
of these terms and conditions or an authorised representation
about the Service or the nature and quality of items displayed
thereon. Prism shall have no liability for any such representation
being untrue or misleading.
No person other than the parties to this agreement shall have
the right to enforce any of its terms under the Contracts (Rights
of Third Parties) Act, 1999.
These terms do not relate to your purchase of the XiVA™ home
media appliance itself, which is governed by a separate warranty
agreement provided by Prism’s Business Partner or their agent.
Assignment
You shall not assign any of your rights or obligations under these
terms and conditions without Prism’s prior written consent.
Prism shall have the right to assign or otherwise delegate all or
any of its rights or obligations under these terms and conditions
on notification to you.
Waiver
Prism’s failure to exercise or enforce any of its rights under these
terms and conditions shall not constitute a waiver of any such
right.
