| 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/ |