DStv Mobile Decoder
END USER LICENCE AGREEMENT
1. SUBJECT MATTER
1.1 This Software License Agreement ("Agreement") is between MultiChoice Africa (Pty) Ltd. ("MultiChoice") and You (either an Individual or an Entity), the End User.
The Agreement authorises You to download, install and use the Software specified in clause 2, under the terms and conditions set out below. This is an agreement for end user rights and not an agreement for sale. MultiChoice continues to own the copy of the Software, any other copy that You are authorised to make pursuant to this Agreement, and all the relevant documentation or materials provided.
1.2 MultiChoice grants You a licence to use the Software specified in clause 2 (the “Licence”) only if You agree to all of the terms and conditions of this Agreement. Read this Agreement carefully before downloading, installing or using the Software. By clicking on the "I Agree" button while downloading, installing and/or using the Software, You agree to the terms and conditions of this Agreement. If You do not agree to all or some of the terms and conditions of this Agreement, promptly click on the "Cancel" button, cancel the downloading or installation, or destroy or return the Software, all the copies and accompanying documentation and/or materials in Your possession to MultiChoice. YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
2.1 The Software may be provided in the form of an installation disk or CD, sent to You by electronic mail, downloaded from Servers or from other sources.
2.2 As used in this Agreement, the term "Software" means the software product named "DStv Mobile Decoder". The term "Software" shall include:
2.2.1 all the contents of the disk/s, CD-ROM/s, electronic mail and its file attachments, or other media with which the Software is provided;
3. END USER RIGHTS AND LIMITATIONS
3.1 MultiChoice grants to You, the End User, a non-exclusive, non-transferable and non-sublicensable end user right to download, install and use the Software according to the terms and conditions of this Agreement and subject to the restrictions and the permissions described in this Agreement.
3.2 The Software may only be used in Africa and its adjacent islands.
3.3 You may make one copy of the Software as an archival back-up copy, provided Your archival backup copy is not installed or used on any computer. Any other copies You make of the Software are in violation of this Agreement. You may install the Software on a single hard disk provided that the original Software is stored only for back-up purposes.
3.4 You may not, partially or in whole, copy, adapt, transform, modify in any way, translate, reproduce, distribute the Software or parts of it, make derivative works or incorporate it or part of it in other software, except as expressly provided in this Agreement. You may only use the Software in accordance with the provisions of this Agreement.
3.5 You may not sell, transfer, assign, sublicense, rent, lease or lend the Software or otherwise dispose of it, with or without consideration. You may not assign or transfer the present Agreement, nor the rights and obligations arising out of it, or otherwise dispose of it.
3.6 You may not reverse engineer, reverse compile, disassemble or otherwise attempt to discover the source code of the Software (except to the extent that this restriction is expressly prohibited by law) or create derivative works based on the Software.
3. 7 You may not reproduce the Documentation related to the Software, which is solely owned by MultiChoice and/or its licensors.
3. 8 The right to use the Software under this Agreement does not extend to the source code of the Software.
4. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
4.1 The Software and all rights, including, without limitation, copyright and intellectual property rights therein, are owned by MultiChoice and/or its licensors and are protected by international treaty provisions and all other applicable national and international laws of the jurisdiction in which it is being used.
4.2 The structure, organization and code of the Software, techniques, algorithms, processes contained in the Software are the valuable trade secrets and confidential information of MultiChoice and/or its licensors.
4.3 Any copies which You are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on the Software.
5. MULTIPLE ENVIRONMENT SOFTWARE / MULTIPLE LANGUAGE SOFTWARE / DUAL MEDIA SOFTWARE / MULTIPLE COPIES / UPDATES
5.1 If the Software supports multiple platforms or languages, if You receive the Software on multiple media, or if You otherwise receive multiple copies of the Software, the number of computers on which all versions of the Software may be installed shall be one computer. You may not sell, rent, lease, sublicense, lend, assign or transfer, any title, versions or copies of the Software You do not use.
5.2 MultiChoice may update or modify the Software, in which case all the terms and conditions of this Agreement shall apply. If the Software is an update to a previous version of the Software, You must possess a valid end user right to such previous version in order to use the update and You may use the previous version for ninety (90) days after you receive the update in order to assist You in the transition to the update. After such time You no longer have a right to use the previous version, except for the sole purpose of enabling You to install the Update.
6. COMMENCEMENT AND TERMINATION
6.1 This Agreement is effective from the first date You install the Software. You may terminate this Agreement at any time by permanently deleting, destroying or returning, at your own cost, the Software, all the copies and all related Documentation and/or materials provided by MultiChoice, by giving written notice to MultiChoice to the address set out in clause 12.
6.2 MultiChoice reserves the right to terminate this Agreement at any time and without notice and to ask You to return, delete or destroy, at your own cost, the Software, all the copies and all the related Documentation and/or materials provided.
6.3 If you infringe clause 3 of this Agreement, MultiChoice has the right to immediately terminate the Agreement, without notice, in addition to compensation for all damages suffered.
6.4 In case of termination of this Agreement, for any reason, you must immediately delete, destroy or give back to MultiChoice, at your own cost, the Software, all copies and all the related Documentation and/or materials provided.
7. WARRANTIES EXCLUSION
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND NEITHER MULTICHOICE NOR ITS AFFILIATES, LICENSORS, OR COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. THERE IS NO WARRANTY BY MULTICHOICE, ITS AFFILIATES OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM IT. EVENTUAL WARRANTIES, IF COMPULSORY, SHALL BE MADE FOR THE MINIMUM TERM PERMITTED BY APPLICABLE LAW.
8. MULTICHOICE’S OBLIGATIONS AND END USER RIGHTS
9. EXCLUSION/LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MULTICHOICE, ITS AFFILIATES, DIRECTORS, THEIR EMPLOYEES OR LICENSORS BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, SUFFERED BY YOU OR THIRD PARTIES, PHYSICAL AND ABSTRACT DAMAGE, ECONOMIC AND NON-ECONOMIC DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGE, GENERAL AND SPECIAL DAMAGE, LOST PROFITS, REVENUE, SALES, DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION OR FOR ANY INCIDENTAL COVER, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, DELICT, NEGLIGENCE, OR OTHER FORM OF LIABILITY, INCLUDING LOST DATA, ARISING OUT OF THE INSTALLATION, USE OF OR INABILITY TO USE THE SOFTWARE, OR ARISING OUT OF THE LACK OF CONDITIONS AND REQUIREMENTS WHICH ALLOW A FULL AND EFFECTIVE USE OF THE SOFTWARE, EVEN IF MULTICHOICE, ITS AFFILIATES, DIRECTORS, THEIR EMPLOYEES OR LICENSORS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. TECHNICAL SUPPORT
MultiChoice has no obligation to furnish You with technical support unless separately agreed in writing between You and MultiChoice.
11. EXPORT CONTROL
If the Software is subject to import or export controls, You agree to comply strictly with all applicable import and export regulations and You acknowledge that You have the responsibility to obtain all the necessary licences to export, import, re-export, transfer or import the Software.
12. NOTICES AND CONTACT INFORMATION
All notices and return of the Software and related Documentation and/or materials shall be delivered, by registered letter with advice of receipt, to:
13. APPLICABLE LAW AND GENERAL PROVISIONS
13.1 This Agreement is governed by the laws of the Republic of South Africa.
13.2 All disputes arising out of, or in connection with, this Agreement shall be referred to the Magistrate Court regardless of the amounts involved.
14. MISCELLANEOUS PROVISIONS
14.1 If any part of this Agreement is found void or unenforceable, this will not affect the validity of the rest of the Agreement.
14.2 You will keep all information given by MultiChoice in relation to the Software strictly confidential and will use all necessary attentions not to divulge them to non authorised third parties.
14. 3 MultiChoice confirms that all end user personal data shall be processed only for purposes connected to the management of this Agreement.