End-User License Agreement
(Version 1.0 – Effective as of 4 October 2017)
1.1. Please read this end-user license agreement ("EULA") carefully before clicking the "I Agree" button, downloading or using the Screener Copy software ("Service"). For purposes of this EULA, "Service" includes all software programs distributed, published or otherwise made available by Screener Copy or its affiliates related to the Services. "Services" also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.
1.2. By clicking the "I Agree" button, downloading or using the Screener Copy Platform and/or Services, you are agreeing to be bound by the terms and conditions of this EULA. Your use of the Screener Copy platform and/or Services is conditional upon your acceptance of this EULA.
1.3. If you do not agree to the terms of this EULA, do not click the "I Agree" button and/or do not download or use the Services.
1.4. THE SERVICES ARE LICENSED AND ARE NOT SOLD. YOUR USE OF THE SERVICES IS SUBJECT TO THE TERMS AND CONDITIONS SET OUT IN THIS LICENSE. BY INSTALLING OR USING THE SERVICES YOU ACCEPT THE TERMS OF THIS LICENSE.
2.1. Custos Media Technologies (RF) Proprietary Limited, (Registration number 2014/039963/07), a private company incorporated under the laws of the Republic of South Africa, with its registered address situated at 15 de Beer Street, Stellenbosch, South Africa, email: [email protected] ("Screener Copy"), hereby grants you a revocable, non-exclusive, non-transferable, limited license to and use the Services solely for your personal, non-commercial purposes strictly in accordance with the terms of this EULA.
2.2. The rights granted in this EULA are subject to your compliance with this EULA. The Services are being licensed to you and you acknowledge that no ownership in or title to the Services is being or will be transferred or assigned to you and this EULA is not to be construed as a sale of any rights in or to the Services.
2.3. This license will commence on the date that you accept this EULA and install and/or use the Services.
You agree not to, and you will not permit others to:
3.1. license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Services or make the Services available to any third party;
3.2. make the Services or content received by you as a result of the Services publicly available or available on a network for use or download by multiple users;
3.4. reverse engineer, or otherwise modify the Services;
3.5. tamper with any copyright, trademark or other proprietary rights notices, marks or labels, or falsify or delete any legal notices or other labels of the origin or source of the Services;
3.6. tamper with, disable or circumvent any access control measures to the Services;
3.7. use the Services to harm or cause harm, offence to or harass any person;
3.8. disrupt the Services in a way that may negatively affect the ability of others to fully enjoy the Services;
3.9. use the Services to link to or submit any content which is defamatory, abusive, hateful, threatening, spam-like, likely to offend, contains personal information of others which you are not authorised to process, is racially, sexually, religiously, or otherwise offensive or objectionable, risks copyright infringement, encourages unlawful activity, or otherwise violates any other laws or rights;
3.10. self-claim any embedded bounties or rewards offered through the Services that become available as a result of your own breach of this EULA; and
3.11. misrepresent yourself, use another person's account credentials or share your account credentials.
4. Modifications to the services
4.1. Screener Copy reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services or any other service or software to which it connects, with or without notice and without liability to you.
4.2. You are deemed to accept any and all changes and or modifications made to the Services by Screener Copy through your continued use of the Services.
5. Term and Termination of the license
5.1. This EULA shall remain in effect until it is terminated by you or Screener Copy and shall result in your license to use the Services terminating.
5.2. The license will terminate automatically if you attempt to circumvent any technical protection measures used in connection with the Services or if you use the Services in breach of this EULA. The license will terminate immediately when you delete the Services from your device(s).
5.3. Your license to use the Services will also terminate immediately should you contravene any of the provisions of clause 3 above.
5.4. Screener Copy may, in its sole discretion, at any time and for any or no reason whatsoever, suspend or terminate this EULA with or without prior notice to you without any liability.
5.5. Upon termination of this EULA, you shall cease all use of the Services and delete all copies of the Services and any related material from your devices.
6. suspension of your license
Should you be suspected of leaking any content connected to your account or if the bounty embedded in any content on your account is claimed and tracked to your identity, your account will be suspended. Suspension will continue pending the finalisation of any investigation relating to the determination of the validity of the accusation of leaked content or the claim to the bounty.
You hereby indemnify and hold Screener Copy harmless against any claims for loss, damage or injury, including consequential loss, damage or injury, suffered by you, your customers or any third parties (where applicable) arising from or in connection with this EULA and/or the use of the Services, including loss, damage or injury suffered by you and/or your customers and/or third parties (where applicable) as a result of any wilful and/or negligent acts or omissions of Screener Copy, its directors, employees, agents or representatives whilst acting in the course and scope of the provision of the Services, and you hereby indemnify and hold Screener Copy harmless in respect of any such liability.
8. limitation of liability
IN NO EVENT WILL SCREENER COPY, ITS AFFILIATES, LICENSORS OR CHANNEL PARTNERS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION IN SO FAR AS IS PERMITTED BY LAW.
9.1. SCREENER COPY DOES NOT WARRANT THAT THE SERVICES OR ANY CONTENT, ADDITIONAL SERVICE, OR FEATURE OF THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICES WILL PROVIDE SPECIFIC RESULTS. THE SERVICES, ITS CONTENT, AND RELATED SERVICES ARE DELIVERED AND PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS.
9.2. You understand and agree that you use the Screener Copy platform and Services at your own risk and that you will be solely responsible for any possible consequences that such use or misuse may have or result in. You agree that you may not seek any recourse from Screener Copy for any consequences that may arise from your use, or otherwise, of the Screener Copy platform and Services.
10. Amendments to this Agreement
Screener Copy reserves the right, at its sole discretion, to modify or replace this EULA at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
11. GOVERNING LAW AND SUBMISSION TO JURISDICTION
11.1. This EULA and any matter arising from this EULA or your use of the Services shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.
11.2. The Parties hereby consent and submit to the exclusive jurisdiction of the Western Cape High Court in respect of any litigation arising in terms of this EULA or your use of the Services.
12.1. Data protection: for purposes of the Protection of Personal Information Act 4 of 2013 ("POPIA"), Screener Copy shall only process your personal information (as defined in POPIA) for the purposes of this EULA and will comply with all requirements as prescribed by POPIA. You agree that Screener Copy shall have the right to process any personal information gained as a result of this EULA and your use of the Services.
12.2. No assignment: neither you or Screener Copy will be entitled to cede its rights or delegate its obligations in terms of this EULA without the express prior written consent of the other party.
12.3. Relationship between the parties: the parties agree that neither party is a partner or agent of the other party and neither party will have any right, power, or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party.
12.4. No representation: to the extent permissible by law, no party shall be bound by any express or implied or tacit term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
12.5. Severability: any provision in this EULA which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of this EULA, without invalidating the remaining provisions of this EULA.
13. Contact Information
If you have any questions about this EULA, please contact us through one of the following methods:
13.1. Physical address: LaunchLab, Hammanshand Road, Stellenbosch, South Africa, 7600.
13.2. Telephone: +27 21 808 9505.