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Colorcast End User License Agreement

End User License Agreement

 

Reservation

Using the Service does not give you ownership of or rights to any aspect of the Service, including user names or any other Content posted by others or Colorcast.

 

Content Ownership

You are granted a limited, non-exclusive, revocable permission to make use of Colorcast, and a limited, non-exclusive, revocable permission to make personal, non-commercial use of the Content on Colorcast–including the content you create (collectively, “Access”). This access shall remain in effect until and unless terminated by you or by Colorcast. You promise and agree that you are using Colorcast and Content on Colorcast for your own personal, non-commercial use, and that you will not redistribute or transfer Colorcast’s Services or Content.

 

Colorcast software applications and Content are not sold or transferred to you, and Colorcast and its Affiliates, and Licensors, retain ownership of all copies of Colorcast’s software applications and Content even after installation on your personal computer, mobile device, tablet, speakers, and/or other devices.

 

All Colorcast trademarks, service marks, trade names, logos, domain names, and any other features of the Colorcast (“Colorcast Brand Features”) brand are the sole property of Colorcast or its Affiliates and Licensors. This Agreement does not grant you any rights to use any Colorcast Brand Features whether for commercial or non-commercial use.

 

License to Colorcast

To the extent any rights in the Content or Services are retained by you, you grant Colorcast a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service and Colorcast’s (and its Affiliates’) business, including for the purpose of promoting and redistributing part or all of the Service. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Generated Content, including the aforementioned feedback, and your right to object to derogatory treatment of such User Generated Content.

 

If you provide feedback, ideas, or suggestions to Colorcast in connection with Colorcast’s Services or Content, you acknowledge that such feedback is not confidential and you authorize Colorcast to use that Feedback without restriction and without payment to you. Feedback is properly considered a type of User Generated Content. 

You agree that Colorcast may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Colorcast. Colorcast may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

 

License to Other Users

You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service (such as audio playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service.

 

You may not use or otherwise export or re-export Colorcast or its Services or Content except as authorized by this Agreement and as authorized by United States law and the laws of the jurisdiction in which such license was obtained. In particular, but without limitation, the aforementioned may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using Colorcast, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use Colorcast for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

 

Duration of License

The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Service. You understand and agree, however, that Colorcast may retain, but not display, distribute, or perform, server copies of your Casts that have been removed or deleted.