Please read this Mobile Application End-User License Agreement (“EULA”) carefully before downloading or using the Nex4 mobile application (“Mobile APP”). This EULA governs your use of the Mobile App, which will allow you to access the Nex4 stream service (the “Subscription Service”) directly from your mobile device. Your use of the Subscription Service will remain subject to the existing agreement governing such use (the “Subscription Agreement”); to the extent it conflicts with this EULA, the terms of this EULA will apply. Your use of the Nex4 App indicates your consent to this EULA.
1. License. Nex4 grants you a revocable, non-exclusive, non-transferable, limited license to install, and use the Mobile App for your personal and entertainment purposes strictly in accordance with this EULA and the Subscription Agreement.
2. Your Account. Your use of the Mobile App requires that you have an account with Nex4 Television and agree to the terms of a Nex4 Subscription Agreement.
3. Changes to this EULA. Nex4 reserves the right to modify this EULA. Nex4 will post the most current version of this EULA at mobile-eula. If Nex4 makes material changes to this EULA, we will notify you via the Mobile App. Your continued use of the Mobile App after Nex4 publishes notice of changes to this EULA indicates your consent to the updated terms.
No Included Maintenance and Support. Nex4 may deploy changes, updates, or enhancements to the Mobile App at any time. Nex4 may provide maintenance and support for the Mobile App, but has no obligation whatsoever to furnish such services to you and may terminate such services at any time without notice. You acknowledge that neither Apple (for iOS Mobile App) nor Google (for Android Mobile App) has an obligation to furnish any maintenance and/or support services in connection with the Mobile App.
7. Consent to Electronic Communications and Solicitation. By downloading the Mobile App, and/or opting-in through notification settings, you authorize Nex4 to send you (including via email and push notifications) information regarding the Subscription Service and the Mobile App, such as: (a) notices about your use of the Subscription Service and the Mobile App, including notices of violations of use; (b) updates to the Subscription Service and Mobile App and new features or products; and (c) promotional information and materials regarding Nex4's products and services. You can review your account settings to adjust your messaging preferences or unsubscribe to some messaging by following instructions provided by Nex4.
No Warranty. YOUR USE OF THE MOBILE APP IS AT YOUR SOLE RISK. THE MOBILE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEX4 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
iOS Application. In the event of Nex4's failure to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Mobile App. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO (A) THE MOBILE APP AND (B) ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COST, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.
Android Application. GOOGLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
9. Suspension and Termination of the Mobile App. Nex4 reserves the right to suspend or terminate your access to the Mobile App at any time based on the status of your account under the Subscription Agreement. You understand that if your account is suspended or terminated, you may no longer have access to the content that is stored within the Subscription Service.
10. Intellectual Property Rights. In the event of a third party claim that the Mobile App, or your possession and use of the Mobile App, infringes third party’s intellectual property rights, Nex4, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
11. Legal Compliance. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
12. Governing Law. This EULA shall be governed by and construed in accordance with the laws governing your Subscription Agreement.
13. Contact Information. If you have any questions regarding this EULA, please contact Nex4 by email at Legal, by phone at(802) 833-1229
14. Third Party Beneficiaries. Upon your acceptance of this EULA, Apple (for iOS Mobile Apps) and Google (for Google Mobile Apps), respectively, will have the right to enforce this EULA against you as a third party beneficiary thereof.