From 17844d21631d5e003f9d8f623ceda8dcd70c21fa Mon Sep 17 00:00:00 2001 From: Itai Ferber Date: Fri, 14 Mar 2025 21:00:06 -0400 Subject: [PATCH] licenses: remove duplicated Plex license Signed-off-by: Itai Ferber --- licenses/Plex | 755 -------------------------------------------------- 1 file changed, 755 deletions(-) delete mode 100644 licenses/Plex diff --git a/licenses/Plex b/licenses/Plex deleted file mode 100644 index c70ccf5ce2..0000000000 --- a/licenses/Plex +++ /dev/null @@ -1,755 +0,0 @@ -Revised April 11, 2024  - -By using or otherwise accessing the Plex website, a Plex software, -mobile, or web application(s), or any related Plex service(s) -(collectively, the “Plex Solution”), you accept and agree to the -following Terms of Service (this “TOS”). Plex GmbH and its affiliates, -including Plex, Inc., a Delaware company, (together, “Plex”) is willing -to license and permit use of the Plex Solution subject at all times to -agreement with this TOS. If you do not agree to this TOS, do not use the -Plex Solution. - -1. LICENSE. - -Overview. For more information regarding the currently available Plex -Solution, please click here[^1]. The Plex Solution is provided pursuant -to this TOS to individual persons (and not entities) residing in the -countries or regions where Plex makes available its products and -services. - -General Plex Solution Grant. The Plex Solution is made available by -Plex, and this TOS provides to you (identified herein as “you” or a -“user” or with “your” (as further described below)) a personal -(non-commercial), revocable, limited, non-exclusive, nontransferable, -and non-sublicensable license to access and use the Plex Solution (by -you and your Authorized Users (as defined below)) conditioned on your -continued compliance with this TOS. You may print and download Plex -materials and information from the Plex Solution solely for your -personal use, provided that all hard copies contain all copyright and -other applicable notices contained in (or that are required to be -displayed with) such materials and information and that you (or your -Authorized User(s)) do not further distribute or disclose such materials -and information. The content layout, formatting, and features (or -functionality) of and online or remote access processes for the Plex -Solution shall be as made available by Plex in its sole discretion. You -also acknowledge and agree to the following: (i) Plex has the right to -control and direct the means, manner, and method by which the Plex -Solution is provided; (ii) Plex may, from time to time, engage -independent contractors, consultants, or subcontractors to aid Plex in -providing the Plex Solution or use thereof; and (iii) Plex has the right -to provide the Plex Solution to others. - -Additional License Restrictions.  When using the Plex Solution in -accordance with the foregoing license, you shall not directly or -indirectly (a) use the Plex Solution to create any service, software or -documentation that performs substantially the same functionality as the -Plex Solution, (b) disassemble, decompile, reverse-engineer, or use any -other means to attempt to discover any source code, algorithms, trade -secrets, or applications underlying the Plex Solution or any of its -tools, content, or features, (c) encumber, sublicense, transfer, -distribute, rent, lease, time-share, or use the Plex Solution in any -service bureau arrangement or otherwise for the benefit of any third -party, (d) adapt, combine, create derivative works of, or otherwise -modify the Plex Solution, (e) disable, circumvent, or otherwise avoid or -undermine any security device, mechanism, protocol, or procedure -implemented in the Plex Solution, (f) use or access the Plex Solution -for any unlawful, fraudulent, deceptive, tortious, malicious, or -otherwise harmful or injurious purpose, (g) remove, obscure, deface, or -alter any proprietary rights notices on any element of the Plex Solution -or accompanying documentation, or (h) use the Plex Solution in any -manner which could damage, disable, overburden, or impair the Plex -Solution or interfere with any third party’s authorized use of the Plex -Solution. - -PMS Software Download(s). Plex may make downloadable software or a -mobile application(s) available through or as a part of the Plex -Solution for use in connection with your personal media management (“PMS -Software”). The right to use the PMS Software is provided as a part of -the grant (above) to use the Plex Solution in accordance with this TOS -and subject to the following additional obligations. You may only use -the PMS Software: (i) on a device or hardware that you own; (ii) to add -Content (defined below) to that PMS Software; and (iii) and as a part of -your use of the Plex Solution or other Plex service. You hereby -acknowledge that the PMS Software may include or allow integration with -certain third-party executable modules that may be subject to additional -license terms and conditions. References to the Plex Solution herein -shall include the PMS Software and any integrated third-party executable -module(s) that you utilize. - -Interfacing Software. “Interfacing Software” means any software that you -obtain or provide and that accesses or calls any PMS Software provided -by Plex as part of the Plex Solution including, but not limited to, -plug-ins for the Plex Solution, channel plug-ins, metadata agents, and -client applications that communicate directly or indirectly with the -Plex Solution. You are responsible and liable for any Interfacing -Software, including any data collection that may be undertaken or occur -through the Interfacing Software. Plex encourages the implementation and -adherence of data collection and use practices substantially similar to -those articulated in the privacy policy of Plex (identified below). By -making, or assisting others in making, available any Interfacing -Software, you hereby grant Plex a worldwide, non-exclusive, and -royalty-free right and license to use (including testing, hosting, and -linking to), copy, publicly perform, publicly display (including -screenshots), reproduce in copies for distribution, market or promote -(as a part of the Plex Solution or other services of Plex), and -distribute the copies of any Interfacing Software (or its associated -name). In connection therewith, you hereby agree to provide and include -(or link to) a privacy notice summarizing practices consistent with the -privacy policy of Plex noted below and include in the source code of the -Interfacing Software a copyright notice of the form: Copyright © -. Any data collection by Plex shall be in a manner -consistent with Plex’s privacy policy (noted below). Subject to the -inclusion by Plex of this notice (if first provided to Plex by you), 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. -You represent and warrant that you have all rights necessary to make the -foregoing grants, and you further agree that you will use and integrate -the Interfacing Software in a manner consistent with acceptable use of -the Plex Solution pursuant to this TOS. You may notify us (please click -here[^2]) if you do not wish for Plex to use the Interfacing Software -that was created by and is owned by you. Any such notification must -include all requested information and representations (as indicated by -Plex). Plex will comply with such a proper request and cease its own use -of the Interfacing Software, but Plex must be granted a transition -period of at least thirty (30) days after receipt of the request to -comply. Plex, however, shall not be obligated to confirm removal or -cessation of the Interfacing Software by you or others (including -Authorized Users) outside its control. - -Content Available Through the Plex Solution. In connection with the -foregoing grant to use the Plex Solution, the Plex Solution allows you -to view or otherwise access original Plex or third party Content. -“Content” includes, but is not limited to, text, graphics, photos, -sounds, audio, and videos in the form of, by way of example and not -limitation, news reports, videos, and music. The availability of such -Content may change and not all Content is available in all formats. Use -of the Content is subject to the license grant for the Plex Solution, -but in addition, shall remain non-transferable and may be subject to -additional license grant terms set by the respective third party -licensor(s). Third-party Content displayed or accessible through the -Plex Solution is protected by copyright and other intellectual property -law and belongs to the respective owner(s) or licensor(s). This TOS does -not grant you the right to copy (further), distribute, prepare -derivative works, publicly display, or otherwise use any Content. You -are expressly prohibited from engaging in or facilitating the -unauthorized sharing or distribution of Content. For that reason, -Content available on your PMS Software must be on storage that you own. - -Plex Solution Updates. Plex may, but is not obligated to, update the -Plex Solution with updates, upgrades, enhancements, improvements, -additions, new or incremental features or functionality of and generally -made available through the Plex Solution (as determined by Plex in its -sole discretion), or modifications that are provided as part of product -support and any other support or maintenance services that Plex provides -as part of or otherwise in connection with the Plex Solution -(collectively, “Plex Solution Updates”). In some instances, you may be -required to consent to or to agree to use and implement an applicable -Plex Solution Update in a timely manner, including, without limitation, -as a means to protect the Plex Solution from unauthorized use, content, -or data. If you decline a Plex Solution Update, you may not be able to -use or access the Plex Solution (in whole or in part), and Plex shall -have no responsibility or liability for any continued use. Unless -otherwise indicated, references to the Plex Solution include any Plex -Solution Updates. - -Support. This TOS does not entitle you to any support or installation -service (collectively, “Support”). Any such Support that may be made -available by Plex, in its sole discretion, shall be subject to separate -terms and conditions with Plex. - -Authorized User(s). Subject to any third party license restrictions for -applicable Content, you may enable members of your immediate family, for -whom you will be responsible (each, an “Authorized User(s)”), to access -and use the Plex Solution so long as all such use remains in compliance -with this TOS. Nevertheless, you acknowledge and agree that you shall be -responsible for monitoring your own and your Authorized User(s)’s use of -the Plex Solution and for maintaining compliance with this TOS and any -third party license restrictions for applicable Content. Any breach of -this TOS by an Authorized User(s) shall constitute a breach by you. -Unless otherwise indicated, references to “you” or “your” throughout -this TOS therefore mean you, your Authorized User(s), and the person or -entity named on your account with Plex. - -Restrictions. This TOS is only a license and not an assignment or sale. -Plex transfers no ownership or intellectual property interest or title -in and to the Plex Solution to you or anyone else. Plex expressly -prohibits you and any third parties from: (i)  selling or purchasing -access to the Plex Solution or to any other service that makes improper -and unauthorized use of the Plex Solution in violation of these TOS; -(ii) distributing all or part of the Plex Solution; (iii) replicating -any exclusive Plex Pass functionality as described here[^3]; or (iv) -obtaining Plex Pass functionality without a valid Plex Pass. Further, -Plex reserves all rights not expressly granted by this TOS. Accordingly, -you may not modify, translate, decompile, create derivative work(s) of, -copy, distribute, disassemble, broadcast, transmit, publish, remove or -alter any proprietary notices or labels, license, sublicense (other than -to an Authorized User(s)), transfer, sell, mirror, frame, exploit, rent, -lease, private label, grant a security interest in, or otherwise use in -any manner not expressly permitted herein (or by Plex) the Plex -Solution. In particular, and without limitation of the foregoing, there -is no right to distribute further the PMS Software to the public or in -excess of the limited license (above). Moreover, this TOS does not grant -any right to modify the PMS Software or provide a right or license in or -to any third-party executable module(s) or accessible content beyond the -limited and express grant herein. - -2. USER OBLIGATIONS. - -Generally. You represent that you are at least eighteen (18) years of -age (or the legal age of majority, whichever is greater) and will, at -all times, provide true, accurate, current, and complete information -when submitting information or materials on or through the Plex -Solution, including, without limitation, when you provide information -via a Plex Solution registration, account, or submission form. You are -responsible for completing any registration(s) or account requirements -for access to applicable third party Content available through the Plex -Solution. Individuals under the age of eighteen (18) (or the applicable -age of majority) may utilize the Plex Solution only with the involvement -and acceptance of (this TOS by) a parent or legal guardian and then -solely as an Authorized User under a parent or legal guardian’s account. -You further represent that you (or the person agreeing to, accepting, or -acting under this TOS) are authorized to act on behalf of the person or -entity named on the account with Plex. In addition, you agree to abide -by all applicable local, state, national, and international laws and -regulations with respect to your use of the Plex Solution. In -particular, you may not take any action that will infringe on or -facilitate in any way the infringement of the intellectual property -rights of Plex or any other third party. If you violate this TOS, Plex -has sole discretion to suspend or permanently disable your access to the -Plex Solution, and we may permanently disable or delete your account or -prohibit you from creating a new account. 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. You also acknowledge and agree that use of the -Internet and the Plex Solution is solely at your own risk. You further -understand that by using the Plex Solution you may encounter content -that you may find offensive, indecent, or objectionable. You assume all -responsibility for obtaining and paying for all licenses and costs for -third-party software and hardware necessary for access to the Plex -Solution, and for maintaining and backing-up your content and data. - -User Account. You may be required to provide certain personal -information necessary to create an account with Plex. You may be -required to create login credentials, such as a username and password, -or adhere to other particular access requirements as designated by Plex -in its sole discretion from time to time. You are solely responsible for -the activity that occurs on your account and agree to keep your login -credentials confidential and secure. You acknowledge that Plex may not -provide controls that restrict the maturity level of content available -through the Plex Solution. If you allow your child (under the age of 18 -or the legal age of majority, whichever is greater) to access your Plex -account, you are solely responsible for monitoring your child’s use of -the Plex Solution and determining what maturity level is appropriate for -or accessible to your child. You shall immediately notify Plex if you -suspect or become aware of any loss or theft of or unauthorized use of -your access credentials. - -Content and Acceptable Use. The Plex Solution enables you to access -content, data, communication, and other interactive features and -functionality (with such uploaded, downloaded, shared, or exchanged -information or content referenced collectively herein as a “User -Content”). Distribution of User Content may be subject to third-party -rights. You agree that by using the Plex Solution you will not upload, -post, display, or transmit any of the following: - -- anything which defames, harasses, threatens, offends, or in any way - violates or infringes on the rights (including, without limitation, - patents, copyrights, or trademark rights) of others; -- anything which may damage, lessen, or harm the goodwill or - reputation of Plex and its services; -- anything which involves the impersonation of any other person or - entity; -- anything which constitutes viral or harmful programming code, files, - or software; -- anything which constitutes junk mail, spam, or unauthorized - advertising; or -- anything which is unlawful. - -Plex reserves the right to establish additional practices, parameters, -and limits in its sole discretion concerning the display or availability -of any User Content. Further, Plex shall not have any obligation to -incorporate or utilize any User Content that does not correspond to or -meet Plex’s technical or usage practices, parameters, and limits. - -Permission to User Content. You continue to retain any ownership rights -you have in the User Content you make available to Plex and/or the Plex -Solution. However, by submitting or making available any type of User -Content, you automatically and hereby grant to Plex a royalty-free, -transferable, sub-licensable and non-exclusive right and license to use -or act on any such User Content in furtherance of and in connection with -the operation of the Plex Solution. The rights you grant are limited to -the purpose of providing and operating the Plex Solution. You -specifically acknowledge that the Plex Solution facilitates distribution -of the User Content, and as a part of the foregoing grant, you permit -any user with whom you share content a non-exclusive license to access -and use the User Content through the Plex Solution as permitted through -the functionality of the Plex Solution. You represent that you have all -necessary rights to make the foregoing grants and to otherwise make User -Content(s) available to Plex and for (and through) the Plex Solution. - -No Pre-screening; Removal. Plex is not responsible for pre-screening or -editing your or any other user’s User Content, support forum posts, or -any other communications and encourages all of its users to use -reasonable discretion and caution in evaluating or reviewing any such -content or communications. Moreover, Plex does not endorse, oppose, or -edit any opinion or information provided by you or another user (unless -separately and expressly provided by Plex) and does not make any -representation with respect to, nor does it endorse the accuracy, -integrity, quality, acceptability, completeness, timeliness, lawfulness, -suitability, or reliability of any User Content or communications -displayed, uploaded, or distributed by you or any other user. You also -acknowledge that Plex has no control over the extent to which any idea, -content, or information may be used by any party or person once it’s -posted, shared, or displayed. Nevertheless, Plex reserves the right to -take any action within its control with respect to User Content (or -parts thereof), support forum posts, or any other communications that -Plex reasonably believes is necessary to: (i) satisfy any applicable -law, regulation, legal process or governmental request; (ii) enforce -this TOS, including investigation of potential violations hereof; (iii) -detect, prevent, or otherwise address fraud, security, or technical -issues; (iv) respond to user support requests; (v) protect the rights, -property, or safety of Plex, its users, or the public; or (vi) address -any act or omission that Plex believes in good faith violates this TOS -and/or is, or is potentially, unlawful or harmful to Plex, its services, -or goodwill. - -Enforcing Security. You may not use the Plex Solution or any of Plex’s -data, systems, network, or services to engage in, foster, or promote -illegal, abusive, dishonest, malicious, or irresponsible behavior, -including, without limitation, accessing or using Plex data, systems, or -networks in an unauthorized manner, attempting to probe, scan, or test -the vulnerability of a Plex system or network, circumventing any Plex -security or authentication measures, monitoring Plex data or traffic, -interfering with any Plex services, collecting or using from the Plex -Solution email addresses, screen names, or other identifiers, collecting -or using from the Plex Solution information without the consent of the -owner or licensor, using any false, misleading, or deceptive TCP-IP -packet header information, using the Plex Solution to distribute -software or tools that gather information, distributing advertisements, -or engaging in conduct that is likely to result in retaliation against -Plex or its data, systems, or network. Actual or attempted unauthorized -use of the Plex Solution may result in criminal and/or civil -prosecution, including, without limitation, punishment under the -Computer Fraud and Abuse Act of 1986 under U.S. federal law. Plex -reserves the right to view, monitor, and record activity through the -Plex Solution without notice or permission from you. Any information -obtained by monitoring, reviewing, or recording is subject to review by -law enforcement organizations in connection with investigation or -prosecution of possible criminal or unlawful activity through the Plex -Solution as well as to disclosures required by or under applicable law -or related government agency actions. Plex will also comply with all -court orders or subpoenas involving requests for such information. In -addition to the foregoing, Plex reserves the right to, at any time and -without notice, modify, update, suspend, terminate, or interrupt -operation of or access to the Plex Solution, or any portion of the Plex -Solution in order to protect the Plex Solution or Plex. - -Mobile Usage. The Plex Solution offers a tool(s) or display -functionality that is available to you via your mobile phone or other -mobile computing device (“Mobile Plex Solution(s)”). Please note that -your mobile carrier’s normal messaging, data, and other rates and fees -will apply to your use of the Mobile Plex Solution(s). In addition, -downloading, installing, or using certain Mobile Plex Solution(s) may be -prohibited or restricted by your mobile carrier, and not all Mobile Plex -Solution(s) may work with all carriers or devices or in all locations. -Therefore, you are solely responsible for checking with your mobile -carrier to determine if the Mobile Plex Solution(s) are available for -your mobile devices; what restrictions, if any, may be applicable to -your use of the Mobile Plex Solution(s); and how much such use will cost -you. Nevertheless, your use of the Plex Solution shall be strictly in -accordance with this TOS. - -Additional Terms and Conditions for Apple Users.  - -NOTE – The terms and conditions of this paragraph apply to you only if -you downloaded the Mobile Plex Solution(s) through Apple Inc.’s App -Store.  You acknowledge that this TOS is between you and Company, and -that Apple Inc. (“Apple”) bears no responsibility for the Mobile Plex -Solution and its content.  The license grant under this TOS with respect -to the Mobile Plex Solution is a non-transferable license to use the -Mobile Plex Solution on any Apple-branded products that you own or -control as permitted by this TOS and the Usage Rules set forth in the -Apple Media Services Terms and Conditions, except that the Mobile Plex -Solution may be accessed and used by other accounts associated with you -via “Family Sharing” (as defined in the Apple Media Services Terms and -Conditions) or volume purchasing.  You acknowledge that Apple has no -obligation whatsoever to furnish any maintenance and support services -with respect to the Mobile Plex Solution.  In the event of any failure -of Company’s mobile app to conform to any applicable warranty, you may -notify Apple, and Apple will refund the purchase price (if any) of the -Mobile Plex Solution to you; provided that, to the maximum extent -permitted by applicable law, Apple will have no other warranty -obligation whatsoever with respect to the Mobile Plex Solution.  Apple -is not responsible for addressing any claims by you or a third party -relating to the Mobile Plex Solution or your use of the Mobile Plex -Solution, including without limitation: (i) product liability claims; -(ii) any claim that the Mobile Plex Solution fails to conform to any -applicable legal or regulatory requirement; and (iii) claims arising -under consumer protection, privacy, or similar legislation.  In the -event of any third-party claim that the Mobile Plex Solution or your -possession and use thereof infringes a third party’s intellectual -property rights, Apple will not be responsible for any investigation, -defense, settlement, or discharge thereof.  Apple and its subsidiaries -are third-party beneficiaries of this TOS, and upon your acceptance of -this TOS, Apple will have the right (and will be deemed to have accepted -the right) to enforce this TOS against You as a third-party beneficiary -thereof. - -Feedback. Plex welcomes your feedback and suggestions about Plex’s -products or services or with respect to how to improve the Plex -Solution. By transmitting any suggestions, information, material, or -other content (collectively, “Feedback”) to Plex, you represent and -warrant that such Feedback does not infringe or violate the intellectual -property or proprietary rights of any third party (including, without -limitation, patents, copyrights, or trademark rights) and that you have -all rights necessary to convey to Plex and enable Plex to use such -Feedback. In addition, any Feedback received by Plex will be deemed to -include a royalty-free, perpetual, irrevocable, transferable, -non-exclusive right and license from you for Plex to adopt, publish, -reproduce, disseminate, transmit, distribute, copy, use, create -derivative works of, and display (in whole or in part) worldwide, or act -on such Feedback without additional approval or consideration, in any -form, media, or technology now known or later developed for the full -term of any rights that may exist therein, and you hereby waive any -claim to the contrary. - -3. SUBSCRIPTIONS & RENTALS. - -Plex currently offers access to the Plex Solution at no cost. However, -Plex may make available through fee-based subscriptions, rentals, or -other transactional offering(s), Content and functionality that is not -available in the free version of the Plex Solution. Click here[^4] for -more information on subscription offerings. All subscriptions and -rentals are subject to additional terms and conditions which are -incorporated in this TOS and can be accessed here[^5]. - -4. PRIVACY POLICY. - -Please see Plex’s Privacy Policy[^6] for a summary of how Plex collects, -uses, and shares personal data. Plex is not responsible for your use of -Interfacing Software or any data collection or related usage practices -associated with your operation or maintenance of any Interfacing -Software.  - -5. THIRD-PARTY CONTENT, WEBSITES, AND PLATFORMS. - -Third-party Content. Third-party content displayed or accessible through -the Plex Solution is protected by copyright and other intellectual -property law and belongs to the respective owner. Use of the third-party -content is subject to the terms of use of the third party providing such -content. This TOS does not grant you the right to copy, distribute, -prepare derivative works, publicly display, or otherwise use any -third-party content. You are expressly prohibited from engaging in or -facilitating the unauthorized sharing or distribution of third-party -content. - -Links to Other Sites or Applications. Plex may provide links, in its -sole discretion, to other sites or applications on the Internet, -including to the Plex Store. Such other sites are maintained by third -parties over which Plex exercises no control. These links do not imply -an endorsement with respect to any third party or any third-party web -site or the information, products, or services provided by any third -party. Plex encourages review of the applicable terms, conditions or -notices governing use of these third party sites or applications. - -Third-party Platforms and Networks. Certain features allow you to -synchronize your content across third-party platforms and networks. -These features will enhance the performance of the Plex Solution and -allow you to better integrate and harmonize the Plex Solution with -information stored on or used with third-party networks. Using this -functionality typically requires you to login to your account on the -third-party service, and you do so at your own risk. You should always -review, and if necessary, adjust your privacy settings on these networks -and platforms before linking or connecting them to the Plex Solution. -You expressly acknowledge and agree that Plex is in no way responsible -or liable for any such third-party services or features. - -Additional Terms and Conditions. Additional notices, terms, and -conditions may apply to certain subscription arrangements (including -sign-up or registration), Plex products, solutions, or services, receipt -of (or access to) certain content, participation in a particular -program, and/or to specific portions or features of the Plex Solution. -Without limitation of the foregoing, you hereby agree that (a) this TOS -operates in addition to any terms of use imposed or required by any -digital download platform from which you download the Plex Solution -(“App Provider Terms”); and (b) the terms of this TOS supplement and do -not alter or amend any such App Provider Terms. - -6. PROPRIETARY RIGHTS AND CONFIDENTIALITY.  - -Proprietary Rights. The Plex Solution is owned by Plex or its -licensor(s). Copyright 2016-2024 © Plex and/or its licensor(s). All -rights reserved. All content available through the Plex Solution, unless -otherwise indicated, is protected by copyright, trade secret, or other -intellectual property laws. PLEX, the Plex logo, and all other names, -logos, and icons identifying Plex and its solutions, products, and -services are proprietary trademarks of Plex, and any use of such marks -without the express written permission of Plex is strictly prohibited. -Please see the Plex Trademarks and Guidelines policy statement available -here[^7] for more information regarding the trademarks or service marks -of Plex. Other service, product, or company names mentioned herein may -be the trademarks and/or service marks of their respective owners. - -Confidentiality. You acknowledge and agree that the Plex Solution -contains confidential or nonpublic information that is the trade -secret(s) of Plex and/or its licensors (the “Confidential Information”). -You agree to secure and protect the confidentiality of the Confidential -Information of Plex (and/or its licensors) in a manner consistent with -the maintenance of Plex’s rights therein, using at least as great a -degree of care as you use to maintain the confidentiality of your own -confidential information of a similar nature, but in no event using less -than reasonable efforts. You shall not, nor permit any third party to, -sell, transfer, publish, disclose, or otherwise make available any -portion of the Confidential Information to third parties, except as -expressly authorized in this TOS. - -7. REPRESENTATIONS, DISCLAIMERS, LIMITATION OF LIABILITY, AND - INDEMNIFICATION.  - -Representations and Warranties. You represent and warrant that (i) the -person accepting this TOS has the legal authority to bind the named -person on the account, and (ii) he or she has the right, power, and -authority to (a) enter into this TOS, (b) make the respective and -applicable representations and warranties contained herein, and (c) -commit to and perform the respective duties, obligations, and covenants -set forth hereunder. - -Warranty Disclaimer. THE PLEX SOLUTION IS PROVIDED ON AN “AS-IS” AND “AS -AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER -INACCURACIES. PLEX MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE PLEX -SOLUTION AT ANY TIME AND FOR ANY REASON. OTHER THAN THE RIGHT TO FULFILL -ITS OBLIGATIONS UNDER THIS TOS, AND TO THE MAXIMUM EXTENT PERMITTED BY -APPLICABLE LAW, PLEX EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EITHER -EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF -INTERFERENCE WITH ENJOYMENT OF INFORMATION, SECURITY, NON-INFRINGEMENT, -MERCHANTABILITY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. MOREOVER, -YOU ACKNOWLEDGE AND AGREE THAT PLEX DOES NOT WARRANT THAT THE PLEX -SOLUTION WILL OPERATE FREE OF VIRUSES, MALWARE, OR HARMFUL PROGRAMMING -SOFTWARE (OR CODE), ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL -MEET YOUR REQUIREMENTS OR MEET ANY LEGAL, TECHNICAL, OR CERTIFICATION -STANDARD. BECAUSE THE PLEX SOLUTION IS BASED ON YOUR CONTENT AND DATA, -THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLEX SOLUTION -IS WITH YOU. IF THIS DISCLAIMER OF WARRANTY IS HELD TO BE UNENFORCEABLE -BY A COURT OF COMPETENT JURISDICTION IN ANY MANNER, THEN ALL EXPRESS -AND/OR IMPLIED WARRANTIES MANDATED BY SUCH COURT SHALL BE LIMITED IN -DURATION TO A PERIOD OF THIRTY (30) DAYS FROM THE COMMENCEMENT OF THE -INITIAL PERIOD FOR THE PLEX SOLUTION AND NO WARRANTIES SHALL APPLY AFTER -THIS THIRTY (30) DAY PERIOD. - -Limitation of Liability. YOU EXPRESSLY ABSOLVE AND RELEASE PLEX FROM ANY -CLAIM OF HARM RESULTING FROM A CAUSE BEYOND PLEX’S CONTROL, INCLUDING, -WITHOUT LIMITATION, ANY DAMAGE CAUSED BY HARDWARE, FILES, SYSTEMS, -SOFTWARE, SERVICES, OR NETWORKS OUTSIDE THE CONTROL OF PLEX. PLEX IS NOT -RESPONSIBLE OR LIABLE FOR YOUR OR ANY OTHER PERSON’S USE OF ANY -INTERFACING SOFTWARE (OUTSIDE ITS CONTROL). MOREOVER, ALL USER CONTENT -(OR OTHER DATA OR CONTENT) YOU ACCESS THROUGH THE PLEX SOLUTION IS AT -YOUR OWN RISK. IN CONNECTION THEREWITH, YOU SPECIFICALLY ACKNOWLEDGE -THAT PLEX SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND -INCURRED AS A RESULT OF YOUR USE (OR DELAY IN USE) OF OR FAILURE TO -STORE ANY DATA OR CONTENT MADE AVAILABLE THROUGH THE PLEX SOLUTION AND -SHALL NOT BE LIABLE FOR ANY USE OF ANY USER CONTENT BY OTHERS, INCLUDING -YOUR AUTHORIZED USERS. MOREOVER, IN NO EVENT SHALL PLEX BE LIABLE FOR -ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES -ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE PLEX SOLUTION -OR WITH THE DELAY OR INABILITY TO USE THE PLEX SOLUTION, EVEN IF PLEX -HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE -FOREGOING, YOUR ABILITY TO RECOVER FROM PLEX FOR BREACH OF THIS TOS, THE -PRIVACY POLICY, OR FOR ANY OTHER REASON RELATED TO OR ARISING OUT OF -YOUR USE OF THE PLEX SOLUTION SHALL BE STRICTLY LIMITED TO PAYMENT OF -EITHER AN AMOUNT NOT TO EXCEED $100 OR THE TOTAL AMOUNT ACTUALLY PAID BY -YOU TO PLEX DURING THE PAST THREE MONTHS IN CONNECTION WITH YOUR -INDIVIDUAL USE OF THE PLEX SOLUTION, WHICHEVER IS GREATER.  - -Indemnification. You agree to indemnify, defend, and hold Plex (and its -affiliated companies, contractors, employees, agents, and suppliers and -partners) harmless from any and all claims, suits, actions, liabilities, -losses, costs, damages, expenses, and any other liabilities, including, -without limitation, attorneys’ fees, arising out of or related in any -manner to your breach or alleged breach of this TOS, your Interfacing -Software, or for any violation or alleged violation of the rights -(including, without limitation, patents, copyrights, or trademark -rights) of any other person or entity by your User Content. - -8. INFORMAL DISPUTE RESOLUTION  - -This informal dispute resolution process applies to any Claim (defined -below) between you and Plex and its affiliates, regardless of whether -those Claims arose before or after your acceptance of this TOS. A -“Claim” is any dispute, cause of action, or controversy between you and -Plex arising from or in any way related to the Plex Solution, any -advertising or promotions conducted by or for Plex, or any use or -disclosure of your information or information about you, or claims -related to this TOS. Claim does not include any matter based on the -infringement of intellectual property rights. - -In the event of a Claim, you and Plex agree to attempt to avoid the -costs of formal dispute resolution by giving each party a full and fair -opportunity to address and resolve the Claim informally. The party -making the Claim must send to the other party a written notice of a -Claim, with: (a) the name, email, and contact information of the party -giving the notice; (b) detailed factual information sufficient to -understand and evaluate the Claim; and (c) the specific relief sought, -including any amount of money demanded and the method by which that -amount was determined. If you are making the Claim, the written notice -must be sent to: Plex, 1999 S. Bascom Ave., Suite 700, PMB 735, -Campbell, CA 95008, USA, Attention: Legal. If we are making the Claim, -we will send any notice to the contact information we have associated -with your Plex account. - -Within ninety (90) days beginning from the date the notice of a Claim is -received, you and we will attempt to resolve the Claim through informal -negotiation.  This informal negotiation must take place in person, or -via teleconference or videoconference (the “Discussion”). If you are -represented by counsel, your counsel may participate in the Discussion, -but you will also need to individually participate. Plex will also -participate in the Discussion through one or more representatives, which -may include our counsel. After the end of the ninety (90) day informal -negotiation period and after the completion of the Discussion, whichever -comes later, you or we may commence a proceeding regarding the Claim. -Nothing in this paragraph is intended to prohibit the parties from -engaging in informal communications to resolve the Claim before, during, -or after any Discussion. Each party agrees that a court may enter -injunctive relief to enforce the pre-filing requirements of this -paragraph. - -9. GENERAL INFORMATION - -Choice of Law and Forum. The Plex Solution is controlled and operated by -Plex from its offices within the United States. This TOS has been made -in and will be construed and enforced in accordance with the laws of the -State of Delaware as applied to agreements entered into and completely -performed in the State of Delaware. You access and use the Plex Solution -on your own volition and are responsible for compliance with all -applicable laws with respect to your access and use of the Plex -Solution. Additionally, Plex’s headquarters are located in the United -States. Please be aware that information you provide to Plex, or that -Plex obtains as a result of your use of the Plex Solution, may be -processed and transferred to the United States and be subject to United -States law. Subject to the foregoing informal dispute resolution, any -action arising from or in any way related to the Plex Solution, your use -of or access to the Plex Solution, or this TOS will be brought in the -courts presiding in the state of Delaware, and all parties to this TOS -expressly agree to be subject to the jurisdiction of such courts. You -and Plex waive trial by jury except where such waiver is prohibited by -law.  - -Export Control Compliance. You represent and warrant that you are not -(a) 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) listed on any U.S. Government list of -prohibited or restricted parties. You hereby agree that (i) you will -comply with all applicable Sanctions and Export Control Laws, (ii) you -are solely responsible for ensuring that the Plex Solution is used, -disclosed, and/or transported only in accordance with all applicable -Sanctions and Export Control Laws, and (iii) you will not re-export or -transfer the Plex Solution, in any form, directly or indirectly, to any -person or entity based in Cuba, Iran, Syria, Sudan, South Sudan, or -North Korea. - -Injunctive Relief. You acknowledge that any breach, threatened or -actual, of this TOS, including, without limitation, unauthorized use of -Plex proprietary assets, will cause irreparable injury to Plex, and such -injury would not be quantifiable in monetary damages, and Plex would not -have an adequate remedy at law. You therefore agree that Plex shall be -entitled, in addition to other available remedies, to seek and be -awarded an injunction or other appropriate equitable relief from a court -of competent jurisdiction restraining any breach, threatened or actual, -of your obligations under any provision of this TOS. Accordingly, you -hereby waive any requirement that Plex post any bond or other security -in the event any injunctive or equitable relief is sought by or awarded -to Plex to enforce any provision of this TOS. - -Term and Termination. This TOS will take effect (or re-take effect) at -the (and each) time you begin installing, accessing, or using the Plex -Solution, WHICHEVER IS EARLIEST, and is effective until terminated as -set forth below. Plex reserves the right to terminate this TOS at any -time on reasonable grounds, which shall specifically include, without -limitation, discontinuation of the Plex Solution (or related services) -as an offering of the Plex business, nonpayment, termination of account, -fraudulent or unlawful activity, or actions or omissions that violate -this TOS, subject to the survival rights of certain provisions -identified below. In addition, Plex shall have the right to take -appropriate administrative and/or legal action in the event of breach or -(alleged) criminal activity, including alerting legal authorities, as it -deems necessary in its sole discretion. You may also terminate this TOS -at any time by providing Plex with notice of cancellation, but all -applicable provisions of this TOS will survive termination, as -identified below. You may close your account by clicking here[^8]. Upon -termination and in accordance with law, your right to access and use the -Plex Solution shall cease (regardless of the subscription period) and -you must immediately destroy all copies of any aspect of the Plex -Solution in your possession. Termination shall result in deactivation or -deletion of your account with Plex. The following provisions will -survive the termination of this TOS for any reason: License (Additional -License Restrictions, Content Available Through the Plex Solution, -Restrictions); User Obligations (Permission to User Content, Enforcing -Security, Additional Terms and Conditions for Apple Users, Feedback); -Third Party Content, Websites, and Platforms (Additional Terms and -Conditions); Privacy Policy; Proprietary Rights and Confidentiality (all -sections); Representations, Disclaimers, Limitation of Liability, and -Indemnification (all sections); Informal Dispute Resolution (all -sections); General Information (Choice of Law and Forum, Injunctive -Relief, Term and Termination, Waiver & Severability, Entire Agreement -and Updates). Further, Plex shall not be responsible for any damage that -may result or arise out of termination of this TOS. - -Waiver & Severability. Failure to insist on strict performance of any of -the terms and conditions of this TOS will not operate as a waiver of any -subsequent default or failure of performance. No waiver by Plex of any -right under this TOS will be deemed to be either a waiver of any other -right or provision or a waiver of that same right or provision at any -other time. If any part of this TOS is determined to be invalid or -unenforceable pursuant to applicable law including, but not limited to, -the warranty disclaimers, venue, claim, and liability limitations set -forth above, then the invalid or unenforceable provision will be deemed -superseded by a valid, enforceable, provision that most clearly matches -the intent of the original provision and the remainder of this TOS shall -continue in effect. - -Entire Agreement and Updates. No joint venture, partnership, employment, -or agency relationship exists between you and Plex as a result of this -TOS or your utilization of the Plex Solution, and you do not have any -authority of any kind to bind Plex in any respect whatsoever. This TOS -represents the entire agreement between you and Plex with respect to -your individual use of the Plex Solution. This TOS is not assignable, -transferable, or sub-licensable by you except with Plex’s prior written -consent. Plex may transfer, assign, or delegate this TOS and its rights -and obligations without consent. Please note that Plex reserves the -right to change the terms and conditions of this TOS and the terms and -conditions under which the Plex Solution and its offerings are extended -to you by posting online a revised TOS or e-mailing notice thereof to -you. In addition, Plex may add, modify, or delete any aspect, program, -functionality, or feature of the Plex Solution. Your continued use of -the Plex Solution following any addition, modification, or deletion will -be conclusively deemed acceptance of any change to the terms and -conditions of this TOS. Accordingly, please review this TOS found at -this location on a periodic basis. - -Notices. Any communication(s) or notice (and any related materials or -information) to be sent pursuant to this TOS shall be in the English -language and shall be deemed provided: (a) to the email address -designated by you; or (b) by posting to the Plex Solution. For notices -made by e-mail, the date of receipt will be deemed the date on which -such notice is transmitted. You further agree that any notices, -agreements, disclosures, or other communications that Plex sends you -electronically (using the contact information you provide through the -Plex Solution) will satisfy any legal communication requirements. - -Contact. If you have questions regarding the Plex Solution or if you are -interested in obtaining more information concerning Plex or its -products, services, or solutions, please contact Plex[^9]. - -[^1]: https://www.plex.tv/ -[^2]: https://www.plex.tv/contact/ -[^3]: https://www.plex.tv/plex-pass/ -[^4]: https://www.plex.tv/plex-pass/ -[^5]: https://www.plex.tv/about/privacy-legal/subscriptions-and-billing/ -[^6]: https://www.plex.tv/about/privacy-legal/ -[^7]: https://www.plex.tv/about/privacy-legal/plex-trademarks-and-guidelines/ -[^8]: https://www.plex.tv/users/edit/ -[^9]: https://www.plex.tv/contact/