Terms Privacy Sales Returns EULA General
ATTENTION: PLEASE READ THESE TERMS CAREFULLY
BEFORE USING THIS WEBSITE. BY USING THE SITE, YOU AGREE TO THESE TERMS OF
USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Streaming Networks may revise these Terms at any time by updating this
posting. It is your responsibility to check these Terms of Use periodically
for changes. Your continued use of the Site following the posting of changes
will mean that you accept and agree to the changes.
Ownership of Site
These Terms of Use apply to the iRecord web Site located at www.iRecord.com,
and all associated sites linked to www.iRecord.com by Streaming Networks,
its subsidiaries and affiliates (collectively, the “Site”). The Site is the
property of Streaming Networks Inc. (“Streaming Networks”).
Content and Use of the Site
All text, graphics, user interfaces, visual interfaces, photographs,
trademarks, logos, sounds, music, artwork and computer code (collectively,
“Content”), including but not limited to the design, structure, selection,
coordination, expression, ‘look and feel’ and arrangement of such Content,
contained on the Site is owned, controlled or licensed by or to Streaming
Networks, and is protected by trade dress, copyright, patent and trademark
laws, and various other intellectual property rights and unfair competition
laws.
Except as expressly provided in these Terms of Use, no part of the Site and
no Content may be copied, reproduced, republished, uploaded, posted,
publicly displayed, encoded, translated, transmitted or distributed in any
way to any other computer, server, Web site or other medium for publication
or distribution or for any commercial enterprise, without Streaming
Networks’ express prior written consent.
You may use information on our products and services purposely made
available by Streaming Networks for downloading from the Site, provided that
you (1) not remove any proprietary notice language in all copies of such
documents, (2) use such information only for your personal, non-commercial
informational purpose and do not copy or post such information on any
networked computer or broadcast it in any media, (3) make no modifications
to any such information, and (4) not make any additional representations or
warranties relating to such documents.
Links to Other Sites and to the Streaming Networks Site
This Site may contain links to other independent third-party Web sites
(“Linked Sites”). These Linked Sites are provided solely as a convenience to
our visitors. Such Linked Sites are not under Streaming Networks’ control,
and we are not responsible for and does not endorse the content of such
Linked Sites, including any information or materials contained on such
Linked Sites. You will need to make your own independent judgment regarding
your interaction with these Linked Sites.
Disclaimers
THE MATERIALS (INCLUDING ALL Software) AND SERVICES AT THIS SITE ARE
PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF
INTELLECTUAL PROPERTY. All information on this Site is subject to change
without notice. The materials at this Site might be out of date and
Streaming Networks makes no commitment to update the materials and services
at this Site. Applicable law may not allow the exclusion of implied
warranties, so this exclusion may not apply to you.
Limitation of Liability
Except where prohibited by law, in no event will Streaming Networks be
liable to you for any indirect, consequential, exemplary, incidental or
punitive damages, including lost profits, even if Streaming Networks has
been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, Streaming
Networks is found to be liable to you for any damage or loss which arises
out of or is in any way connected with your use of the Site or any Content,
Streaming Networks’ liability shall in no event exceed US$40.00. Some
jurisdictions do not allow limitations of liability, so the foregoing
limitation may not apply to you.
Indemnity
You agree to indemnify and hold Streaming Networks, its owners, members,
managers, predecessors, successors in interest, employees, agents,
subsidiaries and affiliates, harmless from any demands, loss, liability,
claims or expenses (including attorneys’ fees), made against Streaming
Networks by any third party due to or arising out of or in connection with
your use of the Site.
Applicable Law and Jurisdiction
You agree that all matters relating to your access to or use of the Site,
including all disputes, will be governed by the laws of the United States
and by the laws of the State of California without regard to its conflicts
of laws provisions. You agree to the personal jurisdiction by and venue in
the state and federal courts in Santa Clara County, California, and waive
any objection to such jurisdiction or venue. Any claim under these Terms of
Use must be brought within one (1) year after the cause of action arises, or
such claim or cause of action is barred. No recovery may be sought or
received for damages other than out-of-pocket expenses, except that the
prevailing party will be entitled to costs and attorneys’ fees. In the event
of any controversy or dispute between Streaming Networks and you arising out
of or in connection with your use of the Site, the parties shall attempt,
promptly and in good faith, to resolve any such dispute. If we are unable to
resolve any such dispute within a reasonable time (not to exceed thirty (30)
days), then either party may submit such controversy or dispute to
mediation. If the dispute cannot be resolved through mediation, then the
parties shall be free to pursue any right or remedy available to them under
applicable law.
Void Where Prohibited
Streaming Networks administers and operates the www.Streaming-Networks.com
Site from its location in Santa Clara, California USA; although the Site is
accessible worldwide, not all features, products or services discussed,
referenced, provided or offered through or on the Site are available to all
persons or in all geographic locations, or appropriate or available for use
outside the United States. Streaming Networks reserves the right to limit,
in its sole discretion, the provision and quantity of any feature, product
or service to any person or geographic area. Any offer for any feature,
product or service made on the Site is void where prohibited. If you choose
to access the Site from outside the United States, you do so on your own
initiative and you are solely responsible for complying with applicable
local laws.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation
of such Content, or any product or service offered on the Site, in violation
of any applicable laws or regulations.
If any of the provisions of these Terms of Use are held by a court or other
tribunal of competent jurisdiction to be void or unenforceable, such
provisions shall be limited or eliminated to the minimum extent necessary
and replaced with a valid provision that best embodies the intent of these
Terms of Use, so that these Terms of Use shall remain in full force and
effect. These Terms of Use constitute the entire agreement between you and
Streaming Networks with regard to your use of the Site, and any and all
other written or oral agreements or understandings previously existing
between you and Streaming Networks with respect to such use are hereby
superseded and cancelled. Streaming Networks will not accept any
counter-offers to these Terms of Use, and all such offers are hereby
categorically rejected. Streaming Networks’ failure to insist on or enforce
strict performance of these Terms of Use shall not be construed as a waiver
by Streaming Networks of any provision or any right it has to enforce these
Terms of Use, nor shall any course of conduct between Streaming Networks and
you or any other party be deemed to modify any provision of these Terms of
Use. These Terms of Use shall not be interpreted or construed to confer any
rights or remedies on any third parties.
Last updated: October 10, 2007
Streaming Networks respects
your privacy and is committed to protecting the personal information that
you decide to share with us when you visit our web site. The purpose of this
policy statement is to explain the type of information that we collect from
visitors to our website, how we collect it, what we use it for and how
visitors can restrict the use or disclosure of personally identifiable
information.
Information that we collect
We only obtain personal information that you voluntarily and knowingly
provide. This means that you can visit our website without telling us who
you are or revealing any information about yourself. To measure the
performance of and continually improve our website, we do, however, collect
some generic information about our visitors. This information may include:
your IP address, browser type, operating system, domain name, access times
and referring Web site addresses. We aggregate this information and use it
for the operation of the website, to improve quality and performance of the
website and to provide general statistics regarding use of iRecord.com.
We may collect personally identifiable information through this website and
Streaming Networks is the sole owner of such information. Personal
information includes any information that may be used to identify you,
including, but not limited to, a first and last name, email address, a home,
postal or other physical address, birth date, gender, occupation,
demographic data, industry, personal interests and potentially other
information when needed to provide a product or service you request. You may
choose to provide personal information to us in a variety of ways through
our website, including:
• Registering to receive news or information about our products;
• Placing an order for a product;
• Registering a Streaming Networks product that you have purchased;
• Sending us email; or
• Submitting a support request.
In each of the instances above, we may ask for some or all of the personal
information described above. When personal information is collected, we will
inform you at the point of collection the purpose(s) for which it is to be
used. If we ever ask for significantly different information we will inform
you. In addition, we will clearly identify personal information that is
required versus optional information.
Information Use, Sharing and Disclosure
When visitors supply information about themselves for a specific purpose, we
use the information for that purpose (such as to provide the information the
visitor has requested). When visitors use our website to order products, or
to request information about them, we may use the individual information as
we would use the same information obtained off-line - for example, to
evaluate your needs and contact you regarding additional products,
information or services that we believe you may find useful. You have the
right to choose not to receive this information by notifying us of your
preference.
We do not sell individual information obtained on-line about our visitors.
And, we will not disclose the personal information you provide to us via the
website to parties unaffiliated with Streaming Networks unless you
specifically authorize it, we believe it is reasonably required by law or we
believe that disclosure is reasonably required to protect the safety of
customers, employees or property.
Streaming Networks uses a variety of third party contractors to perform
services such as website management and hosting, online product purchases
and shipping, credit card processing and email marketing. In such instances,
your personal information may be shared with these agents or contractors but
only for the purpose of performing services on behalf of Streaming Networks
and in accordance with this privacy policy. In addition, if Streaming
Networks gets acquired by another company, your personal information will,
in most instances, be part of the assets transferred to the successor
company.
We will always give you the opportunity to "opt out" of receiving direct
marketing or market research information. This means we assume you have
given us your consent to collect and use your information in accordance with
this policy unless you take affirmative action to indicate that you do not
consent, for instance by clicking or checking the appropriate option or box
at the point of collection. In some cases, when applicable, we will provide
you with the opportunity to "opt in." This means we will require your
affirmative action to indicate your consent before we use your information
for purposes other than the purpose for which it was submitted.
Security
Streaming Networks uses a variety of security technologies and procedures to
help protect your personal information from unauthorized access, use or
disclosure. For example, we store the personal information you provide in
computer servers with limited access that are located in controlled
facilities. When we transmit sensitive information (such as a credit card
number) over the internet, we protect it through the use of encryption, such
as the Secure Socket Layer (SSL) protocol. If at any time you would like to
make a purchase, but do not want to provide your credit card information
online, you may contact a Streaming Networks sales representative over the
telephone. We require our employees to protect the privacy of information
about our customers and expect our partners and suppliers to do so as well.
Cookies and Tracking Technology
A cookie is a small data file that some Web sites write to your computer
hard drive when you visit the site. We use both session ID cookies and
persistent cookies. For the session ID cookie, once a visitor closes the
browser, the cookie simply terminates. A persistent cookie is a small text
file stored on the user's hard drive for an extended period of time.
Persistent cookies can be removed by following Internet browser help file
directions. A cookie file can contain information such as a user ID that the
site uses to track the pages you've visited, but the only personal
information a cookie can contain is information you supply yourself. Some
parts of Streaming Networks' website use cookies to track user traffic
patterns. We do this to determine the usefulness of our website information
to our users and to see how effective our navigational structure is in
helping users reach that information. In addition, we use cookies as
necessary to perform functions specific to a visitor, such as purchasing a
Streaming Networks product or submitting a support request.
If you prefer not to receive cookies while browsing our website, you can set
your browser to warn you before accepting cookies and refuse the cookie when
your browser alerts you that a cookie is present. You can also refuse all
cookies by turning them off in your browser, although you will not be able
to take full advantage of Streaming Networks' website if you do so. In
particular, you will be required to accept cookies in order to complete
certain actions on our website, such as ordering a product or submitting a
support request.
Email
Streaming Networks does not send unsolicited junk email (spam). We may use
email to communicate with our visitors, to respond to visitors' emails, to
confirm orders placed online, and to send information that a visitor has
requested. If you receive an unwanted email from us, you can reply to the
email to ask not to receive future emails. Streaming Networks provides an
unsubscribe function in its email campaigns in order for subscribers to opt
out of further email communications from us.
Third Party Sites
Streaming Networks' website may contain links to other websites that are
operated by third parties. Streaming Networks does not share your personal
information with those websites, nor are we responsible for their privacy
practices. We encourage you to learn about the privacy policies of those
companies.
Updating your information
If you have previously provided us with personal information, you may
access, correct, and update information by visiting our site and utilizing
our support application. The Support area of the site contains links by
which users can send in informational updates and corrections.
Notice of changes to this policy
Streaming Networks will update this privacy policy statement from time to
time. When we do, we will revise the "last updated" date at the bottom of
this page.
Contacting us
For inquiries regarding our privacy policy, email
info@iRecord.com.
Last updated: December 4, 2007
U.S. Dollars Only
The iRecord Store sells and ships
products to most countries. All products are priced in U.S. Dollars, a
conversion will be made automatically by your credit card company during
checkout. You may not export or resell any products purchased at the iRecord
Store.
Sales to End Users Only
The iRecord Store sells and ships products to end user customers only. You
may not purchase for resale. We reserve the right to refuse or cancel your order
if we suspects you are purchasing for resale.
Proof of
Purchase
We will
send you a confirmation of your order via email if you have included an
email address with your order. If you have not included an email address,
you will receive a confirmation of your order by regular mail when your
order is shipped.
Sales Tax
In
addition to the price of your purchases, We will charge you sales tax on all
order shipped to California at sales tax rate in effect at the time your
order is placed. If the sales tax rate changes before the product is
shipped, the rate in effect at the time your order was received in system will apply. The proof of purchase that we mail to you will include
any applicable sales tax.
Shipping
Options
We offer
four convenient shipping options.
• UPS Ground
• UPS 3 Day Select®
• UPS 2 Day Air®
• UPS Next Day Air® Remember
that these estimates are for time in transit only, and that they do not
apply until the product leaves our facilities. As the delivery of your order
is beyond our control once your order leaves our facilities, we cannot
assume liability for late deliveries, regardless of the delivery method you
specify.
For international customers it's their liability for any local taxes, VAT,
freight surcharges etc.
Signature
is required for delivery: Most of our shipments contain valuable equipment.
If you will not be at the shipping address to accept delivery of your
product, consider shipping the item to an address where someone you trust
will be available to sign for your package. Please note that we are not able
to adjust the shipping address once a package has left our warehouse. Title
and risk of loss to all products will pass to you on delivery. Please note
that, if you are willing to assume the risks of delivering your order
without a signature, you may authorize us to arrange for a delivery that
does not require anyone to be at the delivery address.
Undeliverable Packages: Occasionally packages are returned to us as
undeliverable. When the carrier returns an undeliverable package to us,
please contact us to make arrangements for reshipment.
Failed
Delivery Attempts: Most of our carriers make three attempts to deliver a
package. After three delivery attempts, the carrier will return the package
to us.
Order
Processing
The
estimated shipment date on your order is based on product availability,
payment processing time, and warehouse processing time and does not include
transit time. We do not begin payment processing until we receive all the
information that we need and full payment or a full authorization, in the
case of credit card.
Streaming
Networks will begin payment processing for orders placed on weekends or
holidays on the next business day. Business days are Monday through Friday,
excluding federal holidays.
Your
order for in-stock items that are eligible for same-day shipping must be
received before 2:00 p.m. Pacific Time, pending payment processing, for
there to be adequate remaining time in the day for your order to be
dispatched.
Prices
The
iRecord Store endeavors to offer you competitive prices on current iRecord
products. Your total order price will include the price of the product on
the day of shipping plus any applicable sales tax and shipping charges. We
reserve the right to change prices for products displayed at the iRecord
Store at any time and particularly to correct pricing errors that appear on
the Store.
Product
Availability
We make
every effort to ship your product according to the estimated lead times
provided by the iRecord Store at checkout. The estimated lead times are in
business days (Monday through Friday, excluding federal holidays). Lead
times quoted on the checkout page are for orders that are partially shipped,
meaning that items ship as soon as they are available. If you have requested
a complete shipment, please add three to four additional days for
transportation and order consolidation processing. Although we make every
effort to ship your order according to the lead-time provided, shipping
dates may change due to changes in supply. If the lead-time changes, we will
contact you via email and provide a revised shipping estimate.
We make
every effort to supply you with the products you order, but there may be
occasions when we confirm orders, but learns that we cannot supply the
ordered products, either at all or in the quantities ordered. In these
circumstances, we will contact you to inform you and, if you are interested,
Streaming Networks may suggest alternative products that might meet your
needs. If you do not wish to order alternative products, we will cancel your
order for products we cannot supply and for any other products that you no
longer wish to order as a result, and will refund your purchase price for
those products.
Other
Terms and Conditions
• Streaming Networks
is not responsible for typographical errors. We reserve the right to cancel
any order you have placed if there was a typographical error on the iRecord
Store concerning the pricing or availability of any item you ordered when
you placed the order.
• Streaming Networks
reserves the right to change the terms and conditions of sale at the
Streaming Networks Store at any time.
• We may make changes
to any products or services offered at the iRecord Store, or to the
applicable prices for any such products or services, at any time, without
notice. The information provided at the iRecord Store with respect to
products and services may be out of date, and we make no commitment to
update the information provided at the iRecord Store with respect to such
products and services.
• We reserve the
right to do any of the following, at any time, without notice: (1) to
modify, suspend or terminate operation of or access to the iRecord Store for
any reason; (2) to modify or change the iRecord Store, and any applicable
policies or terms; and (3) to interrupt the operation of the iRecord Store
as necessary to perform maintenance, error correction, or other changes.
• To the extent
permitted by law, all sales at the Streaming Networks Store are governed by
California law, without giving effect to its conflict of law provisions.
• If any of the
aforementioned policies are held by a court or other tribunal of competent
jurisdiction to be void or unenforceable, such policy shall be limited or
eliminated to the minimum extent necessary and replaced with a valid
provision that best embodies the intent of the policy, so that the policies
shall remain in full force and effect.
• Streaming Networks’
failure to insist on or enforce strict performance of these policies shall
not be construed as a waiver by Streaming Networks of any provision or any
right it has to enforce these policies, nor shall any course of conduct
between Streaming Networks and you or any other party be deemed to modify
any provision of these policies.
• These policies
shall not be interpreted or construed to confer any rights or remedies on
any third parties.
Last updated: April 14, 2008
Returns, Replacements and
Refunds
Products purchased directly from Streaming Networks (either via phone or the
iRecord Store) may be returned under following circumstances:
1. Warranty, within 1 year of the date of original shipment for a defect.
The following information governs returns of products purchased directly
from Streaming Networks. Products purchased via an authorized Streaming
Networks dealer must be returned to such dealer, who in turn deals directly
with Streaming Networks for returns, replacements and/or refunds. Please
contact your authorized dealer for its policy on returns and replacements.
Warranty Returns
If you discover what you believe is a product defect in any Streaming
Networks product, please contact Streaming Networks Technical Support. Our
support personnel are available during support hours to assist you in
diagnosing and fixing any problems you may encounter in the use of your
Streaming Networks product. In the event we cannot help you fix the problem
over the phone, you may be entitled to a replacement product under the terms
of Streaming Networks’ limited warranty. Replacement products may include
refurbished Streaming Networks products that have been recertified to
conform to product specifications.
Warranty Coverage and Exclusions
The Streaming Networks limited warranty covers defects in materials and
workmanship in every Streaming Networks product you purchase during the
applicable warranty period, subject to certain exceptions. Streaming
Networks' warranty period is one year from the date we ship the applicable
Streaming Networks product to you, as determined by the date on the packing
slip or invoice. The warranty period is not extended if we repair or replace
a warranted product. Streaming Networks may change the availability of
limited warranties, at our discretion, but any changes we make will not be
applied retroactively. For more detailed information related to the limited
warranty, please refer to the license agreement in the supporting
documentation that came with your product. Please note that we do not
provide warranty coverage for:
• Problems that result from external causes such as accident, abuse or
misuse;
• Usage that is not in accordance with Streaming Networks' product
instructions;
• Products that are used for commercial purposes;
• Products with missing or altered serial numbers;
• Products which have had their housings opened or otherwise tampered with;
• Products which have been used with unauthorized or modified software; or
• Problems caused by using third party accessories, parts, or components.
STREAMING NETWORKS DOES NOT WARRANT THAT ITS PRODUCTS WILL OPERATE WITHOUT
INTERRUPTION OR WILL BE ERROR-FREE, OR THAT ALL ERRORS MAY BE CORRECTED.
STREAMING NETWORKS' SOLE LIABILITY, AND YOUR SOLE REMEDY, FOR BREACH OF THE
LIMITED WARRANTY WILL BE REPAIR OR REPLACEMENT OF THE APPLICABLE PRODUCT,
OR, IF NEITHER OF THE FOREGOING ARE REASONABLY AVAILABLE, A REFUND OF THE
AMOUNT YOU PAID, LESS AMOUNTS ATTRIBUTABLE TO YOUR PRIOR USE.
EXCEPT AS EXPRESSLY SET FORTH IN THE LICENSE AGREEMENT, STREAMING NETWORKS
MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH
RESPECT TO ITS PRODUCTS. STREAMING NETWORKS AND ITS SUPPLIERS HEREBY
SPECIFICALLY DISCLAIM ALL OTHER EXPRESS, STATUTORY AND IMPLIED WARRANTIES
AND CONDITIONS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITION OF
SATISFACTORY QUALITY. EXCEPT AS EXPRESSLY STATED IN THE LICENSE AGREEMENT,
PRODUCTS ARE SUPPLIED ON AN "AS IS" BASIS WITHOUT WARRANTY. YOU ASSUME ALL
RESPONSIBILITIES FOR SELECTION OF A PRODUCT TO ACHIEVE YOUR INTENDED
RESULTS, AND FOR THE INSTALLATION AND USE OF THE PRODUCT. SOME JURISDICTIONS
DO NOT ALLOW A LIMITATION ON IMPLIED WARRANTIES, AND SO THE FOREGOING
DISCLAIMER MAY NOT APPLY TO YOU. IN ANY EVENT, ANY IMPLIED WARRANTIES THAT
MAY EXIST UNDER THE LAWS OF YOUR JURISDICTION ARE LIMITED TO THE ONE (1)
YEAR PERIOD SET FORTH IN THE LIMITED WARRANTY.
Instructions for Warranty Returns:
1. Request an RMA
If in the diagnosis of reported performance issues with your Streaming
Networks product(s) our technical support personnel determine that your
product(s) qualifies for a Warranty Return, a Return Merchandise
Authorization (RMA) request will be initiated and a unique RMA number will
be sent to you via email. Every limited warranty return must have an
associated (RMA) number.
2. Use the Original Streaming Networks Boxes
All products must be returned in the original packaging with all contents
included. Please ensure that any previous shipping labels or other markings
have been removed or covered completely. Please note that failure to return
all items included with your product, or returning the product without the
manufacturer packaging may result in the product(s) being shipped back to
you at your own expense.
3. Ship the Product(s) to Us
It is the sender's responsibility to retain a copy of the shipping label
with the applicable tracking number signed by an agent of the carrier as
proof that the possession of the returned product shipment was transferred
to the carrier. You have 14 days from the date of RMA request to return your
original product. The address for Streaming Networks Warranty Returns is:
Streaming Networks Warranty Returns
Attn: RMA # (please include your RMA # here)
1765 Scott Blvd
Santa Clara, CA 95050-4138
4. Email Your Return Shipment Tracking Number to support@iRecord.com
Please include "Shipment Notification: RMA# (please include your RMA# here)"
in the email subject line and the returns shipment tracking number and the
time of pick-up in the email body.
5. Receive your Replacement If your product(s) qualifies for advance
replacement, your replacement product(s) will ship within 24-48hrs hours of
RMA request, excluding weekends and holidays and, the shipment of your
returned product is not required until your replacement product(s) has been
received.
If your product(s) does not qualify for advance replacement, your product(s)
will ship upon receipt and inspection of your original product(s) and, we
may require a valid credit card number to ship your replacement product(s).
As part of our returns process, you will receive an email notifying you that
your replacement order has been placed and another email notifying you that
your product has shipped.
You will not be charged for the replacement product as long as (i) you
return the original product to us within 14 days after issuance of the RMA
or 14 days after the shipment date of your replacement order, if your
product(s) qualifies for Advanced Replacement, and (ii) the problem you
reported with the product(s) proves to be covered by the terms of the
limited warranty.
If we do not receive the original product(s) within 14 days, or if we
determine that the problem with your product(s) is not covered by the
limited warranty, we will charge the then-current standard price for the
applicable product(s) to your credit card or the original form of payment
used at the time you placed your original order.
Transfer of Limited Warranty
Limited warranties on Streaming Networks products may be transferred during
the warranty period if the current owner transfers ownership of the products
and records the transfer with us. The products must be registered by both
the previous and new owner in order to effect the transfer of limited
warranty.
Problems Outside of Warranty Coverage
If we determine that the problem is not covered under the limited warranty,
we will notify you and inform you of service or replacement alternatives
that are available to you on a fee basis.
For inquiries regarding our return policy please contact us.
Last updated: December 4, 2007
THIS SOFTWARE LICENSE
AGREEMENT ("LICENSE") IS A LEGAL AGREEMENT BETWEEN YOU AND STREAMING
NETWORKS, INC., A DELAWARE CORPORATION. PLEASE READ IT CAREFULLY BEFORE
USING THE STREAMING NETWORKS SOFTWARE (“SOFTWARE”) INCLUDED HEREWITH. BY
USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS
OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THE
LICENSE, DO NOT USE THE PRODUCT. THE SOFTWARE CAN BE IN READ ONLY MEMORY, ON
DISK OR ANY OTHER MEDIA OR IN ANY OTHER FORM. THIS SOFTWARE IS LICENSED, NOT
SOLD
1. License Grant
Subject to the terms and conditions as well as the restrictions and
exceptions of this agreement, Streaming Networks, hereby grants you a
nonexclusive, non-distributable, non-sublicensable, royalty-free, limited
right and license to use the Software in personal capacity only. You will
use the Software only in accordance with the applicable user documentation
included herewith and incorporated herein by reference.
2. Limitation on Use
This Software is intended for personal use only. It is licensed for
recording only non-copyrighted materials, and materials that you own or are
permitted to record or reproduce legally. In some jurisdictions, it is
unlawful to make digital copies without prior permission from the owner. You
may not rent or lease the Software. You may not make the Software available
over a network or the Internet. You may not make copies of the Software,
except for one copy for backup purposes only. You may not copy, reverse
engineer, decompile, disassemble or modify any portion of the Software or
create any derivative work of the Software or otherwise attempt to
reconstruct or discover any source code, underlying ideas, algorithms, file
formats or programming interfaces of the Software. You shall not remove any
product identification, copyright or other notices from the Software or
associated documentation.
3. Ownership
No right or license shall be implied by estoppels or otherwise, other than
the limited license rights granted to you in Section 1 herein. All ownership
rights, title and interest in the Software and associated documentation and
all copies and portions thereof are and shall remain with Streaming
Networks. Streaming Networks claims and reserves to itself all rights and
benefits in the Software and related documentation afforded under United
States patent and copyright laws and all international conventions and all
other US and international intellectual property laws. The rights granted to
you are limited to Streaming Networks’ and its licensor's patents and
intellectual property rights in the Software and do not include any other
patents or intellectual property rights. Title and intellectual property
rights in and to any content recorded through the Software belongs to the
content owner. Such content may be protected by copyright or other
intellectual property laws and may be subject to terms of use of the third
party providing such content. This License does not grant you any rights to
use such content.
4. Limited Warranty
STREAMING NETWORKS WARRANTS THAT FOR A PERIOD OF NINETY (90) DAYS FROM THE
ORIGINAL DATE OF PURCHASE, THE MEDIA ON WHICH SOFTWARE IS FURNISHED WILL BE
FREE OF DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE. YOUR
EXCLUSIVE REMEDY AND STREAMING NETWORKS’ ENTIRE LIABILITY UNDER THIS LIMITED
WARRANTY, UNDER STREAMING NETWORKS’ OPTION, WILL BE THE REPLACEMENT OF THE
SOFTWARE ON MEDIA AS IT WAS PURCHASED. EXCEPT FOR THE ABOVE, THE SOFTWARE IS
LICENSED “AS IS” WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIED. THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH MAY
VARY FROM JURISDICTION TO JURISDICTION.
5. Disclaimer of Warranty
EXCEPT FOR THE LIMITED WARRANTY OF SECTION 5 ABOVE, ALL EXPRESS OR IMPLIED,
OR STATUTORY CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY
IMPLIED WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR
MERCHANTABILITY ARE DISCLAIMED. NO ORAL OR WRITTEN ADVICE OR INFORMATION
PROVIDED BY STREAMING NETWORKS SHALL CREATE ANY WARRANTY. THE USE OF THE
SOFTWARE IS AT YOUR OWN RISK INCLUDING SATISFACTION OF QUALITY, PERFORMANCE,
ENJOYMENT AND ACCURACY. STREAMING NETWORKS DOES NOT WARRANT THAT THE
FEATURES CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE
OPERATION OF THE SOFTWARE WILL BE WITHOUT FAULTS OR THAT ANY DEFECTS, ERRORS
WILL BE CORRECTED. IN CASE OF ANY DEFECTS IN THE SOFTWARE YOU ASSUME ALL THE
COST OF NECESSARY SERVICE, REPAIR OR CORRECTION. THIS WARRANTY IS NOT
APPLICABLE TO: (1) PROBLEMS THAT RESULT FROM EXTERNAL CAUSES SUCH AS
ACCIDENT, ABUSE OR MISUSE; (2) USAGE THAT IS NOT IN ACCORDANCE WITH
STREAMING NETWORKS' PRODUCT INSTRUCTIONS; (3) PRODUCTS THAT ARE USED FOR
COMMERCIAL PURPOSES; (4) PRODUCTS WITH MISSING OR ALTERED SERIAL NUMBERS;
(5) PRODUCTS WHICH HAVE HAD THEIR HOUSINGS OPENED OR OTHERWISE TAMPERED
WITH; (6) PRODUCTS WHICH HAVE BEEN USED WITH UNAUTHORIZED OR MODIFIED
SOFTWARE; OR (7) PROBLEMS CAUSED BY USING THIRD PARTY ACCESSORIES, PARTS, OR
COMPONENTS. THE FOREGOING STATES THE ENTIRE LIABILITY OF STREAMING NETWORKS
WITH RESPECT TO WARRANTY AND INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS BY
ANY Software DELIVERED UNDER THIS AGREEMENT. PROOF OF PURCHASE WHICH IS
EVIDENCE THAT THE PRODUCT IS WITHIN THE WARRANTY PERIOD HAS TO BE PRESENTED
TO OBTAIN WARRANTY SERVICE. REPAIR OR REPLACEMENT AS PROVIDED UNDER THIS
WARRANTY IS THE EXCLUSIVE REMEDY OF THE PURCHASER. STREAMING NETWORKS
SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. IN NO EVENT SHALL STREAMING NETWORKS BE LIABLE FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY ON THIS
PRODUCT. THIS LIMITED WARRANTY DOES NOT COVER ACCESSORIES SUCH AS POWER
ADAPTERS, ANY CABLES NOR IT COVERS DAMAGES RESULTING FROM FIRMWARE UPGRADES.
6. Limitation of Liability
In no event will Streaming Networks or its licensors be liable for any
indirect, incidental, special, consequential or punitive damages whatsoever,
in connection with or arising out of this license, including loss of data,
business interruption or other economic advantage, no matter what theory of
liability, even if Streaming Networks is advised of the possibility of such
damages. In no event will Streaming Networks’ liability to you, whether in
contract, tort (including negligence), or otherwise, exceed US $40 (forty US Dollars). The foregoing limitations will apply even if the above
stated warranty fails of its essential purpose. Some states do not allow the
exclusion of incidental or consequential damages, so some of the terms above
may not be applicable to you.
7. Termination
This License agreement will remain in force until terminated. Your rights
under this License will terminate automatically without notice from
Streaming Networks if you fail to adhere to any terms and conditions of this
License. In the event of termination of this License you must immediately
cease use of the Software and destroy or return to Streaming Networks all
copies of the Software within 30 days.
8. Export Control
You may not use or otherwise export or re-export the Software except as
authorized by United States law and the laws of the jurisdiction in which
the Software was obtained.
9. MP3 and AAC
Notice to the extent that the Software contains MP3 and AAC audio encoding
functionality, commercial use of MP3 or AAC requires additional licensing
and the following provisions applies: The MP3 and AAC feature in this
product is licensed herein only for noncommercial personal use to encode
audio in compliance with the MP3 and AAC standard.
10. H.264/AVC
Notice to the extent that the Software contains H.264/AVC encoding
functionality, commercial use of H.264/AVC requires additional licensing and
the following provisions applies: The H.264/AVC feature in this product is
licensed herein only for non-commercial personal use to encode video in
compliance with the H.264/AVC standard.
11. Software Upgrades
Licensee of this Software does not receive the right to receive any Software
upgrades that Streaming Networks may periodically make available. A user may
purchase the Software upgrades by paying a separate published fee to
Streaming Networks.
12. Governing Law
This Agreement shall be governed by and construed in accordance with the
laws of the state of California, United States excluding its choice of law
provisions. In the event that any provision of this Agreement shall be held
unenforceable or invalid under any applicable law, such unenforceability or
invalidity shall not render this Agreement unenforceable or invalid as a
whole.
13. Compliance with Laws
You agree not to use the Software in any way that violates, plagiarizes or
infringes upon the rights (including intellectual property rights,
copyright, patent, trademark or privacy rights) of any third parties or that
would be abusive, profane, obscene, indecent, threatening, defaming,
slanderous, libelous or offensive or otherwise illegal. You agree not to
solicit the performance of any activity that is prohibited by law. You agree
to comply with applicable laws, rules and regulations in connections with
this Agreement.
14. Confidentiality. You agree that the SOFTWARE and all inventions,
algorithms, know-how and ideas that are related to or derived from the
SOFTWARE you obtained from SN and all other business and technical
information you obtained from SN are the confidential property of SN. You
agree to hold such information in confidence and not to disclose such
information to any third party without SN's prior written consent.
Last updated: April 14, 2008
Copyright
Notice
By law
copyrighted audio and video may not be used for any purposes other than
non-commercial personal enjoyment without the permission from the copyright
holder. It is illegal to record from DVDs or other copyrighted works that
you do not own. Please do not duplicate copyrighted works if you do not own
the original. Copyright laws vary from country to country, you should check
your country's copyright laws before recording any copyrighted works.
Trademarks
Streaming
Networks, the Streaming Networks logo, iRecord®, and the iRecord® logo are
trademarks or registered trademarks of Streaming Networks Corporation or its
affiliates. Apple, iPod, iTunes, QuickTime, and Mac are trademarks or
registered trademarks of Apple Inc.; Windows is trademark or registered mark
of Microsoft Corporation; Sony, PSP, Walkman and Memory Stick are trademarks
or registered trademarks of Sony Corporation or its affiliates; and TiVo is
a registered trademark of TiVo Inc. Blackberry is a registered trademark of
Research In Motion Limited. Samsung Galaxy S3, Note, Note II are registered
trademark of Samsung. All other company and product names
referenced on this site are the trademarks of the respective owners.
Copyright© 2000-2013 Streaming Networks, Inc. All Rights Reserved. Patents
Pending.
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