Please review the terms of Nanyang Technological University (“NTU”)’s Licence below before downloading or using the GPSFilm Player source code (“GPSFilm Code”).
By clicking “Accept” below, you represent and warrant to NTU that you accept all the terms of the Licence, and:
(i) you the Licensee are 21 years or older; or
(ii) you are the parent or guardian of the Licensee who is a minor, and you accept all the terms of the Licence on the Licensee’s behalf.
If you do not accept all the terms of the Licence Agreement, you must click “Cancel” and not install or use the GPSFilm Code. Clicking “Cancel” will stop the installation process.
Term of Use Version 1.0
By downloading and/or using the GPSFilm Code, you signify that you have read, understand and agree to be bound by these terms of use contained in this document.
| 1. | Licence | |
| 1.1 | NTU hereby grants you the Licensee a personal non-exclusive licence to use the GPSFilm Player source code and the accompanying documentation, and any object code which may be compiled, generated or derived from the GPSFilm Player source code (collectively “GPSFilm Code”) subject to the terms set out in this Licence. | |
| 1.2 | You agree that the copyright and all intellectual property and other rights, title and interests in the GPSFilm Code and the accompanying documentation remain with NTU, and NTU reserves and retains all rights in the GPSFilm Code. | |
| 2. | Scope of licence | |
| 2.1 | This Licence permits you to: | |
| 2.1.1 | use the GPSFilm Code to modify, adapt, translate or create derivative works of the GPSFilm Player and to create and develop content files for playback by the GPSFilm Player solely for non-commercial use (“Permitted Use”) and for no other purpose; | |
| 2.1.2 | make copies of the GPSFilm Code as long as all copies reproduce and include without modification all proprietary notices and labels of NTU and this Licence Agreement. | |
| 2.2 | All modifications, adaptations, translations or derivative works which you may make or create using the GPSFilm Code, in the form of source codes, object codes, and documentation (collectively “New Works”) shall each: | |
| 2.2.1 | contain a prominent notice setting out your name, the names of the files you have modified and the date of each change; and | |
| 2.2.2 | reproduce and include without modification all proprietary notices and labels of NTU, and this Licence Agreement contained in the original GPSFilm Code. | |
| 2.3 | You are not permitted to: | |
| 2.3.1 | use or copy the GPSFilm Code other than as permitted by this Licence, or use this GPSFilm Code for any purpose other than the Permitted Use, or in any manner for which it was not intended; | |
| 2.3.2 | use the GPSFilm Code for any commercial purpose or to create New Works for any commercial purpose, including for broadcasting (terrestrial, satellite, cable or other media) or webcasting, podcasting, transmission or streaming via the internet or other networks, such as, but not limited to, intranets, or in any video-on-demand application; | |
| 2.3.3 | use the GPSFilm Code with any content which is not properly licensed for use or which is unlawful content; | |
| 2.3.4 | remove or modify any proprietary notices or labels on the GPSFilm Code; | |
| 2.3.5 | insert any virus or similar self-executing program into the GPSFilm Code, or circumvent or modify any security technology or software that is part of the GPSFilm Code; | |
| 2.3.6 | transfer this GPSFilm Code to any third party or grant any third party any access to this GPSFilm Code, or permit any person the right to use the GPSFilm Code, unless all proprietary notices and labels of NTU, and this Licence Agreement are preserved and transferred with the GPSFilm Code without any modification ; or | |
| 2.3.7 | use, sell, assign, rent, sub-license, loan, mortgage, charge or otherwise deal in any way in the GPSFilm Code or its accompanying documentation or any interest in them or under this Licence except as expressly provided in this Licence. | |
| 2.4 | This GPSFilm Code licence is strictly for non-commercial use and the GPSFilm Code is not intended, designed or permitted to be used for any commercial purpose. In particular, you may not use the GPSFilm Code or any New Works in any way to provide, or as part of, any commercial service or product, or to obtain money or money’s worth. | |
| 3 | Other licences | |
| 3.1 | Separate licences from NTU will be required: | |
| 3.1.1 | To use and exploit the GPSFilm Code and/or any New Works for money or money’s worth, or as part of any commercial service or product, or for any other commercial purpose; | |
| 3.1.2 | To download and use the GPSFilm Player and the GPSFilm movie content files for playback by the GPSFilm Player available at www.gpsfilm.com. | |
| 4. | Term | |
| 4.1 | This Licence shall continue until terminated in accordance with this Agreement. | |
| 4.2 | This Licence shall terminate automatically if you fail to abide by any of its terms or use the GPSFilm Code outside the scope of Permitted Use. | |
| 4.3 | Upon termination of this Licence you will uninstall the GPSFilm Code and will erase all copies of the GPSFilm Code under your control and stored on any medium.; | |
| 5. | Third Party Materials | |
| 5.1 | Any third party tools, applications, documentation, codes, and content that may be recommended for use with the GPSFilm Code is to be downloaded and used only at your own risk. If you choose to download or use such third party materials, then such use shall be governed by such third party's license agreement. | |
| 5.2 | The GPSFilm Code may itself contain modifications, adaptations, translations, derivative works and/or content made by third parties and not by NTU. NTU has no control over such third party works. | |
| 5.3 | NTU is not responsible for any third party materials or works and shall have no liability for any use of third party materials or works. NTU makes no warranties in relation to the third party materials or works, and all warranties, conditions or other terms expressed or implied by statute, custom, common law or otherwise, are excluded to the fullest extent permitted by law, including any warranty of fitness for purpose, merchantability, satisfactory quality, or compliance with description. In particular NTU makes no warranty that the third party materials or works will meet your requirements, may be used for any specific purpose, or that the operation of the third party materials or works will be uninterrupted or error-free or that all errors in the third party materials or works can or will be corrected. | |
| 6. | Directions for use | |
| 6.1 | You must comply strictly with any directions for use of the GPSFilm Code, as detailed at www.gpsfilm.com, as may be amended by NTU from time to time. | |
| 6.2 | You agree that NTU shall not be liable for any loss, damage or injury caused to any person or any mobile device or computer system, arising from any installation or use of the GPSFilm Code. | |
| 7. | Warranties and remedies | |
| 7.1 | NTU makes no warranties in relation to the GPSFilm Code, and all warranties, conditions or other terms expressed or implied by statute, custom, common law or otherwise, are excluded to the fullest extent permitted by law, including any warranty of fitness for purpose, merchantability, satisfactory quality, or compliance with description. In particular NTU makes no warranty that the GPSFilm Code will meet your requirements, may be used for any specific purpose, or that the operation of the GPSFilm Code will be uninterrupted or error-free or that all errors in the GPSFilm Code can or will be corrected. | |
| 7.2 | You install, use and modify the GPSFilm Code at your own risk and in no event will NTU be liable for any loss or damage of any kind including direct or indirect losses, lost profits or other consequential loss, arising from the use of or inability to use the GPSFilm Code, or from errors or deficiencies in it whether caused by negligence or otherwise, or from any problem caused by the GPSFilm Code to any mobile device or computer system, subject to any applicable restrictions imposed by law on such exclusion of liability. | |
| 7.3 | Regardless of any other provision of this Agreement, the liability of NTU to you under or in relation to this Agreement or the performance of NTU’s obligations hereunder, whether in contract, tort or other cause of action, shall not exceed in the aggregate, the amount paid by you for the GPSFilm Code, or the sum of S$1, whichever is less. | |
| 8. | New Works | |
| 8.1 | As a condition of granting you this licence, you hereby agree and undertake to give to NTU a copy of all New Works. | |
| 8.2 | All copyright, patent rights, proprietary information and other intellectual and industrial property rights in the New Works shall remain with you, subject always to NTU’s proprietary rights in the GPSFilm Code. You hereby grant to NTU a non-exclusive, perpetual, unlimited, and royalty-free right and licence to use and modify all New Works for any purpose, and to grant sublicences of and distribute the New Works to third parties, whether by themselves or as part of the GPSFilm Code. | |
| 8.3 | You hereby warrant that all New Works are your own original creations, and do not infringe the intellectual property rights of any third party, and you hereby agree to indemnify and hold NTU harmless against all loss, damage, expense, costs, and liabilities, including claims by third parties in the event of any breach of the foregoing warranty. | |
| 9 | Law & Jurisdiction | |
| This Licence shall be governed by and construed in accordance with Singapore law. The parties hereby submit to the exclusive jurisdiction of the Singapore courts. | ||
| 10 | Acceptance | |
| Please click on the “I Accept” button below to indicate your acceptance of all the terms of this Licence, or the “Cancel” button to discontinue the installation process. | ||
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