ACKNOWLEDGMENT OF CONDITIONS FOR ACCESS OF VERANCE CORPORATION'S ("VERANCE'S") EXAMPLE CODE FOR ATSC A/334.
READ THE TERMS SET FORTH BELOW (THESE "TERMS") CAREFULLY BEFORE YOU ACCESS THE ATSC A/334 EXAMPLE CODE (THE "EXAMPLE CODE"). BY ACCESSING THE EXAMPLE CODE YOU AGREE TO ALL THE TERMS SET FORTH BELOW.
1. NO LICENSES GRANTED: No license to any intellectual property of any sort (including, but not limited to, patents, copyrights, trademarks, and trade secrets), whether owned by Verance or a third party, related to the Example Code is granted hereunder by Verance. The Example Code shall be implemented or otherwise used only pursuant to the terms and conditions of a current, executed agreement (an "Agreement") between you or your company or other organization (if you are accessing the Example Code on behalf of your employer or other entity) and Verance, and is to be used solely as expressly permitted under the terms of the Agreement, in accordance with any and all instructions provided by Verance. The Example Code is provided for informational purposes only. You may review the Example Code, but no license is granted hereunder to use, copy, distribute, modify, or make any commercial use of the Example Code or the information contained therein. The Example Code is the subject of multiple patents, both issued and pending, in multiple jurisdictions worldwide, including, but not necessarily limited to, those patents disclosed under ATSC policies at http://atsc.org/policies/patent-statements/.
2. DISCLAIMER: THE EXAMPLE CODE, ITS USE AND IMPLEMENTATION, INCLUDING ALL OTHER INFORMATION, MATERIALS OR SERVICES RELATED THERETO, ARE PROVIDED "AS IS," AND VERANCE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CORRECTNESS, ACCURACY, RELIABILITY OR ANY EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION THAT MIGHT ARISE FROM PRODUCTS, ACTIVITIES, OR INFORMATION DISCLOSURES RELATING TO THE EXAMPLE CODE, THESE TERMS, THE AGREEMENT, OR ANY ACT, OMISSION, OR REQUIREMENT BY ANY THIRD PARTY.
3. LIMITATION OF LIABILITY: VERANCE AND ITS AFFILIATES, DIRECTORS, OFFICERS, AND EMPLOYEES SHALL NOT BE LIABLE TO YOU, YOUR EMPLOYER, OR ANY OTHER PERSON OR ENTITY FOR WHOSE BENEFIT YOU MAY ACCESS OR USE THE EXAMPLE CODE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF ANY CAUSE OF ACTION OR OBLIGATIONS RELATING TO YOUR ACCESSING OR USE OF THE EXAMPLE CODE, WHETHER UNDER THEORY OF CONTRACT, TORT, INDEMNITY, PRODUCT LIABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY, OR OTHERWISE, REGARDLESS OF WHETHER ANY SUCH PERSON OR ENTITY WAS ADVISED OF SUCH POTENTIAL DAMAGE.
4. INDEMNITY: YOU AGREE TO INDEMNIFY AND HOLD HARMLESS VERANCE AND ITS DIRECTORS, OFFICERS, AND EMPLOYEES AS TO ANY CLAIM, ACTION, SUIT, OR OTHER LEGAL PROCEEDING BY ANY THIRD PARTY TO THE EXTENT YOUR ACCESS OR USE OF THE EXAMPLE CODE (i) IS NOT IN COMPLIANCE WITH EITHER THESE TERMS OR INSTRUCTIONS PROVIDED BY VERANCE, (ii) IS NOT IN COMPLIANCE WITH THE AGREEMENT, INCLUDING BEING CONDUCTED WITHOUT BEING SUBJECT TO THE AGREEMENT, OR (iii) CONSTITUTES WILLFUL MISCONDUCT OR NEGLIGENCE ON YOUR PART.