www.realtv.co

Terms of Use

Terms of Use Agreement

Updated 1st August 2016.

This Terms of Use Agreement (“Agreement”) constitutes a legally binding contract between REALTV Corportation, a Netherlands Antilles corporation operating Real TV Box (“REALTV”), on the one hand, and you, on the other hand, with respect to your use of the www.realtvbox.com Website, the Real TV Box Service, and any videos, software, data feeds, advertisements, third party advertisements, information, text, graphics, files or other materials or services (the “Content”) displayed or accessible through the REALTV Website and the REALTV Service (collectively, the REALTV Website and the REALTV Service are referred to herein as the “Services”). Your access to and use of the Services are expressly conditioned on your compliance with these Terms of Use. By accessing or using the Services, you agree to be bound by these Terms of Use and you agree to REALTV‘s privacy policy, found at https://realtvbox.com/privacy which may be modified by REALTV at any time for any reason and which is incorporated here by reference. If you do not agree to any of these terms or REALTV‘s latest privacy policy, please do not use the Services. Be advised that this Agreement contains disclaimers of warranties and limitations on liability that may be applicable to you.

We reserve the right, at our sole discretion, to amend and/or change these Terms at any time without further notice. You should periodically visit this page to review the current Terms so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms on this page and will indicate at the top of this page the date these terms were last revised.  You agree that your entering, re-entering, accessing, re-accessing or continuing to use the Services thereafter constitutes your acceptance of such change(s). Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.

  1. Registration and Passwords

  • Some Services may require you to register. We reserve the right to decline to provide access to any of the Services to any person for any or no reason. If you choose to register, you must submit a valid e-mail address, a postal address, select a username and password during the registration process, and be at least 18 years of age.
  • You may only register for a REALTV membership (“Membership”) if you live within a market in which REALTV is available (the “REALTV Market”) and you must register for the Membership using your residential address. You may only use the Services to receive television signals that are available in your Designated Market. You may not use or attempt to use the Services to access signals that are not available in your Designated Market or register for a Membership if you reside outside of the REALTV Market, including, without limitation, by providing a false home address, using a business address, by using another person’s login and password or by any other method that misrepresents or conceals your residential address. REALTV reserves the right to verify your residential home address using your Internet Protocol address, your billing information, geo-location and any other information that you, your ISP, or computer system provide to REALTV, as well as any publicly available information.
  • You are responsible for safeguarding the password that you use to access any secure areas of the Services. You understand that any information you provide will be treated by REALTV in the manner described in this Agreement and our Privacy Policy. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify REALTV of any unauthorized use of your password. REALTV reserves the right to refuse providing access to the Services to any user, or to delete accounts created by users who appropriate the name, likeness, email address or other personally identifiable information of another individual.

  1.  Use of the Services

  • You may utilize the REALTV Products to access and manage over the air broadcast television signals remotely via the Internet utilizing supported personal devices including smart phones, tablets, personal computers, netbooks and certain other types of devices capable of Internet connection (collectively “Supported Devices”). A list of current Supported Devices is provided to you upon acquisition of the REALTV Product. Such use require your registration in accordance with section 1 above.
  • You are only entitled to use the REALTV Product as set forth in, and subject to, these Terms for a maximum period of one (1) year from the date of first usage of the REALTV Product or until your membership is terminated by either you or REALTV if this occurs earlier.
  •   The right granted to you, as a registered member, in this paragraph does not include, and specifically excludes, any right to view over-the-air broadcast content from outside your Home Market. REALTV does not guarantee reception of any particular channel. The address that you provided in connection with registering on the Site must be your residential address.
  • You may only use the Services for your personal and non-commercial purposes, and subject to the restrictions set forth below in these Terms of Use.
  • You agree not to circumvent, disable or otherwise interfere with security-related features of the REALTV Product and website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services.

  1. Acceptable Use Policy

You agree not to use the Services to take any action(s) that:

  • are contrary to REALTV‘s public image, goodwill, or reputation;
  • infringe on REALTV or any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • express or imply that any of your statements, activities or causes are endorsed by REALTV, without our prior written consent in each instance;
  • violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;
  • are libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene;
  • transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
  • restrict or inhibit any other visitor from using the Services, including, without limitation, by means of “hacking” or defacing any portion of the Services;
  • modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Services;
  • remove any copyright, trademark, or other proprietary rights notices contained in or on the Services and/or any Content;
  • sublicense, sell, rent, lease, transfer, assign, or convey any rights under this Agreement to any third party, or otherwise commercially exploit or profit from the Information or content of the Services and/or Content, or any portion thereof, in any manner whatsoever;
  • distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
  • interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of REALTV or its licensors or suppliers;
  • involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email, or otherwise violate in any way applicable laws regarding the distribution of pornographic content or representation of violence;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission;
  • execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Service’s servers or any data not intended for you; and/or
  • harvest or collect information about users or members of the Services without their express consent.

Improper use of the Services and/or Content may result in immediate termination of your access to and use of the Services, and/or civil or criminal liabilities.

  1. Intellectual property

  • The Site and Services contain information about and related to REALTV including advertising, logos, trademarks, pictures, videos, information, digital images, software, testimonials, blog posts, and other content, all of which is and/or may be protected under trademark and copyright law and other federal and state laws. Although REALTV makes the Site accessible, REALTV does not intend to give up its rights, or anyone else’s rights, to the materials appearing on the Site. Except for certain social network features enabled on the Platform as set forth in these Terms, you may not copy (except with respect to personal use of the DVR Equipment in accordance with these Terms), modify, distribute, transmit, publicly display, publicly perform, publish, license, create derivative works from, transfer, or sell any of the material displayed on the Site and/or REALTV App(s).
  • REALTV and the REALTV logo (“REALTV Marks”) are trademarks of REALTV or its affiliates. Other trademarks, service marks, graphics, logos and or domain names appearing on the Site may be the trademarks of third parties. This Agreement does not provide you with any right, title and/or interest to reproduce or use the Marks or any third party trademarks, service marks, graphics, logos and/or domain names. Our trademarks may not be used to identify products or services that are not REALTV’s in any manner likely to cause confusion, in or as a part of your own trademarks, or in a manner that implies that REALTV sponsors or endorses your products or services.
  • REALTV does not own the copyrights or any other intellectual property rights in any broadcast television programming, including third party advertisements, that you choose to view using the REALTV Product. REALTV provides only the equipment that allows you to choose to view such programming. You are responsible for ensuring that your use of the equipment to view, record and store television programming complies with the law. Specifically, and without limitation, nothing in these Terms permits you to modify, distribute, transmit, publicly display, publicly perform, publish, license, create derivative works from, transfer, or sell any television programming that you receive using the Equipment. Without limitation on the foregoing, you are specifically prohibited from downloading, making copies of and/or disseminating any over-the air broadcast content that you chose to access using the REALTV Equipment.
  • REALTV has and retains exclusive ownership of all right, title, and interest in and to the REALTV Product, Site and Services, together with any improvements, enhancements and/or modifications. Without limiting the foregoing, REALTV retains and does not transfer any and all patents, copyrights, trade secrets and any other intellectual property rights or other legal rights associated with the Site and Services. You acknowledge that your use of the Services may require software that is licensed, sold and/or provided to you by third parties and is included on your supported devices (“Third Party Software”). Notwithstanding any other provision of the Agreement to the contrary, the Agreement shall not be deemed to apply to or govern your use of any Third Party Software and such Third Party Software is subject to the terms and conditions of the license agreement between you and the licensor of the Third Party Software.
  • You may not reverse engineer, disassemble, modify, decompile and/or create derivative works of the Services or REALTV Product or in any way derive from the Services or REALTV Product any source code. You agree not to remove, alter, or obscure any product identification, copyright, or other intellectual property notices contained or embedded in or on the REALTV Product or any content that you access utilizing the Services.
  • The Services may include third party advertisements. All third party advertisements and references to third party products, services, companies, television stations, networks, programs, and Web sites on the Site, including screen shots, are for informational purposes only and are not an endorsement, nor a recommendation, nor a representation that REALTV is in any way affiliated with any third party. All third party trademarks displayed on the Site are the property of their respective owners.
  • REALTV makes no representation whatsoever regarding the content of any other Web sites accessible through or from the Site. REALTV has no control over the contents of the Web sites of third parties. A link out to a non- REALTV Web site does not mean that REALTV endorses or accepts any responsibility for the content or use of such Web site or any product, service or other material offered on that site. By using the Services, you expressly relieve REALTV of any and all liability arising from your use of any third party website.
  • REALTV makes no warranties or representations regarding the over-the-air broadcast content or REALTV Programing available through the Site, REALTV App(s), REALTV Equipment and/or REALTV Platform. Without limitation on the foregoing, REALTV does not represent or specify that any content available through your Membership is appropriate for all ages. REALTV does not separately provide closed captioning, ratings, and/or emergency broadcast warnings.

  1. Copyright complaints

  • REALTV respects the intellectual property of others, and we ask our users to do the same. REALTV will promptly process and investigate notices of alleged infringement on the Site and/or REALTV App(s) and will take actions as appropriate under applicable intellectual property laws with respect to any alleged or actual infringement. If you believe that your work has been “used” in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our copyright agent with the following information:
    • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    • a description of the copyrighted work or other intellectual property that you claim has been infringed;
    • a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it;
    • your address, telephone number, and email address;
    • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
    • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
    • REALTV’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
    • Shuba Teck Telecomunications

3 Kaya Krisolito, Netherlands Antilles

  • The maintenance of these notice procedures is not an indication that REALTV will take any specific action in response to any specific notice provided by any specific third party. REALTV hereby reserves its right to take or refrain from taking any action it deems appropriate in its sole discretion in response to any notice it receives hereunder.
  • Repeat Infringer Policy: REALTV has adopted a policy of terminating, in appropriate circumstances and at REALTV’s sole discretion, Members and/or users who are deemed to be repeat infringers. REALTV may also at its sole discretion limit access to the Services and/or terminate the Memberships or use of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

  1. No Warranty

THE SERVICES, INCLUDING BUT NOT LIMITED TO THE CONTENT, ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, REALTV EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, REALTV MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. REALTV MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES.

  1. Indemnification

You agree to fully indemnify, defend, and hold REALTV, our licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of this Agreement; (b) any allegation that any Content you submit to us or transmit to the Services infringes or otherwise violates the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party and/or causes damage to any third party; (c) your activities in connection with the Services or other websites to which the Services are linked; and/or (d) your willful misconduct or gross negligence. This defense and indemnification obligation will survive this Agreement and your use of the Services.

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER REALTV NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, INCLUDING BUT NOT LIMITED TO THE CONTENT, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT REALTV HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT REALTV IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, REALTV WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT DOWNLOADED OR OTHERWISE ACCESSIBLE FROM OR THROUGH THE SERVICES. YOU AGREE THAT THE AGGREGATE LIABILITY OF REALTV TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THE SERVICES IS LIMITED TO THE AMOUNT YOU PAID TO ACCESS THE SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN REALTV AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

  1. Term, Termination and violation of the Terms

  • This Agreement is effective from the date that you first access the Services or submit any information to REALTV, whichever is earlier, and shall remain effective until terminated in accordance with its terms.
  • REALTV may immediately terminate this Agreement, and/or your access to and use of the Services, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. This Agreement will also terminate automatically if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use the Services shall immediately cease, and you shall destroy all copies of information that you have obtained from the Services, whether made under the terms of this Agreement or otherwise. All disclaimers and all limitations of liability and all REALTV rights of ownership shall survive any termination. All of your representations, warranties and indemnification obligations hereunder shall also survive any termination hereof.
  • We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Services, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, or any part of portion thereof. Nothing in this Agreement shall be construed to obligate REALTV to maintain and support the Services, or any part or portion thereof, during the term of this Agreement.
  • REALTV will have the right to investigate and to bring any claim for violations of the Terms of Use, including intellectual property rights infringement and security issues, to the fullest extent of the law. REALTV may involve and cooperate with law enforcement authorities for the prosecution of users who violate these Terms of Use. You acknowledge that REALTV has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

  1. Miscellaneous

Severability

In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use shall continue in full force and effect and the unenforceable provision shall be reformed so as to give maximum legal effect to the intentions of the parties as expressed herein.

 

7 Day Catchup*

7 day catchup may not available for all channels. Please contact us for more info [email protected]

Waiver

The failure of REALTV to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

Controlling Law and Jurisdiction

These Terms of Use and any action related thereto will be governed by and interpreted in accordance with the laws of the Netherlands Antilles without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the competent court of the Canton of Netherlands Antilles, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement

These Terms of Use constitute the entire and exclusive agreement between REALTV and you with respect to the Services and supersede and replace any prior or contemporaneous understandings between REALTV and you regarding the Services.

Contact

If you have any questions about these Terms of Use, please contact REALTV at [email protected]

TERMS OF PURCHASE AND LICENSE AGREEMENT FOR REALTV PRODUCTS

PLEASE READ THIS TERMS OF PURCHASE AND LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING YOUR REALTV PRODUCT. FOR THE PURPOSES OF THIS AGREEMENT, “REALTV PRODUCTS” REAL TV SET TOP BOX AND THE “ACCESSORIES” ARE THE CABLES, POWER ADAPTOR, REMOTE CONTROL AND THE WIRELESS USB DEVICE THAT CAME WITH THE REALTV PRODUCT. THIS AGREEMENT IS THE LEGAL AGREEMENT BETWEEN YOU AND REALTV GOVERNING YOUR USE OF THE REALTV PRODUCT, THE SOFTWARE (INCLUDING THE EMBEDDED REALTV SOFTWARE AND THIRD PARTY SOFTWARE) THAT CAME INSTALLED ON THE REALTV PRODUCT AND ANY UPDATES, UPGRADES, BUG FIXES OR MODIFIED VERSIONS THERETO (“SOFTWARE”) AND RELATED DOCUMENTATION. BY USING YOUR REALTV PRODUCT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT GRANTED ANY RIGHTS IN THE SOFTWARE, AND YOU SHOULD NOT USE THE REALTV PRODUCT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND YOU HAVE NOT USED THE REALTV PRODUCT AND ARE THE ORIGINAL END USER PURCHASER OF THE REALTV PRODUCT, YOU MAY RETURN THE UNUSED AND UNDAMAGED REALTV PRODUCT IN ITS ORIGINAL PACKAGING WITH ALL ACCOMPANYING SOFTWARE AND DOCUMENTATION AND OTHER ITEMS TO THE PLACE WHERE YOU OBTAINED IT WITHIN 14 DAYS AFTER PURCHASE FROM REALTV FOR A REFUND ACCORDING TO THE REFUND POLICY STATED BELOW.

License

(a) Subject to the terms of this Agreement, REALTV grants you a nonexclusive, nontransferable right to use the Software solely on a single REALTV Product on which it was originally installed.

(b) General Limitations. This is a license, not a transfer of title, to the Software, for use only under the terms of this Agreement. REALTV retains ownership of all copies of the Software, and REALTV reserves all rights not expressly granted to you. The rights granted herein are limited to REALTV‘s intellectual property rights in the Software and do not include any other patents or intellectual property rights. Except as and only to the extent expressly permitted in this Agreement or by applicable law, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software or any part thereof. Any attempt to do so is a violation of the rights of REALTV and its licensors.

Open Source Software

Certain software libraries and other third party software included in the Software are “free” or “open source” software and are subject to separate license terms (“Open Source Software”). Such Open Source Software is distributed WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. Certain Open Source Software has been or may be made available by REALTV on its web site. REALTV is not obligated to provide any warranty, maintenance, technical or other support for the resultant modified REALTV Software or its use on REALTV Products.

Consent to Use of Data

You agree that REALTV and its subsidiaries may collect, use and disclose personally identifiable and anonymous technical and other information to facilitate the provision of software updates, upgrades or bug fixes, product support and for other reasons. REALTV shall use customer information in accordance with its Privacy Policy, which can be found at https://realtvbox.com/privacypolicy and which may be modified by REALTV at any time for any reason and which is incorporated here by reference. By using the Software, you agree to the latest terms of REALTV‘s Privacy Policy.

REALTV Service Terms of Use

The Software may enable access to the Services. By using this Software in connection with the REALTV Service, you agree to and must comply with the latest terms of use for the REALTV Services.

Product acquisition and Warranty Statement

REALTV Products may only be acquired from a REALTV authorized distributor or our Website: www.realtbox.com

Limited Warranty. WITHIN THE LIMITS OF APPLICABLE LAW, REALTV DOES NOT PROVIDE FOR ANY WARRANTY REGARDING THE REALTV PRODUCTS AND ACCESSORIES, WHICH ARE PROVIDED AS IS BY REALTV TO DISTRIBUTORS. Upon acquisition of the REALTV Set Top Box (excluding accessories), the concerned Distributor may however warrant to you that, for a period of 12-months from the date of the purchase by the original end-user purchaser or for the minimum applicable warranty duration in your Home Market if longer than 12 months (the “Warranty Period”), your REALTV Set Top Box will be substantially free of hardware defects in materials and workmanship under normal use. Your exclusive remedy under this warranty will be for the Distributor at its sole option to repair or replace the Product. This limited warranty extends only to the original end-user purchaser. The warranty is an exclusive obligation to your Distributor and you shall have no remedy enforceable against REALTV. There is “no change of mind” policy.

REALTV Warranty Policy & Procedures

Please contact your Distributor for warranty.

Limitation on Warranty. This warranty does not apply: (a) to damage caused by use with non- REALTV products; (b) to damage caused by accident, misuse, being subjected to abnormal physical or electrical stress, or other external causes; (c) to damage caused by operating the product outside the permitted or intended uses described by REALTV; (d) if the product has not been installed, operated, repaired, or maintained in accordance with instructions supplied by REALTV; (e) to a product or part that has been modified, except by REALTV; (f) to consumable parts, such as batteries; (g) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports, that does not otherwise affect the product’s functionality or materially impair your use; (h) if any REALTV serial number has been removed or defaced; or (i) if the warranty sticker has been removed or altered.

Warranty Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS. EXCEPT AS SPECIFIED ABOVE IN THIS SECTION, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY REALTV ITS SUPPLIERS AND LICENSORS. REALTV DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL REALTV ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFITS, OR LOST OR DAMAGED DATA, BUSINESS INTERRUPTION, LOSS OF CAPITAL, PERSONAL INJURY OR FOR CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF REALTV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall the total liability of REALTV, its suppliers and licensors to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount paid for the acquisition of the REALTV Product. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Export Restrictions

The Software and technology in the REALTV Products (hereafter referred to as “Software and Technology”) are subject to export controls under the laws and regulations of Netherlands Antilles. You shall comply with such laws and regulations governing export, re-export, transfer and use of the Software and Technology and will obtain all required Swiss and local authorizations, permits, or licenses. REALTV and you each agree to provide the other information, support documents, and assistance as may reasonably be required by the other in connection with securing authorizations or licenses.

Miscellaneous

This Agreement shall be governed by and interpreted in accordance with the laws of Netherlands Antilles, notwithstanding any conflicts of law provisions. The parties specifically disclaim the application of the UN Convention on Contracts for the International Sale of Goods. This Agreement constitutes the entire agreement between the parties with respect to the use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by REALTV. If any part of this Agreement is found to be unenforceable, the remainder shall continue in full force and effect and the unenforceable provision shall be reformed so as to give maximum legal effect to the intentions of the parties as expressed herein. Any translation of this Agreement is done for local requirements, and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern.