These terms ("Terms") cover access and use of all 1-stream products, software, websites, and services provided by 1-stream (the "Services"). You accept these Terms by continuing the use of the Services or the website , by creating a 1-stream account, through your use of the Services or the website, or by continuing to use the Services or the website after being notified of a change to these Terms.
If you don't agree with these Terms you should STOP using or accessing the Services.
Your privacy is important to us. Please read the 1-stream Privacy Statement (the "Privacy Statement") as it describes the types of data we collect from you or your devices ("Data"), how we use your Data, and the legal bases we have to process your Data. Where processing is based on consent and to the extent permitted by law, by agreeing to these Terms, you consent to 1-stream's collection, use and disclosure of Your Data as described in the Privacy Statement. In some cases, we will provide separate notice and request your consent as referenced in the Privacy Statement.
Our Services (except our websites) are provided to you content free. Any content/ material/ data or databases you may use in relation to our Services is exclusively controlled by you ("Your Content"). Our Services do not store or share Your Content or receive content from others. We don't receive, store nor we interact with Your Content. Your Content remains Your Content and you are solely responsible for it and its use.
You must be aware that when you use Our product you may have the option to share Your Content with other people, so you understand that by sharing Your Content other people may be able to, on a worldwide basis, use, save, record, reproduce, broadcast, transmit, share and display (and on HealthVault delete) Your Content without compensating you.
If you do not want others to have that ability, do not use the Services in a way that you share Your Content with others.
Be aware that when making use of Our product we don't have access to Your Content nor the ability or responsibility to control it or secure its access (at your storage location) from third parties, so you must take all necessary measures technical or else to secure Your Content.
You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for Your Content when using the Services and that the collection, use, and retention (control) of Your Content will not violate any law or rights of others. 1-stream cannot be held responsible for Your Content or content/ materials/ data others upload, store or share on your medium of storage (devices, computers, servers etc) when using the Services.
Code of Conduct
a. By agreeing to these Terms, you're agreeing that, when using the Services, you will follow these rules:
i. Don't do anything illegal.
ii. Don't engage in any activity that exploits, harms, or threatens to harm children.
iii. Don't send spam. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), or instant messages.
iv. Don't publicly display or use the Services in a way that enables you to share inappropriate content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence, or criminal activity).
v. Don't engage in activity that is fraudulent, false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services to increase play count, or affect rankings, ratings, or comments).
vi. Don't circumvent any restrictions on access to or availability of the Services.
vii. Don't engage in activity that is harmful to you, the Services or others (e.g., transmitting viruses, stalking, posting terrorist or violent extremist content, communicating hate speech, or advocating violence against others).
viii. Don't infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, such as movies, video, encoded terrestrial or satellite TV signal including paid TV or streaming, or photographs).
ix. Stream/ decode content without Licence.
x. Don't engage in activity that violates the privacy of others.
xi. Don't help others break these rules.
b. Enforcement. If you violate these Terms, we may stop providing Services to you, revoke any Licence to use our software or we may close your 1-stream account. We may also block delivery of a communication (like email) to or from the Services in an effort to enforce these Terms or we may refuse access to your account. When investigating alleged violations of these Terms, 1-stream reserves the right to block access to Your account or inform public authorities of such allegations and provide them information relating to your account according to local laws. However, we cannot monitor the entire Services interaction and make no attempt to do so.
Using the Product & Support
1-stream account. You'll need a 1-stream account to access most of the Products. Your 1-stream account lets you sign in to products, websites and service. provided by 1-stream.
i. Creating an Account. You can create a 1-stream account by signing up online. You agree not to use any false, inaccurate or misleading information when signing up for your 1-stream account. If you create a 1-stream account on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to these Terms. You cannot transfer your 1-stream account credentials to another user or entity. To protect your account, keep your account details and password confidential. Don't share your Passwords. You are responsible and accountable for all activity that occurs under your 1-stream account.
iii. Kids and Accounts. By using the Services, you represent that you are above 16 years old. 1-stream Services are not offered to persons below the age of 16. If you do not know whether you have reached the age of 16, or do not understand this section, please ask your parent or legal guardian for help and consent before you create a 1-stream account. If you are the parent or legal guardian of a minor above 16 years who creates a 1-stream account, you and the minor accept and agree to be bound by these Terms and are responsible for all use of the 1-stream account or Services, including purchases, whether the minor's account is now open or created later. If you are the parent or legal guardian of a minor below 16 years don't let the minor create a 1-stream account or use the Services.
iv. Closing Your Account.
You can cancel any Services or delete/cancel or close your 1-stream account at any time at your discretion. To delete your 1-stream account or cancel Services, please visit support and follow instructions on how to do it. When you ask us to close/delete/cancel your 1-stream account, changes take effect immediately and are irrevocable. There is no such service as account reactivation. You need to sign up a new account.
If your 1-stream account is deleted/cancelled suspended or closed (whether by you or us), a few things happen. First, your right to use the 1-stream account to access the Services stops immediately and therefore access to any of the Services including user /client interface area (UI) (except websites) will be denied. Second, we'll delete all your data associated with your 1-stream account or will otherwise disassociate it from you and your 1-stream account (unless we are required by law to keep it, return it, or transfer it to you). Although we don't store, control or have access to Your Content, account deletion may cause to you (as a side effect) loss of access to Your Content and therefore you should have an alternative/regular access and backup plan as 1-stream won't be able to provide access information to any third party services or your devices, computers or any servers where you may store Your Content. Third, we may temporarily prevent creation of an account associated with the email address or other data (personal or not) you provided.
v. 1-stream Account & Client/ User Interface Area
A 1-stream account gives you access to user/client interface area ("UI" or "UI area"). At UI area you can see and manage: a) all Services whether active, inactive, suspended, cancelled, terminated b) your support tickets, c) active or inactive Software (and their respective Licences), d) billing information, statements and invoices and e) place orders or renew Services, Software (and their respective Licences) or add-ons, f) downloads, g) knwledgebase. At UI you can also access all your privacy details and manage cookies.
Additional Equipment/Data Plans. To use many of the Services, you'll need an internet connection. You might also need additional equipment, licences for use of third party services, or data plans. You are responsible for providing all connections, plans, and equipment needed to use the Services and for paying the fees charged by the provider(s) of your connections, plans, third party services and equipment. Those fees are in addition to any fees you pay us for the Services and we will not reimburse you for such fees. Check with your provider(s) to determine if there are any such fees that may apply to you.
Service Notifications. When there's something we need to tell you about a Service you use, we'll send you Service notifications. If you gave us your email address or phone number in connection with your 1-stream account, then we may send Service notifications to you via email or via SMS (text message), including notifications to verify your identity before registering your mobile phone number and verifying your purchases. We may also send you Service notifications via in-product messages or in the client/ UI area. For email or SMS notifications your Internet Service Provider or Telecommunications carrier may apply charges.
Support. Customer support Service is available at client area. Support may not be available for preview or beta versions of features or Services.
Using Third-Party Apps and Services
a. The Services offered through the Services may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. If you change the location associated with your 1-stream account, you may need to re-acquire the Services that were available to you and paid for in your previous region.
b. We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and 1-stream is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to use 1-stream Services.
Updates to the Services or Software, and Changes to These Terms
a. We may change these Terms at any time, and we'll tell you when we do. Using the Services after the changes become effective means you agree to the new terms. If you don't agree to the new terms, you must stop using the Services, close/ terminate your 1-stream account and, if you are a parent or guardian, help your minor child close/terminate his or her 1-stream account.
b. Sometimes you'll need software updates to keep using the Services. We may automatically check your version of the software and download software updates or configuration changes. You may also be required to update the software to continue using the Services. Such updates are subject to these Terms and Licence Agreement (below) unless other terms accompany the updates or the End User (Software) Licence Agreement that comes with the software, in which case, those other terms apply. 1-stream isn't obligated to make any updates available and we don't guarantee that we will support the version of the system, device or set up you are using the Services with. Third-party apps or services are the responsibility of these Third-Parties to update and manage.
c. Additionally, there may be times when we need to remove or change features or functionality of the Service(s) or stop providing a Service or access to Third-Party Apps and Services altogether. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any of the Services previously purchased or licensed. We may release the Services or their features in a preview or beta version, which may not work correctly or in the same way the final version may work.
d. In case You intent to use 1-stream Services in way that third parties protected content is involved, like some music, games, movies, e-books and more, you should acquire a relevant licence for such use.
Unless accompanied by a separate End User (Software) License Agreement, any software provided by us to you as part of the Services is subject to these Terms. Other software (the "Specific Software") acquired through 1-stream (either property of or operated by 1-stream) is subject to the provisions of section 14 below.
a. If you comply with these Terms, we grant you the right to install and use one copy of the software per device on a worldwide basis for use by only one person at a time as part of your use of the Services. The software or website that is part of the Services may include third-party code. Any third-party scripts or code, linked to or referenced from the software or website, are licensed to you by the third parties that own such code, not by 1-stream. Notices, if any, for the third-party code are included for your information only.
b. The software is licensed, not sold, and 1-stream reserves all rights to the software not expressly granted by 1-stream, whether by implication, estoppel, or otherwise. This license does not give you any right to, and you may not:
i. circumvent or bypass any technological protection measures in or relating to the software or Services;
ii. disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Services that is included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so;
iii. separate components of the software or Services for use on different devices;
iv. publish, copy, rent, lease, sell, export, import, distribute, or lend the software or the Services, unless 1-stream expressly authorizes you to do so in writing;
v. transfer the software, any software licenses, or any rights to access or use the Services;
vi. use the software or Services in any unauthorized way that could interfere with anyone else's use of them or gain access to any service, data, account, or network;
vii. enable access to the Services or modify any 1-stream-authorized device by unauthorized third-party applications.
c. Breach by You or Your affiliates of the End User Software Licence Agreement (for software accompanied by a separate licence agreement) and/ or these Terms gives us the right to claim damages and seek compensation for violations of proprietary rights.
If you purchase a Service, then these payment terms apply to your purchase and you agree to them.
a. Charges. If there is a charge associated with a portion of the Services, you agree to pay that charge. The price stated for any of the Services includes all applicable taxes but excludes currency exchange settlements and fees imposed to you by your financial institution for use of their services, unless stated otherwise. You are solely responsible for paying such charges. Taxes are calculated based on your location at the time your 1-stream account was registered and therefore included in the price as it appears to You. However, if at the time of the order/ payment of a Service You provide us with a different location that alters the amount of applicable taxes according to your place of residence or where the entity You act on behalf is based, price may change to include relevant taxes for that location. We may suspend or cancel the Services if we do not receive an on time, full payment from you for your billed services. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account. Connecting to the Internet via a corporate or other private network that masks your location may cause charges to be different from those displayed for your actual location.
b. Your Billing Account. To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. You agree to provide your personal or your entity's information (such as name, surname, company name, address, location, etc) including your email address and payment method, so we can complete your transactions and contact you as needed in connection with your orders/ transactions. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.
c. Billing. By providing 1-stream with a payment method, you (i) represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate; (ii) authorize 1-stream to charge you for the Services using your chosen payment method; and (iii) authorize 1-stream to charge you for any paid feature of the Services you choose to sign up for/ ordered or use while these Terms are in force. We will bill you at the time of purchase and in recurrent periods according to the billing circle you chose. Also, we may charge you up to the amount you have approved, and for the period of service sought. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed. You need to terminate/ delete or cancel your 1-stream Service in your account/ UI in order to stop billing. Unless you terminate/ delete or cancel your 1-stream Service in account/UI before your billing date, you authorize us to charge the Service(s) fee for the next billing cycle to your Payment Method.
d. Payments. 1-stream does not store your chosen payment method details, credentials, pins, passwords etc. Rather you are redirected to the associated financial organisation/ electronic payments provider where you can safely (all your information and personal data are encrypted based on the encryption protocol SSL-128-bit (SecureSocketsLayer)) conclude your payments. The collection and processing of the payment data submitted by you is carried out only by the associated financial organisation/ electronic payments provider which is exclusively responsible for processing thereof for the conclusion of the payment. The payment service provider/ financial organisation and/or you will be responsible for any problem that may arise during payment by credit card. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, 1-stream or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and process any such payment as an Electronic Payment.
e. Online Statement and Errors. 1-stream will provide you with an online billing statement and an invoice on the 1-stream account / UI, where you can view and print your statement. We may also send a copy of the statement or a notice via e-mail. This is the only billing statement that we provide. If we make an error on your bill/invoice, you must tell us within 30 days after the error first appears on your statement. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we won't be required to correct the error or provide a refund. If 1-stream has identified a billing error, we will correct that error within 30 days.
f. Refund Policy. Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. If you believe that 1-stream has charged you in error, you must contact us within 30 days of such charge. No refunds will be given for any charges more than 30 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply. g. Cancelling the Services. You may cancel a Service at any time, with or without cause. Cancelling paid Services stops future charges to continue for that Service. To cancel a Service and request a refund, if you are entitled to one, visit the 1-stream UI where you can cancel any Service and your account. If you cancel your account, your access to the Services ends immediately and there will be no refund for remaining period unless there is a billing error according to provisions in section 9(f) above. If you cancel a Service, your access to the cancelled Service ends at the end of the billing circle after which you may still use the rest of the Services (if there is a remainder to the billing circle) and your account. There will be no refund for that Service for the remaining of the billing circle unless there is a billing error according to provisions in section 9(f) above.
h. Trial-Period Offers. If you are taking part in any trial-period offer, you may cancel the trial Service(s) within the timeframe communicated to you when you accepted the offer.
i. Promotional Offers. From time to time, 1-stream may offer Services for a trial period during which 1-stream will not charge you for the Services. 1-stream reserves the right to charge you for such Services (at the normal rate) if 1-stream determines (in its reasonable discretion) that you are breaching the terms and conditions of the offer.
j. Price Changes. We may change the price of the Services at any time. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term.
k. Payments to You. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may reduce the payment to you without notice to adjust for any previous overpayment.
The terms before and after section 14 apply generally to all Services. This section contains service-specific terms for "Specific Software" that are in addition to the general terms. These service-specific terms govern the licence and use of the "Specific software" if there are any conflicts with the general terms.
The term "dispute" is as broad as it can be. It includes any claim or controversy between you and 1-stream concerning the Services, the software related to the Services, the Services' or software's price, your 1-stream account, advertising, marketing, communications, your purchase transaction, billing, or these Terms, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors', our, or our licensors' intellectual property rights.
To resolve any dispute (except IP), you can contact the 1-stream experienced team directly by opening a support ticket. If you still believe the dispute was not resolved and wish to do so, you can use the alternative of out-of-court settlement through the European Alternative Dispute Resolution Agency. In particular, in accordance with Directive 2013/11 / EC, which was incorporated law with JMD 70330/2015, the possibility of electronic settlement of consumer disputes with the Alternative Dispute Resolution (ADR) procedure is now provided throughout the European Union. If you are a consumer (ie a natural person acting outside the professional capacity) and have any problem with a purchase made from 1-stream, you can initiate the ADR process through the single all-union platform for electronic dispute resolution (platform HED) available at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
You can access the Consumer Code of Electronic Commerce as published in the Official Gazette here.
Notices and procedure for making claims of intellectual property infringement. 1-stream respects the intellectual property rights of third parties. If you wish to send a notice of intellectual property infringement, including claims of copyright infringement, you should complete an online form here. We will respond to enquires that are relevant to intellectual property matters.
1-stream may provide your notice to third parties (including the alleged infringer).
To be effective, the Notification must include:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the work claimed to have been infringed, or if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
-All claims should be filed through an online form or directed to [email protected].
-Keep all information and communication with 1-stream private and confidential.
-Full statement that the claimant has read and accepted these Terms, the Privacy Statement and has not acted unlawfully or violated these Terms or any 1-stream's proprietary rights.
-You should be aware that intentional filling of false claims is illegal under law and may give rise to criminal investigations or civil or criminal action by involved parties including claims for unfair competition, perjury or false accusations according to Civil & Penal Codes and other laws. 1-stream reserves the right to seek expenses for handling notices found by law courts to be false claims.
Copyright and trademark notices. The Services are copyright � 2020 "One Stream LTD" distinctive title: "One Stream LTD", a private limited company (I.K.E) General Commercial Registry (GEMI) All rights reserved. 1-stream and the names, logos, and icons of all 1-stream products, software, and services may be either unregistered or registered trademarks of 1-stream in the EU and/or internationally. Any rights not expressly granted in these Terms are reserved.
You may use 1-stream trademarks in text solely to refer to and/or link to 1-stream's products and services You may not use 1-stream logos, logotypes, websites or materials unless specifically permitted for any other purpose, nor use the trademarks in the name of your business, product, service, app, domain name, social media account, or other offering; nor use the trademarks on promotional merchandise that you are selling or distributing (such as t-shirts, travel mugs, etc.); nor do or say anything or use the trademarks in a way that implies affiliation with, or sponsorship, endorsement or approval by 1-stream of your products or services; nor alter, animate, or distort the trademarks or combine them with any other symbols, words, images or designs, or incorporate them into a tagline or slogan; nor use the trademarks in any way that is contrary to these terms or contrary to 1-stream's commercial use.
SOFTWARE LICENSE TERMS (AGREEMENT) FOR SOFTWARE PROVIDED BY 1-stream OTHER THAT SPECIFIC SOFTWARE
These license terms are an agreement between you and 1-stream. Read them carefully. They apply to the software you download or use from 1-stream, including any updates or supplements for the software, unless the software comes with separate terms (Licence Agreement), in which case section 14 and those terms apply.
BY DOWNLOADING OR USING THE SOFTWARE, OR ATTEMPTING TO DO ANY OF THESE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, YOU HAVE NO RIGHT TO AND MUST NOT DOWNLOAD OR USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
INSTALLATION AND USE RIGHTS; EXPIRATION.
You may install and use the software according to the following usage rules.
1-stream reserves the right to modify 1-stream's Usage Rules at any time.
All software is licensed, not sold. Your right to access or use any software is subject to your compliance with (a) all license terms, license limitations, codes of conduct, and payment terms in the 1-stream Services Agreement, (b) your payment in full for the applicable software, (c) these Rules, and (d) any additional terms provided when you acquire your license. Software may be used only as expressly permitted in the 1-stream Services Agreement or these Usage Rules; all other uses are prohibited (unless you have received prior, written consent to the contrary). The 1-stream Services Agreement and these Rules apply even if the price or payment due for a software is zero. If these Rules conflict with the 1-stream Services Agreement (or any other terms), these Rules control what you can do with software, except Specific-Software as defined in Section 14 of the 1-stream Services Agreement, which will control as to the expressly conflicting statements, but only for that particular Specific-Software.
Software is licensed solely for your personal, non-commercial use (which excludes use for promotional purposes), at a level customary for such use. 1-stream may stop distributing any software, or add to or reduce the capabilities for any software, at any time. You may lose access to or capabilities of software, or have the nature of your access changed (e.g., lose family or legal entity access, if any), if (a) you violate the 1-stream Services Agreement or these Rules, (b) you use or try to use software in a manner inconsistent with the 1-stream Services Agreement, these Rules, or the limited license granted to you, (c) you circumvent, or try to circumvent, any technical measures designed to limit access or enforce license limitations, (d) you fail to pay a recurring subscription fee or billing circle, (e) you fail to maintain a current payment method for your account, (f) you change your country or region, (g) you fail to maintain a current email address associated with your account, (h) you fail to log into a given Service once a month to refresh your software electronic licenses as described in the Additional Service-Specific Rules below, (i) we cancel or terminate the applicable Service or 1-stream account, or cease supporting your device(s). Except as maybe permitted below, you may not transfer or resell any licenses to any software. If you sell any device containing software, the purchaser will not acquire any right to use the software. We may use technologies to verify your compliance with these Rules.
Certain Services or Software require you to register the devices on which you access software and to access the Service from that device in order to maintain access. Registered devices may include personal computers, laptops, tablets, servers and certain portable or mobile devices, to the extent the device is compatible with the given software. Licenses for certain software may be renewed if you log back into the Services within a month and, at that time, have not exceeded device limits (if there is any). You must connect to user/ client UI area to refresh licenses for software. Such loss may be temporary or permanent as determined by 1-stream. 1-stream may limit how frequently you can manually register and de-register a given device to avoid attempts to exceed device limitations. Subject to the above, you can manage your registered devices in the client/user UI area of your 1-stream account or for a particular Service. Not all devices have the same capabilities, and not all Software or Services (or specific functionalities of either) may be available on any given device. The individual Service may include a list of compatible device types, but electronic devices evolve continually, and it is solely your responsibility to check whether a given device is compatible with the Software you want to purchase before you purchase it. Certain software may be licensed only for the territory associated with your 1-stream account; you may not be able to use such software when you are outside that territory.
2. INTERNET-BASED SERVICES.
a. Consent for Internet-based or wireless services. If the software connects to computer systems over the Internet, which may include via a wireless network, using the software operates as your consent to the transmission of standard device information (including but not limited to technical information about your device, system, and application software, and peripherals) for Internet-based or wireless services. If other terms are presented in connection with your use of services accessed using the software, those terms also apply.
b. Misuse of Internet-based services. You may not use any Internet-based service in any way that could harm it or impair anyone else's use of it or the wireless network. You may not use the service to try to gain unauthorized access to any service, data, account, content or network by any means.
3. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the Software. If 1-stream disables the ability to use the software on your devices pursuant to the 1-stream Services Agreement, any associated license rights will terminate. 1-stream reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not:
a. Work around any technical limitations in the software.
b. Reverse engineer, decompile, or disassemble the application, except and only to the extent that applicable law expressly permits, despite this limitation.
c. Make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation.
d. Publish or otherwise make the software available for others to copy.
e. Rent, lease, or lend the application.
f. Transfer the software or this agreement to any third party.
4. DOCUMENTATION. If documentation is provided with the software, you may copy and use the documentation for personal reference purposes.
5. TECHNOLOGY AND EXPORT RESTRICTIONS. The software may be subject to international technology control or export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the technology used or supported by the software. These laws include restrictions on destinations, end users, and end use.
6. SUPPORT SERVICES. Open a support ticket in the UI area to determine if any support services are available. 1-stream is solely responsible for providing support services for the software.
8. APPLICABLE LAW.
This agreement shall be governed by and construed in accordance with the laws, in particular the Civil Code and Law 2121/1993 known as: "Copyright, Related Rights and Cultural Matters".
9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your residence. This agreement doesn't change your rights under the laws of your residence if the laws of your country of residence don't permit it to do so.
10. DISCLAIMER OF WARRANTY. The software is licensed "as is," "with all faults," and "as available." You bear the entire risk as to its quality, safety, comfort, and performance. Should it prove defective, you assume the entire cost of all necessary servicing or repair. 1-stream and each of our respective affiliates, vendors, agents, and suppliers ("Covered Parties"), gives no express warranties, guarantees, or conditions in relation to the software. You may have additional consumer rights under your local laws that this agreement can't change. To the extent permitted under your local laws, Covered Parties exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose, safety, comfort, and non-infringement. If your local laws impose a warranty, guarantee or condition even though these terms do not, its duration is limited to 30 days from when you download the software.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. To the extent not prohibited by law, if you have any basis for recovering damages, you can recover from the application publisher only direct damages up to the amount you paid for the software licence or €10.00, whichever is greater. You will not, and waive any right to, seek to recover any other damages, including lost profits and consequential, special, direct, indirect, or incidental damages, from 1-stream.
This limitation applies to:
Anything related to the software or services made available through the software; and
Claims for breach of contract, warranty, guarantee or condition; strict liability, negligence, or other tort; violation of a statute or regulation; unjust enrichment; or under any other theory; all to the extent permitted by applicable law.
It also applies even if:
This remedy doesn't fully compensate you for any losses; or
1-stream knew or should have known about the possibility of the damages.