This Neon Live Streaming License Agreement (referred to herein as this "Agreement") is a legal agreement between: (1) you as an individual or, if you are acting as a representative of a company or other legal entity, the company or other entity you represent (referred to herein as “you” or “your”); and (2) Riser Apps, LLC, a Washington limited liability company (referred to herein as "Company"). This Agreement relates to use of the Neon Live Streaming application, software, features, and documentation (referred to herein as the "Software"). By downloading or in any way using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, then you are not authorized in any way to download or use the Software. License
Subject to the terms and conditions of this Agreement, Company hereby grants you a non-exclusive, non-transferable, revocable worldwide license to use the Software. To the extent that you in anyway use the Software to stream on or otherwise interface with any platform or website, this license is conditional upon your complete and total compliance with the terms and conditions and all requirements of such platform or website. Disclaimer of Warranties
THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS AND WITH ALL FAULTS. COMPANY AND ITS RELATED ENTITIES AND REPRESENTATIVES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, VIOLATION OF PRIVACY, AND NON-INFRINGEMENT. COMPANY AND ITS RELATED ENTITIES AND REPRESENTATIVES DO NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, BUG-FREE, VIRUS-FREE, OR ERROR-FREE OR THAT THE RESULTS GENERATED BY YOUR USE OF THE SOFTWARE WILL BE ACCURATE OR COMPLETE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, PROFITABILITY, OR USEFULNESS OF THE RESULTS GENERATED THROUGH YOUR USE OF THE SOFTWARE.
IN NO EVENT SHALL COMPANY OR ANY OF ITS RELATED ENTITIES OR REPRESENTATIVES BE LIABLE FOR LOST PROFITS, LOST BUSINESS, LOST CONTENT, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCURRED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SOFTWARE OR OTHERWISE RELATING TO THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT (INCLUDING BUT NOT LIMITED TO BREACH OF WARRANTY), TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR ANY OTHER LEGAL THEORY OR CAUSE OF ACTION. THIS IS TRUE EVEN IF EITHER PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE.
You shall use the Software strictly in accordance with the terms of this Agreement. The terms of this Agreement include but are not limited to you shall not in any way:
Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Software, with or without notice to you and without liability to you. Company also reserves the right to modify or amend the terms of this Agreement at any time. Ownership
The Software is owned by Company and is protected by United States copyright and other laws and international treaty provisions. Except for the rights expressly granted herein, Company retains all of its rights, title and interest in and to the Software.
You may not sublicense, transfer or assign this Agreement or the license granted under this Agreement. Any attempted transfer in violation of the foregoing is void.
Company may terminate this Agreement at any time for any reason or for no reason, including but not limited to if you violate any provision of this Agreement. Any termination of this Agreement shall also terminate the license granted to you hereunder. Upon termination of this Agreement for any reason, you shall cease using the Software and remove the Software from all your computers, hard drives, networks, and other storage media.
You may not use or allow the Software to be used in any country except in strict compliance with all applicable laws, treaties, regulations, and rules of any type. This includes but is not limited to by using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which export is prohibited under U.S laws or to which the U.S. has embargoed goods.
This Agreement shall be governed by and construed exclusively in accordance with the internal laws of the State of Washington, USA, without giving effect to Washington’s principles of conflicts of law. Any legal action or proceeding with respect to this Agreement or any issues related thereto shall be brought in and venue shall lie in King County Superior Court for the State of Washington or the United States District Court for the Western District of Washington at Seattle, which courts shall have exclusive jurisdiction concerning any such legal action or proceeding. Each of the parties hereto hereby irrevocably waives any objection to such venue (including without limitation any objection to the laying of venue based on the grounds of inconvenient forum).
If you are a corporation, partnership, or other form of business organization, then the license granted under this Agreement is expressly conditioned upon acceptance by a person who is authorized to bind the corporation, partnership, or other form of business organization. This Agreement is the entire agreement between you and Company with respect to the Software, and supersedes any previous oral or written communications or documents. If any provision of this Agreement is found to be invalid or unenforceable, it will be enforced to the fullest extent permissible and the remainder of this Agreement will remain in full force and effect. Company’s failure to prosecute its rights with respect to any breach or default hereunder will not constitute a waiver of Company’s right to enforce rights with respect to the same or any other breach or default.