SOCIAL REALITY SOFTWARE LICENSE TERMS:  SRAX

 

These license terms are an agreement between Social Reality, Inc. and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any

• updates (including but not limited to bug fixes, patches, updates, upgrades, enhancements, new versions, and successors to the software, collectively called “updates”),

• supplements,

• Internet-based services, and

• support services

for this software, unless other terms accompany those items. If so, those terms apply.

By using the software, you accept these terms. If you do not accept them, do not use the software.

As described below, your installation of this software also operates as your consent to the transmission of certain standard computer information and to the automatic downloading and installation of updates on your computer.

If you comply with these license terms, you have the rights below.

1. You may install and use any number of copies of the software. You may also make any number of copies as you need to distribute the software within your organization.

2. Social Reality provides Internet-based services with the software. It may change or cancel them at any time.

3. The software is licensed, not sold. This agreement only gives you some rights to use the software. Social Reality 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

• work around any technical limitations in the software;

• reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;

• publish the software for others to copy;

• rent, lease or lend the software; or

• transfer the software or this agreement to any third party.

4. This software contains an Automatic Update feature that is on by default. Unless you expressly opt out of this feature, this feature will (a) connect to Social Reality or service provider computer systems over the Internet, (b) use Internet protocols to send to the appropriate systems standard computer information, such as your computer’s Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the device where you installed the software, and (c) automatically download and install, or prompt you to download and/or install, current Updates to the software. In some cases, you will not receive a separate notice before this feature takes effect. By installing the software, you consent to the transmission of standard computer information and the automatic downloading and installation of updates.

5. If you use the software to access content that has been protected with Digital Rights Management (DRM), then, in order to let you play the content, the software may automatically request media usage rights from a rights server on the Internet and download and install available DRM updates.

6. This software may include H.264/MPEG-4 AVC and/or VC-1 decoding technology. MPEG LA, L.L.C. requires this notice:

THIS PRODUCT IS LICENSED UNDER THE AVC AND THE VC-1 PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE STANDARDS (“VIDEO STANDARDS”) AND/OR (ii) DECODE AVC, AND VC-1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NONE OF THE LICENSES EXTEND TO ANY OTHER PRODUCT REGARDLESS OF WHETHER SUCH PRODUCT IS INCLUDED WITH THIS SOFTWARE IN A SINGLE ARTICLE. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE WWW.MPEGLA.COM.

For clarification purposes, this notice does not limit or inhibit the use of the software for normal business uses that are personal to that business which do not include (i) redistribution of the software to third parties, or (ii) creation of content with the VIDEO STANDARDS compliant technologies for distribution to third parties.

7. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.

8. Social Reality provides support services for the software.

9. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.

10. Regardless of where you acquired the software, California state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws where you live may govern other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.

11. This agreement describes certain legal rights. You may have other rights and this agreement does not change your rights under the laws of your domicile if such laws do not permit it to do so.  However, to the extent any such laws would restrict or limit the benefits retained by Social Reality by the terms of this agreement, you may not download or use the software in any such location.

12. The software is licensed “AS-IS.” You bear the risk of using it. Social Reality gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this agreement cannot change. To the extent permitted under your local laws, Social Reality excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

13. In the event of any liability arising from your use of the software, you agree that you are limited to recover from Social Reality and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.  This limitation applies to

• anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and

• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

This limitation of damages also applies even if Social Reality knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your jurisdiction and/or country may not allow the exclusion or limitation of incidental, consequential or other damages, however, you may not use the software if such limitation or exclusion is not allowed in your jurisdiction and/or country.