NOTICE TO USER: PLEASE READ THIS LICENSE AGREEMENT CAREFULLY. BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. YOU AGREE THAT THIS LICENSE AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE.
NAB MAKES NO WARRANTY OR REPRESENTATION THAT USE OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED OR ERROR-FREE.
This Software (and any documentation) is being provided free of charge to NAB members and their respective contractors only. It is not available to others or third parties.
This Software is provided “as is.” AS SUCH, NAB MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE SOFTWARE OR DOCUMENTATION WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. NAB will not be liable for any direct, indirect, special or consequential damages arising out of any use of the Software or documentation, even if advised of the possibility of such damage. You will assume the cost of any and all necessary servicing, repair or damages caused by use of the Software. In the event that applicable law does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential or other damages, in no event shall NAB (or its officers, employees, agents, insurers, contractors or representatives) be liable for damages, losses, and/or causes of action exceeding $100.
As long as you comply with the terms of this non-transferable Agreement, NAB grants to you a non-exclusive license to use the Software for the purpose described below:
- General Use. Following registration with NAB, you may install and use the Software for collection and analysis of viewer data from ATSC 3.0 devices.
- Your installed or backup copy of the Software may not be installed on computers accessible to the Internet in such a way as to permit the downloading of this Software by any third party.
- Intellectual Property Rights. The Software and any copies are the intellectual property of and are owned by the National Association of Broadcasters (NAB). The Software is protected by copyright, including without limitation by United States Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. In the development of ATSC 3.0 audience measurement and analysis, you may modify, adapt or translate the Software.
- You may create applications using the Software for development of additional data collection and analysis features/capabilities. Further, NAB has no objection to the sale of products utilizing the software. However, NAB shall under no circumstances be liable for any claim or demand by any third party based on or related to your use or sale of the Software or errors or alleged errors in the Software, including, without limitation, persons using your facilities or services or any user of any app that you develop using the Software. YOU AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND, AND HOLD HARMLESS NAB, ITS OFFICERS, EMPLOYEES, AGENTS, INSURERS, CONTRACTORS AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, DAMAGES, COSTS OR EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED OR SUSTAINED BY NAB OR SUCH OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES AS A RESULT OF ANY SUCH CLAIM OR DEMAND.
- Some functionality of the Software may entail the collection of anonymous usage and performance data. Any developer or user of the software consents to such collection and usage.
This Agreement will be governed by and construed in accordance with the laws and courts of the District of Columbia.
All rights to use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this license Agreement.