By using and/or accessing the SXFI App, you agree to be bound by these terms and conditions (“Terms”). These Terms are between you and Creative only. You agree to comply with any applicable third-party terms, when using the SXFI App; in the event of any inconsistencies between any applicable third-party terms and these Terms, these Terms herein shall prevail.
Subject to the foregoing, Creative Technology Ltd and/or its affiliates (collectively referred to as “Creative”) hereby grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable, and non-assignable license to use or access the SXFI App solely for non-commercial purposes. Any digital content output through the SXFI App (“User Content”) shall only be used for personal and non-commercial consumption or purposes. Except for the rights expressly granted herein, you acknowledge that all other rights, including without limitation intellectual property rights (e.g. trademarks, copyrights, registered designs, patents, know-how and other applicable rights) relating to the SXFI App, remain with Creative. Any and all rights in the SXFI App shall remain the exclusive property of Creative and/or its licensors. If you are using the SXFI App on behalf of an organisation (such as your employer), you are agreeing to these Terms for that organisation, and represent that you have the authority to bind that organisation to these Terms; in which event, “you” and “your” refer to that organisation.
1. Restrictions on Use of SXFI App and/or User Content. You undertake and agree not to:-
a) Use the SXFI App and/or User Content commercially, for benchmarking, public performance or broadcasting, or to compile information for a product or service;
b) Copy, modify, (re)distribute, post, (re)transmit, communicate, display, perform, reproduce, broadcast, “mirror”, duplicate, publish, republish, stream, upload, sublicense, offer for sale, rent or lease, transfer or assign the SXFI App and/or User Content or other information contained in or obtained from the SXFI App and/or User Content to any third party by any means, except as provided for in these Terms, or where such use would not violate any applicable right, or with the prior written consent of Creative;
c) Decompile, disassemble, create derivative works, or otherwise reverse engineer the SXFI App, or engage in any other activities to obtain underlying information that is not visible to the user in connection with the normal use of the SXFI App, except as provided for in these Terms, or where such use would not violate any applicable right, or with the prior written consent of Creative;
d) Use the SXFI App and/or User Content in conjunction with any stream-ripping, stream capture or similar software to record or create a copy of the SXFI App and/or User Content that is presented to you in streaming format;
e) Use the SXFI App and/or User Content as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted and only in the exact manner provided herein;
f) Attempt to, or assist, authorise or encourage others to circumvent, disable or defeat any of the security features or components that protect, obfuscate or otherwise restrict access to the SXFI App and/or User Content; and
g) Remove any watermarks, labels or other legal or proprietary notices included in the SXFI App and/or User Content, or attempt to modify the SXFI App and/or User Content, including any modification for the purpose of disguising or changing any indications of the ownership or source of the SXFI App and/or User Content.
2. Restrictions on Use of Intellectual Property. You undertake and agree not to:-
(a) Post, utilise or otherwise make available any other party's intellectual property unless you have the right to do so, or remove or alter any copyright, trademark or other proprietary notice contained in the SXFI App and/or User Content; and
(b) Post any trade secrets or other confidential information, or any material in relation to the SXFI App and/or User Content that you do not have a right to make available under any law or under contractual or other relationships, including but not limited to inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements.
3. Indemnity. You agree to defend, indemnify and hold harmless Creative and its affiliates, service providers, distributors, licensors, officers, directors and employees, from and against any and all losses, damages, liabilities, and expenses arising out of any claim or demand (including reasonable attorneys' fees and court costs), due to or in connection with your violation of these Terms or any applicable law or regulation, or third-party right.