Limited License. Cablevision hereby grants to you a non-exclusive, non-transferable, limited, license to download, install and use the App on your Device. All rights not expressly granted in these Terms are reserved. The App is provided in and may be used in machine-readable object code form only. No license is granted to you in the source code of the App.
Proprietary Rights. Cablevision shall have sole and exclusive ownership of all right, title, and interest in and to the App, all copies thereof, all derivatives thereof, and all modifications and enhancements thereto (including ownership of all copyrights and other intellectual property rights pertaining thereto). These Terms do not provide you with title or ownership of the App, but only a right of limited use.
Limitations on Use. You may not decompile, reverse engineer, translate, disassemble, modify, create derivative works of the App or in any way derive from the App any source code. You agree not to remove, alter, or obscure any product identification, proprietary, copyright, or other intellectual property notices contained or embedded within or on the App. Further, you may not, directly or indirectly, disclose, distribute or make commercial use of the App or incorporate the App into your products or software. You may not use the App in an attempt to circumvent technological measures implemented to control the rights to and access and use of any content, files or other material made available in or through the App.
Availability. The Live TV App is only available to residential Subscribers of iO who are in good standing. Subscribers must also have a valid Optimum ID to access the App. Live TV functionality is available to all video subscribers. On Demand and remote control functionality requires a digital set top box.
Export Restrictions. You agree that you may not use or export the App (i) except as consistent with these Terms and applicable United States law and (ii) into any US embargoed country. You represent and warrant that you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist" supporting country, and that you are not listed in any US government lists of prohibited or restricted parties.
Equipment. Access to and use of the Live TV App requires a Device , an Optimum cable modem and a secured home wireless network. Use of this App may involve the use of a wireless data service. Subscriber understands and agrees that Cablevision is not responsible for any data access charges that may be imposed by your underlying wireless data service provider when using the data service.
Information Practices. We may collect and use information regarding your use of the App and your Device in accordance with Cablevision's Customer Privacy Notice (posted at: http://www.optimum.net/Privacy/Sub) and Mobile Application Privacy Notice (posted at http://www.optimum.net/Privacy/Mobile). Subscriber understands and agrees that this information may include, but not be limited to, Device type and operating system information.
WARRANTY DISCLAIMER. CABLEVISION PROVIDES THE APP, THIRD PARTY SOFTWARE AND ANY THIRD PARTY MATERIALS ON AN "AS IS" AND "AS AVAILABLE" BASIS AND CABLEVISION HEREBY DISCLAIMS ANY AND ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE EXTENT PERMITTED BY LAW. CABLEVISION MAKES NO WARRANTY OR GUARANTEE THAT THE APP OR THIRD PARTY SOFTWARE SHALL BE UNINTERRUPTED OR ERROR-FREE AND SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY ERRORS, LOSSES, OR INTERRUPTIONS IN CONNECTION WITH SUBSCRIBER'S USE THEREOF, INCLUDING BUT NOT LIMITED TO INTERMITTENT SERVICE, SUITABILITY, ACCURACY OR COMPLETENESS OF CONTENT, ERRONEOUS DELETIONS, FAILED RECORDINGS, AND INABILITY TO ACCESS PROGRAMS OR PROGRAM INFORMATION AND OR OTHERWISE CONTROL THE IO SET TOP BOX.
Third Party Software. You acknowledge that use of the App may require software that is licensed, sold and/or provided to you by third parties and is included on your Device ("Third Party Software"). Notwithstanding any other provision of these Terms to the contrary, these Terms shall not be deemed to apply to any Third Party Software and such Third Party Software is subject to the terms and conditions of the license agreement between you and the licensor of the Third Party Software. Subscriber acknowledges and agrees that you shall only use Third Party Software on your Device that is authorized by your Device manufacturer.
Third Party Beneficiary. You understand and agree that Apple is a third-party beneficiary to this agreement. Upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third-party beneficiary of this agreement.
Support. Any questions or comments regarding the App should be directed to Cablevision at 1111 Stewart Avenue, Bethpage, NY 11714 or (866) 360-2758 or OptimumApp@cablevision.com.
Choice of Law. These Terms and any action for its enforcement shall be exclusively governed by, and construed in accordance with, the laws of the State of New York, without giving effect to conflicts of laws principles thereof.
Changes to the App and these Terms. Subscriber agrees that Cablevision may for any reason and without notice to Subscriber, modify or terminate the App without liability to Subscriber, any user or any third party. Cablevision may, in its sole discretion, change, modify, add or remove portions of these Terms at any time. Cablevision may notify Subscriber of any such changes to this agreement by posting notice of such changes on the Optimum website at http://www.optimum.net/Terms/OptimumApp, by written or electronic correspondence, or through an update - required or otherwise - to the App. The Subscriber's continued use of the App following notice of such change, modification or amendment shall be deemed to be the Subscriber's acceptance of any such modification. If Subscriber does not agree to any modification of these Terms, Subscriber must immediately cease using the App.
Effective April 8, 2013