Features and Functions. The Live TV Feature makes available for viewing in your residence through a Device certain channels and other content offerings which are authorized by your service level and account status (e.g., iO Silver service level) and only such channels and content offerings, subject to the availability (as a result of technical and other considerations) of such channels and content offerings through the Live TV Feature. Optimum App for Laptop allows Subscribers with an eligible DVR enabled set top box and DVR service to access DVR features and functionality for those programs within Subscriber's subscribed tier of iO service.
Restrictions on Use. Subscriber agrees that his/her use of and access to the Optimum App for Laptop shall only be for personal and noncommercial use. Subscriber further agrees that he/she will use the Live TV Feature on a Device only within the boundaries of his/her residence, and expressly warrants that he/she will not use the Live TV Feature for any purpose while the Subscriber or the Device running the Live TV Feature is physically located outside of his/her residence. Subscriber agrees that he/she shall not use any software, system, device or other technology to enable the Optimum App for Laptop to be used in any manner or for any other purpose other than as expressly permitted hereunder. For example, Subscriber may not view the Live TV Feature through a virtual private network. Subscriber understands and agrees that Cablevision will be using fraud prevention software to detect efforts to circumvent these restrictions and that Cablevision reserves the right, in its sole discretion, to restrict access to the Live TV App based on suspicion of VPN use or other violation of this provision. Other features of the Optimum App for Laptop, including channel guide and search may be available outside of his/her residence. A maximum of eight (8) Devices may be associated with one Subscriber's account. No more than two (2) Devices associated with a Subscriber's account may simultaneously view channels and content offerings through the Live TV Feature. You may not use the Software 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 Software or the Optimum App for Laptop. You may not run the software simultaneously with any program, code or command that functions to bypass any use restrictions in this agreement or evade detections software.
Availability. The Live TV Feature is only available to residential Subscribers of iO who are in good standing. Subscribers must also have a valid Optimum ID to access the Optimum App for Laptop.
Equipment and Software. In order to access and use the Optimum App for Laptop, the Optimum App for Laptop software (the "Software") must be downloaded by the Subscribers onto the Device located behind a Cablevision modem. Subscriber acknowledges and agrees that he/she shall be solely responsible for installing the Software on their Device. Subscriber further acknowledges and agrees that his/her use of the Optimum App for Laptop and the Software shall be subject to the Optimum App for Laptop End User License Agreement. Microsoft Silverlight must also be installed on the Device in order for the Optimum App for Laptop to function. Access to and use of the Live TV Feature requires an Optimum cable modem. Access to and use of the Optimum App for Laptop requires a Device that meets certain minimum system requirements.
Information Practices. We may collect and use information regarding your use of the Optimum App for Laptop and your Device in accordance with Cablevision's Customer Privacy Notice. 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 OPTIMUM APP FOR LAPTOP, THE SOFTWARE, 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 OPTIMUM APP FOR LAPTOP, THE SOFTWARE, 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, INABILITY TO ACCESS PROGRAMS OR PROGRAM INFORMATION, erroneous deletions, failed recordings, and inability to schedule recordings.
Third Party Software. You acknowledge that use of the Optimum App for Laptop may require software that is licensed, sold and/or provided to you by third parties ("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.
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 Optimum App for Laptop and these Terms. Subscriber agrees that Cablevision may for any reason and without notice to Subscriber, modify or terminate the Optimum App for Laptop 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/OptimumLaptop, or sending notice via e-mail or postal mail. The Subscriber's continued use of the Optimum App for Laptop 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 Optimum App for Laptop.