Features and Functions.
The Live TV App makes available for viewing in your residence, through a Device, the channels and other content offerings which are authorized by your service level and account status (e.g., Optimum TV 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 App. The Live TV App also allows Subscribers to use their Device as a remote control and control their Optimum TV digital set top boxes. Subscriber understands and agrees that Cablevision reserves the right to modify the Live TV App, and the features and functionality thereof, at any time without notice to you. The App also enables Subscribers that subscribe to both Optimum Online and Optimum TV to manage their Optimum TV DVRs remotely through their Device. Use of the Optimum TV DVR through the App is subject to the Agreement for Web DVR (posted at https://www.optimum.net/pages/Terms/WebDVR.html).
Restrictions on Use.
Subscriber agrees that his/her use of and access to the App shall only be for personal and noncommercial use. Subscriber further agrees that he/she will use the Live TV App on a Device only within the boundaries of his/her residence, and expressly warrants that he/she will not use the Live TV App for any purpose while the Subscriber or the Device running the Live TV App 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 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 App through a virtual private network. Other features of the App, including channel guide, Search, and management of their Optimum TV DVR, subject to the Agreement for Web DVR (posted at https://www.optimum.net/pages/Terms/WebDVR.html), may be available outside of his/her residence. In order to access the Live TV APP, Subscribers also agree to password-protect their home router to ensure the security of their in-home wireless network. (This is in addition to the fact that the underlying television signals delivered from Cablevision's headend are themselves encrypted all the way to the Device.) A maximum of eight (8) Devices may be associated with one Subscriber's account. No more than three (3) Devices associated with a Subscriber's account may simultaneously view channels and content offerings through the Live TV App. A Subscriber may not use Airplay to transfer any audio and/or video content viewed through the Live TV App to any other device inside such Subscriber's home.
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.
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.
The Live TV App is only available to residential Subscribers of Optimum TV 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.
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.
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.
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 https://www.optimum.net/pages/PrivacyExisting.html#cablevision-customer-privacy-notice) and Mobile Application Privacy Notice (posted at https://www.optimum.net/pages/PrivacyExisting.html#cablevision-mobile-application-privacy-notice). Subscriber understands and agrees that this information may include, but not be limited to, Device type and operating system information.
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-partybeneficiary of this agreement.
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 November 18, 2013