1.1.3. “Application” is “Perfect Player” application, that exists in the forms of mobile Android application available on Google Play (Perfect Player IPTV) and desktop application for Windows available for download from the Website. The Application is designed to play back the Content, and is intended for personal use.
1.1.4. “Content” is IPTV channels and playlists, as well as other media material stored on User’s device, in file formats that can be played back via the Application.
1.1.5. “Website” is the website hosted in domain http://niklabs.com/ . The Website contains links for downloading of Application installation files.
2. LICENSE TO USE THE APPLICATION
2.1. When You download the Application from Google Play or the Website, Niklabs grants You a limited, non-exclusive, non-transferable, worldwide, revocable, personal, royalty free license to use the Application on a single Google Play account and on multiple devices and solely for the intended purpose of the Application within its functionality as designed by Niklabs.
2.2. When You use the Application You agree to adhere to the following restrictions:
2.2.1. You shall not to or enable others to use the Application to store or transmit infringing, libelous, or otherwise unlawful or tortious materials, or to store or transmit any materials in violation of third-party privacy and/or intellectual property rights;
2.2.2. You shall not to or enable others to use the Application to store or transmit any malicious code;
2.2.3. You shall not to or enable others to interfere with or disrupt the integrity or performance of the Application or third-party data contained therein;
2.2.4. You shall not to or enable others to attempt to gain unauthorized access to the Application or its related systems or networks;
2.2.5. You shall not to or enable others to modify, copy, or create derivative works based on the Application or any part, feature, function or user interface thereof, without Niklabs’ prior written consent;
2.2.6. You shall not to or enable others to decrypt, disassemble, reverse engineer, attempt to derive the source code of, or decompile the Application, except to the extent permitted by applicable laws;
2.2.7. You shall not to or enable others to sell, resell, license, sublicense, distribute, make available, rent or lease the Application or any its part.
2.3. The User shall ensure that its use of the Application does not contravene the requirements of any applicable laws and regulations and does not infringe intellectual property rights of third persons including, but not limited to, copyright and related rights. Any Content data file, text, software, music phonographs, audio files, photos, videos or any other form of audiovisual data displayed by, stored on, or accessed through the Application belongs to the respective Content owners. Such Content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms and conditions of the third party providing such Content. The Application may be used to play back Content so long as such use is limited to the playback of non-copyrighted Content, Content in which the User owns the copyright, or Content that the User is authorised or legally permitted to play back.
2.4. Subject to the limited rights expressly granted herein, Niklabs reserves all of the right, title and interest in and to the Application including all of its related intellectual property rights. No rights are granted to User hereunder other than as expressly set forth herein.
2.6. If Your License is revoked, you shall immediately cease the use of and delete the Application and all its copies that you have made.
3. PRICES AND PAYMENTS
3.1. The desktop version of the Application can be downloaded from the Website and used by the User for free.
3.2. By downloading the Application from Google Play for free the User gets the access to the use of the “Free version” of the Application. The User has in option to buy the access to the use of the “Full version” of the Application via in-app purchases.
3.3. The relevant price for access to the use of the “Full version” of the Application version for Android is displayed on the Application page on Google Play.
5. NIKLABS’ OBLIGATIONS AND RIGHTS
5.1. Niklabs shall provide normal and uninterrupted operation of the Application and carry out its maintenance and updating in order to ensure the User’s access to the Application and its normal use.
5.3. Niklabs has the right to modify the Application, change its design, add new features, stop providing the Application in any way at Niklabs’ sole discretion without the User’s prior consent.
5.4. Niklabs may from time to time download and install automatic updates of the Application version for Android, if You enabled automatic updates in your Google Play account settings.
5.5. Niklabs has the right to promote the Application, post advertising materials on any part of the Application and the Website including, but not limited to, contextual advertising, banners, online video, animation and advertising commercials.
5.8. Niklabs has the right to change the Application prices at Niklabs’ sole discretion without prior notice of the User.
5.9. Niklabs reserves the right to refund paid amounts at its sole discretion in case of User’s technical inability to use the Application.
6. USER’S RIGHTS AND OBLIGATIONS
7. PARTIES’ LIABILITY
7.1. The Application is provided to You on an “AS IS” basis. Therefore, Niklabs disclaims all warranties, express or implied, including any implied warranties of non-infringement, merchantability, fitness for a particular purpose, quality, performance or non infringement upon any patent, trademark, copyright or other-intellectual property rights of any other party.
7.2. Niklabs is not liable for any consequences of the Application operation and for its meeting of the Users’ expectations and requirements. Niklabs makes no warranty that the Application will be free from errors or bugs.
7.3. Niklabs shall not be liable for non-performance or improper performance of Niklabs’ obligations due to failures in the telecommunications and energy networks, actions of malicious programs, removal and/or failure of the software/hardware systems of Niklabs, as well as unfair actions of third persons to obtain unauthorized access, and other circumstances beyond Niklabs’ reasonable control.
7.4. Niklabs is totally separated from the Content, therefore Niklabs shall not be liable for the nature, genuineness and safety of such Content as well as for its compliance with any applicable laws and the Users’ rights for its distribution and/or use.
7.5. Niklabs is not responsible for examining or evaluating the Content in any way, and it is Users’ sole responsibility to comply with any applicable intellectual property and other laws and regulations.
7.6. You understand that by using the Application, you may encounter Content that may be deemed offensive, indecent, or objectionable, which may or may not be identified having explicit language. Therefore you agree to use the Application and Content at your sole risk, and You acknowledge that Niklabs shall have no liability to you for any Content.
7.7. If Niklabs is found liable for the User’s violation of the rights and/or interests of third persons as well as other provisions of law, the User shall fully reimburse the losses suffered by Niklabs in connection with such violation.
8.5. Details of Niklabs Software contracting entity and contact information:
Email address: firstname.lastname@example.org