END USER LICENSE AGREEMENT (Apple Devices)
Notice to end-user (“You” or "User"): Your use of this application (“Licensed Application”) is governed by the legal agreement between You and COX consisting of any requirements or restrictions imposed by COX, service specific terms of each service used by You in connection with Your use of this Licensed Application, including, without limitation, the Terms and Conditions of Service, the Acceptable Use Policy, as well as the Annual Privacy Notice (found at http://www.cox.com) and the terms of this End User License Agreement (collectively, the “License Agreement”). “COX” means CoxCom, LLC whose principal place of business is 6205B Peachtree Dunwoody Road, Atlanta, GA 30328 or the COX entity with which you have contracted for Cox Services (the “Services”) in the geographic area where the service will be provided. You will be referred to in this End User License Agreement as a (“COX Residential End-User”). Carefully read these terms before downloading, installing, or using any Licensed Application on Your iPad, iPhone, iPod Touch, and/or Mac computer (each a “Device”) to the extent that COX has made the Licensed Application available on the applicable Device. This License Agreement is not with Apple. COX in its sole discretion will determine when the Licensed Application will be available on any Device listed above, and reference to any device in this License Agreement shall not guarantee that COX will launch the Licensed Application on such device or a specific date for such launch. COX may without notice in its sole discretion discontinue the Licensed Application on any or all Devices. You are also subject to the Apple App Store Terms of Service, which You also acknowledge that You have had the opportunity to review. COX may suspend Your use of the Licensed Application without notice and without liability to COX if you use the Licensed Programs in a manner that violates any COX terms or conditions and under certain circumstances including, without limitation, if you are violating any applicable laws or regulations, or engaging in conduct that is harmful to COX, third parties, or other subscribers. The Licensed Application is for personal, use consistent with the Services and may not be used for commercial purposes.
In order to use any Licensed Application, You must first agree to this License Agreement. You agree to the License Agreement by either (1) clicking to agree or accept where these options are made available to You, or (2) actually using the Licensed Application, either of which shall be the effective date of this License Agreement (“Effective Date”). If You do not agree to the terms of this License Agreement, do not click “agree” and/or do not download, install, or use this Licensed Application. In order to use this Licensed Application, You must be 13 years of age or older. If You are between 13 and 18 years of age, You must have Your parent’s or legal guardian's permission to use this Licensed Application.
COX recommends backing up all of Your data files before installation of this Licensed Application and periodically as You continue to use the Licensed Application. COX assumes no responsibility for any deletion or failure to store or view data on Your mobile device.
This Licensed Application, which is made available by COX for use only by COX Business End-Users on Your Device, is licensed, not sold, to You. There is currently no fee for Your receipt or use of the Licensed Application, provided that You use the Licensed Application strictly as permitted by this License Agreement and any requirements or restrictions imposed by COX. COX reserves the right to charge for this Licensed Application in the future. All content and/or websites including, without limitation certain social media websites, (“Content”) viewed through the Licensed Application using Your COX High Speed Internet or other Internet service may count toward Your COX High Speed Internet or other Internet monthly data usage plan. You acknowledge and agree that Your license to the Licensed Application is a binding agreement between You and COX. You agree that Apple and Apple’s subsidiaries are third party beneficiaries of this End User License Agreement between You and COX, and that Apple and Apple’s subsidiaries will have the right to enforce such License Agreement against You as a third-party beneficiary thereof. The Content, features, and functionality offered by the Licensed Application may differ and are subject to change without prior notice. The Licensed Application may be terminated by COX or no longer made available for download by Apple for any or no reason.
License Grant for Individual Personal Use
Subject to Your compliance with the terms of this License Agreement, including any documents and terms referenced herein, COX hereby grants to You a limited personal, revocable, non-exclusive, non-transferable license to use the Licensed Application. This license is solely for Your personal use. The Licensed Application should only be used in connection with Your use of the Services provided by COX and for no other purpose, and it is restricted to the COX Services to which You subscribe. The rights granted to You do not include any right to access, use or modify the source code of the Licensed Application, the Services, and/or the Content for any purpose. COX also grants You a limited, personal, revocable, non-exclusive, non-transferable license to use the Services and Content provided through the Licensed Application only in the manner presented and provided by COX. Except as expressly provided herein, COX does not grant to You any express or implied rights to COX’s or any third party's intellectual property. You may not sell, offer for sale, copy, modify, alter, create derivative works from, upload, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Services or Content in whole or any part thereof in any way, unless expressly permitted to do so by COX. You are also prohibited from in any way commercially exploiting any of the Services or Content.
Personal information provided by You shall be used by COX in connection with the Licensed Application for registration, login and related purposes. Such information may be shared with COX vendors and content providers. For other applicable privacy terms, see our Privacy Notice at https://www.cox.com/aboutus/policies/business-annual-privacy-notice.html, which is incorporated into this License Agreement by reference.
Consent to Use of Data
You agree that COX may collect and use technical and/or performance data and related information, including but not limited to, technical and/or performance information about Your device, system, Licensed Application, and peripherals. COX may also use data collected from the Licensed Application to make future service recommendations to You.
You agree to use the Licensed Application only in compliance with the terms of this License Agreement and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You shall not (i) use, copy, modify, alter, or transfer the Licensed Application or their documentation except as expressly provided in this License Agreement; (ii) translate, disassemble, decompile, reverse program, reverse engineer, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates or upgrades of the Licensed Application, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application); (iii) sublicense or lease the Licensed Application or its documentation; or (iv) use the Licensed Application on any device that You do not own or control, or distribute or make the Licensed Application available where it could be used in a manner other than as expressly permitted in this License Agreement. You may not use the Licensed Application on a device that has a firmware or software configuration that has not been authorized by Apple (“jailbroken”) device. You agree that the Licensed Application contains, transmits and allows access to the Services and Content. You may not alter, transmit or disassemble the Services or Content in any manner in whole or in part, including, without limitation, any taking or transmitting screen captures from the Content. No portion of the Licensed Application, Services, or Content may be reproduced or transmitted in any form or by any means that is not expressly permitted herein. You shall not exploit the Licensed Application, the Services, or the Content in any unauthorized way whatsoever. Any attempt to do so is a violation of the rights of COX and this License Agreement. If You breach these restrictions, You may be subject to prosecution and damages. COX may limit the number of users of the Licensed Application associated with any Customer and reserves the right to place additional restrictions and/or limitations on the use of the Licensed Application, Content, and/or the Services performed or provided by the Licensed Application (“Services”) or additional requirements in order to use the Licensed Application, Content and/or Services from time to time. You agree that You will not export or re-export the Licensed Application or accompanying documentation (or any copies thereof) in violation of any applicable laws or regulations of the United States. You agree to comply with all applicable United States and international export laws and regulations. These laws include restrictions on destinations, end users, and end use. You represent and warrant that You are not prohibited from receiving exports or services under United States or other applicable export laws.
You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to the download, installation and/or use of the Licensed Application. You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
Third Party Websites
The Licensed Application may contain links to third party websites (including certain social media websites) and applications or other separate COX applications. You understand that the links to third party websites are provided to you as a convenience and are not under the control or ownership of COX. The inclusion of any link to a third-party site or application is not (i) an endorsement by COX of the site or application, (ii) an acknowledgement of any affiliation with its operators or owners, or (iii) a warranty of any type regarding any information or offer on the site or application. Your use of any such third-party site or application is governed by the various legal agreements and policies posted at that site or in the application.
Special Rights for the License or Use by the U.S. Government
If Licensed Application is being used by or licensed to the United States Government, the following shall apply: The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Licensed Application" and "Commercial Computer Licensed Application Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Licensed Application and Commercial Computer Licensed Application Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
The Licensed Application contains or displays Content, proprietary information, and materials that are protected by applicable intellectual property and other laws, including, but not limited to, United States copyright and patent law and international treaty provisions. You acknowledge that no title to the intellectual property in the Licensed Application, Services, or Content shall be transferred to You as a result of Your acceptance of this License Agreement. You further acknowledge that title and full ownership rights to the Licensed Application and Content will remain the exclusive property of COX or its licensors, and You shall not acquire any rights to the Licensed Application, Services, or the Content except as expressly set forth in this License Agreement. You agree that You shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Licensed Application or displayed in any Content. In the event of a third-party claim that the use of the Licensed Application by You infringes a third party’s intellectual property rights, COX, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, but only to the extent it relates to Your use of the Licensed Application.
Maintenance and Support
As between COX and Apple, COX is solely responsible for providing any maintenance and support services with respect to the Licensed Application that COX may offer (which, if provided, is provided at COX’s sole discretion). You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Licensed Application.
To the maximum extent permitted by law, You agree to defend, indemnify and hold COX and its subsidiaries and affiliates, vendors, and licensors, and each of their respective directors, officers, employees and agents, harmless from and against any and all claims arising out of Your breach of this License Agreement or Your use of the Licensed Application, including any access to any social media sites, third party and/or Cox websites, or other applications through the Licensed Application, or Content in breach of the terms and conditions of this License Agreement.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION AND THE CONTENT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION, CONTENT, AND/OR ANY SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COX HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION, CONTENT, AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COX DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, CONTENT, AND/OR SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION INCLUDING, WITHOUT LIMITATION THE CONTENT, WILL MEET YOUR REQUIREMENTS OR WILL CONTAIN ANY OR ALL OF THE FUNCTIONALITY FOUND IN YOUR COX SERVICE OR ANY OTHER COX SERVICE, THAT THE OPERATION OF THE LICENSED APPLICATION, CONTENT, AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION, CONTENT, AND/OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COX OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION, CONTENT, AND/OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE EXTENT ANY WARRANTY REGARDING THE LICENSED APPLICATION ARISES BY LAW OR HAS NOT BEEN DISCLAIMED UNDER THIS AGREEMENT, COX, AND NOT APPLE, IS SOLELY RESPONSIBLE FOR SUCH WARRANTY. IF YOU ARE A COX END-USER, IF THE LICENSED APPLICATION FAILS TO CONFORM TO SUCH WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE (IF ANY) PAID FOR THE LICENSE TO THE LICENSED APPLICATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE LICENSED APPLICATION, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO THE WARRANTY IS COX’S SOLE RESPONSIBILITY.
COX and User acknowledge that COX, not Apple, is responsible for addressing any of Your claims or any third-party claims relating to the Licensed application or Your possession and/or use of the Licensed application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Limitation of Liabilities
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL COX, ITS SUBSIDIARIES AND AFFILIATES, AND/OR COX’S VENDORS AND LICENSORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, CONTENT AND/OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF COX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall COX's total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). Your sole and exclusive remedies under this License Agreement are as expressly set forth herein. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN COX’S AND ITS SUBSIDIARIES’, AFFILIATES’ AND VENDORS’ AND LICENSORS’ LIABILITY SHALL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
Licensed Application Updates
The Licensed Application which You use may automatically download and install updates from time to time. You agree to receive such updates (and permit the delivery of these to You) as part of Your use of the Licensed Application. You acknowledge that in some instances, updates may reduce or remove functionality in prior versions of the Licensed Application, or may impose new fees for use of the License, and/or Services. COX will inform You when new fees apply.
Content Accessed Through The Licensed Application.
You acknowledge and agree that the Licensed Application will provide access to Content. COX makes no representations or warranties regarding such Content. You acknowledge that Content owners may require additional authorization or authentication to access the Content through the Licensed Application.
You are responsible for all use of the Licensed Application made by You or anyone else using Your user name and password and for preventing unauthorized use of Your user name and password. If You believe there has been any breach of security such as the disclosure, theft or unauthorized use of Your user name and password, You must notify COX immediately. We recommend that You do not select an obvious user name or password and that You change your password regularly.
This License Agreement will commence on the Effective Date and continue until terminated by either You or COX as follows: If You want to terminate this License Agreement, You may do so by ceasing Your use of the Licensed Application and removing or destroying all copies of the Licensed Application You have obtained. COX may also terminate this License Agreement without notice if (1) You have breached any provision of this License Agreement, (2) COX is required to do so by law, and/or (3) COX decides to no longer make the Licensed Application available to You for any or no reason. Upon termination, whether by COX or You, all licenses to You under this License Agreement shall immediately terminate, and You agree to immediately cease using and destroy any copies of the Licensed application in your possession or control. Notwithstanding any termination of this License Agreement, the provisions herein entitled “Indemnification” and “Limitations on Liabilities” shall survive as well as any other provisions that by their nature should survive shall survive such termination and shall remain in effect.
Modifications to the License Agreement
COX reserves the right at its sole discretion to update, revise, supplement, and otherwise change the terms and conditions of the License Agreement, and impose new or additional rules, requirements, restrictions, policies, terms, or conditions (collectively, "Additional Terms") on Your use of the Licensed Application, Services, and/or Content, at any time and from time to time. Such Additional Terms will be effective immediately and shall be deemed incorporated into this License Agreement without need for further action. Your continued use of the Licensed Application will be deemed to constitute Your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
COX may provide You with notice with respect to the Licensed Application and any Additional Terms via email, U.S. mail, or by a posting on COX’s website, or the description of the Licensed Application on the Apple App Store website.
This License Agreement (including all incorporated and referenced documents) comprises the entire agreement between You and COX governing Your use of the Licensed Application (but excluding any products and services which COX may provide to You under a separate written agreement), and supersedes all prior agreements between You and COX in relation to the Licensed Application. This License Agreement shall not supersede, amend, or otherwise affect any other agreement or terms and conditions of service for the Services underlying or used in conjunction with the Licensed Application.
You agree that if COX does not exercise or enforce any legal right or remedy which is contained in the License Agreement (or which COX has the benefit of under any applicable law), this will not be taken to be a waiver of COX’s rights and that those rights or remedies will still be available to COX.
You acknowledge and agree that any company that COX controls, is controlled by, or is under common control with, shall be third party beneficiaries to this License Agreement and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the License Agreement which confers a benefit on (or rights in favor of) them.
This License Agreement, and Your relationship with COX under the License Agreement, shall be governed by the laws of the State of Georgia without regard to its conflict of laws provisions. You and COX agree that all court proceedings and arbitrations shall be in Fulton County, Georgia, with respect to any legal matter arising from this License Agreement. Notwithstanding the sentence immediately above, You agree that COX shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
In the event any provision of this License Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired.
Nothing contained in this License Agreement shall be construed to limit COX's rights and remedies available at law or in equity. Only COX may modify this License Agreement in its sole discretion. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. This License Agreement may not be assigned or transferred by You. This License Agreement is freely assignable by COX to third parties.
You may contact Us by email, telephone or letter with any questions, complaints or claims with respect to the Licensed Application at the contact information found at http://www.cox.com.
Last updated: May 2, 2018
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