Last revised: March 14, 2012
This End-User License Agreement and Notice (“Agreement”) governs your use of the Bright House TV Client Application (the “Software”) produced by Bright House Networks, LLC (“BHN”).
The following rules may be modified from time to time. Continued use of the Software by you will constitute your acceptance of any changes or revisions to this Agreement.
Your failure to follow BHN’s rules, whether listed below or in supplemental notices posted at various points in the Software, may result in termination of your access to the Software, without notice, in addition to BHN’s other remedies.
1. Registration and Account Creation. You may be required to provide BHN with certain registration information. You agree and represent that all registration information provided by you is accurate and up to date. If any of your registration information changes, you must update it by visiting the My Services section of BHN’s website at https://profile.brighthouse.com/residential/login/ for residential customers or https://profile.brighthouse.com/business/login/ for Business Solutions customers.
2. Fees and Payment. Upon prior notice to you, BHN may charge you fees for the Software or for services provided by BHN and enabled by the Software. Any fees and payment thereof will be governed by the terms of your Bright House Networks Agreement for Residential Service or Bright House Networks Business Solutions Services Master Agreement, as applicable (the “Service Agreement”). In the event of nonpayment of fees for any reason, BHN reserves the right to either suspend or terminate your account and all its obligations under this Agreement.
3. License Grant. BHN hereby grants to you and you accept a limited, non-exclusive, non-transferable, revocable license to install and use the object code version of the Software solely for your own reasonable, personal, non-commercial (if you are a residential customer) use of BHN’s Bright House TV service in your home (if you are a residential customer) or place of business (if you are a Business Solutions customer) within the United States. You agree not to (a) make copies of the Software other than for backup purposes, (b) transfer, sub-license, resell, lease, lend, export, distribute, display, publish, modify, decompile, reverse engineer, or create derivative works from, all or any part of the Software, (c) view or manipulate any source code version of the Software, or (d) provide access to the Software to any other person or entity, in any way, including but not limited to communicating any passwords or access codes.
4. Term. This Agreement commences on the day you access the Software. In the event you breach any provision of this Agreement, this Agreement will automatically terminate in the event you do not cure such breach within three (3) days after such breach.
5. BHN's Rights; Your Obligations. You acknowledge that the Software is the sole and exclusive property of BHN. By accepting this license you do not become the owner of all or any part of the Software. You further agree not to assign this Agreement to any person or entity without the prior written consent of BHN. You agree that you will use your best efforts and take all reasonable steps to protect the Software from unauthorized reproduction, publication, disclosure or distribution. You agree to promptly provide BHN with written notice of any unauthorized reproduction, publication, disclosure or distribution. Your use of the Software is subject to a number of restrictions, which include the following:
The programming, data, graphics and related information you access when using the Software (“Content”) constitutes part of BHN’s “Services,” as that term is defined and used in your Service Agreement. You may not copy, publicly perform or retransmit the Content.
6. Disclaimer of Warranty and Support. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT UPGRADES, MAINTENANCE OR SUPPORT OF ANY KIND. BHN MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE OR ANY SERVICE ENABLED BY THE SOFTWARE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY, QUIET ENJOYMENT, ABSENCE OF VIRUSES OR OTHER HARMFUL CODE, AND NONINFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY AND SPECIFICALLY DISCLAIMED. BHN DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BHN OR ANY BHN REPRESENTATIVE SHALL CREATE A WARRANTY. You acknowledge that the Software is not intended for use in the operation of nuclear facilities, aircraft navigation, or air traffic control machines, or in any other context where failure of the Software could lead to death, personal injury, or severe physical or environmental damage.
7. Limitation of Liability. BHN DISCLAIMS ANY AND ALL LIABILITY FOR THE ACCURACY OR CORRECTNESS OF THE INFORMATION IN THE SOFTWARE AND FOR ANY LOSS OR DAMAGE CAUSED BY BHN OR THE SOFTWARE OR ANY ERRORS OR OMISSIONS IN THE SOFTWARE. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL BHN BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SOFTWARE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF BHN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL BHN’S TOTAL LIABILITY TO YOU OR ANY OTHER PARTY, UNDER ANY REMEDY OR THEORY OF LAW, EXCEED THE TOTAL AMOUNT PAID TO BHN BY YOU FOR THE USE OF THE SOFTWARE.
8. Termination of Access to Software. BHN has the right to terminate your access to the Software, for any reason, without notice.
9. Third-Party Terms and Conditions.
or by phone or e-mail at your local BHN office listed on the Contact Us section of BHN’s website at http://brighthouse.com/corporate/support/contact.
11. Jurisdiction. You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of New York and the United States applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in a state or federal court in New York, New York. In addition, you agree to submit to the exclusive personal jurisdiction and venue of such courts.
12. Force Majeure. BHN shall not be liable for delays in performing or failure to perform this Agreement or any obligations hereunder, which are directly attributable to causes beyond its reasonable control, including but not limited to, acts of God, fires, strikes, labor disputes, war, acts or intervention by any governmental authority, failure of a common carrier, supplier, hardware, software, browser, or communications equipment, or network failure, congestion, or malfunction.
13. Complete Agreement. This Agreement constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding except as set forth above
Please read the terms of this Agreement carefully. By clicking on the "Yes, I agree!" button below you are accepting and agreeing to the terms of this Agreement with BHN. If you are agreeing to this Agreement on behalf of a company, you represent that you are authorized to bind the company to such a license. If you do not meet this criterion or you do not agree to any of the terms of this Agreement, please click on the "No, I disagree!" button below or exit this page.
Serviceable areas only. Some restrictions apply. Products and price of equipment and services subject to change.
© 2014 Bright House Networks. All rights reserved.
Your California Privacy Rights