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SlingPlayer Mobile for Pocket PC 1.5 (UK English)

SlingPlayer™ Mobile Free Trial Download

This Free Trial version of SlingPlayer Mobile is offered to provide our users with a preview of the powerful experience of viewing your own TV on your mobile phone.

SlingPlayer Mobile supports any type of Internet connection on your mobile device, including 3G cellular services such as UMTS and HSDPA, Wi-Fi, or USB PC-based connections.

Important: While there are no additional monthly fees or recurring charges for the use of SlingPlayer Mobile, some network operators may charge extra tariffs for using your cellular data connection. Ask your network operator about their current data charges and your data plan specifically before using the SlingPlayer Mobile. To avoid any unpleasant cell phone charges at the end of the month, we strongly recommend an unlimited data plan at a flat rate.

If you would like to continue using the software after the 30-day free trial period, you can come back to our Store and purchase a Registration Key for SlingPlayer Mobile.

To download this Trial version, you must accept all the terms and conditions contained in the Software License Agreement below.

End User License Agreement

The following Software License Agreement applies to all users downloading Slingplayer Mobile outside of the United States of America and supersedes the End User License Agreement that may accompany the Slingplayer Mobile software, including the End User License Agreement that may be displayed during the installation process.

SLINGPLAYER MOBILE SOFTWARE LICENSE AGREEMENT

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE SOFTWARE OR ANY ACCOMPANYING DOCUMENTATION.  THE TERMS OF THE SOFTWARE LICENSE AGREEMENT COVER THIS SOFTWARE, THE SOFTWARE AND FIRMWARE EMBEDDED IN YOUR SLINGBOX, AND ANY ACCOMPANYING DOCUMENTATION (COLLECTIVELY, THE “SOFTWARE”).

WHAT IS THIS DOCUMENT?

This software license agreement (the "Agreement") forms part of an agreement between Sling Media Inc. ("Sling Media") and you.

Sling Media needs to have an agreed, written record of the terms and conditions upon which we will make the Software available for your use to ensure that you understand your rights and obligations.  To ensure this certainty, Sling Media will not agree to any changes to this Agreement unless Sling Media has agreed to them in advance and in writing.

This Agreement is intended to comply with all of your statutory rights as a consumer.  In cases of any uncertainty in regard to any term or terms in this Agreement, your statutory rights will always take priority over this Agreement.

TERMS AND CONDITIONS

THE TERMS AND CONDITIONS OF THIS AGREEMENT GOVERN YOUR USE OF THE SOFTWARE UNLESS YOU AND SLING MEDIA HAVE EXECUTED A SEPARATE AGREEMENT PERTAINING TO THE SOFTWARE.

In order to use and access your Slingbox through your mobile device, you must use this Software.  Sling Media is willing to license the Software to you upon the terms and conditions contained in this Agreement.  It is important that you carefully read the terms and conditions set out below before downloading, installing, or using the Software.
ONLY CLICK ON THE “ACCEPT” BUTTON BELOW OR DOWNLOAD, INSTALL OR USE THE SOFTWARE, IF YOU WISH TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS BELOW.
IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF THIS AGREEMENT, PLEASE CLICK THE “DECLINE” BUTTON; DO NOT THEN DOWNLOAD, INSTALL, COPY, ACCESS OR MAKE ANY OTHER USE OF THE SOFTWARE.   
If you do not accept all the terms of this Agreement you may return the Software for a full refund.

1.    Grant of License
Sling Media grants a limited license for you, as a single user, to install and use the executable form of the Software on a single mobile computer device owned or controlled by you.  This license may not be transferred by you to any third party and is non-exclusive, as Sling Media may grant the same or similar licenses to other third parties.

The license granted to you by Sling Media is solely for your personal, lawful, non-commercial use in connection with a Slingbox owned by you and connected to an audiovisual source that you are lawfully entitled to view.

You may make a single copy of the Software for backup purposes, provided that you reproduce on it all copyright and other proprietary notices that are on the original copy of the Software.

Sling Media reserves all rights in the Software not expressly granted to you in this Agreement.  If Sling Media provides you with any update to the Software (“Update”), your use of such Update will be governed by the terms and conditions of this Agreement or other terms and conditions that relate to such Update.  
All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "Marks") of Sling Media are and shall remain the exclusive property of the Sling Media.  Nothing in this Agreement shall grant you the right or give you permission to use or reproduce any of these Marks.

2.    Restrictions.  
This Software is protected by the copyright laws and other intellectual property laws of the country or countries in which you use the Slingbox and the Software.  Each country will have different laws and regulations that will apply to the way in which you receive content through the Slingbox.  It is your own responsibility to familiarize yourself with the relevant laws and to comply fully with such laws.

YOU AGREE THAT THE SOFTWARE AND THE SLINGBOX WILL BE USED SOLELY FOR YOUR OWN PRIVATE AND PERSONAL PURPOSES, AND YOU WILL NOT PUBLICLY SHOW OR OTHERWISE MAKE AVAILABLE TO THE PUBLIC ANY CONTENT DELIVERED THROUGH THE SLINGBOX.

Except as expressly specified in this Agreement, you may not:

•    copy or modify the Software; 
•    transfer, sublicense, lease, lend, rent or otherwise distribute the Software to any third party; or 
•    make the functionality of the Software available to any other user through any means, including but not limited to, uploading the Software to a network or file-sharing service or through any hosting, application services provider, service bureau or any other type of services.  
•    
You may only use the Software in connection with your personal Slingbox that you have purchased, and you may not use the Software to access or attempt to access another party’s Slingbox, nor may you use the Software for any illegal activity.

You may not share your administrator password, user password or your Slingbox Finder ID with any third party.

The Software, including but not limited to the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Sling Media and third parties.

You shall not disassemble, decompile, “hack” into or otherwise reverse engineer the Software, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law.

You are solely responsible for any data or mobile telecommunications charges incurred by you as a result of your use of the Software, and you shall comply with the terms and conditions of any data, telecommunications, Internet, broadcast or broadband service provider in connection with your use of your Slingbox and the Software.

Sling Media Inc. is not responsible or liable for your use of the Slingbox.

3.      Privacy.  
Personal data obtained by Sling Media from you shall be held and processed in accordance with all applicable data protection laws and in accordance with Sling Media's privacy policy which is published at: www.slingmedia.com.

4.    Ownership.  
The Software is licensed to you and not sold.

You own the media on which the Software is recorded, but Sling Media retains ownership of the Software, including all intellectual property rights in the Software.  The Software is protected by the intellectual property laws of the United States and international treaties and the copyright laws of the countries in which you may use the Software.

You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Software as delivered to you.

5.    Support.  
If you encounter any problems using the Software, please contact www.slingmedia.com for support information.  During the applicable warranty period, Sling Media will use reasonable efforts to respond to any problems you may encounter using the Software.

6.    Term and Termination of this Agreement.  
This Agreement remains in force between you and Sling Media until terminated.

You may terminate this Agreement at any time by destroying all copies of the Software in your possession or control.

This Agreement will automatically terminate without notice if you breach any term of this Agreement, in which case you must promptly destroy all copies of the Software in your possession or control.   If you breach this Agreement but then inform Sling Media promptly, Sling Media will normally give you an opportunity to put matters right within a reasonable time unless your breach is a serious misuse of the Software.

7.    Statutory Rights and Limited Warranty in relation to the Software.

Sling Media warrants that the Software will be of satisfactory quality and fit for its normal purpose.  The Software will be suitable for use in a general, non commercial environment and in a manner consistent with the functionality and specifications set out in the Software description.

If the Software is provided to you on physical media, Sling Media warrants that the media on which the Software is provided will be substantially free from defects in material and workmanship for a reasonable period, normally a 90-day period after the date of your purchase of the Software.

Sling Media shall replace any defective media returned to Sling Media within a reasonable period (normally a 90-day period) and with reasonable skill and care.   Also, Sling Media warrants that for a reasonable period (normally 90 days) following the date of purchase or download that the Software will substantially perform in accordance with the documentation.

During the limited warranty period (normally a 90-day period) Sling Media shall, at its option, correct or replace the non-conforming Software free of charge or refund your purchase price for the Software.

The warranties set forth in this Section 7 do not apply to the extent that: (i) Sling Media provides you with the Software (or portions of the Software) for beta, evaluation, testing or demonstration purposes; (ii) you have not properly used or installed the Software in accordance with the documentation; or (iii) you have modified, combined or altered the Software in any way.

8.    Disclaimer 
 SLING MEDIA EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS OTHER THAN THE WARRANTIES ESTABLISHED IN SECTION 7, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, TO THE EXTENT PERMITTED BY MANDATORY  LAW.
 
 Other than those set out in Section 7, Sling Media does not give any other promises, guarantees,  or warranties about the Software.
 
  9.    Sling Media's responsibility to you.  
  Sling Media accepts unlimited liability in respect of death or personal injury caused to you by Sling Media's negligence and for any liability arising under the Consumer Protection Act of 1987.  Sling Media will not limit this responsibility.
  Sling Media also accepts responsibility for loss or damage to your physical property caused by the Software or arising from our deliberate misconduct or negligence.  We will pay up to £10,000 in any 12 month period for this loss or damage.
  
  Sling Media also accepts liability for direct, reasonably foreseeable (expected) losses arising as a direct consequence of breach by Sling Media of its statutory duty.
  
  Sling Media shall not be liable in such circumstances where the causes or potential causes of the loss:
  
  •    were not reasonably foreseeable (expected); and/or
  •    arose as a result of the use of the Software or the Slingbox for purposes other than those contemplated in Sections 1 and 2 or the documentation; and/or
  •    were reasonably foreseeable and preventable by you, such as, but not limited to: virus damage, data or information lost because you have failed to maintain back-ups or copies, or problems inflicted by you or as a result of using the Software or Slingbox other than in accordance with the documentation or this Agreement.
  Except as described in the first two paragraphs of this Section 9, Sling Media will not pay you more than £10,000 in compensation (even if we have been negligent) in any 12 month period.
  Sling Media has no obligation to compensate for any financial loss, loss of profit, anticipated savings, loss of or corruption to data or for any loss that could not have been reasonably foreseen (expected) considering the Software is for personal use only and not for use in connection with any business.
  
  10.    Government Users.  
  The Software and its documentation are “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in FAR 12.212, DFAR 252.227-7014, and DFAR 252.227.7202.  Any use, duplication, or disclosure of the Software or its documentation by or on behalf of the U.S. government is subject to restrictions as set forth in this Agreement.Sling Media, Inc. 1051 E. Hillsdale Blvd, Suite 500, Foster City, California 94404.
  
  11.    Export Law.  
  You are advised that the Software is subject to export laws (including export laws of the United States, European Union and Hong Kong) and regulations and laws of the country where it is delivered or used.   Under these laws neither the Software nor any technical data related to the Software may be sold, leased or transferred to any country or end-user prohibited by, such laws and regulations.  You agree to be bound by these laws.
  
  12.    General.  
  This Agreement is to be interpreted in accordance with the laws of the country in which you live at the time a dispute arises from the Agreement and any such dispute will be subject to the exclusive jurisdiction of the courts where you are resident.
  You must not transfer this Agreement, as it is personal to you, without written authority from Sling Media.  This authority will not be refused without good reason. 
  If you breach this Agreement including any of its terms or conditions and Sling Media takes no action, Sling Media will still be entitled to exercise its rights and remedies in any situation where you breach this Agreement.
  The original of this Agreement has been written in English, and that version will apply if there is any dispute between Sling Media and you.  Les parties aux présentes confirment leur volonté que cette convention, de même que tous les documents, y compris tout avis, qui s′y rattachent, soient rédigés en langue anglaise.
  13.    Contact Information.  If you have any questions regarding this Agreement, you may contact Sling Media at legal@slingmedia.com.
  
  ONLY CLICK ON THE “ACCEPT” BUTTON BELOW OR DOWNLOAD, INSTALL OR USE THE SOFTWARE, IF YOU WISH TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS IN THE AGREEMENT.
  OTHERWISE, PLEASE CLICK THE “DECLINE” BUTTON.
  
  Last Updated:  April 15, 2007

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