CIM Website and Beta Software Agreement
IMPORTANT--READ CAREFULLY
IF YOU DO NOT AGREE TO THE TERMS OF THIS CIM WEBSITE AGREEMENT (“AGREEMENT”), THEN DO NOT USE THIS WEBSITE. BY USING THIS WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS.
  1. Grant of Limited License . Comcast Interactive Media, LLC (“CIM”) grants you, without additional fee or charge, a nonexclusive, limited, revocable, personal, and non-transferable license, with restrictions as described below, to use this website at http://labs.comcast.net/ (“Website”) and any pre-release, “beta” software program, provided to you in connection with this Website (the “Beta Software”), which includes any documentation accompanying the Beta Software, for the sole purpose of using the Beta Software with the Comcast High-Speed Internet service or any other service specified by CIM, and to make one (1) backup copy of the Beta Software, provided that (i) the Beta Software is installed on only the number of personal computers authorized by CIM (which number shall be one (1) unless otherwise agreed to by CIM), (ii) the Beta Software may NOT be modified; (iii) all copyright notices are maintained on the Beta Software; and (iv) you agree to be bound by all the terms of this Agreement. The Beta Software and this Website are not for use in the operation of a business or service bureau or for the benefit of any other person or entity.

  2. No Ownership Rights. You have no ownership rights in this Website or the Beta Software. Rather, you have a limited license to use this Website and the Beta Software as long as this Agreement remains in full force and effect. Ownership of this Website and the Beta Software and all intellectual property rights therein shall remain at all times with CIM and/or its licensors. Any use of this Website and the Beta Software by any other person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this Agreement.

  3. Third Party Software. There may be software programs contained within the Beta Software that have been licensed to CIM by third parties. The term “Beta Software” as used herein shall refer to such third party software except where the term Beta Software refers expressly to the ownership or other specific rights of CIM. The same terms and conditions, including all limitations and restrictions, set forth in this Agreement apply to each third party software program contained in the Beta Software.

  4. Intellectual Property. This Website and the Beta Software contain material that is protected by United States copyright, patent, trade secret, and other intellectual property laws, and by international treaty provisions. All rights not specifically granted to you herein are reserved to CIM and to any third party with ownership rights in this Website and the Beta Software and documentation used in the Beta Software. You may not remove any proprietary notice of CIM or any other party from any copy of the Beta Software or documentation.

  5. Restrictions and Requirements; Submissions.

    1. This Agreement is your proof of license to exercise the rights granted herein. In order to satisfy your obligations hereunder and to maintain the confidentiality of the Beta Software, you must take reasonable steps to protect the Beta Software consistent with the license restrictions set forth herein and CIM’s and other third parties’ ownership rights in the Beta Software, including informing anyone permitted access to your computer and the Beta Software about such restrictions on the use of the Beta Software.

    2. As a condition of the limited license for the Beta Software you may not: (i) publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Beta Software or any part thereof; (ii) reverse engineer, decompile, translate, adapt, disassemble or otherwise reduce the Beta Software to human readable form; (iii) attempt to create the source code from the object code for the Beta Software; (iv) transmit the Beta Software itself over any network or between any devices, although you may use the Beta Software to make such transmissions of other materials; (v) make any third party software contained in the Beta Software a stand-alone product; (vi) take any action that will infringe on the intellectual property or other proprietary rights of CIM or any third party; or (vii) sublicense, rent, lease, or assign the Beta Software. You may transfer the Beta Software to other computers you own as long as you only use it on only the number of computers authorized by CIM.
    3. If CIM informs you that any enhancements or upgrades are available for the Beta Software, or that the Beta Software otherwise is being modified by CIM, you will take prompt action to download such enhancements, upgrades or changes, or otherwise obtain such enhancements, upgrades or changes in the manner directed by CIM, within the time frame stated in the notice. If you fail to do so, you acknowledge that the Beta Software may not work correctly or that you will not be able to take advantage of all available features of the Beta Software after the stated period in the notice.

    4. You have the obligation to protect yourself and minimize any damages you might suffer if the Beta Software or any portion thereof, has a defect or fails for any reason.

    5. CIM welcomes your feedback about this Website and the Beta Software. CIM asks that you limit your feedback to these items. Nevertheless, any communications you send to this Website or otherwise to CIM are deemed to be submitted on a non-confidential basis and become the sole property of CIM. CIM may, in its sole discretion, reproduce, use, publish, modify, disclose, distribute, or otherwise use these communications in any way and for any purpose. All such uses by CIM shall be without liability or obligation of any kind to you. These uses may include, for example, use of the content of any such communications, including any works of authorship, marks or names, ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose without any obligation to compensate the originator of such communications and without liability to that person.

  6. Disclaimer of Warranties. This Website and the Beta Software are provided “AS IS.” To the maximum extent permitted by law, CIM makes NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THIS WEBSITE OR THE BETA SOFTWARE. Additionally, CIM makes NO WARRANTIES with respect to lack of viruses, accuracy or completeness, results, correspondence to description, warranty of title or non-infringement. CIM does NOT WARRANT that the functions contained in this Website or the Beta Software will meet any requirements or needs you may have, or that this Website or the Beta Software will operate error free, or in an uninterrupted fashion, or that any defects or errors in this Website or the Beta Software will be corrected, or that this Website or the Beta Software is compatible with any particular platform. CIM reserves the right to modify this Website or the Beta Software at any time. CIM is not obligated to provide any updates to this Website or the Beta Software or support for this Website or the Beta Software. Any use by you of this Website or the Beta Software is at your own risk. CIM also has no express or implied obligation to make the Beta Software available in any commercial, generally available production version and may withdraw this Website or the Beta Software at any time for any reason.

  7. Limitation of Liability and Damages. You assume full and complete responsibility and liability for your use of this Website and the Beta Software. It is understood that the Beta Software is provided without charge for evaluation purposes only. Accordingly, the total liability of CIM and its suppliers arising out of or related to this Agreement shall not exceed $100. IN NO EVENT WILL CIM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES OR LOSS OF BUSINESS INFORMATION OR OTHER DATA) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE OR THE BETA SOFTWARE, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF CIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Certain laws in some states do not allow the exclusion of implied warranties or the limitation of certain damages. If such laws apply, certain of the exclusions or limitations in this Agreement may not be applicable to you.

  8. Export Restrictions. This Agreement is expressly made subject to any laws, regulations, orders, or other restrictions on the export from the United States of America of the Beta Software or information about the Beta Software that may be imposed from time to time by the government of the United States of America. You shall not export the Beta Software, or any portion thereof, or information about the Beta Software without consent of CIM and compliance with such laws, regulations, orders, or other restrictions.

  9. Indemnification. You agree to indemnify, defend, and hold harmless CIM (including its parents, subsidiaries, and affiliates and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers) against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from any breach of this Agreement or unauthorized use of this Website or the Beta Software. Your indemnification obligation shall survive the termination of this Agreement. At our expense and election, we reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with CIM in connection with our defense.

  10. Termination. This Agreement will automatically terminate upon the first commercial release of a generally available production version of the Beta Software. You may terminate this Agreement at any time by destroying or returning to CIM all copies of the Beta Software and associated documentation in your possession or under your control. This Agreement will also terminate: (i) if CIM finds that you have violated any of the terms of this Agreement, or (ii) upon CIM’s notice to you of termination for any reason. Upon termination, you agree to destroy or return to CIM all copies of the Beta Software and documentation and, upon CIM’s request, to certify in writing that all known copies, including backup copies, have been destroyed. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent of subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless it is made in writing and is signed by an authorized representative of the waiving party. All provisions relating to confidentiality, proprietary rights, and nondisclosure shall survive the termination of this Agreement.

  11. Termination. This Agreement will automatically terminate upon the first commercial release of a generally available production version of the Beta Software. You may terminate this Agreement at any time by destroying or returning to CIM all copies of the Beta Software and associated documentation in your possession or under your control. This Agreement will also terminate: (i) if CIM finds that you have violated any of the terms of this Agreement, or (ii) upon CIM’s notice to you of termination for any reason. Upon termination, you agree to destroy or return to CIM all copies of the Beta Software and documentation and, upon CIM’s request, to certify in writing that all known copies, including backup copies, have been destroyed. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent of subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless it is made in writing and is signed by an authorized representative of the waiving party. All provisions relating to confidentiality, proprietary rights, and nondisclosure shall survive the termination of this Agreement.

  12. General.
    1. Disputes under this Agreement shall be construed, interpreted and governed in accordance with the Binding Arbitration section of the Comcast High-Speed Internet Service Subscriber Agreement located at http://www.comcast.net/terms/subscriber.jsp (or any successor location).

    2. CIM may modify this Website, its contents, the Beta Software or this Agreement at any time in its sole discretion upon notice to you. CIM will notify you of any such modifications as reasonably determined by CIM. Your continued use of this Website or the Beta Software following notice of such change shall be deemed to be your acceptance of any such change. If you do not agree to any such change, you must immediately stop using this Website and the Beta Software and notify CIM that you are terminating this Agreement.

    3. CIM may assign its rights and obligations under this Agreement, at any time and without notice, to (i) any affiliate of Comcast Corporation, or (ii) to any party (or its affiliate) acquiring all or substantially all of the assets or stock, by merger or otherwise, of CIM or any affiliate of CIM.

    4. This Agreement constitutes the entire Agreement between the parties hereto. If any part of this Agreement is found invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect and shall be interpreted so as to reasonably give effect to the intention of the parties.

    5. All use of the Comcast High-Speed Internet Service is subject to its then current terms of service and policies posted at http://www.comcast.net".

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