COMCAST SOFTWARE LICENSE AGREEMENT
Effective Date: December 18, 2012
IMPORTANT: please read this document (the "Agreement") carefully. By downloading, installing, or using any Xfinity- or Comcast-branded software, including Comcast-branded mobile applications, like the Xfinity TV app ("Software"), you acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms. If you do not understand or agree to the terms and conditions of this Agreement, you: (1) must not download, install, or use the Software; and (2) if the Software is already installed, you must uninstall the Software.
The Agreement is a legal agreement between you and members of your immediate household for whom you will be responsible hereunder (referred to as "you" or "your") and Comcast Cable Communications Management, LLC, its affiliates, and the subsidiary of Comcast Corporation that owns and/or operates the cable television system in your area (collectively "Comcast" or "we").
In order to use some Software, you must know your Comcast ID or Comcast.net email address and password. If you do not know your Comcast ID or Comcast.net email address, please click here. Comcast, in its sole discretion, shall determine which features and functionality of the Xfinity services to make available through the Software, and you acknowledge and agree that Comcast can change such availability at any time with no notice to you. Additionally, note that your use of certain features of the Software, including but not limited to the Ecobill® and Autopay services, may be subject to additional terms and conditions.
1. Grant of a Limited License.
Subject to the terms and conditions set forth in the Agreement, Comcast hereby grants to you, and you hereby accept, a personal, limited, non-transferable, non-assignable, and non-exclusive license to download, install, and use the Software, in object code form only, on any computer or mobile device that you own, solely in accordance with the terms and conditions of the Agreement and for the purpose of accessing and using certain features and functionality of the Xfinity services for which you then-currently have a residential subscription.
2. No Ownership Rights.
You have no ownership rights in any Software. Rather, you have a limited license to use the Software as long as this Agreement remains in full force and effect. Except for the limited license granted to you, all other intellectual property rights in the Software, including ownership of the Software, shall remain at all times with Comcast and/or its licensors. Any use of 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 are software programs contained within certain Software that have been licensed to Comcast by third parties. The term "Software" as used herein shall refer to such third party software except where the term Software refers expressly to the ownership or other specific rights of Comcast. 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 Software. You acknowledge and agree that any third-party components are owned by their applicable licensors. Comcast does not make any representations or warranties about the operation or availability of such third-party software. Neither Comcast, nor its licensors, shall be liable for any unavailability or removal of such third-party software. Comcast is not responsible for any communications to or from such licensors, or for the collection or use of information by such licensors. You consent to the communications enabled and/or performed by such third-party software, including automatic updating of the third-party software without further notice. You agree that such third-party software licensors are intended third-party beneficiaries under this Agreement.
4. Third-Party Content.
You acknowledge and agree that you are solely responsible for all content accessed through the Software, and that Comcast has no liability for content available through the Software that you find offensive, indecent, or objectionable. To learn more about the parental controls that Comcast makes available to its customers, click here.
5. Restrictions and Requirements.
- You may not distribute or make the Software available over a network where it could be used by multiple devices at the same time.
- As a condition of the limited license for the Software you may not: (i) publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Software or any part thereof; (ii) reverse engineer, decompile, translate, adapt, disassemble or otherwise reduce the Software to human readable form; (iii) attempt to create the source code from the object code for the Software; (iv) transmit the Software over any network or between any devices, although you may use the Software to make such transmissions of other materials; (v) make any third party software contained in the Software a stand-alone product; (vi) take any action that will infringe on the intellectual property or other proprietary rights of Comcast or any third party software provider; or (vii) sublicense, rent, lease, or assign the Software. You may transfer the Software to other computers or mobile devices you own as long as you only use it on only the number of computers authorized by Comcast.
- You agree not to remove any proprietary notices, marks, or labels on the Software.
- You agree not to export, import, or re-export the Software in violation of any applicable law, rule, or regulation of any jurisdiction.
- You agree that you will only use the Software in a manner that complies with all applicable laws in the jurisdictions in which you use the Software, including but not limited to applicable restrictions concerning copyright and other intellectual property rights.
- You may only use the Software for your Non-Commercial, Private Use. As used herein, "Non-Commercial, Private Use" means a use of the Software for which no fee or consideration of any kind is charged or received, which takes place in your private home or apartment, or, if outside your private home or apartment (e.g. in a hotel room, dorm room, office or airport waiting lounge) is limited to a private viewing for you and your invitees. Non-Commercial, Private Use specifically excludes any public presentation (e.g., a presentation in a dorm lounge) and any presentation by a place of public accommodation or other commercial establishment (e.g. a bar or restaurant), even if no fee is charged.
- You may not use the Software in an attempt to circumvent, or in conjunction with any device, program, or service designed to circumvent, technological measures employed to control access to, use of, or the rights in, a content file, service, or other work protected by the copyright laws of any jurisdiction.
6. Modification and Order of Precedence.
Comcast reserves the right to modify this Agreement from time to time, with or without any notice to you, though we will use reasonable efforts to provide notice to you of any modifications. By continuing to use the Software after Comcast has modified the Agreement, you agree to accept and be bound by such modifications. In the event of any conflict between the Comcast Agreement for Residential Services or Web Services Terms of Service and this Agreement, the terms of this Agreement shall control, solely with respect to the conflicting provisions and solely with respect to your use of the Software.
7. Data Collection and Use.
8. Open Source.
Some of the Software may contain open source software, as set forth here:
If you have questions regarding your use of the Software or anything else contained in the Agreement, please contact Comcast at 1-877-599-1845.
This Agreement is effective starting on your first download, installation, or use of any Software and remains in effect until terminated. You may terminate this Agreement at any time by destroying or returning to Comcast all copies of the Software and associated documentation in your possession or under your control. This Agreement will terminate: (a) upon the later of termination of your Comcast Agreement for Residential Services or your Web Services Terms of Service; or (b) if Comcast finds that you have violated any of the terms of this Agreement. Upon termination, you agree to destroy or return to Comcast all copies of the Software and documentation and, upon Comcast'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 proprietary rights shall survive the termination of this Agreement.
11. Additional Terms Incorporated by Reference.
If you are an Xfinity customer, you acknowledge and agree that the sections on warranty, limitation of liability, indemnification, binding arbitration, and general legal terms from the Comcast Agreement for Residential Services are incorporated herein by reference and apply to your download, installation, and use of the Software. If you are not an Xfinity customer, you acknowledge and agree that the sections on warranty, limitation of liability, indemnification, binding arbitration, and general legal terms from the Web Services Terms of Service are incorporated herein by reference and apply to your download, installation, and use of the Software.
Revised and Effective: December 18, 2012