Sling Television End-User License Agreement (EULA)

Effective January 3, 2015

BY USING ANY OF OUR SERVICES, YOU ACKNOWLEDGE AND AGREE TO THIS END-USER LICENSE AGREEMENT (“EULA”) AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF OUR WEBSITES, APPS AND OTHER SOFTWARE AND TECHNOLOGIES, INCLUDING RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS SET FORTH IN THIS EULA, THEN DO NOT USE ANY OF OUR SERVICES.

Please note that this EULA includes embedded hyperlinks that may only be accessed through our Websites, and if you are reviewing this EULA through certain applications or other platforms, then you may need to visit https://www.sling.com/offer-details/disclaimers/terms-of-use in your browser to review any hyperlinked terms incorporated herein.

BY ACCESSING AND/OR USING OUR SERVICES YOU AND SLING TELEVISION ACKNOWLEDGE YOUR UNDERSTANDING OF, AND HEREBY CONFIRM YOUR AGREEMENT TO, BINDING ARBITRATION AND WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION IN CONNECTION WITH ANY DISPUTE WILL BE DETERMINED IN ACCORDANCE WITH THE “DISPUTE RESOLUTION, BINDING ARBITRATION AND CLASS ACTION WAIVER” PROVISIONS SET FORTH IN SECTION 11 OF THE TERMS OF USE

Acceptance and Acknowledgement

The Terms of Use incorporate the terms and conditions set forth in this EULA in their entirety, which EULA contains details on your limited rights and license to use certain of our property, including our software, solely in connection with your use of our Services. The rights granted under this EULA include any software enhancements, upgrades or other modifications that replace and/or supplement the original products. This EULA is made and agreed to by and between you and Sling Television and not any other party(ies). BY ACCESSING, DOWNLOADING AND/OR USING ANY SOFTWARE PROVIDED TO YOU BY OR ON BEHALF OF SLING TELEVISION IN CONNECTION WITH YOUR USE OF OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU: (A) HAVE READ THIS EULA; (2) UNDERSTAND IT AND THE TERMS AND CONDITIONS SET FORTH HEREIN; (3) ARE BOUND BY SUCH TERMS AND CONDITIONS OF THIS LIMITED END-USER LICENSE AGREEMENT; AND (4) MAY RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE SOFTWARE. IF YOU DO NOT AGREE TO ANY OF THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DO NOT HAVE A LICENSE TO, AND YOU WILL NOT USE, ANY OF OUR SOFTWARE. Sling Television reserves the right, at any time and from time to time, in its sole and absolute discretion, with or without notice to you, to change the terms of this EULA. The most current version of this EULA will supersede all previous versions. Your use of any software after changes are made to the EULA means that you agree to be bound by such changes. As such, you should review this EULA regularly.

Certain Rights and Restrictions on Use

A. Reservation of Rights. Our software and other Services contain material that is protected by copyright and other applicable intellectual property laws in the United States, other territories and by international treaty provisions. The software is licensed, not sold or given, to you by Sling Television for use only under the terms of this EULA and all rights not specifically granted to you herein are reserved to Sling Television and to any third party with ownership rights in such software, content and documentation used therein. You may not remove any proprietary notice of Sling Television or any other party from any copy of the software, content or documentation.

B. No Ownership Rights. You acknowledge and agree you have no ownership rights in any software, content or any Services; and that you have a limited license to use such software and Services, and to view such content only so long as this EULA remains in effect. Ownership of our Services, software and content provided in connection therewith, and all intellectual property rights therein, as between the parties, shall remain at all times with Sling Television and/or its applicable licensors. Any other use of the software by any other person, business, corporation, government or any other entity is strictly prohibited and is a material violation of this EULA.

C. Personal Use Only; Limited License. Services, and any content viewed through our Services, are solely for private, personal, non-commercial use and not for use in the operation of a business or service bureau, for profit or for the benefit or any other person or entity. You understand and agree that no Services provided to you may be used or viewed in areas open to the public, commercial establishments or other unauthorized locations. So long as you access and use Services in accordance with these Terms of Use, Sling Television grants you a limited, personal, non-exclusive, non-transferable, license to access and use certain Services and software and to view the content distributed to you via Services for the sole purpose of privately accessing and viewing such content. Except for the foregoing limited license, no right, title or interest is transferred by Sling Television to you. You hereby expressly acknowledge and agree to abide by these EULA provisions governing your right to use our Services. If your Services are used or viewed in an area open to the public, a commercial establishment or another unauthorized location, then we may disconnect your Services and, in addition to all other applicable remedies available to us at law, in equity, under contract (including these Terms of Use) and otherwise, all of which are hereby expressly reserved, you must pay to us the difference between the price actually paid for Services and the full applicable rate for such services, regardless of whether have the right to distribute such Services in such other location.

D. Copies of Software. The license grant above includes the right to use documentation accompanying the software for the sole purpose of using Service and the right to make one (1) backup copy of the software, provided that (i) the software is installed on only the number of Sling Television ready devices authorized by Sling Television (which number shall be six (6) Sling Television ready devices unless otherwise agreed or modified in writing by Sling Television); (ii) the software may NOT be modified; (iii) all copyright notices are maintained on the software; and (iv) you agree to be bound by all the terms of this EULA.

E. Prohibited Actions. As a condition of the limited rights to access and use the software granted to you in this EULA, except as and only to the extent expressly permitted in this EULA or by applicable law which cannot be waived by this EULA, 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. copy, decompile, reverse engineer, disassemble, translate, adapt or otherwise reduce the software to human readable form;

iii. use the software to obtain unauthorized access to any streaming content, to interfere with the integrity of the functionality of the software to violate any applicable laws;

iv. attempt to access or create the source code from the object code of the software or otherwise from our Services;

v. transmit or make any software, content or other portion of our Services available over any network where it could be used by multiple computers or unauthorized users or Permitted at the same time;

vi. make any third-party software contained in the software a standalone product;

vii. take any action that will infringe on the intellectual property or other proprietary rights of Sling Television or any third party software provider or other licensor;

viii. bypass or breach any security mechanism, device or other protection used for or contained in the software;

ix. remove, delete, efface, alter, obscure, translate, combine, supplement or otherwise change any trademarks, term, warranties, disclaimers, symbols, notices, marks, serial number or other information or materials in, on or relating to any software;

x. use the software for purposes of (1) benchmarking or competitive analysis of the software or our Services, (2) developing, using or otherwise providing a competing software product or service to the applicable software or our Services, or (3) any other purpose that is to Sling Television’s detriment or commercial disadvantage;

xi. sublicense, transfer or assign any rights to the software or other Services;

xii. access, download or otherwise use the software on any device or other hardware other than Permitted Devices;

xiii. view any content provided by Sling Television or its suppliers or access Sling Television Services anywhere other than within the United States or location authorized by Sling Television (“Territory”); and

xiv. instantly watch content or access or otherwise use our Services outside of the Territory, and Sling Television may use geo-blocking and other similar technologies to verify your compliance with restrictions related to your use solely within the Territory.

F. United States Government End Users. The software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software 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 Software and Commercial Computer Software Documentation are being licensed to United States Government end users (1) only as Commercial Items and (1) 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.

G. Effect of Uninstalling Software. If you uninstall our software, then you will no longer be able to use such software to access the Services on the applicable Permitted Device.

Software; Third Party Software and Content

A. Software Upgrades. Sling Television may issue you an upgraded version of the software automatically upon an instance of your use of the software and other of our Services or otherwise in connection with your use of any Permitted Device. In certain circumstances, we may require you to consent to an upgrade of the applicable software (“Software Upgrades”) before using, installing or accessing such software. If you decline any of our Software Upgrades, then you may not be able to use or access the software or our other Services, including Subscription Services purchased by you.

B. System Compatibility. Your ability to use our Services is subject to your and system’s compatibility with our software as such requirements may change from time to time. Compatibility of system requirements with our software is your responsibility. Additional detail related to compatibility of your system can be found at: www.sling.com/supported-devices.

C. Third Party Content. Title and intellectual property rights in and to any content displayed by or accessed through our software belongs to the respective content owner. Such content is protected by copyright or other intellectual property laws and treaties, and is subject to the Terms of Use and our agreement with such third party providing such content. Save your limited right to view certain third- party content using the software, neither this EULA, nor any other communication or agreement with us, grants to you any other right, including the right to copy, distribute, prepare derivative works, publicly display, transfer, export, assign, access or other use of such content. You are hereby expressly prohibited from engaging in or facilitating any unauthorized file-sharing of any third-party content, such as the unauthorized posting, making available, uploading, downloading or other distribution of such third-party content. Please review Section 7 of the Terms of Use for additional warnings related to piracy and copyright infringement.

D. Third Party Software. There is software contained within our Services that has been licensed directly and indirectly to us by third parties. The term “software” as used in this EULA includes such third-party software and our software; provided that any provisions related to software that refer expressly to our ownership or other specific rights of Sling Television are only as between you and us with respect to such third-party software. The same terms and conditions, including all limitations and restrictions, set forth in this EULA apply to third-party software used in our software and other Services. Certain software programs specified in the licenses referenced in Section 7 (“Software Notices”) below may contain additional grants and/or restrictions. Please review the Software Notices below.

E. Prohibited Export. You may not use or otherwise export or re-export the software except as authorized by United States law and the laws of the jurisdiction in which the software was legally obtained and authorized by Sling Television. In particular, but without limitation, the software may not be exported or re-exported (i) into (or to a national or resident of) any United States embargoed countries or (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Department of Commerce Denied Person’s List or Entity List. By using the Services (including our software), you represent and warrant that you are not located in any such country or on any such list.

Consent to Collection, Processing and other Use of Data

Our software may provide us with limited access to the Permitted Device(s) used by you in connection with our Services. Among other things, the software may provide and/or enable us to transmit information related to your use of our Services, including programs and content (and portions thereof) viewed, date, timing and length of time spent viewing, information regarding your computer system, such as a unique device identifier, your operating system, existing software, amount of available storage space and internet connectivity, content and campaign information about advertisements selected for delivered to you and your interaction with the software and other activities related to our Services. This information will, among other things, enable Sling Television to manage rights associated with the content, to help you use the software more effectively, enforce Terms of Use and otherwise help us to enhance and improve the software and our Services. Information obtained by Sling Television will be treated in accordance with our Privacy Policy. By using our Services, you acknowledge and agree to Sling Television’s access to, collection of such data and information and any subsequent use of such data and information by Sling Television or the Protected Group as further described in our Privacy Policy.

Notices

Sling Copyright Notice.© 2014 Sling TV L.L.C. All content herein is protected by copyright and other applicable intellectual property laws in the U.S. and other territories and may not be modified, copied or used in any manner without the prior express written permission of Sling TV L.L.C., which hereby reserves all rights in and to such property. Use and reuse of any of this content for any purpose without our express written permission is strictly prohibited.

Contact Us

For any questions, concerns or other issues or claims that arise in connection with this EULA or any software or other intellectual property related to the Services, please contact Customer Service by calling us at: 1 (877) 811-4788; or you may write to us at the following address: Sling TV L.L.C., 9601 South Meridian Boulevard, Englewood, Colorado 80112, U.S.A. Attn: Office of the General Counsel – Sling Television EULA.

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