If you wish to have a copy of these terms, please access the terms at the ESPN.com website and print them out.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms on the ESPN.com website periodically for changes. Your continued use of ESPNMotion following the posting of changes to these terms will mean you accept those changes.
1. General. All software, documentation and any content accessed through the software you are about to download or install (collectively, “ESPNMotion”) are protected by United States and international laws, including copyright laws and treaties. ESPN Internet Ventures, The Walt Disney Company, their respective affiliates, and their respective licensors (collectively, “ESPN” or “We,” “us” or “our”) own all right, title and interest to ESPNMotion. Except for the specific rights licensed to you hereunder, ESPN reserves all of its rights to ESPNMotion. The mark “ESPN” (and related logo) and the mark “ESPNMotion” are trademarks or service marks of ESPN.
2. Title Not Transferred. These terms do not transfer title to ESPNMotion to you. The rights granted herein are limited to certain of ESPN’s and its licensors’ rights and do not include any other patents or other intellectual property rights. As between you and ESPN, you own the medium on which you record the software underlying ESPNMotion (e.g., you own the hard drive on your computer). However, ESPN and its licensors retain full and complete title to ESPNMotion, and all intellectual property rights therein.
3. License and Restrictions. ESPN hereby grants you, free of charge, a non-exclusive license to install and use one copy of ESPNMotion on a single computer (or one copy on each computer you use) for personal, non-commercial use only. You may not make ESPNMotion available over a network where it could be used on multiple computers simultaneously.
ESPN may configure ESPNMotion with certain tags that identify the version of ESPNMotion being used on your computer and which permit ESPN to update this version without further notice to you. ESPN shall have the right to poll your computer for the purpose of installing updated versions of ESPNMotion or to uninstall such versions automatically.
You may not (and you agree not to permit another person to): (i) redistribute, sell or otherwise copy ESPNMotion; (ii) modify, translate or create derivative works based on ESPNMotion; (iii) attempt to decompile, reverse engineer, disassemble or otherwise reduce ESPNMotion to a human-readable form, except to the extent applicable laws specifically prohibit such restriction; (iv) remove any identification, copyright or other proprietary notices; or (v) create software that incorporates ESPNMotion. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that ESPNMotion is not intended for use in connection with any high risk or strict liability activity and ESPN makes no warranty and shall have no liability in connection with the use of ESPNMotion in any such situations.
4. No Warranty. ESPNMOTION (INCLUDING WITHOUT LIMITATION ANY CONTENT) IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, OR STATUTORY.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ESPN DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. WE DO NOT WARRANT THAT ESPNMOTION WILL MEET YOUR REQUIREMENTS, THAT YOUR ACCESS OR OPERATION OF ESPNMOTION OR ANY CONTENT ACCESSIBLE THROUGH ESPNMOTION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ESPN SITE OR THE OTHER SITES OF ESPN (OR ANY SERVERS THAT MAKE SUCH MATERIALS AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ESPNMOTION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, OR THAT THE USE OF ESPNMOTION WILL NOT ADVERSELY AFFECT YOUR OR ANY OTHER PERSON’S USE OF THE COMPUTER(S) ON WHICH ESPNMOTION IS DOWNLOADED OR INSTALLED OR THE NETWORK OF WHICH SUCH COMPUTER(S) ARE A PART.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ESPN OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OF ANY KIND. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
To the extent ESPNMotion offers any search features, you acknowledge that some content may not always be accessible. Thus, we explicitly disclaim any responsibility for the content or availability of information contained in our search index or directories.
5. Indemnification. You hereby agree to indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this agreement. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
7. Jurisdiction. Unless otherwise expressly specified, ESPNMotion (and any content) is presented solely for the purpose of promoting programs, films, and other products available in the United States and its territories, possessions, and protectorates. ESPN.com is operated from U.S. offices in New York and Connecticut. We make no representation that ESPNMotion is appropriate or available for use in any particular location. Those who choose to use ESPNMotion do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
8. Termination. These terms are effective until terminated by either party. We reserve the right, in our sole discretion, to terminate your access to any or all of ESPNMotion and the related services or any portion thereof at any time, without notice, which such termination may include an automatic un-install by ESPN of ESPNMotion from your computer. You may terminate these terms at any time by discontinuing use of ESPNMotion, erasing ESPNMotion from all computer memories and storage devices within your possession or control, and destroying all materials obtained from ESPNMotion and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. We reserve the right, in our sole discretion, to terminate your (or any group of users’) access to any or all of ESPNMotion and the related services or any portion thereof at any time, without notice. Upon termination, you must cease use of ESPNMotion, erase ESPNMotion from all computer memories and storage devices within your possession or control, and destroy all materials obtained in connection with ESPNMotion and all related documentation and all copies and installations thereof, whether made under these terms or otherwise.
9. Export Law Assurances. You agree not to use or otherwise export or re-export ESPNMotion except as authorized by United States law and the laws of the jurisdiction in which ESPNMotion was obtained. Without limiting the foregoing, ESPNMotion may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria) or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By installing ESPNMotion, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
10. Government End Users. ESPNMotion (and its components) 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 U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. ESPN reserves any unpublished rights.
13. Entire Agreement. These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Los Angeles County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.