If you use this application, you signify that you fully agree without reserve to the software license below:
SOFTWARE LICENSE AGREEMENT
If you proceed to install, access or otherwise use Cambodian Broadcasting Service Software as defined below, you signify that you agree to all of the following terms and conditions and thereby enter a binding License Agreement between you and Cambodian Broadcasting Service Co. Ltd. ("CBS") regarding the use of CBS Software. This License Agreement shall automatically enter into force as soon as you have validated it electronically or used any elements of CBS Software. CBS invites you to print out this License Agreement and keep a copy for your records.
1. DEFINITIONS
Designated Equipment : shall mean the iPhone devices version 3, 3GS and 4, or all iPad devices or all iPod touch devices running iOS 4 or higher.
Designated Purpose: shall mean the purpose of CBS Software as described in the Apple Store.
Documentation: shall mean any CBS Software corresponding documentation, help files, training material and all updates or upgrades of the above.
CBS Software: shall mean CBS Application software Intellectual Property Rights: shall mean all rights in inventions, patents, copyrights, design rights, trade marks and trade names, service marks, trade secrets, know-how and any other intellectual property rights (whether registered or unregistered) and all applications for any of them, anywhere in the world. License Agreement: shall mean this document.
2. GRANT OF LICENSE
CBS hereby grants you a non-exclusive, non-transferable license to install and use CBS Software on the Designated Equipment for the Designated Purpose only, and subject to the terms and conditions set forth in this License Agreement.
3. RESTRICTIONS ON USE
You shall not:
3.1 use CBS Software in conjunction with any equipment other than the Designated Equipment;
3.2 make more than one copy of CBS Software for security back-up or archival purposes, so long as that copy remains in your possession or control;
3.3 alter or modify the whole or part of CBS Software nor merge any part of it with any other computer software programs, nor decompile, disassemble or reverse engineer or otherwise attempt to discover the source code, trade secrets, underlying ideas or algorithms of CBS Software by any means whatsoever;
3.4 adapt, translate, or modify CBS Software;
3.5 distribute, sublicense, loan, assign, or in any other way transfer CBS Software to any third party; 3.6 disclose or make CBS Software available in any form to any person other than your employees and on-site contractors whose job performance requires access to CBS Software and provided that you take appropriate action to protect the confidentiality of CBS Software and ensure that any person having access to it does not disclose it or use it except as permitted by this License Agreement; and
3.7 alter, modify, obscure, remove, interfere with or add to any of the trade marks, trade names, logos, markings or notices affixed to CBS Software.
4. WARRANTIES
4.1 CBS warrants that it is authorised to grant the license under article 2 on the terms and conditions contained in this License Agreement.
4.2 CBS warrants that CBS Software will perform reasonably in accordance with the Designated Purpose
4.3 CBS's sole obligation and liability for breach of the warranty in article 4.2 above shall be to use all reasonable endeavours to remedy an incident provided that such incident is solely due to a failure, or defect in CBS Software and does not arise from any unauthorised use by you.
4.4 Save as expressly provided in this License Agreement, CBS Software is provided "as is" and CBS gives no representations, warranties, conditions or other terms, express or implied, relating to the performance, quality or fitness for purpose of CBS Software and any such representations, warranties and conditions are excluded save to the extent that such exclusion is prohibited by the applicable law. The entire risk as to the results and performance of CBS Software is assumed by you.
4.5 You warrant that you will take all adequate protection and security measures both before and after installing CBS Software, to protect your personal data, software and equipment against damages due to, especially but not exclusively, viruses and malicious programs.
5. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all Intellectual Property Rights in CBS Software are vested, and shall remain vested, in CBS.
6. LIABILITY 6.1 CBS will not be liable for any special, incidental, indirect, or consequential damages whatsoever (including without limitation, damages for lost profits, lost savings or lost opportunities, business interruption, loss of use, loss of data or information) even if such damage was foreseeable or CBS had been advised of the possibility of such damage. 6.2 CBS's liability under this License Agreement, whether for negligence, breach of contract, misrepresentation or otherwise, will be limited to the termination of this License Agreement.
7. CONFIDENTIALITY
7.1 The parties shall treat as strictly confidential all Confidential Information obtained from or otherwise disclosed to the other in connection with this License Agreement. For the purpose of this article, "Confidential Information" shall mean all information in any form, which is either stated to be confidential or secret or is by its nature implicitly, including without limitation the terms of this License Agreement as well as any detailed circumstances of a technical incident related to CBS Software. Each party shall not divulge such Confidential Information, without the prior written consent of the other party, to any third party other than its employees or on-site contractors who have a need to know the same and who have agreed in writing to be bound by a confidentiality obligation which has the same effect to this article. Each party shall use the Confidential Information solely in connection with the performance of this License Agreement.
7.2 The provisions of this article shall not apply to any information which is (i) in or enters into the public domain other than by breach of this article; (ii) in the possession of a party prior to its disclosure to it under the terms of this License Agreement; (iii) obtained from a third party without restriction; or (iv) required to be disclosed by law or by any legal, administrative or governmental competent authority. Both CBS and you agree that all Confidential Information is, and shall remain the property of the party disclosing the same.
7.3 Notwithstanding the above, CBS shall have the right to publicise the existence of this License Agreement and use your name for the purpose of so publicising the existence of this License Agreement.
8. EXPIRATION/TERMINATION
8.1 CBS may terminate this License Agreement without further notice if you commit a material breach of any term or condition of this License Agreement and you fail to remedy such breach within 7 days of being given notice to do so.
8.2 CBS may terminate the License Agreement immediately without penalty if CBS software is not available anymore on the Apple Store.
8.3 Immediately on expiration or termination of this License Agreement, you shall cease all use of CBS Software and destroy all copies of it if any.
9. APPLICABLE LAW AND JURISDICTION
This License Agreement is governed by Cambodian law and the parties hereby irrevocably submit any disputes under this License Agreement to Singapore International Arbitration Centre (SIAC) under SIAC Rules for final settlement.
10. MISCELLANEOUS
10.1 Non waiver. No delay or failure by either party to exercise any of its powers, rights or remedies under this License Agreement will be considered as a waiver of them.
10.2 Assignment. The parties shall not be entitled to assign or otherwise transfer all or any part of this License Agreement without the express written consent of the other party. Notwithstanding the above statement, CBS may without the your consent assign or transfer all or any part of this License Agreement to a Royal Group Company as long as CBS is part of the Royal Group of Companies; or in case of a merger, partial spin-off or divestment of assets.
10.3 Amendments. No modification to this License Agreement will be effective unless it is in a written amendment signed by both parties.
10.4 Severability. If any provision of this License Agreement is deemed to be unenforceable, it will not affect the validity of the rest of the License Agreement.
10.5 Entire agreement. This License Agreement contains the entire agreement and understanding of the parties with respect to its subject matter and supersedes and cancels all prior agreements, statements and representations written or oral with respect thereto.
10.6 Survivability. All provisions that by their nature are intended to survive the expiration of this License Agreement shall survive and remain in full force and effect.
Cambodian Broadcasting Service Co.,Ltd (www.ctn.com.kh)
National Highway 5, Phum Krol Ko, Sangkat Kilomet 6 , Khan Russei Keo, Phnom Penh 12104, Cambodia
Cambodia Television Network
P O Box 2468, Phnom Penh, Cambodia
CTN receptionist phone: (855- 12) 999 434