RSS END USER LICENSE AGREEMENT
Effective Date: November 30, 2004
CBSSports.com (“CBSSports.com”) provides CBS Sports RSS Feeds (“RSS Feed”) to you (“you” or “your”), subject to the following RSS End User License Agreement (“RSS EULA”) which may be updated by CBSSports.com from time to time without notice to you. It is important for you to refer to this RSS EULA from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to this RSS EULA. You can review the most current version of the RSS EULA at any time at: http://www.sportsline.com/xml/rss/tos. Your use of the RSS Feed constitutes your acceptance of this RSS EULA.
“CBSSports.com Web Site” means the CBS Sports Web site located at the domain “CBSSports.com” or other domain as determined in the sole and exclusive discretion of CBSSports.com.
“Client Reader” means a news reader or other client application designed for personal viewing of digital content.
“CBSSports.com Content” shall mean any and all proprietary images, technology, applications, artwork, copy, information, trademarks, service marks, data, or knowledge or other materials made available to you as part of the RSS Feed.
2. Term; Termination and Survival.This RSS EULA is considered effective as of the Effective Date and shall remain in full force and effect unless earlier terminated as provided herein. In the event CBSSports.com ceases to make the RSS Feed available on the CBS Sports Web Site as set forth herein, this RSS EULA shall automatically terminate. Sections 5 through 10 of this RSS EULA shall survive the termination of this Agreement.
3. RSS Feed.
RSS Feed. The RSS Feed is available on CBSSports.com at http://www.sportsline.com/xml/rss/feeds.
No Internet Connection Equipment Provided. CBSSports.com shall not be obligated to, and you acknowledge that CBSSports.com will not, provide any bandwidth, modem, computer, or any other equipment, system or connectivity for you to connect to the Internet. You shall be solely responsible for all modems, computers, operating systems connection devices and bandwidth necessary for connecting to the Internet through which you can access the RSS Feed and the CBSSports.com Content.
Revision of the RSS Feed. CBSSports.com may modify, suspend or discontinue any aspect of the RSS Feed at any time, including, without limitation, the availability of any CBSSports.com Content. CBSSports.com may also impose limits on certain features and services or restrict your access to parts or all of the RSS Feed and/or the CBSSports.com Content without notice or liability of any kind.
No Resale of RSS Feed. You agree that this RSS EULA is personal to you and that you may not resell, lease, license, assign, redistribute or otherwise transfer any portion of the RS Feed, including, without limitation, the CBSSports.com Content.
No Accuracy of CBSSports.com Content. The CBSSports.com Content contains information, advice, text and materials that are provided for your convenience and enjoyment. Third parties provide some of the CBSSports.com Content. You should be aware that the CBSSports.com Content might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the CBSSports.com Content may be subject to terms and conditions which may be found in the documents and policies of third parties. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any CBSSports.com Content and will not be liable for any lack of the foregoing.
No Warranty of Lawfulness of RSS Feed. CBSSports.com does not represent or warrant that every action you take with regard to your account and related activities in connection with the RSS Feed, including, without limitation, the CBSSports.com Content, will be lawful in any particular jurisdiction. It is incumbent upon you to know the laws that pertain to you in your jurisdiction and act lawfully at all times when using the RSS Feed, including, without limitation, the CBSSports.com Content.
CBSSports.com Links. CBSSports.com Content shall at all times contain a hypertext link to the CBS Sports Web Site.
4. License and Proprietary Rights.
CBSSports.com Content License. During the Term, CBSSports.com hereby grants to you, and you hereby accept, a personal, non-transferable, non-commercial, non-exclusive, limited, revocable license, to display CBSSports.com Content (where applicable, in executable, object code form only) solely on your Client Reader. Nothing herein shall be interpreted to mean, and CBSSports.com does not grant you any right or license in any CBSSports.com materials or other proprietary images, trademarks, artwork, copy, information, data, knowledge, computer software or any other material or information of any kind.
No Sublicense. Nothing herein shall be interpreted to mean, and CBSSports.com does not grant you, any right or license to enter into sublicenses or redistribution agreements with respect to any portion of CBSSports.com Content.
Copyright Notices. CBSSports.com Content is protected by copyright pursuant to U.S. copyright laws, international conventions and other copyright laws, and is owned or controlled by CBSSports.com. You will abide by any and all additional copyright notices, information, or restrictions contained in CBSSports.com Content or as CBSSports.com otherwise may impose from time to time.
No Derivative Works. You represent, warrant and covenant that you shall not reverse engineer, decompile, translate, modify, or develop derivative works based on, CBSSports.com Content.
No Archives. You may not archive or otherwise store CBSSports.com Content beyond forty-eight (48) hours from your receipt of CBSSports.com Content.
No Contest of Rights. You acknowledge and agree that both during and after the Term, you shall not directly or indirectly contest or aid in contesting the validity or ownership of CBSSports.com Content or take any action whatsoever in derogation of CBSSports.com’s rights therein or in breach of any terms and conditions contained in this herein.
Reservation of Rights. Any and all rights to use any CBSSports.com Content not expressly granted to you under this Agreement are hereby reserved for CBSSports.com. Nothing contained in this Agreement shall affect, impair, or limit in any way CBSSports.com’s rights to exploit fully any or all of the CBSSports.com Content.
Proprietary Rights. You acknowledge and agree that CBSSports.com owns and shall retain all rights, title and interest in and to CBSSports.com Content, including, without limitation, all copies thereof and all rights to patents, copyrights, trademarks, service marks, trade secrets and other intellectual property rights inherent therein and appurtenant thereto.
No License to CBSSports.com Trademarks. Nothing herein shall be interpreted to mean, and CBSSports.com does not grant you any right or license in any CBSSports.com trademark, tradename, service mark, insignia, slogan, name, emblem, logo, symbol, design and/or other identifying characteristics owned by or associated with CBSSports.com, its subsidiaries or affiliates, in any manner whatsoever.
5. Disclaimer of Warranties.
THE RSS FEED, INCLUDING, WITHOUT LIMITATION, ALL CBSSPORTS.COM CONTENT, SOFTWARE, DOCUMENTS, FUNCTIONS, MATERIALS, GRAPHICS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT VIA THE RSS FEED, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CBSSPORTS.COM AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER ABOUT: (A) THE SPORTSLINE CONTENT MADE AVAILABLE TO YOU THROUGH THE RSS FEED; (B) THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE RSS FEED; (C) THE ABILITY OF THE RSS FEED TO WORK WITH ANY PARTICULAR CLIENT READER; AND/OR (E) ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE RSS FEED. CBSSPORTS.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE RSS FEED OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE RSS FEED OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CBSSPORTS.COM DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE RSS FEED IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE RSS FEED, INCLUDING, WITHOUT LIMITATION, THE CBSSPORTS.COM CONTENT, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE RSS FEED, INCLUDING, WITHOUT LIMITATION, CBSSPORTS.COM CONTENT. FURTHER, CBSSPORTS.COM AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
CBSSPORTS.COM AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE RSS FEED INCLUDING, WITHOUT LIMITATION, CBSSPORTS.COM CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.
6. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL CBSSPORTS.COM BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE RSS FEED INCLUDING WITHOUT LIMIT THE SPORTSLINE CONTENT, EVEN IF FORESEEABLE OR CBSSPORTS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CBSSPORTS.COM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
You agree to defend, indemnify and hold harmless CBSSports.com with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees arising out of or in connection with this Agreement, including, without limitation, your use of the RSS Feed, including, without limitation, CBSSports.com Content. Notwithstanding the foregoing, CBSSports.com retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against CBSSports.com herein under the terms and provisions of this Section 7 and in no event shall you settle any such claim without CBSSports.com’s prior written approval.
8. Governing Law; Jurisdiction and Venue.
THIS AGREEMENT AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. The parties irrevocably submit and consent to the exclusive jurisdiction and venue of the Florida state courts in and for Broward County, Florida and the Federal Courts in and for the Southern District of Florida. The parties agree not to raise the defense of forum non conveniens.
Whenever, under the provisions of this RSS EULA, you are required or permitted to give notice to CBSSports.com, you shall give the notice in writing. It shall be deemed given either when delivered personally, or by courier, or three days after mailing, postage prepaid by registered or certified mail, return receipt requested, addressed to CBSSports.com at the following address:
2200 West Cypress Creek Road
Fort Lauderdale, Florida 33309
ATTN: General Counsel
Whenever, under the provisions of this RSS EULA, CBSSports.com is required or permitted to give notice to you in writing, CBSSports.com may send an e-mail to the address provided by you when you registered for the RSS Feed. If you have not provided an accurate e-mail address, CBSSports.com may, but is not obligated to, send a notice to you in any reasonable way.
This RSS EULA contains the sole and entire agreement between the parties with respect to the use of the RS Feed and supersedes any and all other prior written or oral agreements between them. Captions contained in this RSS Feed are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this RSS EULA or the intent of any provision of this RSS EULA. It is the intent of the Parties that neither this RSS EULA, nor any covenant in this RSS EULA, shall be construed against either party pursuant to the common law rule of construction against the drafter. It is the intent of the parties that said rule not be applicable to this RSS EULA. If any provision of this RSS EULA shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this RSS EULA.