End User License Agreement

1. General

   This License Agreement contains details on your limited right and license to use the Software solely in connection with your use of the Gotta Salsa service. This License Agreement is between you and Gotta Salsa and not any other party.

   The Software contains material that is protected by copyright and other applicable intellectual property laws in the U.S. and other territories and by international treaty provisions. The Software is licensed, not sold or given, to you by Gotta Salsa for use only under the terms of this License Agreement and all rights not specifically granted to you herein are reserved to Gotta Salsa and to any third party with ownership rights in software and documentation used in the Software. You may not remove any proprietary notice of Gotta Salsa or any other party from any copy of the Software or documentation.

   The rights granted under the terms of this License Agreement include any software upgrades that replace and/or supplement the original Software.

   Gotta Salsa reserves the right, from time to time, with or without notice to you, to change the terms of this License Agreement in our sole and absolute discretion. The most current version of this License Agreement will supersede all previous versions. Your use of the Software after changes are made means that you agree to be bound by such changes. As such, you should review the License Agreement periodically.

2. Permitted Use/Restrictions

   • 2.1

     Grant of Limited License. Gotta Salsa grants you (which, for purposes of this License Agreement, shall include you and you alone) a non-exclusive, limited, personal and nontransferable license, subject to and conditioned on your compliance with the restrictions set forth in this License Agreement, to use the Software, in object code form only, provided to you by or on behalf of Gotta Salsa in connection with your use of the Gotta Salsa service.

   • 2.2

     The license grant above includes the right to use documentation accompanying the Software for the sole purpose of using the Gotta Salsa service. The Software may NOT be modified. You agree to be bound by all the terms of this License Agreement.

   • 2.3

     The Software is only for your own 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.

   • 2.4

     As a condition of the limited license for the Software granted to you in this License Agreement, except as and only to the extent expressly permitted in this License Agreement or by applicable law which cannot be waived by this License Agreement, you may NOT:
     1. publish, display, disclose, rent, lease, modify, loan, distribute or create derivative works based on the Software or any part thereof;
     2. copy, decompile, reverse engineer, disassemble, translate, adapt or otherwise reduce the Software to human readable form;
     3. attempt to create the source code from the object code of the Software;
     4. transmit or make the Software available over a network where it could be used by multiple computers or Gotta Salsa ready devices at the same time;
     5. make any third-party software contained in the Software a standalone product;
     6. take any action that will infringe on the intellectual property or other proprietary rights of Gotta Salsa or any third party software provider;
     7. sublicense or assign the Software;
     8. view any videos provided by Gotta Salsa or its suppliers anywhere other than within the country or location authorized by Gotta Salsa (“Territory”); and
     9. watch videos outside of the Territory, and Gotta Salsa may use technologies to verify your compliance.

   • 2.6

     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 License Agreement remains in effect. Ownership of the Software and all intellectual property rights therein shall remain at all times with Gotta Salsa and/or its licensors. Any other use of the Software by any other person, business, corporation, government or any other entity is strictly prohibited and is a violation of this License Agreement.

3. Third Party Content/Third Party Software

   • 3.1

     Content. Title and intellectual property rights in and to any content displayed by or accessed through the Software belongs to Gotta Salsa. Such content is protected by copyright or other intellectual property laws and treaties, and is subject to terms of use of such content. This License Agreement does not grant you the right to copy, distribute, prepare derivative works, publicly display, or make other use of such content. You are prohibited from engaging in or facilitating the unauthorized P2P file-sharing of third-party content, such as the unauthorized posting, making available, uploading, downloading or other distribution of such content.

   • 3.2

     Software. There are software programs contained within the Software that have been licensed to Gotta Salsa 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 Gotta Salsa. The same terms and conditions, including all limitations and restrictions, set forth in this License Agreement apply to each third party software program contained in the Software. Certain software programs specified in the licenses referenced in Section 10 (“Notices”) below may contain additional grants and/or restrictions.

4. Upgrading the Software

   Gotta Salsa may require upgraded versions of certain software located on your viewing device. Alternatively, Gotta Salsa may require you to consent to an upgrade to the Software (“Software Upgrades”) before using, installing or accessing the Software. If you decline the Software Upgrades, you may not be able to use or access the Software or the Gotta Salsa service.

5. Consent to Use of Data

   The Software may provide Gotta Salsa with limited access to your Gotta Salsa ready device. Among other things, the Software may provide Gotta Salsa with information related to your use of the Gotta Salsa service, including videos (and portions thereof ) viewed, amount of time viewed, information regarding your computer system, such as a unique device identifier, your operating system, existing software, amount of available storage space and internet connectivity, and your interaction with the Software. This information will, among other things, enable Gotta Salsa to manage rights associated with the content, allow Gotta Salsa to help you use the Software more effectively, enforce Gotta Salsa Terms of Use and otherwise help Gotta Salsa to enhance and improve the Software and the Gotta Salsa service. Information obtained by Gotta Salsa will be treated in accordance with our Privacy Policy.

6. Export Law Assurances

   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 or authorized by Gotta Salsa. In particular, but without limitation, the Software may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries 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 using the Software, you represent and warrant that you are not located in any such country or on any such list.

7. Termination

   This License Agreement is effective until terminated. Your rights under this License Agreement are terminable by Gotta Salsa at any time without notice. Further, this License Agreement will terminate if Gotta Salsa finds that you have violated any of the terms of this License Agreement. No waiver of any breach of any provision of this License Agreement by Gotta Salsa shall constitute a waiver of any prior, concurrent or 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 Gotta Salsa. All provisions relating to confidentiality, proprietary rights, and nondisclosure shall survive the termination of this License Agreement.

   Your ability to use the Gotta Salsa service is subject to your system compatibility with our Software as such requirements may change from time to time. Compatibility of system requirements with the Software is your responsibility.

   Upon the termination of this License Agreement, you shall cease all use of the Software and Gotta Salsa service and destroy all copies, full or partial, of the Software that you may have downloaded hereunder.

8. Disclaimer of Warranties and Limitations on Liability

   The Software is provided “AS IS.” The Disclaimers of Warranties and Limitations of Liability set forth in the Terms of Use expressly apply to this License Agreement, the Software and the use of the Software. We do not warrant that defects in the Software will be corrected.

9. Notices

   • 10.1

     Gotta Salsa Copyright Notice

     © 2013 Gotta Salsa, Inc. 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 express permission of Gotta Salsa, which reserves all rights. Reuse of any of this content for any purpose without the permission of Gotta Salsa is strictly prohibited.

   • 10.4

     Facebook

     You agree and acknowledge that Facebook has no responsibility or liability for the Software and its content.

10. Gotta Salsa contact information

    Any questions, complaints or claims regarding the Software shall be directed to Customer Service.