Software License Agreement
Effective Date: 4/28/2023
This software license agreement (the “License Agreement”) applies to you if you download, install, or use any Comcast- or Comcast Business-branded software that links directly or via another agreement to this License Agreement, and any associated documentation ("Software"). Software is provided by Comcast Cable Communications Management, LLC, and its subsidiaries and affiliates (“Comcast,” “we,” “us,” or “our”).
If you download, install, or use Software, you agree to be bound by this License Agreement. You enter into this License Agreement for yourself, and on behalf of all persons you permit to use the Software (“you” or “your”). If you are using the Web Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms and that by accepting these Terms, you are doing so on behalf of that entity. If you do not agree to this License Agreement, do not download, install, or use any Software. You must uninstall the Software if, after download, you no longer agree to the terms of this License Agreement.
We determine which features and functionality to make available through the Software in our sole discretion. We may change or update Software and any features and functionalities (in whole or in part) at any time without notice.
1. Grant of a Limited License
We grant you a limited, revocable, non-sublicensable, non-transferable, non-assignable, and non-exclusive license to download, install, and use Software, without modification, on any computer, mobile device, or TV-connected device that you own. This license is subject to your compliance with this License Agreement. You may only use Software in accordance with this License Agreement and for the purpose of accessing and using certain features and functionality.
2. No Ownership Rights
You do not own any Software. You have only the limited license granted above to use Software so long as this License Agreement remains in effect. We (or our licensors) retain all intellectual property rights in Software. Any use of Software by any other person, business, corporation, government organization, or any other entity, except as set forth in this License Agreement is forbidden and is a violation of this License Agreement.
3. Third-Party Software
Certain Software includes programs that we have licensed from third parties. This License Agreement applies to each third-party application or program in the Software. The applicable third-party licensors own these third-party software components. We do not make any representations or warranties about the operation or availability of third-party software. Neither we, nor our licensors, will be liable for any unavailability or removal of third-party software.
4. Restrictions and RequirementsYou may not:
- distribute or make any Software available over a public network where it could be used by multiple devices at the same time;
- publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on any Software (in whole or in part);
- reverse engineer, decompile, translate, adapt, disassemble, reduce any Software to human readable form, or attempt to recreate the source code from the object code for any Software;
- transmit Software over any public network or between any devices (although you may use Software to make transmissions of other materials);
- make any third-party software contained in Software a stand-alone product;
- take any action that will infringe on the intellectual property or other proprietary rights of Comcast or any third-party software provider;
- sublicense, rent, lease, or assign any Software (although you may transfer the Software to other computers or mobile devices you own as long as you use it on the number of devices we authorize and in accordance with the terms of this License Agreement);
- remove any proprietary notices, marks, or labels on any Software;
- circumvent or attempt to circumvent any measures that control access to, or use of the rights in any content, file, service, or other work protected by any copyright laws; or
- export, import, or re-export any Software in violation of any applicable law, rule, or regulation.
You may only use Software in compliance with all applicable laws, including applicable restrictions concerning copyright and other intellectual property rights. You may only use Software for your commercial, non-residential use and may not charge or receive any fee for use of any Software.
6. Open Source
Certain Software may contain open source software, as described here. This open source software is subject to additional terms and conditions. If there is any conflict between the terms of this License Agreement and the terms of an open source software license, then the terms of the open source software license will apply, but only for that open source software.
7. Term and Termination
This License Agreement is effective when you first download, install, or use Software. This License Agreement remains in effect until it is terminated. You may terminate this License Agreement at any time by destroying or returning to us all copies of Software that you possess. We may terminate this License Agreement immediately if you violate any of its terms. Otherwise, this License Agreement will terminate upon termination of the Comcast Business Web Services Terms of Service. Upon termination, you agree to destroy or return to us all copies of any Software. If we request, you will certify in writing that you have destroyed all known copies, including backup copies of Software. All provisions relating to proprietary rights shall survive the termination of this License Agreement.
8. Additional Terms
If you are a Comcast Business subscriber, this License Agreement, and not any license provision set forth in the terms governing your use of the applicable Comcast Business services (Small Business Terms and Conditions for Comcast Business services available at www.business.comcast.com/terms-conditions-smb, Enterprise Terms and Conditions for Comcast Business services available at www.business.comcast.com/terms-conditions-ent, or other terms governing the relationship between Comcast and your enterprise), shall govern your download, installation, and use of Software. Further, your download, installation and use of Software is subject to the provisions of the terms and conditions set forth in the Comcast Business Web Services Terms of Service, including, without limitation, the limited warranties, limitation of liability, indemnification, binding arbitration (as applicable), and general legal provisions.
If you are not a Comcast Business subscriber, the sections on limited warranties, limitation of liability, indemnification, binding arbitration, and general legal terms from the Comcast Business Web Services Terms of Service are incorporated herein by reference. These provisions will apply to download, installation, and use of Software by non-subscribers. Additional terms and conditions may also apply to use of certain features of Software, such as paperless billing and automatic payment services.
9. About These Terms
In the event of any conflict between this License Agreement on the one hand and either the Small Business Terms for Comcast Business services and Conditions, the Comcast Business Enterprise Terms and Conditions for Comcast business services, the Comcast Business Web Services Terms of Service, or other terms governing your use of Comcast Business services on the other hand, the terms of this License Agreement shall control, but only with respect to the conflicting provisions and your use of Software (as defined herein).
We may decide not to enforce our rights or exercise a remedy under this License Agreement in a specific instance. This will not be a waiver of our rights or remedies. Those rights or remedies will still be available to us. No waiver will be effective unless it is made in writing and signed by an authorized representative of Comcast.
We may change this License Agreement from time to time with or without notice. By continuing to use Software after we post changes to this License Agreement, you accept and agree to the License Agreement as modified.