Features and Functions.
Customer understands and agrees that the Device is only provided for use by Suddenlink internet Customers and is not operational without an Suddenlink internet connection. A Google account and login is required in order to utilize all the Device’s features and functionality. Customer may utilize certain Device features and functionality without a Google account.
Customer further understands and agrees that the Device is Altice Equipment as defined in the Residential Services Agreement and that Altice reserves the right to modify the Device, and the features and functionality thereof, at any time without notice to Customer. Failure to pay your bill for Suddenlink services when due may result in the discontinuance of Device functionality until the balance is brought current.
Restrictions on Use.
Customer agrees that his/her use of and access to the Device shall only be for personal and noncommercial use and not for public use or performances. Customer agrees that s/he shall not access or use any software, system, device or other technology to enable the Device or any feature or functionality thereof to be accessed or used in any manner or for any other purpose other than as expressly permitted hereunder.
All rights not expressly granted in these Terms are reserved. No license is granted to Customer in the source code of the Device.
As between Customer and Altice, Altice shall have sole and exclusive ownership of all right, title, and interest in and to the Device, all copies thereof, all derivatives thereof, and all modifications and enhancements thereto (including ownership of all copyrights and other intellectual property rights pertaining thereto). These Terms do not provide Customer with title or ownership of the Device, but only a right of limited use.
Limitations on Use.
Customer may not decompile, reverse engineer, translate, disassemble, modify, port, translate, copy, reproduce, duplicate, distribute, create derivative works of the Device or in any way derive, reconstruct, identify or discover from the Device any source code, underlying ideas, or algorithms by any means. Customer also agrees not to sell, lease, license, sublicense, distribute, assign, transfer or otherwise grant any rights to the Device. Customer agrees not to remove, alter, or obscure any product identification, proprietary, copyright, or other intellectual property notices, labels or marks contained or embedded within or on the Device. Customer agrees not to use the Device for purposes of comparison with or benchmarking against products or services made available by third parties. Further, Customer may not, directly or indirectly, disclose, distribute or make commercial use of the Device or incorporate the Device into Customer's products or software. Customer may not use the Device in an attempt to circumvent technological measures implemented to control the rights to and access and use of any content, files or other material made available in or through the Device.
The Device is only available to residential Suddenlink internet Customers who are in good standing and by using the Suddenlink internet service.
Customer agrees that Customer may not use or export the Device (i) except as consistent with these Terms and applicable United States law and (ii) into any US embargoed country. Customer represents and warrants that Customer is not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist" supporting country, and that Customer is not listed in any US government lists of prohibited or restricted parties.
ALTICE PROVIDES THE DEVICE, THIRD PARTY SOFTWARE AND ANY THIRD PARTY MATERIALS ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALTICE HEREBY DISCLAIMS ANY AND ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE EXTENT PERMITTED BY LAW. ALTICE MAKES NO WARRANTY OR GUARANTEE THAT THE DEVICE OR THIRD PARTY SOFTWARE SHALL BE UNINTERRUPTED OR ERROR-FREE AND SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY ERRORS, LOSSES, OR INTERRUPTIONS IN CONNECTION WITH CUSTOMER'S USE THEREOF, INCLUDING BUT NOT LIMITED TO INTERMITTENT SERVICE, SUITABILITY, ACCURACY OR COMPLETENESS OF CONTENT, ERRONEOUS DELETIONS, FAILED RECORDINGS, AND INABILITY TO ACCESS PROGRAMS OR PROGRAM INFORMATION.
Third Party Software.
Customer acknowledges that use of the Device may require software that is licensed, sold and/or provided to Customer by third parties and is included on Customer's Device ("Third Party Software"). Notwithstanding any other provision of these Terms to the contrary, these Terms shall not be deemed to apply to any Third-Party Software and such Third-Party Software is subject to the terms and conditions of the license agreement between Customer and the licensor of the Third Party Software.
Any questions or comments regarding the Device should be directed to Altice at 1111 Stewart Avenue, Bethpage, NY 11714 or (888) 822-5151.
Choice of Law.
These Terms and any action for its enforcement shall be exclusively governed by, and construed in accordance with, the laws of the State of New York, without giving effect to conflicts of laws principles thereof.
Changes to the Device and these Terms.
Altice may, in its sole discretion, change, modify, add or remove portions of these Terms at any time. Altice may notify Customer of any such changes to this agreement by posting notice of such changes on the Suddenlink website, by written or electronic correspondence, or through an update - required or otherwise - to the Device. The Customer's continued use of the Device following notice of such change, modification or amendment shall be deemed to be the Customer's acceptance of any such modification. If Customer does not agree to any modification of these Terms, Customer must immediately cease using the Device.
Effective Date: 6-7-2021