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Agreement Supplement for Streem (iOS Software)

This is a legally binding agreement. Please read it carefully. By installing or using the Streem for iOS software and/or any updates to such software provided by Streem (the “Software”), you:

  • agree to the following terms on behalf of the Streem customer by which you are employed or associated (the “Customer”),
  • represent that you have the authority to bind the Customer to these terms, and
  • represent that you are an authorised User under the Agreement between Streem Pty Ltd and the Customer (the Contract Agreement) and that your name is listed on the “List of approved Users” contained within the Contract Agreement.

If you do not have such authority, are not an authorised User, or do not agree to these terms, you may not install or use the Software.

Apple Inc. may, at any time and without notice, restrict, interrupt or prevent use of the Software, or delete the Software from your or the Customer’s Apple devices, or require Streem to do any of the foregoing, without entitling the Customer or you to any refund, credit or other compensation from Streem or any third party (including, but not limited to, Apple Inc. or your network connectivity provider).

This Agreement Supplement was last updated on November 1, 2014. It is effective between the Customer and Streem as of the date you first download, install or use the Software, whichever comes first.

1. Agreement Supplement

This Agreement Supplement is part of the Contract Agreement which the Customer signed at the time of subscription to the Streem realtime news and data tracking service. This Agreement Supplement is governed by the Contract Agreement. This Agreement Supplement adjusts certain terms of the Contract Agreement between Streem and the Customer, solely with respect to the iOS Software.

2. The Software

The Software allows Streem customers to use Streem realtime news and data tracking services from Supported iPhone / iPod Touch and/or iPad Devices. A supported iPhone / iPod Touch and/or iPad Devices is a combination of an Apple iPhone, iPod touch model or iPad and relevant iPhone, iPod touch or iPad software version(s) that is supported by the Software. The Software is provided by Streem as a component of the Streem realtime news and data service.

3. Who you are contracting with

This Agreement Supplement is being entered into between the Streem entity named on the Contract Agreement (Streem Pty Ltd) and the Customer. In this Agreement Supplement, the term “Streem” means that entity.

4. Software License

The Software, including software embedded in the Software, is licensed, not sold, to the Customer by Streem only under the terms of the Contract Agreement and this Agreement Supplement. Streem reserves all rights not expressly granted to the Customer. The Customer or you own the media or device on which the Software is recorded or stored but Streem retains ownership of the Software itself. The Customer agrees that no claim of ownership can be made relating to the Software as a result of downloading and using the Software.

5. Permitted License uses and Restrictions

(a) This Agreement Supplement allows you, as an authorised User under the Contract Agreement, to use the Software on any Supported Device and on no other devices.

(b) You may not distribute or make the Software available over a network where it could be used by multiple devices at the same time.

(c) With respect to updates to the Software that Streem may make available for download, this Agreement Supplement allows you to download such Software updates to update or restore the Software on any Supported Device.

(d) Except as and only to the extent permitted by applicable law, or by licensing terms governing use of open-sourced components included with the Software, neither you nor any other Customer personnel may copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Software or Software updates, or any part thereof. Any attempt to do so is a violation of the rights of Streem and its licensors. If you or any other Customer personnel violate this restriction, you or they, and the Customer, may be subject to prosecution and damages.

(e) Neither you nor the Customer may rent, lease, lend, redistribute or sublicense the Software. Each User must use their own individual account provided by Streem at registration, and access the Software using their 10 digit mobile number and 4 digit personal identification number (PIN) unique to the User named in the Account Settings and the Contract Agreement ‘List of approved Users’. Streem reserves the right to suspend or terminate without refund or compensation any User found to be distributing, sharing or providing access to the Software to any individual User not named in the Contract Agreement or ‘List of approved Users’. Streem monitors the use of each User account.

(f) The Software is available only for Supported Devices, and is not available for all devices. Please contact Streem to determine whether a specific device-iOS software combination is supported by the Software.

6. Term and Termination

Streem may terminate this Agreement Supplement at any time upon 30 days notice to the Customer without cause, or immediately upon notice to the Customer if any third party (including, but not limited to, Apple Inc., or your network connectivity provider) restricts, prevents or ceases to authorise the installation or use of the Software on your Supported Device or over your network. In addition, this Agreement Supplement shall terminate immediately and automatically upon any termination or expiration of the Customer’s subscription to the Streem realtime news and data tracking service. Upon any such termination or expiration, the Customer (including you) shall no longer be permitted to use the Software, and shall delete or destroy all copies of the Software in its (including your) possession.

Termination of this Agreement Supplement shall not entitle the Customer to any refund, credit, or other compensation from Streem under the Contract Agreement or any other agreement or from any third party.

7. Service Level Agreement

Any service level agreement in effect between the Customer and Streem shall not apply to the Software.

8. Terms required by Apple inc.

(a) This Agreement Supplement is between the Customer and Streem only, and not with Apple. Streem is solely responsible for the Software.

(b) The Customer’s use of the Software must comply with the Usage Rules set forth in the Apple App Store Terms of Use.

(c) Streem is solely responsible for providing and Apple has no obligation to provide maintenance and support for the Software. Support requests, as well as questions, complaints or claims regarding the Software, may be directed to Streem, which Users may contact by emailing help@streem.com.au

(d) In the event of any failure of the Software to comply with the warranty in the Contract Agreement, the Customer may notify Apple, and Apple will refund the purchase price paid for the Software at the time of download from the Apple App Store (if applicable). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and will not be liable for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. Streem shall not be required to provide a refund to you or to the Customer under any circumstances.

(e) Apple shall not be responsible for addressing any claims by you, the Customer or any third party relating to the Software or the Customer’s possession and/or use of the Software, including but not limited to (i) product liability claims, (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement, or (iii) claims arising under consumer protection or similar legislation.

(f) Apple shall not be responsible for the investigation, defense, settlement or discharge of any claim that the Software, or your or the Customer’s possession and use of the Software, infringes a third party’s intellectual property rights.

(g) The Customer represents and warrants that (i) the Software will not be downloaded or used in, or transported to, a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a “terrorist-supporting”country, and (ii) neither the Customer nor any User is listed on any U.S. Government list of prohibited or restricted parties.

(h) Streem’s address is Level 7, 46 Kippax Street, Surry Hills, NSW, 2010.

(i) Notwithstanding anything to the contrary in the Contract Agreement, Apple and its subsidiaries are third-party beneficiaries of this Agreement Supplement, and have the right (and shall be deemed to have accepted the right) to enforce this Agreement Supplement against you and the Customer.

By installing or using the Streem for iOS software and/or any updates to such software provided by Streem (the “Software”), you agree to the terms of this Agreement Supplement. To proceed and indicate your agreement, tap the ‘I Agree’ button below. Otherwise; exit the Software and remove it from your Device.