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+IMPORTANT PLEASE READ CAREFULLY LIVESTATION TECHNICAL TRIAL SOFTWARE
+EVALUATION LICENCE
+
+This Technical Trial Software Evaluation Licence (the “Agreement”)
+is a legal agreement between you and Skinkers Limited, a company
+incorporated in England and Wales (Company No: 04120457) having its
+registered office at Wellesley House, Duke of Wellington Avenue, Royal
+Arsenal London, SE18 6SS granting you limited rights to download and use
+our software, subject to the terms of this Agreement.
+
+YOU MUST READ THIS AGREEMENT CAREFULLY BEFORE INDICATING ACCEPTANCE
+AT THE END BY CLICKING THE "I ACCEPT" BUTTON. ANY AND ALL PERSONAL
+INFORMATION OBTAINED FROM YOU BY US RELATING TO THIS AGREEMENT
+AND THE SOFTWARE IS SUBJECT TO OUR PRIVACY POLICY, LOCATED AT
+WWW.LIVESTATION.COM/PRIVACY AND, BY CLICKING THE "I ACCEPT" BUTTON
+BELOW, YOU ALSO AGREE TO THE TERMS AND CONDITIONS OF SUCH PRIVACY
+POLICY. IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS AGREEMENT, CLICK
+ON THE "I DO NOT ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU
+CLICK ON THE “I DO NOT ACCEPT” BUTTON YOU WILL NOT BE PERMITTED TO
+DOWNLOAD AND USE THE SOFTWARE. RECITALS:
+
+(A) We have developed the Livestation software in a pre-production
+(Technical trial) form (the “Software”) and we wish to grant a
+limited number of users certain limited rights to use the Software for
+the purposes of testing and evaluating its functionality.
+
+(B) You wish to participate in the Evaluation Process (as defined below)
+and to use and evaluate the Software on the terms and conditions
+contained in this Agreement.
+
+THE PARTIES AGREE AS FOLLOWS:
+
+1. Software Licence
+
+1.1 We grant you a personal, non-exclusive, royalty-free,
+non-transferable, revocable licence during the Term to download and use
+the Software solely for the purposes of testing and evaluation by you,
+without the right to sub-licence such rights, solely on the terms and
+subject to the conditions of this Agreement. The “Term” means the
+period from the date that you accept this Agreement by clicking the
+"I ACCEPT" button below (the “Acceptance Date”) until the date of
+termination or expiry of this Agreement.
+
+1.2 You shall report promptly to us in such manner and formats as we may
+designate all faults and problems you find with the Software and shall
+co-operate with us in diagnosing and correcting such faults and problems
+(the “Evaluation Process”).
+
+2. Registered and Licensed Users
+
+2.1 In order for you to download, access and use the Software, you must
+register with us and provide us with an email address and obtain a
+unique password for accessing and using the Software (the "Password").
+It is your responsibility to ensure that you keep your Password and
+other account details secure and confidential. They must not be
+disclosed to or used by any other person. You are responsible and wholly
+liable for all acts or omissions committed by any other person who
+accesses and / or uses the Software through or by means of your account
+or Password.
+
+2.2 Livestation delivers live television and radio broadcast programme
+services. Reception of these services may require a television or
+radio licence in some countries. You should ensure that your use of
+Livestation is covered by such a licence where required.
+
+2.3 Livestation also delivers desktop alerts and messages from time to
+time to your desktop by receipt of messages through your internet connection.
+You will need to keep your computer connected to the internet to receive these
+messages.
+
+3. The User’s Obligations
+
+3.1 You shall:
+
+(a) only use the Software in the manner, and for the purposes, expressly
+specified in this Agreement;
+
+(b) except as expressly provided in this Agreement, not use, reproduce,
+dispose of, deal with, rent, lease, loan, modify, adapt, reverse
+engineer, decompile or disassemble the whole or any part of the
+Software;
+
+(c) except as expressly provided in this Agreement, not copy, reproduce,
+republish, upload, post, transmit, or distribute the Software, or any
+portion thereof, or facilitate or permit any third party to do so;
+
+(d) not incorporate or allow the Software to be incorporated in any
+other software;
+
+(e) not attempt to access any systems, programs or data of ours that are
+not licensed under this Agreement;
+
+(f) not use any device or software to interfere or attempt to interfere
+with the proper operation of the Software;
+
+(g) keep confidential and not disclose (or make available any
+information on or relating to) the existence, features, functionality,
+capabilities or contents of the Software or your conclusions, opinions,
+findings or other information regarding the Software or your evaluation
+of the Software, or the contents of this Agreement (such confidentiality
+and non-disclosure obligations to survive the termination of this
+Agreement), provided that this Clause shall not extend to information
+which was rightfully in your possession prior to the negotiations
+leading to this Agreement, which was already public knowledge at the
+Acceptance Date or becomes so at a future date (otherwise than as a
+result of a breach of this Clause) or which you are legally required
+by applicable law, rule, regulation or lawful order or ruling of any
+court, government agency or regulatory commission to disclose, in
+which case you agree that you will provide us with prompt notice of
+such requirement to enable us to seek an appropriate protective order
+or to take steps to protect the confidentiality of our confidential
+information, and in the event such protection is not obtained or we
+waive compliance with the provisions of this Clause, you agree that
+you will disclose only that portion of the confidential information
+which you are legally required to disclose. For the avoidance of doubt,
+this Clause shall not apply to any information that we have expressly
+directed you to disclose or make available to us or any third party;
+
+(h) safeguard the Software from access by anyone other than yourself;
+and
+
+(i) not delete or in any manner alter any notices, disclaimers,
+insignia, lettering or other legends contained in the Software or
+appearing on any screens, documents, reports, numeric results or other
+materials obtained by you through use of the Software.
+
+3.2 Notwithstanding Clause 3.1(b) and provided that the EU Software
+Directive or other applicable law confers or may confer on you any
+right to decompile or disassemble any portion of the Software or its
+components you shall not attempt or commence any such disassembly or
+decompilation unless: (1) prior to such actual or attempted disassembly
+or decompilation, you have notified us in writing that you require such
+information as is necessary to permit you to create an independent
+program which can be operated with any portion of the Software or its
+components and we have not provided such information within one (1)
+month of your written request, and (2) the information so obtained is
+not used for any other purpose.
+
+3.3 You shall not copy or reproduce the Software other than as expressly
+permitted elsewhere in this Agreement, except that you may make one copy
+for backup and security purposes. You hereby acknowledge that all copies
+(whether complete copies or partial copies) made of the Software are our
+property.
+
+4. User Representations and Warranties
+
+4.1 You represent and warrant to us that you have authority to enter    
+into this Agreement, and that you will participate in the Evaluation  
+Process with reasonable skill and care. 
+
+4.2 Livestation allows users to create links to third-party streams.
+The streams’ content, business practices and privacy policies are
+not under our control, and we are not responsible for the content of
+any linked stream, website or any link contained in a linked stream or
+website. The inclusion of a link by Livestation you add does not imply
+any endorsement by or any affiliation with Livestation. In accessing
+the streams or links or following links to third-party websites or
+streams you may be exposed to content that you consider offensive or
+inappropriate. You agree that your only recourse is to stop using
+Livestation or the streams or links. You may remove your link to a
+stream at any time.
+
+4.3 Livestation reserves the right to remove or modify any           
+information, streams, links or user’s account at any time without     
+notice. In the event of complaint from any third party Livestation may  
+contact you before removing or blocking access to any information but   
+shall not be obliged to do so. Before viewing streams or adding links   
+or other information you agree to confirm that doing so will not be in  
+breach of any law or third party rights.                                
+
+4.4 You agree that we may copy, share, store, amend or delete any
+information we deem appropriate in the provision and operation of
+the Livestation service. This ability shall not reduce or amend your
+responsibility for ensuring that use of any information (including
+links and streams) you provide is legal. You recognise and agree
+that Livestation does not check the content of each link and you
+represent and warrant to Livestation that you have the right to grant,
+to Livestation a perpetual, non-exclusive, transferable, fully paid,
+worldwide license (with the right to sublicense) to use, copy, publicly
+perform, publicly display, reformat, translate, excerpt (in whole or
+in part) and distribute the material which you are linking to for any
+purpose connected with Livestation including commercial, advertising, or
+otherwise. You can remove a link at any time, if you choose to remove
+your link, the license granted above will automatically expire. You
+agree to hold harmless and indemnify Livestation in respect of any claim
+by any third party arising from your use of or creation of a link to a
+stream in Livestation.
+
+4.5 Livestation makes no warranties whatsoever regarding the license
+agreements required for accessing, and the information provided through,
+any stream or link, and disclaims all liability for damages, including
+without limitation, any general, special, incidental or consequential
+damages, resulting from their use. Livestation also reserves the right
+to collect information about creation and viewing of user added streams,
+including but not limited to anonymous usage information for statistical
+purposes.
+
+5. Liability
+
+5.1 Except as otherwise expressly provided in this Agreement:
+
+(a) the Software is provided "as-is" and, to the maximum extent
+permitted by applicable law, we disclaim all conditions and warranties
+of any kind, express (unless set out in this Agreement) or implied,
+regarding the Software or otherwise relating to this Agreement,
+including conditions and / or warranties of fitness for a particular
+purpose, satisfactory quality, merchantability, non-infringement and
+accuracy;
+
+(b) we do not warrant or represent that the Software is or will be
+accurate, free from defects, complete, without error, or free of
+viruses, worms, other harmful components, or other program limitations,
+or that it will function correctly or at all;
+
+(c) you assume the entire cost of all necessary servicing, repair, or
+correction of problems caused by viruses or other harmful components, or
+the failure of the Software to operate or operate correctly;
+
+(d) we make no warranties or representations as to the accuracy,
+quality, reliability, suitability, completeness, truthfulness,
+usefulness, or effectiveness of the Software; and
+
+(e) use of the Software is entirely at your own risk and we shall have
+no liability or responsibility to you under or in relation to this
+Agreement.
+
+5.2 You shall use the Software at your own risk and in no event shall
+we be liable to you for any loss or damage of any kind (except personal
+injury or death resulting from our negligence) arising from the your use
+of or inability to use the Software or from faults or defects in the
+Software whether caused by negligence or otherwise.
+
+5.3 The express terms of this Agreement are in lieu of all warranties,
+conditions, undertakings, terms and obligations implied by statute,
+common law, trade usage, course of dealing or otherwise all of which are
+hereby excluded to the fullest extent permitted by law.
+
+5.4 You agree to defend, indemnify and hold us harmless from any losses,
+liabilities, damages, actions, claims or expenses (including legal
+fees and court costs) arising or resulting from your breach of any
+term of this Agreement or caused by your acts or omissions or the acts
+or omissions of any other person using your Password or other account
+details.
+
+5.5 Nothing in this Agreement shall operate to avoid or exclude the
+liability of either party for death or personal injury caused by its
+negligence or for fraud.
+
+5.6 Subject to Clause 5.5, without prejudice to any provision of this
+Agreement, our maximum aggregate liability to you under or in relation
+to this Agreement or any matter arising out of it shall be £500.
+
+6. Term and termination
+
+6.1 This Agreement and your right to use the Software shall be
+effective from the Acceptance Date and shall continue in force unless
+and until terminated in accordance with the provisions set out in this
+Clause 6.
+
+6.2 We may terminate this Agreement immediately without liability on
+written notice to you for any reason whatsoever.
+
+6.3 Without prejudice to Clause 6.2 above, this Agreement may also be
+terminated immediately by either party on giving notice in writing to
+the other if:
+
+(a) the other shall have a receiver or administrative receiver
+appointed or shall pass a resolution for winding-up (otherwise than
+for the purpose of a bona fide scheme of solvent amalgamation or
+reconstruction);
+
+(b) a court of competent jurisdiction shall make an order to that
+effect;
+
+(c) the other party shall become subject to an administration order;
+
+(d) the other party shall enter into any voluntary arrangement with its
+creditors;
+
+(e) the other party shall cease or threaten to cease to carry on
+business; or
+
+(f) the other party shall commit any breach of this Agreement.
+
+6.4 Any termination of this Agreement shall not affect any accrued
+rights or liabilities of either party nor shall it affect the coming
+into force or the continuance in force of any provision of this
+Agreement which is expressly or by implication intended to come into or
+continue in force on or after such termination.
+
+6.5 On termination of this Agreement, you must immediately cease using
+the Software and, unless we otherwise agree in writing, you may not
+directly or indirectly download, access or use the Software (or any
+other software made available by us). You must also destroy and /
+or delete all copies of the Software (and any materials provided in
+connection with it by us). Without prejudice to the foregoing, we
+shall also be entitled on termination of this Agreement to disable the
+Software if you have not destroyed / deleted it.
+
+6.6 Sections 3(g), 3(h), 5, 6.4, 6.5, 7, 8, 9, 13, and 14 shall survive
+this Agreement on termination.
+
+7. Reservation of rights
+
+7.1 We reserve the right to:
+
+(a) suspend access to the Software and replace it with another version
+at any time during the term of this Agreement;
+
+(b) disable the Software or require you to cease using it at any time;
+and
+
+(c)charge you for access to and use of the Software, by giving no
+less than 7 days’ notice in writing. If we have notified you of our
+decision to charge for use of the Software and you do not wish to pay
+for your use of the Software, you must notify us and cease absolutely to
+use the Software. On the sending of any such notice, this Agreement will
+automatically terminate.
+
+8. Intellectual Property Rights
+
+8.1 We or our licensors own all rights, title and interests in the
+Software including trade secrets, patents, copyrights and database
+rights, and the Software shall remain the sole and exclusive property of
+us or our licensors. Except as provided in Clause 1.1 of this Agreement,
+you have no, and are not granted, any right, title, interest or licence
+in the Software.
+
+8.2 You grant us a non-exclusive, perpetual, irrevocable, worldwide,
+royalty-free licence with the right to sublicense, use, copy, transmit,
+distribute, create derivative works of, display and perform the same
+in respect of any materials or other information (including, without
+limitation, ideas, concepts or techniques for new or improved services
+and products) submitted by you in connection with the Evaluation
+Process, whether as feedback, data, questions, comments, or suggestions.
+
+8.3 Livestation viewers using any of Livestation's interactive features 
+agree that any statement, comment or other contributions made by Livestation
+users may be republished by Livestation and/or Livestation's partner
+broadcasters including, but not limited to, being broadcast live on-air.
+
+8.4 You agree and understand that any website logs, site statistics or
+other data collected by us (the “Site Statistics”) shall be and
+remain our sole and exclusive property.
+
+8.5 This Agreement does not grant you a licence to use any of our trade
+marks, trade names, or logos, and you recognise that our trade marks,
+trade names and logos are valuable assets of ours and that substantial
+recognition and goodwill are associated with them. You agree that you
+shall not use or permit any third party to use, at any time, our trade
+marks, trade names, or logos.
+
+9. Hardware and Service Requirements
+
+9.1 You are solely responsible for acquiring, servicing, maintaining,
+and updating all equipment, computers, software and communications
+services not owned or operated by or on behalf of us, to enable you to
+download, access and use the Software, and for all expenses relating
+thereto (plus any applicable taxes). You agree to download, access and
+use the Software in accordance with any and all operating instructions
+or procedures that may be issued by us, as amended by us from time to
+time. You must promptly implement all updates, patches and upgrades to
+the Software and, if instructed, uninstall and replace the Software with
+any new versions or releases that we provide to you.
+
+10. Performance
+
+10.1 Use of the Software enables users to view alerts, messages and
+other content transmitted or made available by us or our Authorised
+Licensees over a peer-to-peer network. By downloading the Software
+and entering into this Agreement, you acknowledge and agree that your
+internet connection, computer and related equipment and resources (for
+example, a home Wi-Fi network) may be used by you for viewing such
+content and that they may also be used for retransmitting such content
+to other users on the peer-to-peer network. Use of the Software may
+impact your system resources and bandwidth usage. You agree to us
+sending you messages and alerts using the Software. Any charges imposed
+by your ISP for such bandwidth usage are your responsibility. For the
+avoidance of doubt, unless you have entered into a separate licence
+agreement with us under which you are expressly permitted to transmit
+content over the Livestation peer-to-peer network, you are not an
+Authorised Licensee and you may not, under any circumstances whatsoever,
+transmit any content over the peer-to-peer network or by means of our
+Software except such content as we have made available to you and which
+is automatically retransmitted by the Software without any intervention
+by you.
+
+10.2 You understand and agree that the operation and availability of the
+systems used to transmit information or for accessing and interacting
+with the Software including, the public telephone, computer networks and
+the internet, whether or not supplied or made available by us, you or
+others, can be unpredictable and may, from time to time, interfere with
+or prevent the access to and/or the use or operation of the Software.
+We are not in any way responsible for any such interference with or
+prevention of your access and/or use of the Software.
+
+11. Training and Support
+
+11.1 Unless we otherwise agree, we will not provide any training or
+support to you relating to the Software.
+
+12. Notices
+
+12.1 Notices
+
+All questions or comments concerning this Agreement shall be submitted
+to us by you via email at support@livestation.com. All Notices to be
+given under this Agreement by you shall be sent to the same address,
+with a copy to notices@livestation.com.
+
+All Notices to be given under this Agreement to you by us shall be
+submitted via email to the address notified to us by you as part of the
+registration process, or such other email address as you may confirm to
+us by updating your registration details. It is your responsibility to
+ensure that you have provided us with current and correct email details.
+All Notices sent by us to the email address last provided by you shall
+be deemed valid and effective and we shall not be liable or responsible
+if any Notice fails to reach you because you have not provided us with
+the correct details or have failed to keep them up to date.
+
+12.2Acceptance
+
+(a) By accepting below and providing us with your email address you
+agree and consent to: (i) contract electronically with us in accordance
+with this Agreement; and (ii) receipt of electronic legal notices
+regarding this Agreement to the email address you have provided to us.
+
+12.3 Agreement Please print a copy of this Agreement for your records
+and keep it securely.
+
+13. General Provisions
+
+13.1 Severability and Waiver
+
+If any provision of this Agreement is held by a court of competent
+jurisdiction or other competent authority to be invalid, unlawful
+or unenforceable for any reason then such part will be severed from
+the remainder of this Agreement, which will continue to be valid and
+enforceable to the fullest extent permitted by law. The parties agree to
+replace any invalid provision with a valid provision which most closely
+approximates the intent and economic effect of the invalid provision.
+In the event of a holding of invalidity so fundamental as to prevent
+the accomplishment of the purpose of the Agreement, the parties shall
+promptly commence good faith negotiations to remedy such invalidity.
+No delay on the part of either party in exercising any right or remedy
+under this Agreement shall operate as a waiver thereof nor shall any
+single or partial exercise of any right or remedy under this Agreement
+preclude any other or further exercise of such right or remedy.
+
+13.2 Definitions and Headings
+
+References to:
+
+(a) The “Software” include references to all modifications, patches,
+updates, upgrades, new versions and releases of the Software provided
+by us to you, unless provided to you under the terms of any separate
+licence agreement entered into between us.
+
+(b) “You” and “your” are to you, the individual who has accepted
+the terms and conditions of this Agreement;
+
+(c) “We”, “us” and “our” are to Skinkers Limited, as       .
+defined above, and its permitted successors and assignees Headings used.
+in this Agreement are for reference purposes only and do not define or .
+limit the scope or extent of the clauses to which they relate or in any.
+way affect this Agreement                                              .
+
+13.3 Assignment and Sub-contracting
+
+This Agreement and your rights, duties and obligations hereunder are
+personal to you and you may not assign your rights, delegate your duties
+or subcontract your rights without our prior written consent, which
+we may provide or withhold at our entire discretion. We may assign,
+transfer, or delegate this Agreement and / or all or any of our rights
+and obligations under it or grant or sub-contract all or any of such
+rights and obligations to any person or entity. The parties’ rights
+and obligations will bind and inure to the benefit of their respective
+successors and permitted assigns.
+
+13.4 Independent Contractors
+
+The parties to this Agreement are independent contractors, and no
+agency, partnership, joint venture or employee-employer relationship
+is intended or created by this Agreement. Neither party shall have the
+power to obligate or bind the other party.
+
+13.5 Data Protection
+
+Both parties warrant that they will duly observe all their obligations
+under the Data Protection Act 1998 (as amended) which arise in
+connection with this Agreement.
+
+13.6 Amendments
+
+We reserve the right, at any time, to change the terms of this
+Agreement, including our privacy policy, by providing you with notice of
+such changes. Any use of the Software by you after such notification of
+any such changes shall constitute your acceptance of the Agreement as
+modified. This Agreement may not otherwise be amended except as agreed
+by both parties in writing.
+
+13.7 Entire Agreement
+
+(a) Each party acknowledges that, in entering into this Agreement,
+it does not do so on the basis of, and does not rely on, any
+representation, warranty or other provision except as expressly provided
+in the Agreement and all conditions, warranties or other terms implied
+by statute or common law are hereby excluded to the fullest extent
+permitted by law.
+
+(b) This document is the entire Agreement between the parties and
+supersedes all other agreements or arrangements, whether written or
+oral, express or implied.
+
+(c) You and we acknowledge and agree that the allocation of risk
+and liability contained in this Agreement is reasonable in all the
+circumstances having regard to all relevant factors including the
+functionality and capabilities of the Software and the testing and
+evaluation purposes of this licence.
+
+13.8 Injunctive Relief
+
+Each party acknowledges that a violation of Clauses 1, 3, 8, 9 and 10.1
+of this Agreement would cause irreparable harm to the other party for
+which no adequate remedy at law exists and each party therefore agrees
+that, in addition to any other remedies available, the aggrieved party
+shall be entitled to seek injunctive relief to enforce the terms of
+Sections 1, 3, 8, 9 and 10.1. The prevailing party shall be entitled to
+recover all costs and expenses, including reasonable legal fees incurred
+because of any such legal action.
+
+13.9 Force Majeure
+
+We will not be responsible for any failure to perform due to causes
+beyond our reasonable control, including, acts of God, acts of
+terrorism, war, riot, embargoes, acts of civil or military authorities,
+national disasters, strikes and the like.
+
+13.10 Contracts (Rights of Third Parties) Act 1999
+
+This Agreement is enforceable only by you and us and nothing in this
+Agreement confers or is to be deemed to confer a benefit on a person not
+a party to this Agreement. It is hereby agreed between the parties that
+the Contracts (Rights of Third Party) Act 1999 shall not apply to this
+Agreement.
+
+13.11 Law
+
+This Agreement shall be governed by and construed in accordance with
+English law and the parties submit to the exclusive jurisdiction of the
+English Courts.