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Freedom TV Software Licence Agreement

Updated as of April 23, 2024

This Software Licence Agreement governs your use of any Freedom TV software application that you download, install and/or use (“Software”). If you do not understand or agree to the terms and conditions of this agreement, you must not download, install or use the Software; if the Software is already installed, you must delete or return all copies to Freedom, as applicable. This Software Licence Agreement must be read with the other documents forming part of your complete agreement with Freedom for television service (“Agreement”), which also includes your Communications Service Agreement (both Part 1 – Your Agreement and Part 2 – Terms of Service (hereinafter “Service Terms”)), the Freedom TV Service Agreement and our Privacy Policy. Unless otherwise defined herein, all capitalized terms in this agreement have the meaning assigned to those terms in the Service Terms or elsewhere in the Agreement.

1. Are there any availability requirements or limitations?

The Software is available on compatible digital devices (including computers and mobile devices) through which you have an internet connection. Your digital devices, software and internet connection may have to meet minimum technical requirements, which may be made available by contacting Freedom at the contact coordinates listed in Section 44 of the Service Terms. These requirements may change from time to time without notice and you are responsible for updating or maintaining your digital devices, Software and internet connection as necessary to meet these requirements. We may also provide software updates from time to time as required. The Software is only available to use within Canada.

2. What is the term of this agreement?

This agreement is effective starting on your first download, installation or use of the Software, as applicable, and it remains in effect until cancelled by you or us, as described below.

You may cancel this agreement at any time by stopping use of the Software and deleting or returning to Freedom all copies of the Software. Alternatively, this agreement will be cancelled:

i. upon the cancellation of your Freedom TV services; or

ii. if Freedom finds that you have violated any of the terms of this agreement.

Upon cancellation, you agree to delete or return to Freedom all copies of the Software. All terms relating to proprietary rights shall survive cancellation of this agreement.

3. Can Freedom change the Software?

Yes, Freedom may change the Software (including any features and functionality), and any provision of this agreement, at any time without prior notice to you.

4. Who owns the Software?

Except for the limited rights granted to you in this agreement, all right, title, interest and intellectual property rights in and to:

i. the Software and its components; and

ii. any content available for viewing or download on or through the Software (the “Content”)

are retained by their respective owners and are protected by applicable trademark, copyright or other intellectual property laws and treaties.

5. What are my rights relating to the Software?

You are granted a personal, limited, non-exclusive, non-transferable, revocable licence to download, install and/or use the Software on your own digital device(s) in order to use the Freedom TV service, including viewing and downloading Content (as available). This licence is limited to your own personal, lawful, non-commercial use, which use must be in accordance with your Agreement. Without limitation, “personal, lawful, non-commercial use” means:

i. use which takes place in your private premises, or if outside your private premises, is limited to a private viewing for you and your invitees;

ii. use that specifically excludes any public presentation, even if no fee is charged;

iii. use that complies with all applicable laws in the jurisdiction in which you use the Software and/or Content; and

iv. use for which no fee or payment of any kind is charged or received.

6. Are there any restrictions or responsibilities relating to my use of the Software?

You understand and agree that you have been granted a limited licence and not a transfer of ownership in the Software or any Content. Without limiting the previous section, you may not:

i. copy, reproduce, record, make available to the public, distribute, transmit, broadcast, transfer, license, rent or sell the Software or Content, or any of their components;

ii. modify, adapt, alter or tamper with the Software or Content, or create any derivative works of any of them;

iii. reverse engineer, decompile or disassemble any of the Software;

iv. attempt to defeat, avoid, by-pass, remove, deactivate or otherwise circumvent any software protection mechanisms;

v. sell, attempt to sell or provide your password used to access the Software to any other person or use any other person’s use name and password; or

vi. circumvent any territorial restrictions, including by attempting to access Content away from your service address that is intended for home viewing only or by using Freedom TV outside of Canada.

You understand and agree that you are responsible for all Content and information accessed through the Software, and that Freedom has no liability for Content or information available through the Software that you find offensive, indecent or objectionable. You are responsible for supervising and controlling access to the Software for any minor under your care.

7. Why does the Software contain links to third-party websites?

The Software may contain links to other third-party websites. Freedom provides these links as a convenience to you and the inclusion of these links does not constitute an affiliation, endorsement or sponsorship by Freedom of these third-party websites or the content contained therein. Freedom makes no guarantee with regard to the content, veracity or accuracy of the information provided on these third-party websites and Freedom assumes no responsibility in this regard. You acknowledge that Freedom is not responsible or liable in any way for any content, advertising, services or goods obtained or made available through such third-party websites.