VideoNow End User License Agreement and Privacy Policy

Application name: VideoNow
Application owner: Intelsat US LLC
Application developer: Sofia Digital

# INTELSAT’S VIDEONOW ELECTRONIC PROGRAM GUIDE (EPG) AND LIVETV APPLICATION

## END USER LICENSE AGREEMENT AND PRIVACY POLICY

Last updated on April 14, 2025

## 1. LICENSE GRANT

1.1 We hereby grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Application on Android TV devices that you own or control in the United States and/or Canada, provided you comply with the terms below, and that any use of the Application is solely for your personal, private, non-commercial use.

1.2 You acknowledge that you do not own the Application, but only have the right to use it in accordance with this Agreement.

## 2. DATA COLLECTION AND PRIVACY

2.1 When the Application is installed and run on a compatible Android TV or Google TV device, this activity is logged in the analytics database maintained by us and/or our partners. The access data is anonymously tabulated to track total visitors, total visitors per channel, total time spent on a channel, and the amount of time spent watching a particular program.

2.2 No data is ever collected about the results of individual behavior of individual people.

2.3 The collected data is anonymized before it is sent to the analytics server, including the last 16 bits of the IP address of the user.

2.4 In addition, the Application can use tracking SDKs for usage analytics purposes.

2.5 This individual line data is never distributed outside the Company or its partners.

## 3. PROHIBITED ACTIONS

You agree not to, and will not permit others to:

3.1 Copy, modify, distribute, sell, lease, sublicense, or transfer the Application or any portion thereof.

3.2 Reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Application.

3.3 Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices from the Application.

3.4 Use the Application for any illegal purpose or in violation of any local, state, national, or international law.

3.5 Interfere with or disrupt the Application or servers or networks connected to the Application.

3.6 Circumvent, disable, or otherwise interfere with security-related features of the Application.

## 4. WARRANTY DISCLAIMER

4.1 THE APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

4.2 COMPANY SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

4.3 COMPANY MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

4.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH THE APPLICATION, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

## 5. LIMITATION OF LIABILITY

5.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE APPLICATION.

5.2 UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE APPLICATION OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

5.3 COMPANY’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE LESSER OF (A) THE AMOUNT YOU PAID FOR THE APPLICATION IN THE PAST SIX (6) MONTHS, OR (B) FIFTY DOLLARS ($50.00).

5.4 THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS IN ITS ESSENTIAL PURPOSE.

## 6. TERMINATION

6.1 This Agreement is effective for as long as you use the Application, unless terminated earlier by Company pursuant to the below.

6.2 Your rights under this Agreement will terminate automatically without notice from Company if you fail to comply with any term of this Agreement.

6.3 Company may, in its sole discretion, terminate or suspend your access to or use of the Application at any time without notice for any reason, including if Company, in its sole discretion, believes you have violated this Agreement.

6.4 Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your devices.

## 7. INTELLECTUAL PROPERTY

7.1 The Application and its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Company, its licensors, or other providers of such material, and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

7.2 All company names, logos, and related product and service names, designs, and slogans, are trademarks of Company, its affiliates, or their respective licensors. You may not use such marks without the prior written permission of Company.

## 8. GOVERNING LAW AND DISPUTE RESOLUTION

8.1 This Agreement shall be governed by and construed in accordance with the laws of the state of New York, without regard to its conflict of law provisions.

8.2 Any dispute arising from or relating to this Agreement or the Application shall be resolved exclusively through binding arbitration in New York, New York in accordance with the rules of the International Chamber of Commerce (“ICC”).

8.3 You agree that each arbitration shall be conducted on an individual basis and not in a class, consolidated, or representative action.

8.4 Notwithstanding the foregoing, Company may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.

## 9. UPDATES AND MODIFICATIONS

9.1 Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time.

9.2 Material changes to this Agreement will be notified to you through the Application.

9.3 By continuing to access or use the Application after any revisions become effective, you agree to be bound by the revised Agreement. If you do not agree to the new terms, you must stop using the Application.

9.4 Company may, from time to time, develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Application (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent.

## 10. THIRD-PARTY SERVICES

10.1 The Application may display, include, or make available third-party content or provide links to third-party websites or services, including the usage analytics tracking SDK.

10.2 By using the Application, you acknowledge and agree that Company is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such third-party services. Company does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party services.

10.3 Your use of third-party services may be subject to additional terms and conditions provided by such third parties, and it is your responsibility to review and comply with such terms.

## 11. EXPORT CONTROL

11.1 You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.

11.2 You must comply with all domestic and international export laws and regulations that apply to the Application.

## 12. CONSUMER RIGHTS NOTICE

12.1 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations in Sections 4 and 5 may not apply to you.

12.2 Nothing in this Agreement affects your statutory rights as a consumer to the extent that such rights cannot be altered or waived by contract under applicable law.

## 13. GENERAL PROVISIONS

13.1 The failure of Company to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.

13.2 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

13.3 This Agreement constitutes the entire agreement between you and Company regarding the Application and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.

BY INSTALLING, ACCESSING, OR USING THE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

Last Updated: April 14, 2025
Intelsat US LLC
7900 Tysons One Place, 14th floor
McLean VA 22102
USA