Features and Functions.
Subscriber understands and agrees that the Device is only provided for use by Optimum internet subscribers and is not operational without an Optimum internet connection. A Google account and login is required in order to utilize all the Device’s features and functionality. Subscriber may utilize certain Device features and functionality without a Google account.
Subscriber further understands and agrees that the Device is Optimum Equipment as defined in the General Terms and Conditions of Service (Business) and that Optimum reserves the right to modify the Device, and the features and functionality thereof, at any time without notice to Subscriber. Failure to pay your bill for Optimum services when due may result in the discontinuance of Device functionality until the balance is brought current.
Restrictions on Use.
Subscriber 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. Subscriber 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 Subscriber in the source code of the Device.
As between Subscriber and Optimum, Optimum 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 Subscriber with title or ownership of the Device, but only a right of limited use.
Limitations on Use.
Subscriber 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. Subscriber also agrees not to sell, lease, license, sublicense, distribute, assign, transfer or otherwise grant any rights to the Device. Subscriber 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. Subscriber agrees not to use the Device for purposes of comparison with or benchmarking against products or services made available by third parties. Further, Subscriber may not, directly or indirectly, disclose, distribute or make commercial use of the Device or incorporate the Device into Subscriber's products or software. Subscriber 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 Optimum internet Subscribers who are in good standing and by using the Optimum internet service.
Subscriber agrees that Subscriber 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. Subscriber represents and warrants that Subscriber 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 Subscriber is not listed in any US government lists of prohibited or restricted parties.
We may collect and use information regarding Subscriber's use of the Device and Subscriber's Device in accordance with the Customer Privacy Notice.
OPTIMUM PROVIDES THE DEVICE, THIRD PARTY SOFTWARE AND ANY THIRD PARTY MATERIALS ON AN "AS IS" AND "AS AVAILABLE" BASIS AND OPTIMUM 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. OPTIMUM 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 SUBSCRIBER'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.
Subscriber acknowledges that use of the Device may require software that is licensed, sold and/or provided to Subscriber by third parties and is included on Subscriber'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 Subscriber and the licensor of the Third Party Software.
Any questions or comments regarding the Device should be directed to Optimum 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.
Optimum may, in its sole discretion, change, modify, add or remove portions of these Terms at any time. Optimum may notify Subscriber of any such changes to this agreement by posting notice of such changes on the Optimum website, by written or electronic correspondence, or through an update - required or otherwise - to the Device. Subscriber's continued use of the Device following notice of such change, modification or amendment shall be deemed to be the Subscriber's acceptance of any such modification. If Subscriber does not agree to any modification of these Terms, Subscriber must immediately cease using the Device.
Effective Date: August 1, 2022