BY DOWNLOADING AND/OR USING ANY SOFTWARE AND/OR APPLICATIONS (COLLECTIVELY, "SOFTWARE") PROVIDED TO YOU BY OR ON BEHALF OF VITALITY VENTURES COMPANY LIMITED AND ITS AFFILIATED ENTITIES ("MILA") IN CONNECTION WITH YOUR USE OF THE MILA SERVICE, YOU ACKNOWLEDGE AND AGREE THAT (1) YOU HAVE READ THIS END USER LICENSE AGREEMENT ("LICENSE AGREEMENT"); (2) YOU UNDERSTAND IT; (3) YOU ARE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT; AND (4) YOU MAY RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE SOFTWARE. IF YOU DO NOT AGREE TO THE FOREGOING, YOU AGREE THAT YOU DO NOT HAVE A LICENSE TO, AND YOU WILL NOT USE, THE SOFTWARE.
This License Agreement contains details on your limited right and license to use the Software solely in connection
with your use of the Mila service. This License Agreement is between you and Mila and not any other party.
The Software is licensed, not sold or given, to you by Mila for use only under the terms of this License Agreement
and all rights not specifically granted to you herein are reserved to Mila and to any third party with ownership
rights in software and documentation used in the Software. You may not remove any proprietary notice of Mila or
any other party from any copy of the Software or documentation.
The rights granted under the terms of this License Agreement include any software upgrades that replace and/or supplement the original Software.
Mila reserves the right, from time to time, with or without notice to you, to change the terms of this License Agreement in our sole and absolute discretion. The most current version of this License Agreement will supersede all previous versions. Your use of the Software after changes are made means that you agree to be bound by such changes. As such, you should review the License Agreement periodically.
Grant of Limited License. Mila grants you (which, for purposes of this License Agreement, shall include members of your immediate household for whom you will be responsible hereunder and users of the Mila units or Mila apps with which you are accessing the Mila service and for whom you will be responsible hereunder) a non-exclusive, limited, personal and nontransferable license, subject to and conditioned on your compliance with the restrictions set forth in this License Agreement, to install and use the Software, in object code form only, provided to you by or on behalf of Mila in connection with your use of the Mila service.
The license grant above includes the right to use documentation accompanying the Software for the sole purpose of using the Mila service and the right to make one (1) backup copy of the Software, provided that (i) the Software may NOT be modified; (ii) all copyright notices are maintained on the Software; and (iii) you agree to be bound by all the terms of this License Agreement.
The Software is only for your own personal, non-commercial use and not for use in the operation of a business or service bureau, for profit or for the benefit or any other person or entity.
As a condition of the limited license for the Software granted to you in this License Agreement, except as and only to the extent expressly permitted in this License Agreement or by applicable law which cannot be waived by this License Agreement, you may NOT:
a. publish, display, disclose, rent, lease, modify, loan, distribute or create derivative works based on the Software or any part thereof;
b. copy, decompile, reverse engineer, disassemble, translate, adapt or otherwise reduce the Software to human readable form;
c. attempt to create the source code from the object code of the Software;
d. transmit or make the Software available over a network where it could be used by multiple computers or Mila ready devices at the same time;
e. make any third-party software contained in the Software a standalone product;
f. take any action that will infringe on the intellectual property or other proprietary rights of Mila or any third party software provider; or
g. sublicense or assign the Software.
No ownership rights. You have no ownership rights in any Software. Rather, you have a limited license to use the Software as long as this License Agreement remains in effect. Ownership of the Software and all intellectual property rights therein shall remain at all times with Mila and/or its licensors. Any other use of the Software by any other person, business, corporation, government or any other entity is strictly prohibited and is a violation of this License Agreement.
Software. There may be software programs contained within the Software that have been licensed to Mila by third parties. The term "Software" as used herein shall refer to such third party software except where the term Software refers expressly to the ownership or other specific rights of Mila. The same terms and conditions, including all limitations and restrictions, set forth in this License Agreement apply to each third party software program contained in the Software. Certain software programs specified in the licenses referenced in Section 9 ("Notices") below may contain additional grants and/or restrictions.
Mila may issue you an upgraded version of the Software automatically upon an instance of your use of the Software
or the Mila service or otherwise in connection with your use of the Mila app. Alternatively, Mila may require you
to consent to an upgrade to the Software ("Software Upgrades") before using, installing or accessing the Software.
If you decline the Software Upgrades, you may not be able to use or access the Software or the Mila service.
The Software may provide Mila with access to your Mila unit. Among other things, the Software may provide Mila
with information related to your use of the Mila service, including your interaction with the Software. This
information will, among other things, enable Mila to manage rights associated with the content, allow Mila to help
the Software and the Mila service. Information obtained by Mila will be treated in accordance with our Privacy
You may not use or otherwise export or re-export the Software except as authorized by the laws of the jurisdiction
in which the Software was legally obtained or authorized by Mila.
This License Agreement is effective until terminated. Your rights under this License Agreement are terminable by
Mila at any time without notice. Further, Mila may terminate this License Agreement if Mila finds that you have
violated any of the terms of this License Agreement. No waiver of any breach of any provision of this License
Agreement by Mila shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other
provisions hereof, and no waiver shall be effective unless it is made in writing and is signed by an authorized
representative of Mila. All provisions relating to confidentiality, proprietary rights, and nondisclosure shall
survive the termination of this License Agreement.
Your ability to use the Mila service is subject to your system compatibility with our Software as such requirements may change from time to time. Compatibility of system requirements with the Software is your responsibility.
Upon the termination of this License Agreement, you shall cease all use of the Software and Mila service and destroy all copies, full or partial, of the Software that you may have downloaded hereunder.
If you have downloaded any Software from the Apple iTunes Application Store, the following additional terms apply to such Software: You agree and acknowledge that Apple is not responsible for the Software and its content. In addition, your use of such Software downloaded from such location is limited to a non-transferable license to use the Software on any Apple branded products running iOS (including but not limited to iPad, iPhone, and iPod touch) ("iOS Devices") or Mac OS X ("Mac Computers"), as applicable (collectively "Apple Device(s)") that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. Moreover, we hereby inform you and you acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
a. Apple has no warranty obligation with respect to the Software and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty set forth in this License Agreement is the responsibility of Mila. Please note that Mila has disclaimed all warranties (see Section 8 above).
b. Apple is not responsible for addressing any claims relating to the Software or your 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; and (iii) claims arising under consumer protection or similar legislation.
c. Apple is not responsible for any third-party infringement claims that the Software or your possession and use of the Software infringe a third party's intellectual property rights.
d. Third Party Beneficiary: Mila and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this License Agreement with respect to any such Software, and that Apple will have the right (and will be deemed to have accepted the right) to enforce the License Agreement against you as a third party beneficiary thereof as set forth herein.
Digital Rights Management
Content owners use Microsoft PlayReady™ content access technology to protect their intellectual property, including copyrighted content. Certain Mila ready devices and personal computers use PlayReady technology to access PlayReady-protected content and/or WMDRM-protected content. If the device fails to properly enforce restrictions on content usage, content owners may require Microsoft to revoke the device's ability to consume PlayReady-protected content. Revocation should not affect unprotected content or content protected by other content access technologies. Content owners may require you to upgrade PlayReady to access their content. If you decline a PlayReady upgrade, you will not be able to access content that requires the upgrade.
Action taken in connection with the above may affect your ability to use the Mila service and/or view and access movies & TV shows.
Mila Copyright Notice
© 2015 Vitality Ventures Company Limited All content herein is protected by copyright and other applicable intellectual property laws in the Peoples Republic of China, the U.S. and other territories and may not be modified, copied or used in any manner without the express permission of Mila, Inc., which reserves all rights. Reuse of any of this content for any purpose without the permission of Mila, Inc. is strictly prohibited.
Any questions, complaints or claims regarding the Software shall be directed to firstname.lastname@example.org.