TOS Changes Summary
|09-06-17||Launch of JW Player version 8.xx|
|10-18-17||Definitions||“Application Package” means a Publisher product that incorporates Products in an OEM use case, as authorized on an applicable Order Form. Publisher agrees to notify Company in writing within ten (10) business days in the event such product’s name changes. “Edition ” means a particular edition of JW Player, including the Unpaid Edition, Starter Edition, Business Edition, Enterprise Edition and Enterprise Trial Edition. Edition also includes the Premium Edition and the Platinum Edition, which are only offered to Publishers with existing licenses of such Editions entered into prior to October 18, 2017. “JW Showcase Implementations ” means stand-alone websites created with JW Showcase and directed at End Users. “Monthly Usage Limits” means the maximum monthly number or volume, as applicable, of Content Plays, Ad Plays, Websites, Videos, Hosting, Streaming, and API requests for the applicable Edition, as set forth in the License Scope. If a partial month of Use is authorized, Monthly Usage Limits for such month will be prorated based on the number of days in such month. “OEM” means a Publisher that acts as an original equipment manufacturer of the Company by incorporating a Product with its own products into an authorized Application Package. For the avoidance of doubt, Publisher is not an OEM with respect to its websites are not OEM except to the extent a Product is incorporated into Software as a Service provided thereon. “OEM License” means a sublicense grant given to an OEM for Products to be used in an Application Package. “OEM Support” means support and maintenance for OEM’s sublicensees pursuant to an OEM License. “Overages” means amounts payable to the Company for Use of one or more Products in excess of the Monthly Usage Limits. Except as set forth on an applicable Order Form, Overages are calculated on a calendar-month basis (pro rated for partial months) at the Company’s then-applicable overage rates. “Purpose ” means (i) Use to facilitate Content playback and streaming on Publisher’s website(s), (ii) Use of the SDKs to develop and Distribute SDK Applications, (iii) Use of JW Showcase to implement and Distribute JW Showcase Implementations, and (iv) other OEM Use as a component of the Application Package, in each case, if and to the extent within the applicable License Scope. “SDK Applications ” means application software for Operating Systems, created with the SDK and, incorporating Products and directed at End Users.|
|10-18-17||Publisher License||Changed title from “Licenses” to “Publisher License”.
Subject to the terms and conditions of these Terms of Service and Publisher’s observance thereof, Company hereby grants to Publisher and Publisher hereby accepts a non-exclusive, non-transferable, non-sublicensable, limited right and license, solely for the Purpose, to (a) Use, access and install the Products, (b) Use, access, integrate and install the SDKs, (c) make and distribute Documentation internally, (d) publicly Distribute SDK Applications for the Operating Systems, (e) Use JW Showcase, and (f) operate and allow End Users of SDK Applications and JW Showcase Implementations to operate JW Player incorporated into such SDK Applications and JW Showcase Implementations.
Use of the Unpaid Edition, Starter Edition or Business Edition or Premium Edition in connection with advertising of any kind is prohibited. Except for Publishers with Enterprise or Enterprise Trial Editions, Publishers are limited to one (1) account. Promotional offerings, such as a trial period, shall have the limitations and restrictions provided in such promotional offering, in addition to the limitations and restrictions set forth in these Terms of Service.
|10-18-17||OEM License||Upon written approval by the Company to act as an OEM and subject to the terms and conditions of these Terms of Service and Publisher’s observance thereof, the Company grants, in object code form, to Publisher, a non-exclusive, limited subscription license, solely for the Purpose, to (a) incorporate the object code version of the applicable Products in the Application Package, (b) reproduce and distribute the applicable Products as incorporated into the Application Package, (c) modify and enhance the applicable Products as incorporated into the Application Package, and (d) reproduce and distribute any such modifications or enhancements, subject to the License Scope listed above. The foregoing rights may be sublicensed through multiple tiers of distribution, including resellers, provided each reseller or other distributor is contractually required to abide by the requirements of this Section. Publisher shall ensure that any Application Package incorporating the applicable Products shall be governed by a license agreement that is at least as protective to the Company as are the Company’s Terms of Service in the Application Package.
An OEM License may be authorized only in connection with the Enterprise Edition. Publishers with any Edition other than Enterprise Edition and Publishers with an Enterprise Edition without an OEM License authorized on an applicable Order Form are strictly prohibited from incorporating a Product into any Application Package or incorporating a Product into any goods or services, other than those authorized under subsections (i) – (iii) of the Purpose. Publisher is strictly prohibited from incorporating a Product into any goods or services, other than with respect to the authorized Application Package and those authorized under subsections (i) – (iii) of the Purpose.
Publisher shall be responsible for all OEM Support under the OEM License. OEM may assign up to five (5) designated support contacts from OEM’s company to contact the Company. OEM’s customers may not contact the Company directly for OEM Support. OEM further agrees, at its own expense, to be adequately trained on providing Product support to OEM’s customers.
|10-18-17||License Scope||The License Scope varies by Edition and the licenses granted hereunder are limited accordingly. Unless otherwise provided, licenses are personal to Publisher for its own Use. If you would like more information about upgrading to the Enterprise Edition, please contact us at www.jwplayer.com/contact-us/ or sales (at) jwplayer.com.
Removed “Premium” and “Platinum”, added “Starter” and “Business”, and replaced “Trial” with “Enterprise Trial”, and updated figures in the table accordingly: Starter Edition Content Plays are 50,000; Business Edition Content Plays are 150,000; Starter Edition Streaming is 150GB; Business Edition Ad Plays are Prohibited; Starter and Business Editions JW Showcase is Publisher-hosted and cloud-hosted.
Added Analytics row: Unpaid Edition is Basic; Starter Edition is Per-Video; Business Edition is Per-Video and Real-Time; Enterprise and Enterprise Trial Editions are Per-Video, Real-Time, Segmentation and Analytics Labs.
Added Live Streaming row: Unpaid and Starter Editions are None; Business, Enterprise and Enterprise Trial Editions are Yes.
License Scope limits for legacy Premium and Platinum Editions shall be as provided on the JW7 Terms of Service.
|10-18-17||Advertisements||Changed “Trial” to “Enterprise Trial”|
|10-18-17||Adaptations||Changed title from “Adaptations and OEM” to “Adaptations”.
Deleted “OEM implementation is authorized only in connection with the Enterprise Edition if provided on the applicable Order Form. Unpaid Edition, Premium Edition, Platinum Edition and Trial Edition Publishers are strictly prohibited from incorporating a Product into any goods or services.”
|10-18-17||Term||Changed “Trial Edition” to “Enterprise Trial Edition”.|
|10-18-17||Termination||These Terms of Service are subject to termination by Company immediately and/or Publisher’s account may be suspended if (a) Publisher fails to timely pay a Fee or Overages…
Company may terminate Unpaid Edition, Premium Edition, Platinum Edition, Starter Edition, Business Edition and Enterprise Trial Edition Terms of Service for its convenience on seven (7) days notice.
|10-18-17||Effects of Termination||Added reference to Overages|
|10-18-17||Privacy||As part of Company’s continued development and improvement of the Products, Publisher authorizes Company to periodically conduct limited testing through the Products.|
|10-18-17||Data Transfer||Added section.|
|10-18-17||Fees and Payment||Added reference to Overages.
Periodic (e.g., quarterly or annual) Fees are billed in advance and payment and is due upon receipt of invoice. Starter Edition, Business Edition, Premium Edition and Platinum Edition Publishers must provide a valid form of payment (e.g., credit card, debit card, PayPal account) and accurate billing information. Publisher hereby authorizes Company to charge all Fees and Overages incurred to the designated payment form and acknowledges that periodic Fees and Overages may be charged automatically and without separate authorization.
|10-18-17||Restrictions on Use||Publisher shall not (i) interfere or attempt to interfere with the proper operation of the Products or any activities conducted through the Products or disable or bypass any measures that Company may use to prevent or restrict access to any Product, (ii) use any robot, spider or other device to retrieve, index, scrape, data mine or in any way gather information, Content or other materials from the Products, (iii) decipher, decompile, disassemble, reverse engineer, simulate, derive or attempt to discover any source code or underlying structure, ideas or algorithms from the Products, Data or Documentation or use any of the foregoing to create any software or service similar to the Products, (iv) create any derivative work or modification of the Products other than Adaptations permitted by these Terms of Service, (v) license, sublicense, copy, display, sell, pledge, encumber, assign, loan, rent, lease, Distribute, transfer or similarly exploit the Products, except as expressly set forth in these Terms of Service, (vi) remove, obscure or alter any proprietary notices on any Product (or any portion thereof), (vii) use any Product for any benchmarking purposes; or for application service provider, timesharing, service bureau or competitive purposes; or any purpose other than as contemplated by these Terms of Service or (viii) use any Product other than in accordance with these Terms of Service and all applicable laws and regulations.
Added reference to Overages.
|10-18-17||Representations and Warranties||Publisher represents and warrants that (i) if Publisher is an individual, Publisher is at least eighteen (18) years old, (ii) if Publisher is an entity, its consent to these Terms of Service has been duly ratified, (iii) all information provided during the registration process is true, accurate and complete, and Publisher will promptly update Publisher’s registration information with any changes thereto, (iv) it is not a resident of (and will not Use the Products in) a country that the U.S. government has embargoed for Use of the Products, nor is it named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations, (v) its Content conforms to the standards set forth in the Sections of these Terms of Service titled Content and Restrictions on Use, (vi) its Adaptations shall not infringe the intellectual property rights of any third party, (vii) its Adaptations shall not violate any law or regulation in any jurisdiction where they are Used or Distributed, including privacy and data collection laws, (viii) its SDK Applications shall not be designed, marketed or Distributed for the purpose of harassing, abusing, threatening or otherwise violating the legal rights of others, (ix) all SDK Applications shall comply with the Documentation, (x) its Use of Products is in compliance with all applicable laws and regulations and (xi) it has obtained all necessary consents and permissions under applicable laws from individuals and other persons for its performance of this Agreement and its Use of the Products, including without limitation for all features and operations of the Products.|
|10-18-17||Audit||Added references to Overages.|
|02-12-18||Definitions||Renamed Unpaid to Developer Edition (and references to Unpaid edition modified accordingly throughout); added definition of Sensitive Data; specified that Service Analytics also facilitates Data gathering and reporting.|
|02-12-18||License Scope||Added SDKs row; Videos for Enterprise changed to “See Hosting”; default Websites for Enterprise set to 1; Except as explicitly provided on an applicable Order Form, Ad Plays for Editions with ads enabled shall be limited to the applicable number of Content Plays, and Overage Rates for Ad Plays shall be equal to that for Content Plays.|
|02-12-18||Beta Products||Added section.|
|02-12-18||Termination||“cancellation” changed to “termination”.|
|02-12-18||Effects of Termination||References to “termination” changed to specify “expiration or termination”.|
|02-12-18||Maintenance and Support||“Company will provide technical support and maintenance for the Products in its sole discretion except as otherwise provided in a paid support package set forth on an applicable Order Form”.|
|02-12-18||Fees and Payment||“Company reserves the right to withhold or suspend Publisher’s access to Products or Editions if Fees or Overages are not timely paid and/or until Fees or Overages have been paid for the applicable period”; “Past-due Fees and Overages shall incur interest…”|
|02-12-18||Related Videos||“Publisher acknowledges that recommendations of Recommended Content are automatically generated and, while Company will use reasonable efforts to ensure the relevance of Recommended Content, all its Recommended Content and, if applicable, that provided by Recommended Content Partners, is provided AS-IS and Company disclaims any and all responsibility for the relevance or nature of Recommended Content.”|
|02-12-18||Representations and Warranties||Publisher represents and warrants that “(xii) it has obtained and will maintain on an ongoing basis a valid legal basis to collect, process and transfer to Company Data, as required under applicable law, rules and regulations, (xiii) none of its Content and none the websites or applications on which its Content appears are directed to anyone under the age of 13 and (xiv) except for Publisher Information, it will not share, pass or transfer any Sensitive Data to Company.”|
|02-12-18||Complete Agreement||“RESTRICTIVE ENDORSEMENTS OR OTHER STATEMENTS ON CHECKS ACCEPTED BY COMPANY SHALL NOT BE ENFORCEABLE.”|
|05-09-18||Privacy||Incorporation of the Data Processing Agreement|
|05-09-18||Publicity||“Company may display the words “Powered by JW Player” and the JW Player version number in the menu that appears when an End User right clicks (or other equivalent action) on a video. Publisher is prohibited from disabling this feature unless otherwise provided on an applicable Order Form.”|
|05-17-18||Definitions||Premium and Platinum Editions included in definition of “Edition”.|
|05-17-18||License Scope||Premium and Platinum Editions added. Starter Edition limits changed: Content Plays to 15,000; Hosting to 25 GB; Streaming to 75 GB. Removed: “License Scope limits for legacy Premium and Platinum Editions shall be as provided on the JW7 Terms of Service.”|
|08-15-18||Definitions||Special categories of personal data, as referenced in Article 9 of the GDPR, included in definition of “Sensitive Data”.|
|08-15-18||License Scope||“License Scope for the Enterprise Edition shall be as explicitly provided on an applicable Order Form or checkout page,” “Publishers using the Developer Edition may not modify or customize the menu that appears when an End User right clicks (or other equivalent action) on a video. Live Streaming Usage shall also count against the Streaming limits.”|
|08-15-18||Term||Any Negotiation Periods included in definition of “Term”. “If Company has provided notice of non-renewal to an Enterprise Edition Publisher in accordance with the above mechanism, and the parties are negotiating in good faith to agree a new Order Form, and Publisher continues to Use the products beyond the effective date of expiration without such new Order Form having been executed by a duly authorized representative of each party, Publisher will be deemed to have renewed for a one (1) month term (a “Negotiation Period”); provided that Company may in its sole discretion notify Publisher that such Negotiation Period will not occur, in which case these Terms of Service will expire as provided herein. Publisher will for the Negotiation Period be invoiced, and will pay in accordance with the payment terms herein, one-twelfth of the annual Fees provided on the applicable Order Form, and the License Scope for Content Plays, Hosting and Streaming will be one-twelfth of the annual limits provided on such Order Form. The Negotiation Period will not renew without the written consent (email sufficing) of Company. The foregoing shall not affect either party’s rights to terminate these Terms of Service as provided herein.”|
|08-15-18||Fees and Payment||Fees for Enterprise Edition Publishers may be provided on a checkout page. Company may invoice Publisher prior to the Effective Date. Enterprise Edition Publishers without an Order Form must provide a valid form of payment (e.g., credit card, debit card, PayPal account) and accurate billing information.|
View the full Terms of Service.