END USER LICENSE AGREEMENT (EULA) for OnAir Client (ONR) 

1. EULA 

EULA of the ONR (the “Application”), which is made available to users by Optic STB (Pvt) Ltd. (henceforth referred to as “Optic STB (Pvt) Ltd” or “we”), is subject to this agreement. You attest that you have read and accept this End User License Agreement (henceforth referred to as the “EULA” or the “Agreement”) by using this application. Between you and Optic STB (Pvt) Ltd, this EULA creates a binding contract. If you disagree with this EULA, please do not use this application. 

2. DEFINITIONS

2.1 These phrases shall be interpreted as follows for the purposes of this EULA: 

2.1.1 Optic STB (Pvt) Ltd. is referred to as “Optic STB,” “we,” or “us.” 

2.1.2 All intellectual property that Optic STB develops, owns, or has permission to use, such as copyrights, trademarks, models, designs, moral rights, innovations, patents, trade secrets, know-how, and other private and sensitive information, is referred to as “Optic STB (Pvt) Ltd” 

2.1.3 The provisions contained in the current agreement, along with any annexes, changes, and supplements sent to the User, shown or otherwise featured on the Device, and/or accessible on the Website, are referred to as the “Agreement” or “EULA.” 

2.1.4 “Affiliates” refers to an organization that Optic STB (Pvt) Ltd controls in some other way or that Optic STB (Pvt) Ltd directly or indirectly owns more than fifty percent (50%) of the issued share capital or voting rights. It is understood that an organization is under Optic STB (Pvt) Ltd’ control if Optic STB (Pvt) Ltd has the authority, either legally or in practice, to make important decisions regarding the selection of the majority of its directors or managers or the direction of its management.

2.1.5 The term “application” refers to the “OnAir Client” (ONR) application, a proprietary software program created, owned, and/or maintained by Optic STB (Pvt) Ltd, and available only on Optic STB Devices, regardless of whether it is in its initial ONR1), second ONR2), third ONR3), or any official later versions. The application is only meant for personal use and is made to play back the content. There is no content included with the application. 

2.1.6 “Content” refers to IPTV channels and playlists, as well as any other media that is legally obtained by the user and stored on the device or on an external storage device. This includes any data, information, applications, or materials from third parties, as well as links to specific third-party websites that the application supports. 

2.1.7 “Designated Countries” refers to the nations where Optic STB (Pvt) Ltd distributes its devices and/or where users are permitted to use them.

2.1.8 The term “Device” refers to the lawfully acquired Optic STB device that the user uses to access the application and that is produced and/or distributed by Optic STB (Pvt) Ltd. 

2.1.9 “Essential Update” refers to any update required for the Device and/or Application to operate (legally). 

2.1.10 The Council Directive 85/374/EEC of July 25, 1985, on the approximation of the laws, regulations, and administrative requirements of the Member States concerning liability for defective products, is referred to as the “Product Liability Directive.”

2.1.11 Content or other software, services, material, communications (both commercial and non-commercial), connections to websites, and other data created by or delivered to your Device through the Application by any organization other than Optic STB (Pvt) Ltd or person (including you) are all considered “Third-Party Data.” 

2.1.12 Under this EULA, “User” refers to an individual utilizing the Application and/or the Device. 

2.1.13 “Website” refers to the website that is housed on the https://opticstb.tv/ domain. 

2.2 Any terms not specifically defined in this section 2.1 should be interpreted in light of the Agreement’s overall context, applicable laws, and standard business procedures. Any capitalized phrases not specifically specified in this section 2.1 will be interpreted in accordance with this Agreement. 

3. LICENSE 

3.1 In accordance with this Agreement, Optic STB (Pvt) Ltd gives you a non-exclusive, limited, personal, and revocable (in whole or in part) license to use the Application on a single Device. You consent to using only a device to install, use, and operate the application or to support others in doing so. Optic STB (Pvt) Ltd retains all of its rights, titles, and interests in and to the Application, including all associated intellectual property rights, except to the restricted rights specifically provided hereunder. Except as specifically stated here, the User is not granted any rights under this agreement. 

3.2 Even though the application is only meant for your personal use, you are still in charge of making sure anyone using your device—whether or not you granted them permission—understands and abides by this agreement.

3.3 According to this agreement, you are not permitted to make the application available across a network where it could be accessed simultaneously by numerous computers or devices, nor is it permitted to run on more than one device at a time. The use of Optic STB (Pvt) Ltd’ proprietary interfaces and other intellectual property rights in the creation, development, production, licensing, or distribution of third-party software applications or devices and accessories for use with the Device is not permitted by this Agreement.

3.4 As may be occasionally indicated in this Agreement or otherwise, the Application and/or Device may not be used for commercial or unlawful purposes, in a way that could cause harm to other individuals, businesses, or their property, or in any other way that is unauthorized or improper. Specifically: 

3.4.1 Unless specifically prohibited by applicable law, you must obtain prior written consent from Optic STB (Pvt) Ltd before modifying, copying, decompiling, reverse engineering, disassembling, attempting to decrypt, or creating derivative works based on the Application, including its source and/or object code, or any part, feature, function, or user interface thereof or as much as may be allowed under the licensing conditions controlling the use of any open-source components that might be part of the application. Likewise, you are not permitted to host, intercept, or imitate any component of the application or device; 

3.4.2 You agree that you will not allow others to use the application to store, transmit, access, or otherwise use any content that is libelous, infringing, unlawful, or tortious, or that violates the rights of third parties, particularly those related to privacy and/or intellectual property. You acknowledge that Optic STB (Pvt) Ltd is not liable in any way for any such use by (others enabled by) you, nor for any harassing, threatening, defamatory,or as much as may be allowed under the licensing conditions controlling the use of any open-source components that might be part of the application. Likewise, you are not permitted to host, intercept, or imitate any component of the application or device; 

3.4.3 You agree that you will not allow others to use the application to store, transmit, access, or otherwise use any content that is libelous, infringing, unlawful, or tortious, or that violates the rights of third parties, particularly those related to privacy and/or intellectual property. You acknowledge that Optic STB (Pvt) Ltd is not liable in any way for any such use by (others enabled by) you, nor for any harassing, threatening, defamatory,

3.4.4 The integrity or functionality of the application, its source and/or object code, or any Third-Party Data contained within cannot be tampered with or disrupted by you (or by others); 

3.4.5 You must not (let anyone to) try to access the application, its object code, source code, or associated systems or networks without authorization; 

3.4.6 You are not allowed to delete, disable, damage, or otherwise tamper with the Device’s or Application’s security measures, including those that prohibit or limit the use or duplication of any content accessed through the Application.characteristics that impose restrictions on how the application may be used, remove copyright or other IP rights notices from the application or content, try to get around any content filtering methods we use, or try to access any application features or content that you are not permitted to access; 

3.4.7 You must not (permit others to) alter, rent, lend, lease, sell, resell, license, sublicense, (re)distribute, make available, or produce derivative works based on the Device, the Application, or any portion of it;

3.4.8 The content you view through the application and any resulting consequences are entirely your responsibility. You understand and accept that you are using any content at your own risk. You affirm, represent, and guarantee that your use of the application complies with all applicable laws and regulations and does not violate any third-party rights, especially those related to intellectual property, such as copyright and related rights, trademarks, patents, trade secrets, moral rights, privacy rights, publicity rights, and any other proprietary or intellectual property rights. Any text, software, audio, or data file that contains contentThe proprietors of the phonographs, audio files, pictures, videos, and other audiovisual data that are shown, saved, accessed, or used in any other way by the application are the individual content owners. The terms and conditions of the third party supplying the content may apply, and it may be protected by copyright or other intellectual property laws and treaties. Any content that is not protected by copyright, content that the user owns the copyright to, or content that the user is authorized or legally permitted to replay or use in any other way may be played back using the application.Before selling or otherwise transferring your device, you must remove all content, third-party data, and any other private or sensitive data that may have been stored on it. 

3.4.9 You must refrain from using the application and/or device to engage in or facilitate any conduct that exploits or harms children, whether directly or indirectly, or to engage in or facilitate any fraudulent, deceptive, or misleading activity. 

3.5 All rights and remedies are reserved by Optic STB (Pvt) Ltd for any users who violate these warranties and representations. 

3.6 You have a license to use the application on your device exclusively in the Named Nations. 

3.7 Future updates and/or enhancements to the application for your device may be made available by Optic STB (Pvt) Ltd at its sole discretion. Any software updates and/or upgrades that Optic STB (Pvt) Ltd provides that replace and/or enhance the original application on your device are subject to the terms and conditions outlined in this Agreement, unless they are accompanied by a separate license that specifies that its terms will apply, to the extent specified in that license. You consent to Optic STB (Pvt) Ltd downloading and installing any updates or upgrades to the application on your device automatically when you use it. If relevant, you can disable these automatic updates and/or upgrades in the settings, with the exception of Essential Updates. 

4. UNLICENSED SERVICES, DEVICES AND ACCESSORIES

You promise not to use any unapproved software, services, or accessories with the device and/or application. Such use may result in performance problems, harm to your device and/or application, or harm to you or others.It will be against the law, nullify any warranties, and violate this agreement. Additionally, such use may result in performance problems, harm to your device or the application, or injury to you or others. Any loss or damage brought on by unapproved software, services, or accessories is not the responsibility of Optic STB (Pvt) Ltd, its affiliates, licensees, or distributors. Any such unlawful software or services that are being utilized on your device may be removed or disabled, and your access to the application and/or device may be suspended or disabled.

5. UPDATES AND CHANGES

You understand and accept that the Device and the Application may change over time, and that we may (automatically) update, upgrade, or otherwise change (a portion of) the Application or any feature or aspect of it, including its design, even without informing you or getting your consent. We reserve the right to do so without causing you any harm, unless we are acting dishonestly or maliciously. This include, but is not restricted to, whether all or any portion of the Application or Content is available. You might need to install these updates in order to keep using the application. Additionally, we have the right to modify, update, or discontinue the application or a version of it without informing you or getting your permission. You acknowledge and consent to Optic STB (Pvt) Ltd’s right to advertise the Application and/or Device and to place advertisements on any section of the Application and the Website, including but not restricted to banners, contextual advertising, online videos, and animation and commercials. You are aware that Optic STB (Pvt) Ltd may unilaterally change this agreement at any time, without prior notice, and by posting an updated version of the agreement on its website.

6. THIRD-PARTY PROVIDERS, CONTENT, AND DATA 

You understand and accept that Optic STB (Pvt) Ltd has no liability for any Third-Party Data or for any action you take in connection with it, including but not limited to accessing, changing, sharing, or supplying Third-Party Data. The originator or sender of any Third-Party Data bears full responsibility for it. As further detailed in our Privacy Policy, we may occasionally decide to oversee, monitor, retain, or preserve Third-Party Data or address complaints pertaining to Third-Party Data.We may use, access, and/or disclose any Third-Party Data in accordance with this Privacy Policy and as allowed by law to safeguard our rights, the rights of other Application Users, or to fulfill legal requirements. Any aspect of the application may be provided by third parties. Through the Application, we might provide you with content or services from third parties. Through the Application, we might also permit third parties to give you Third-Party Data directly. In particular, Content may be displayed, included, or made available via the Application and/or the Device. You acknowledge and agree that Optic STB (Pvt) Ltd is not liable in any way for the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Content or other Third-Party Data when you use the Device and/or the Application. Any Content or other Third-Party Data is not guaranteed or endorsed by Optic STB (Pvt) Ltd, its employees, affiliates, or subsidiaries, and they do not assume or have any duty or responsibility to you or any other person. The only reason Optic STB (Pvt) Ltd would give you any content or other third-party data is for your convenience.

7. INTELLECTUAL ASSESSMENT 

You understand and accept that Optic STB (Pvt) Ltd is the exclusive owner of all rights, titles, and interests in the Application and the Optic STB (Pvt) Ltd, and that it has the sole authority to distribute, sublicense, or use them in any other way. Using this application does not provide you any rights, titles, or interests in the application or the Optic STB (Pvt) Ltd intellectual property, unless otherwise stated in this agreement. You are not permitted to make works unless specifically permitted by this Agreement and/or in writing from Optic STB (Pvt) Ltd. according to the Application and/or the Optic STB (Pvt) Ltd, nor alter, disseminate, or transmit the Application and/or the Optic STB (Pvt) Ltd in any way. Optic STB (Pvt) Ltd will be the owner of all rights, titles, and interests in any works produced, modified, disseminated, or otherwise transmitted using the Application, or, alternatively, an unrestricted license thereto, if you disregard these conditions. You understand and agree that you will not use the Device and/or the Application in any way that is not permitted by this Agreement, that violates any third-party or Optic STB (Pvt) Ltd intellectual property rights, or otherwise conflicts with its provisions. No portion of the Optic STB (Pvt) Ltd or the Application may be duplicated in any way. Optic STB (Pvt) Ltd respects other people’s intellectual property. You can send a notification of intellectual property infringement to us by mail “Office # 723, 51-1-B, Main Maulana Shaukat Ali Rd, 54770-Lahore Pakistan.”

If you think that any content in the Application and/or Device violates any rights you own or manage. Emails can be sent to info@opticstb.tv 

8. DATA SAFETY

We value your privacy and the security of your personal information, and we’re determined to do everything in our power to preserve both. Refer to our Privacy Policy for additional details regarding our security and privacy procedures, which cover all personal information that may be gathered via the Application.Our website contains the most recent version of this privacy statement, which may be subject to changes at any moment. You can also get in touch with our customer support team to request that we send you the most recent version for free via electronic mail. 

9 INDEMNIFICATION AND LIMITED RESPONSIBILITIES 

9.1 To the fullest extent allowed by relevant law, you hereby consent to give up any and all claims for damages or losses against Optic STB (Pvt) Ltd that may be related to your inability to use the application (or to anyone else using the application through your device). You are aware that you might never receive complete compensation for these losses or damages. To the greatest extent allowed by applicable law, we limit our liability to you (and others) in the following ways if we, one of our (or our Affiliates or their) licensees, licensors, distributors, or suppliers (collectively referred to in this Article 10 as “we,” “us,” or “our”) in any way cause you harm: 

9.1.1 Your power to sue us for losses or damages is restricted; you can only sue for direct damages up to the entire amount you have ever paid for the device, provided that the damages are caused by our fault. (ii) Physical damage or loss of your tangible property to the extent that it results from our negligence, up to €250,00 for each incident or series of related incidents, but not more than €1.000.00 in total. You may also recover damages or losses resulting from death or injury to the extent that it results from our negligence and damage caused by the Device qualifying as a defective product within the meaning of the Product Liability Directive. 

9.1.2 You are not entitled to any other kind of damages, regardless of the cause, to the maximum degree allowed by the relevant law. You acknowledge that we will never be required to reimburse you for indirect, incidental, punitive, or consequential damages, lost or corrupted data, failure to transmit or receive data, lost profits or contracts, lost operating time, business interruption, or any other type of commercial damages or losses.resulting from or connected to your use or inability to use the Application or any Content or third-party software or Applications in conjunction with the Application, regardless of the theory of liability (contract, tort, or otherwise), even if we have been informed of their possibility. This includes loss of goodwill, lost savings, and wasted management time. 

9.1.3 Furthermore, we are not responsible for the deeds or inactions of third parties. If someone hurts you in any way while using your Device or Application, we do not hold you responsible for the conduct of such third party. 

9.1.4 In addition, we disclaim all liability for non-performance or improper performance of our duties resulting from energy and/or telecommunications network failures, malicious program activity, the removal or malfunction of the Device’s hardware or software systems, unfair third-party actions that result in unauthorized access, or any other situation beyond our reasonable control. 

9.1.5 The Content and any other Third-Party Data are completely unrelated to us, unrelated to us, and not our responsibility.We specifically disclaim any liability for the kind, authenticity, and security of such Content or other Third-Party Data, as well as for its adherence to any relevant legal requirements. 9.1.6It is entirely your obligation to abide by any applicable intellectual property laws and other restrictions, and we are not liable for any kind of review or assessment of the Content or any Third-Party Data. You acknowledge that using the Application may expose you to Content or other Third-Party Data that may be considered objectionable, offensive, or indecent, and/or that may or may not contain explicit language. As a result, you use the Application at your own risk, and we will not be held responsible for any Content you may come across.To the greatest extent allowed by applicable law, these liability limitations apply to all matters pertaining to the Application and/or the Device, including your use of the Application and/or the Content that do not indicate other limitations on liability. Furthermore, these liability restrictions apply to any legal or equitable basis, including but not restricted to strict liability, negligence, breach of contract, warranty, and other torts. 

9.2 Should you violate this agreement by harming us or any other business or individual, you will be responsible for compensating us (as well as our licensees, licensors, suppliers, and any of our employees) for all damages and expenses resulting from your violation, including legal fees. You understand that if this Agreement is broken, we will suffer irreversible injury. As a result, you agree that we shall be entitled to equitable relief, including a preliminary and permanent injunction, in addition to other remedies.

9.3 In addition, you are required to reimburse us for any claims pertaining to Third-Party Data that you created, altered, or sent. In the event that we are held accountable for any of your violations of third parties’ rights and/or interests, as well as any other legal provision, you will be required to compensate us in full for any losses incurred as a result of those violations.

9.4 In the event that Optic STB (Pvt) Ltd commits fraud or acts maliciously, the responsibility restrictions outlined in Article 10 do not apply. 

10. GUARANTEES

To the greatest extent allowed by applicable law, Optic STB (Pvt) Ltd and Optic STB (Pvt) Ltd’ licensors hereby disclaim all express, implied, and statutory warranties and conditions with regard to the Application and/or Device. The Application and/or Device are provided to you “as is” and “as available,” with all defects and without any warranty of any kind, including any implied warranties of merchantability, non-infringement, fitness for a particular purpose, (satisfactory) quality, accuracy, quiet enjoyment, or performance. You explicitly understand that using the application is at your own risk and that you bear full responsibility for its quality, performance, accuracy, and effort, to the extent allowed by applicable law. For example, this suggests that we do not promise that the application will always function correctly or without interruption, or that it will be free from vulnerabilities such as viruses, bugs, hacks, or other potentially dangerous incursions. Likewise, we make no guarantees on the availability of the Application and/or Device, the correction of any flaws in the Application and/or Device, or the compatibility or functionality of the Application with any third party.applications, software, or outside services. The usefulness of third-party software, applications, or services may be impacted by the installation and/or usage of this application. No written or verbal information or advice provided by Optic STB (Pvt) Ltd, an authorized representative, or a reseller may be interpreted as establishing a guarantee. To the fullest extent permitted by applicable law, you will be responsible for paying for any necessary servicing, repair, or correction in the event that the application or device is defective. 

11. CLAIMS LIMITATION 

You hereby agree that, should you believe you have a claim against Optic STB (Pvt) Ltd over the Device and/or the Application, you must file a lawsuit within a year of the date of the claimed incident that gave birth to the claim. To the greatest degree allowed by relevant law, you will no longer be able to make such a claim once this one-year time has passed. 

12 AGREEMENT EXPIRATION AND TERMINATION 

12.1 Until either party terminates it, this agreement remains in effect. 

12.2 By deleting the application from your device and/or stopping the usage of the device or application, as appropriate, you may end this agreement. This is your only recourse for any complaints about (i) the Application, (ii) any provision of these Terms of Service, or (iii) any Optic STB (Pvt) Ltd policy or practice in running or updating the Application, to the maximum degree allowed by applicable law.

12.3 To the fullest extent allowed by applicable law, we may terminate this Agreement, or any part of it, at any time, for any cause, and with written notice. 

12.4 In addition, we have the right, to the extent allowed by applicable law, to block or prevent your future access to and use of the Application and/or to terminate this Agreement with written notice, including in the following situations: (a) your use of the Application violates this Agreement or applicable law; (b) you use the Application fraudulently or misuse it;or (c) for technical or justifiable business reasons, we are unable to continue offering you the Application. 

12.5 Termination may prohibit your (future) use of the Application and nullify any and all licenses granted in compliance with this Agreement. All provisions that clearly result from the nature of the content that they will survive the termination or cancellation of this Agreement will remain in effect in the event that it is terminated or canceled. This includes, but is not limited to, clauses 4, 7, 1, 1, 1, 10, 15.3, and 15.4. 

13. UPDATED AND CURRENT AGREEMENT 

This Agreement’s terms and conditions, the Privacy Policy, and any additional The terms that apply could change at any time. We shall provide the most recent version of this agreement on our website. You can also get in touch with our customer support and request that they send you the most recent versions for free via electronic mail. Any modifications to this Agreement will be announced on our website no later than five (5) days prior to their effective date. You must delete the application and/or cease using it in line with this agreement if you disagree with these modifications. 

14. UNIQUE 

14.11 Assignment, Transfer, and Sale This Agreement may not be assigned in whole or in part, and the Application may not be sold or otherwise transferred to any third party. Any effort on your part to do so will be nullified.

14.2 Notices and Customer Service 

14.2.1 Regarding this Agreement, you can reach our customer service by email at info@opticstb.tv

14.2.2 You must contact or notify us in writing to the attention of the Legal Team at the latest 10 working days after becoming aware of any legal matters, including filing a claim against us or informing us of an alleged infringement. 

14.3 Jurisdiction and Governing Law With the exception of the conflict of law clauses, this agreement shall be interpreted and controlled by Belgian law.and each party consents to submit to the Brussels, Belgium, courts’ exclusive jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods, whose application is specifically excluded, shall not control this Agreement. 

14.4 Without affecting the remaining provisions of the Agreement, which will continue in force, any portion of this Agreement that is found to be unlawful or unenforceable will no longer be applicable and will be deemed deleted. Additionally, you consent that we may substitute a clause that reflects or nearly matches the original intent of the provision for the invalid or unenforceable portion. You also acknowledge and agree that we are not relinquishing our right to enforce any of the Agreement’s provisions just because we choose not to do so now.

14.5 The Whole Contract

The complete understanding and agreement between you and Aloys about your use of the Application is contained in this Agreement and any papers mentioned herein. Regarding such subject matter, this Agreement shall take precedence over all previous or contemporaneous understandings. Any changes or additions to this agreement must be in writing and signed by Aloys in order to be enforceable.

NOTE:

This Agreement has been translated to meet local standards. To the extent that local law in your area does not forbid it, the English version of this Agreement will take precedence over any non-English versions in the event of a dispute or disagreement.