5 Thank you for using Plex! By accessing, using, downloading, or visiting
6 any Plex “Service(s)”, which includes the Plex website, Plex software
7 and products described here, and any other products or materials
8 provided by Plex GmbH, a Swiss company, and its affiliates (together,
9 “Plex”), you agree to the terms (“Terms”) listed in this agreement
10 (“Agreement”). Plex reserves the right to amend these Terms at any time
11 and without notice. Any revisions to the Terms will be posted on the
12 Plex website. By continuing to access or use the Services, you accept
13 any changes or revisions to the Terms.
17 A. Plex grants you a personal, non-commercial, worldwide, royalty-free,
18 revocable, non-transferable, non-sublicensable, and non-exclusive
19 license to use the software provided to you by Plex as part of the
20 Services (“Software”). This license is for the sole purpose of
21 enabling you to use and enjoy the benefit of the Services in the
22 manner permitted by these Terms.
24 B. The Software includes certain executable modules that Plex has
25 licensed from third party providers (“Third Party Components”) that
26 may be subject to different end user license terms as specified in
27 the license agreement(s) provided with such Third Party Components.
29 C. Except as provided in the next section, you may not, or allow anyone
30 else to, directly or indirectly to: (1) copy, modify, distribute,
31 sell, or lease any part of the Software; (2) reverse engineer,
32 disassemble, decompile, or otherwise attempt to discover the source
33 code or structure, sequence, and/or organization of all or any part
34 of the Software, unless laws prohibit those restrictions or you have
35 our written permission; (3) rent, lease, or use the Software for
36 timesharing or service bureau purposes; (4) develop any improvement,
37 modification, or derivative works of the Software, or include any
38 portion thereof in any other product, software, work, equipment, or
39 item (except that you may customize and/or modify the Software only
40 as set forth in the documentation or as authorized in any license
41 agreement of Plex’s third party licensors and applicable to Third
42 Party Components); or (5) allow the transfer, transmission, export,
43 or re-export of the Software or any portion thereof or any technical
44 data associated with any Software.
46 D. Plex grants you a personal, non-commercial, worldwide, royalty-free,
47 revocable, non-transferable, non-sublicensable, and non-exclusive
48 license to reproduce the Plex Media Server Software (PMS Software) in
49 copies and distribute the copies to others, provided that: you may
50 not charge a fee for the PMS Software, and you may not individually
51 charge for installing it; you may copy, distribute and install the
52 PMS Software only as others actually need the PMS Software, and not
53 more than five (5) times per calendar day or more than twenty-five
54 (25) times per calendar month; you may not offer the PMS Software to
55 the public for downloading on or in connection with any commercial
56 online site, whether or not a fee is charged for the PMS Software;
57 you shall comply with all other terms and conditions set forth in
58 this document; you agree that Plex may revoke or terminate the
59 license granted to you under this paragraph at any time for any
60 reason in its sole discretion. As an example, this section is
61 intended to permit reasonable copying and distribution of the PMS
62 Software in connection with services such as home theater or home
63 media center installation in which you install the PMS Software on
64 the computers of your customers as a convenience in connection with
65 other services or products that you are providing to them, and/or in
66 Arch Linux repositories and similar distributions.
68 E. You shall maintain and shall not remove nor obscure any
69 proprietary notices on the Software, and shall reproduce such
70 notices exactly on all permitted copies of the Software.
72 F. You may reverse engineer the Software solely (1) as permitted by
73 applicable law, or (2) for the purpose of debugging modifications
74 made by you to certain third party files in source code format that
75 are licensed under the GNU Lesser General Public License (LGPL) or
76 under the GNU General Public License version 2 (GPL2) and only
77 provided that you have made, prior to any such reverse engineering
78 permitted under this sentence, unsuccessful prior reasonable good
79 faith efforts to debug such modifications using techniques other than
80 the reverse engineering of the Software.
82 G. As between the parties and except as otherwise provided in any
83 license agreement for Third Party Components, Plex shall own all
84 title, ownership rights, and intellectual property rights in and to
85 the Software, and any copies or derivative works thereof, except that
86 by downloading the Software, you retain any title that you may own in
87 and to the recording media on which the Software is recorded.
89 H. You understand that Plex or its licensors may modify or discontinue
90 offering the Services at any time.
92 I. You shall not make, or assist others in making, any use of data
93 adapters or similar technologies used by or with the Services that
94 are designed to receive and use data from Plex, its third party data
95 providers, and their affiliates and third parties, other than to
96 receive and use such data in accordance with these Terms and your
97 agreement with the third party data providers, and their affiliates
98 and third parties, including without limitation any data passing
99 through the Services or otherwise effectively made available by any
100 Service through an API, a download, a database, or the like.
102 J. This Agreement does not entitle you to any support, upgrades,
103 patches, enhancements, or fixes (collectively, “Support”) for the
104 Services. Any such Support for the Services that may be made
105 available by Plex, in its sole discretion, shall become part of the
106 Services and will be subject to these Terms.
110 Data provided by Plex or other third party data providers may be
111 delayed or unavailable as specified by Plex or such third party data
112 providers. Plex does not verify any data provided by Plex or other
113 third party data providers and disclaims any obligation to do so. Plex,
114 its third party data providers, and each of their affiliates and
115 business partners: (1) expressly disclaim the availability, accuracy,
116 adequacy, or completeness of any data or third party data provider, and
117 (2) shall not be liable for any errors, omissions, or other defects in,
118 unavailability of, delays or interruptions in such data or third party
123 A. You may not, or allow anyone else to, use any of the Services to do
126 i. Infringe the intellectual property rights, proprietary rights,
127 or rights of publicity or privacy of any third party;
129 ii. Violate any law, statute, ordinance, or regulation, or perform
130 any other action that would incur civil liability or constitute
133 iii. Disseminate, transfer or store information or materials in any
134 form or format that is harmful, threatening, abusive,
135 harassing, tortuous, defamatory, vulgar, obscene, libelous, or
136 otherwise objectionable, or that otherwise violate any law or
137 right of any third party; or
139 iv. Disseminate any software viruses or any other computer code,
140 files, programs, or the like that may without limitation
141 interrupt, destroy, or limit the functionality of any computer
142 software or hardware or telecommunications equipment, violate
143 the security of any computer network, or the like.
145 B. If the occurrence of any prohibited use comes to our attention, we
146 reserve the right to disable any accounts associated with prohibited
147 use or otherwise terminate your access to the Services.
151 A. You continue to retain any ownership rights you have in content you
152 make available via the Services, or otherwise use in conjunction with
153 the Services. However, by using the Services with particular content,
154 for example by using the Services to share particular content or
155 access particular content, you grant to Plex (and to each of the
156 third parties with whom we work to provide you with the Services) a
157 worldwide license to reproduce, modify, create derivative works,
158 transmit, publish, publicly perform, publicly display, distribute,
159 and otherwise use the particular content and metadata associated with
160 the content, such as images of you or images otherwise associated
161 with your account. The rights you grant us in this license are only
162 for the limited purpose of providing you with our Services. You may
163 not use the Services in connection with any content for which you do
164 not have the right to grant us this license.
166 B. The Services may include features that allow you to share your
167 content with others. Please be careful when choosing to share content
168 with other users; Plex is not responsible for how others use your
169 content. Additionally, you hereby grant to any user with whom you
170 share content a non-exclusive license to access the content through
171 the Service, and to use, reproduce in copies, distribute, display and
172 perform the shared content as permitted through the functionality of
173 the Service and under this Agreement. You may not share any content
174 with others via the Services if you do not have the right to grant
175 this license to any user with whom you share the content.
177 C. You understand that Plex may delete any content that you post in or
178 contribute to a message forum or similar service that Plex hosts, in
179 its sole discretion, for any reason.
183 A. You acknowledge that all content that you access through use of the
184 Software or other Services is accessed at your own risk, and you will
185 be solely responsible for any damage or liability to any party
186 resulting from such access.
188 B. You understand that by using the Services you may encounter content
189 that you may find offensive, indecent, or objectionable. Plex does
190 not inspect, screen, or otherwise control the content that is posted,
191 shared or made available via the Services, and Plex does not
192 guarantee the accuracy, integrity or quality of such content.
194 C. You acknowledge that unauthorized use of copyrighted content of
195 others may subject you to civil and criminal penalties, including
196 possible monetary damages, for copyright infringement.
198 Developers and Interfacing Software
200 A. “Interfacing Software” means any software that you obtain or provide
201 and that accesses or calls any Software provided by Plex as part of
202 the Services including, but not limited to, plug-ins for the
203 Services, channel plug-ins, metadata agents, and client applications
204 that communicate directly or indirectly with the Services.
206 B. By making, or assisting others in making, Interfacing Software, you
207 agree to the following terms:
209 i. You grant Plex and its affiliates worldwide a worldwide,
210 non-exclusive, and royalty-free right and license to use
211 (including testing, hosting and linking to), copy, publicly
212 perform, publicly display, reproduce in copies for
213 distribution, and distribute the copies of any Interfacing
214 Software made by you or with your assistance.
216 ii. You will include in the source code of the Interfacing
217 Software a copyright notice of the form: Copyright © <year>
218 <copyright holders>. You grant, and authorize Plex to grant on
219 your behalf if necessary, a license, free of charge, to any
220 person obtaining a copy of the Interfacing Software and
221 associated documentation files from Plex, to deal in the
222 Interfacing Software without restriction, including without
223 limitation the rights to use, copy, modify, merge, publish,
224 distribute, sublicense, and/or sell copies of the Interfacing
225 Software, and to permit persons to whom the Interfacing
226 Software is furnished to do so, subject to the following
227 conditions: The above copyright notice and this permission
228 notice shall be included in all copies or substantial portions
229 of the Interfacing Software. THE INTERFACING SOFTWARE IS
230 PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
231 IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
232 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
233 NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT
234 HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
235 WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
236 FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR
237 OTHER DEALINGS IN THE INTERFACING SOFTWARE.
239 iii. You may notify us if you do not wish for Plex to use,
240 distribute, copy, publicly perform, publicly display, reproduce
241 in copies for distribution, or distribute copies of any
242 Interfacing Software that was created by you. Plex will comply
243 with such a request but Plex must be granted a transition
244 period of thirty (30) days after receipt of the request to
247 A request to take down Interfacing Software must include (1) an
248 identification of the Interfacing Software you wish to be
249 removed; (2) your signature in either electronic or physical
250 form; and (3) the following statements:
252 i. “I swear under penalty of perjury that I am the owner of
253 the Interfacing Software or I am authorized to act on
254 behalf of the owner of the Interfacing Software.”
256 ii. “I swear under penalty of perjury that the information
257 in this notification is accurate.”
259 iv. You shall protect the privacy and legal rights of Plex users.
260 If the users provide, or the Interfacing Software accesses or
261 uses, user names, passwords, or other login information or
262 personal information, you must make the users aware that such
263 information will be available to the Interfacing Software, and
264 you must provide privacy notices and protection for those users
265 in compliance with applicable law. Further, the Interfacing
266 Software may use that information only for the limited purposes
267 for which the user has given you permission to do so. If the
268 Interfacing Software stores personally identifying information
269 of users or information that a reasonable user would consider
270 to be sensitive, then the Interfacing Software must do so
271 securely and only for as long as it is needed. However, if the
272 user has opted or entered into a separate agreement with you
273 that allows you or the Interfacing Software to store or use
274 personally identifying information of users or information that
275 a reasonable user would consider to be sensitive, then the
276 terms of that separate agreement will govern your use of such
277 information. If the user provides the Interfacing Software with
278 Plex account information, the Interfacing Software may only use
279 that information to access the user’s Plex account when, and
280 for the limited purposes for which, the user has given you
283 v. Prohibited Uses. Plex prohibits performing certain actions
284 using the Interfacing Software. You shall not make, or assist
285 others in making, any Interfacing Software that:
287 i. Knowingly violates a third party’s terms of service;
289 ii. Violates any applicable laws or regulations;
291 iii. Interferes with, disrupts, damages, harms, or accesses
292 in an unauthorized manner the machines, hardware.
293 devices, servers, networks, data, or other properties or
294 services of any other party including, but not limited
295 to, Plex users, Plex or any network operator;
297 iv. Posts misleading information about an application’s purpose;
299 v. Infringes on the intellectual property rights of others; or
301 vi. Performs any other prohibited action listed under
302 “Acceptable Use” above.
304 vi. You will require your end users to comply with any applicable
305 law and these Terms. You will not knowingly enable your end
306 users to violate applicable law or these Terms.
308 vii. You shall indemnify and hold harmless Plex and its officers,
309 directors, employees, contractors, licensors, suppliers,
310 distributors, contractors, agents, and third party
311 contributors from any claims, damages, liabilities, costs and
312 fees (including reasonable attorney fees) arising from any use
313 of the Interfacing Software or from Plex’s distribution of the
314 Interfacing Software.
316 viii. Brand Features and Attribution
318 i. “Brand Features” is defined as the trade names,
319 trademarks, service marks, logos, domain names, and other
320 distinctive brand features of a party. Except where
321 expressly stated, these terms do not grant either party
322 any right, title, or interest in or to the other party’s
323 Brand Features. Any use by you of Plex’s Brand Features
324 (including any goodwill associated therewith) will inure
325 to the benefit of Plex. Plex Brand Features include the
326 Plex Play Logo (“>” in stylized format) and the
327 trademarks, trade names and designs as may be identified
328 from time to time in the Plex Trademark Notice that is
329 posted at https://www.plex.tv/about/privacy-legal/.
331 ii. You must seek prior written approval from Plex to
332 display Plex’s Brand Features, including for the purpose
333 of promoting or advertising that your Interfacing
334 Software is for use in conjunction with Plex Services.
335 Plex, in its sole discretion and in a separate writing
336 such as an e-mail from an authorized representative of
337 Plex, may grant you a revocable, non-transferable,
338 nonexclusive license, without right of sub-license, to
339 display Plex’s Brand Features for the purpose of
340 promoting or advertising that your Interfacing Software
341 is for use in conjunction with Plex Services. You
342 understand and agree that Plex has the sole discretion to
343 determine whether your attribution(s) and use of Plex’s
344 Brand Features are in accordance with the above
345 requirements and guidelines and that Plex may revoke the
346 license granted herein at any time, or may require you to
347 modify your use of Plex’s Brand Features, for any reason
348 in its sole discretion.
350 iii. You will not make any statement that suggests a
351 partnership with, sponsorship by, or endorsement by Plex,
352 without Plex’s express prior written approval.
354 iv. In the course of promoting, marketing, or demonstrating
355 the Services, Plex may produce and distribute incidental
356 depictions, including screenshots, video, or other
357 content from your Interfacing Software, and may use your
358 company or product name. You grant us all necessary
359 rights for the above purposes.
363 While Plex does distribute products that may be used by children, the
364 Services are not intended to be used by children, without involvement,
365 supervision, and approval of a parent or legal guardian. Therefore, if
366 an account owner sets parental controls or establishes sub-accounts
367 that the account owner intends to permit a child to use, the account
368 owner should not reveal the account password to the child. Plex and its
369 contributors may not provide controls that restrict the maturity level
370 of content available via Plex and an adult account owner has sole
371 responsibility for determining what maturity level is appropriate for
372 or accessible to any children whom the account owner permits to use the
373 Plex service or a sub-account.
377 A. PLEX SERVICES ARE PROVIDED “AS IS”. PLEX MAKES NO WARRANTY OF ANY
378 KIND, EXPRESS OR IMPLIED, AND PLEX EXPRESSLY DISCLAIMS ALL WARRANTIES
379 WITH RESPECT TO THE PLEX SERVICES, INCLUDING WITHOUT LIMITATION, ANY
380 IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
381 PURPOSE AND NONINFRINGEMENT. FURTHER, PLEX DOES NOT WARRANT AGAINST
382 ERRORS, OMISSIONS, RESULTS OF USE, OR THAT PLEX SERVICES ARE BUG FREE
383 OR ERROR FREE OR THAT USE WILL BE UNINTERRUPTED. THIS DISCLAIMER OF
384 WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. ALL THE
385 FOREGOING DISCLAIMERS ALSO APPLY IN FULL WITH RESPECT TO PLEX’S
386 LICENSORS, SUPPLIERS, DISTRIBUTORS, CONTRACTORS, AGENTS, AND THIRD
387 PARTY CONTRIBUTORS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED
388 WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
390 B. You agree that Plex and its officers, directors, employees, and
391 contractors are not responsible for any fault, inaccuracy, error,
392 omission, delay or any other failure of your equipment and/or
393 services caused by Plex’s hardware, software, cabling, network
394 services, or the like, or arising from Plex’s use of such equipment
397 C. The above disclaimer of warranty applies to software developed by
398 Plex and any software developed by a third party and provided by Plex
399 including, but not limited to, Interfacing Software developed by any
402 Limitation of Liability and Damages
404 A. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT
405 LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR
406 OTHERWISE, SHALL PLEX BE LIABLE TO YOU OR ANY OTHER PERSON OR
407 ENTITY: (I) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
408 DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
409 LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS,
410 COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, OR OTHER DAMAGES
411 RESULTING FROM YOUR USE OF THE SOFTWARE; OR (II) FOR ANY MATTER
412 BEYOND ITS REASONABLE CONTROL. PLEX’S AGGREGATE LIABILITY FOR DAMAGES
413 OF ANY KIND WHATSOEVER ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED
414 TO THE LESSER OF THE TOTAL FEES PAID BY YOU TO PLEX (IF ANY) FOR THE
415 PORTION OF THE SOFTWARE THAT GAVE RISE TO SUCH DAMAGES OR $100
416 (U.S.), EXCEPT WHERE NOT PERMITTED BY APPLICABLE LAW, IN WHICH CASE
417 PLEX’S LIABILITY SHALL BE LIMITED TO THE MINIMUM AMOUNT PERMITTED BY
418 SUCH APPLICABLE LAW. ALL THE FOREGOING LIMITATIONS SHALL APPLY EVEN
419 IF EITHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
420 ALL THE FOREGOING LIMITATIONS ALSO APPLY WITH RESPECT TO PLEX’S
421 SUPPLIERS, LICENSORS, DISTRIBUTORS, CONTRACTORS, AGENTS, AND THIRD
422 PARTY CONTRIBUTORS. SOME STATES DO NOT ALLOW THE EXCLUSION OR
423 LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
424 LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
426 B. The above limitations and exclusions apply to software developed by
427 Plex and any software developed by a third party and provided by Plex
428 including, but not limited to, Interfacing Software developed by Plex
431 Third-Party Materials
433 This website and other Services may provide links to websites,
434 software, or other materials provided by third parties. Plex does not
435 endorse and is not responsible or liable for the availability,
436 accuracy, safety, or intellectual property rights of or relating to
437 such content. Plex is not liable for any harm caused by any such
442 “Malware” means any known, discovered, envisioned, or invented, or any
443 yet to be known, discovered, envisioned, or invented: (i) virus, Trojan
444 horse, or any other harmful, harassing, or malicious software; or (ii)
445 method, use, or means by which any software, firmware, equipment,
446 device, communications medium, person, entity, or the like directly or
447 indirectly engages in or is used for: (a) any unauthorized access; (b)
448 any unauthorized communication; or (c) any cracks, hacks, exploits, or
449 other activity, method, use, or means, that may cause harassment, harm,
450 data loss, data theft, loss of communication, loss of privacy, or the
451 like. You acknowledge that the Internet, Internet service providers,
452 shared or dedicated telecommunication lines, wireless access points and
453 wireless networks, other forms of communication, online resources
454 including websites and cloud computing environments, or other means
455 that you use to connect to the Software may not be secure and may be
456 vulnerable to attack by third parties, and that it is possible to
457 receive Malware by using the Internet, dedicated lines, other forms of
458 communication, or other means. In order to protect the Software, you
459 shall regularly obtain, use, and update appropriate third party
460 software or other means to protect yourself from Malware and to detect
461 and remove Malware that may be downloaded using the Internet, dedicated
462 lines, other forms of communication, or other means. Plex does not
463 warrant that the Software will be free of Malware including, but not
464 limited to, Malware that is introduced by third parties, the Internet,
465 dedicated lines, other forms of communication, or other means.
469 You agree that Plex and its licensors, distributors, contractors,
470 agents, and third party contributors shall have no liability whatsoever
471 for any use you make of the Services. You shall indemnify and hold
472 harmless Plex and its licensors, suppliers, distributors, contractors,
473 agents, and third party contributors from any claims, damages,
474 liabilities, costs and fees (including reasonable attorney fees)
475 arising from your use of the Plex Services as well as from your failure
476 to comply with any of the Terms, or any losses, damages, claims, costs,
477 and/or attorneys’ fees arising from any use of or reliance upon any
478 information received in connection with the Services that comprises or
479 is based upon data provided by Plex or any third party.
481 Termination of Services
483 Plex may at any time, with or without cause and with or without prior
484 notice, immediately terminate or suspend your Plex account or otherwise
485 terminate or suspend your access to all or a portion of the Services.
486 Cause for such termination may include: (a) violations of the Terms or
487 any other policies or guidelines that are referenced herein; (b) a
488 request by you to cancel or terminate your account; (c) a request
489 and/or order from law enforcement, a judicial body, or other government
490 agency; (d) where providing the Services to you is or may become
491 unlawful; (e) unexpected technical or security issues or problems; or
492 (f) your participation in fraudulent or illegal activities. Any such
493 termination or suspension shall be made by Plex in its sole discretion
494 and Plex will not be responsible to you or any third party for any
495 damages that may result or arise out of such termination or suspension
496 of your access to the Services.
500 A. This Agreement does not give you any rights not expressly and
501 unambiguously granted herein.
503 B. No agency, partnership, joint venture, or employment is created as a
504 result of this Agreement and you do not have any authority of any
505 kind to bind Plex in any respect whatsoever.
507 C. If any provision of this Agreement is found to be unenforceable or
508 invalid, that provision shall be limited or eliminated to the minimum
509 extent necessary so that this Agreement shall otherwise remain in
510 full force and effect and enforceable.
512 D. This Agreement is not assignable, transferable, or sublicensable by
513 you except with Plex’s prior written consent. Plex may transfer,
514 assign, or delegate this Agreement and its rights and obligations
517 E. Plex’s failure to enforce any right or provisions in this Agreement
518 will not constitute a waiver of such or any other provision.
520 F. This Agreement shall be governed by and construed in accordance
521 with the laws of the state of California, as if made within
522 California between two residents thereof, and the parties submit to
523 the exclusive jurisdiction of the Superior Court of Santa Clara
524 County and the United States District Court for the Northern District
525 of California. Notwithstanding the foregoing sentence, but without
526 limiting Plex’s right to seek injunctive or other equitable relief in
527 any court of competent jurisdiction, any disputes arising with
528 respect to this Agreement shall be referred to an arbitrator
529 affiliated with the Judicial Arbitration and Mediation Services, Inc.
530 (“JAMS”). The arbitrator shall be selected by joint agreement of the
531 parties. In the event the parties cannot agree on an arbitrator
532 within thirty (30) days of the initiating party providing the other
533 party with written notice that it plans to seek arbitration, the
534 parties shall each select an arbitrator affiliated with JAMS, which
535 arbitrators shall jointly select a third such arbitrator to resolve
536 the dispute. The written decision of the arbitrator shall be final
537 and binding on the parties. The arbitration proceeding shall be
538 carried on and heard in Santa Clara County, California using the
539 English language and pursuant to the rules of (and administered by)
540 JAMS. In any action or proceeding to enforce rights under this
541 Agreement, the prevailing party will be entitled to recover costs and
542 reasonable attorneys’ fees from the other party. A separate written
543 license agreement or order and signed by Plex and you or your
544 company, employer, or principal may state other terms and conditions
545 that apply to you, including terms relating to price, payment,
546 delivery, confidential information, support services, and the like.
547 You are solely responsible to review such terms or conditions with
548 your company, employer or principal. In the event of any conflict in
549 terms, the terms of the separate license agreement shall supersede
550 the terms of this Agreement.
552 G. Both parties agree that this Agreement is the complete and exclusive
553 statement of the mutual understanding of the parties and supersedes
554 and cancels all previous written and oral agreements, communications,
555 and other understandings relating to the subject matter of this
558 Source: https://www.plex.tv/about/privacy-legal/plex-terms-of-service/