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COMPUTER

PLEX MEDIA SERVER FOR WINDOWS

Windows 10 (version 1607) or newer (Intel or AMD processors only)

v.1.40.0.7998-c29d4c0c8

February 13, 2024

Escolher distribuição Windows 32-bit

Windows 32-bit Windows 64-bit recommended
Ao fazer o download deste software, você confirma que aceita os Termos e
Condições e que tem pelo menos 13 anos de idade.

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COMPUTER

PLEX FOR WINDOWS

Windows 10 (version 1607) or newer (Intel or AMD processors only)

v.1.40.0.7998-c29d4c0c8

February 13, 2024

Escolher distribuição Windows 32-bit
Ao fazer o download deste software, você confirma que aceita os Termos e
Condições e que tem pelo menos 13 anos de idade.

PLEXAMP

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COMPUTER

PLEXAMP FOR WINDOWS

Windows 10 (version 1607) or newer (Intel or AMD processors only)

v.1.40.0.7998-c29d4c0c8

February 13, 2024

Escolha o pacote
Windows 32-bit Windows 64-bit

You'll need the Plex Media Server and a Plex account to use this app.

Ao fazer o download deste software, você confirma que aceita os Termos e
Condições e que tem pelo menos 13 anos de idade.

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TERMOS DE SERVIÇO

Revised June 6, 2023

By using or otherwise accessing the Plex website, a Plex software, mobile, or
web application(s), or any related Plex service(s) (collectively, the “Plex
Solution”), you accept and agree to the following Terms of Service (this “TOS”).
Plex GmbH (“Plex”) is willing to license and permit use of the Plex Solution
subject at all times to agreement with this TOS. If you do not agree to this
TOS, do not use the Plex Solution.

IMPORTANT NOTICE: THIS TOS CONTAINS A BINDING ARBITRATION PROVISION AND CLASS
ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND
CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.

1. LICENSE.

Visão geral. For more information regarding the currently available Plex
Solution, please click here. The Plex Solution is provided pursuant to this TOS
to individual persons (and not entities) residing in the countries or regions
where Plex makes available its products and services.

General Plex Solution Grant. The Plex Solution is made available by Plex, and
this TOS provides to you (identified herein as “you” or a “user” or with “your”
(as further described below)) a personal (non-commercial), revocable, limited,
non-exclusive, nontransferable, and non-sublicensable license to access and use
the Plex Solution (by you and your Authorized Users (as defined below))
conditioned on your continued compliance with this TOS. You may print and
download Plex materials and information from the Plex Solution solely for your
personal use, provided that all hard copies contain all copyright and other
applicable notices contained in (or that are required to be displayed with) such
materials and information and that you (or your Authorized User(s)) do not
further distribute or disclose such materials and information. The content
layout, formatting, and features (or functionality) of and online or remote
access processes for the Plex Solution shall be as made available by Plex in its
sole discretion. You also acknowledge and agree to the following: (i) Plex has
the right to control and direct the means, manner, and method by which the Plex
Solution is provided; (ii) Plex may, from time to time, engage independent
contractors, consultants, or subcontractors to aid Plex in providing the Plex
Solution or use thereof; and (iii) Plex has the right to provide the Plex
Solution to others.

PMS Software Download(s). Plex may make downloadable software or a mobile
application(s) available through or as a part of the Plex Solution for use in
connection with your personal media management (“PMS Software”). The right to
use the PMS Software is provided as a part of the grant (above) to use the Plex
Solution in accordance with this TOS and subject to the following additional
obligations. You may only use the PMS Software on a device or hardware that you
own or control and as a part of your use of the Plex Solution or other Plex
service. You hereby acknowledge that the PMS Software may include or allow
integration with certain third-party executable modules that may be subject to
additional license terms and conditions. References to the Plex Solution herein
shall include the PMS Software and any integrated third-party executable
module(s) that you utilize.

Interfacing Software. “Interfacing Software” means any software that you obtain
or provide and that accesses or calls any PMS Software provided by Plex as part
of the Plex Solution including, but not limited to, plug-ins for the Plex
Solution, channel plug-ins, metadata agents, and client applications that
communicate directly or indirectly with the Plex Solution. You are responsible
and liable for any Interfacing Software, including any data collection that may
be undertaken or occur through the Interfacing Software. Plex encourages the
implementation and adherence of data collection and use practices substantially
similar to those articulated in the privacy policy of Plex (identified below).
By making, or assisting others in making, available any Interfacing Software,
you hereby grant Plex a worldwide, non-exclusive, and royalty-free right and
license to use (including testing, hosting, and linking to), copy, publicly
perform, publicly display (including screenshots), reproduce in copies for
distribution, market or promote (as a part of the Plex Solution or other
services of Plex), and distribute the copies of any Interfacing Software (or its
associated name). In connection therewith, you hereby agree to provide and
include (or link to) a privacy notice summarizing practices consistent with the
privacy policy of Plex noted below and include in the source code of the
Interfacing Software a copyright notice of the form: Copyright © <year>
<copyright holders>. Any data collection by Plex shall be in a manner consistent
with Plex’s privacy policy (noted below). Subject to the inclusion by Plex of
this notice (if first provided to Plex by you), you grant, and authorize Plex to
grant on your behalf, if necessary, a license, free of charge, to any person
obtaining a copy of the Interfacing Software and associated documentation files
from Plex, to deal in the Interfacing Software without restriction, including,
without limitation, the rights to use, copy, modify, merge, publish, distribute,
sublicense, and/or sell copies of the Interfacing Software, and to permit
persons to whom the Interfacing Software is furnished to do so. You represent
and warrant that you have all rights necessary to make the foregoing grants, and
you further agree that you will use and integrate the Interfacing Software in a
manner consistent with acceptable use of the Plex Solution pursuant to this TOS.
You may notify us (please click here) if you do not wish for Plex to use the
Interfacing Software that was created by and is owned by you. Any such
notification must include all requested information and representations (as
indicated by Plex). Plex will comply with such a proper request and cease its
own use of the Interfacing Software, but Plex must be granted a transition
period of at least thirty (30) days after receipt of the request to comply.
Plex, however, shall not be obligated to confirm removal or cessation of the
Interfacing Software by you or others (including Authorized Users) outside its
control.

Content Available Through the Plex Solution. In connection with the foregoing
grant to use the Plex Solution, the Plex Solution allows you to view or
otherwise access original Plex or third party Content. “Content” includes, but
is not limited to, text, graphics, photos, sounds, audio, and videos in the form
of, by way of example and not limitation, news reports, videos, and music. The
availability of such Content may change and not all Content is available in all
formats. Use of the Content is subject to the license grant for the Plex
Solution, but in addition, shall remain non-transferable and may be subject to
additional license grant terms set by the respective third party licensor(s).
Third-party Content displayed or accessible through the Plex Solution is
protected by copyright and other intellectual property law and belongs to the
respective owner(s) or licensor(s). This TOS does not grant you the right to
copy (further), distribute, prepare derivative works, publicly display, or
otherwise use any Content. You are expressly prohibited from engaging in or
facilitating the unauthorized sharing or distribution of Content.

Plex Solution Updates. Plex may, but is not obligated to, update the Plex
Solution with updates, upgrades, enhancements, improvements, additions, new or
incremental features or functionality of and generally made available through
the Plex Solution (as determined by Plex in its sole discretion), or
modifications that are provided as part of product support and any other support
or maintenance services that Plex provides as part of or otherwise in connection
with the Plex Solution (collectively, “Plex Solution Updates”). In some
instances, you may be required to consent to or to agree to use and implement an
applicable Plex Solution Update in a timely manner, including, without
limitation, as a means to protect the Plex Solution from unauthorized use,
content, or data. If you decline a Plex Solution Update, you may not be able to
use or access the Plex Solution (in whole or in part), and Plex shall have no
responsibility or liability for any continued use. Unless otherwise indicated,
references to the Plex Solution include any Plex Solution Updates.

Suporte. This TOS does not entitle you to any support or installation service
(collectively, “Suporte”). Any such Support that may be made available by Plex,
in its sole discretion, shall be subject to separate terms and conditions with
Plex.

Authorized User(s). Subject to any third party license restrictions for
applicable Content, you may enable members of your immediate family, for whom
you will be responsible (each, an “Authorized User(s)”), to access and use the
Plex Solution so long as all such use remains in compliance with this TOS.
Nevertheless, you acknowledge and agree that you shall be responsible for
monitoring your own and your Authorized User(s)’s use of the Plex Solution and
for maintaining compliance with this TOS and any third party license
restrictions for applicable Content. Any breach of this TOS by an Authorized
User(s) shall constitute a breach by you. Unless otherwise indicated, references
to “you” or “your” throughout this TOS therefore mean you, your Authorized
User(s), and the person or entity named on your account with Plex.

Restrictions. This TOS is only a license and not an assignment or sale. Plex
transfers no ownership or intellectual property interest or title in and to the
Plex Solution to you or anyone else. Plex expressly prohibits third parties from
selling or purchasing access to the Plex Solution or to any other service that
makes improper and unauthorized use of the Plex Solution in violation of these
TOS. Further, Plex reserves all rights not expressly granted by this TOS.
Accordingly, you may not modify, translate, decompile, create derivative work(s)
of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter
any proprietary notices or labels, license, sublicense (other than to an
Authorized User(s)), transfer, sell, mirror, frame, exploit, rent, lease,
private label, grant a security interest in, or otherwise use in any manner not
expressly permitted herein (or by Plex) the Plex Solution. In particular, and
without limitation of the foregoing, there is no right to distribute further the
PMS Software to the public or in excess of the limited license (above).
Moreover, this TOS does not grant any right to modify the PMS Software or
provide a right or license in or to any third-party executable module(s) or
accessible content beyond the limited and express grant herein.

2. USER OBLIGATIONS.

Generally. You represent that you are at least eighteen (18) years of age (or
the legal age of majority, whichever is greater) and will, at all times, provide
true, accurate, current, and complete information when submitting information or
materials on or through the Plex Solution, including, without limitation, when
you provide information via a Plex Solution registration, account, or submission
form. You are responsible for completing any registration(s) or account
requirements for access to applicable third party Content available through the
Plex Solution. Individuals under the age of eighteen (18) (or the applicable age
of majority) may utilize the Plex Solution only with the involvement and
acceptance of (this TOS by) a parent or legal guardian and then solely as an
Authorized User under a parent or legal guardian’s account. You further
represent that you (or the person agreeing to, accepting, or acting under this
TOS) are authorized to act on behalf of the person or entity named on the
account with Plex. In addition, you agree to abide by all applicable local,
state, national, and international laws and regulations with respect to your use
of the Plex Solution. In particular, you may not take any action that will
infringe on the intellectual property rights of Plex or any other third party.
If you violate this TOS, Plex has sole discretion to suspend or permanently
disable your access to the Plex Solution, and we may permanently disable or
delete your account or prohibit you from creating a new account. You acknowledge
that unauthorized use of copyrighted content of others may subject you to civil
and criminal penalties, including possible monetary damages, for copyright
infringement. You also acknowledge and agree that use of the Internet and the
Plex Solution is solely at your own risk. You further understand that by using
the Plex Solution you may encounter content that you may find offensive,
indecent, or objectionable. You assume all responsibility for obtaining and
paying for all licenses and costs for third-party software and hardware
necessary for access to the Plex Solution, and for maintaining and backing-up
your content and data.

User Account. You may be required to provide certain personal information
necessary to create an account with Plex. You may be required to create login
credentials, such as a username and password, or adhere to other particular
access requirements as designated by Plex in its sole discretion from time to
time. You are solely responsible for the activity that occurs on your account
and agree to keep your login credentials confidential and secure. You
acknowledge that Plex may not provide controls that restrict the maturity level
of content available through the Plex Solution. If you allow your child (under
the age of 18 or the legal age of majority, whichever is greater) to access your
Plex account, you are solely responsible for monitoring your child’s use of the
Plex Solution and determining what maturity level is appropriate for or
accessible to your child. You shall immediately notify Plex if you suspect or
become aware of any loss or theft of or unauthorized use of your access
credentials.

Content and Acceptable Use. The Plex Solution enables you to access content,
data, communication, and other interactive features and functionality (with such
uploaded, downloaded, shared, or exchanged information or content referenced
collectively herein as a “User Content”). Distribution of User Content may be
subject to third-party rights. You agree that by using the Plex Solution you
will not upload, post, display, or transmit any of the following:

* * qualquer coisa que difame, assedie, ameace, ofenda ou de qualquer forma
viole ou infrinja os direitos (incluindo, sem limitação, patentes, direitos
autorais ou direitos de marcas registradas) de outros;
* qualquer coisa que possa prejudicar, diminuir ou prejudicar a boa fé ou a
reputação da Plex e seus serviços;
* qualquer coisa que envolva a personificação de qualquer outra pessoa ou
entidade;
* qualquer coisa que constitua código, arquivos ou software de programação
viral ou prejudicial;
* qualquer coisa que constitua lixo eletrônico, spam ou publicidade não
autorizada; ou
* qualquer coisa que seja ilegal.
*

A Plex se reserva o direito de estabelecer práticas, parâmetros e limites
adicionais, a seu exclusivo critério, em relação à exibição ou disponibilidade
de qualquer Conteúdo do Usuário. Além disso, a Plex não terá qualquer obrigação
de incorporar ou utilizar qualquer Conteúdo de Usuário que não corresponda ou
atenda às práticas, parâmetros e limites técnicos e de uso da Plex.

Permission to User Content. You continue to retain any ownership rights you have
in the User Content you make available to Plex and/or the Plex Solution.
However, by submitting or making available any type of User Content, you
automatically and hereby grant to Plex a royalty-free, transferable,
sub-licensable and non-exclusive right and license to use or act on any such
User Content in furtherance of and in connection with the operation of the Plex
Solution. The rights you grant are limited to the purpose of providing and
operating the Plex Solution. You specifically acknowledge that the Plex Solution
facilitates distribution of the User Content, and as a part of the foregoing
grant, you permit any user with whom you share content a non-exclusive license
to access and use the User Content through the Plex Solution as permitted
through the functionality of the Plex Solution. You represent that you have all
necessary rights to make the foregoing grants and to otherwise make User
Content(s) available to Plex and for (and through) the Plex Solution.

No Pre-screening; Removal. Plex is not responsible for pre-screening or editing
your or any other user’s User Content, support forum posts, or any other
communications and encourages all of its users to use reasonable discretion and
caution in evaluating or reviewing any such content or communications. Moreover,
Plex does not endorse, oppose, or edit any opinion or information provided by
you or another user (unless separately and expressly provided by Plex) and does
not make any representation with respect to, nor does it endorse the accuracy,
integrity, quality, acceptability, completeness, timeliness, lawfulness,
suitability, or reliability of any User Content or communications displayed,
uploaded, or distributed by you or any other user. You also acknowledge that
Plex has no control over the extent to which any idea, content, or information
may be used by any party or person once it’s posted, shared, or displayed.
Nevertheless, Plex reserves the right to take any action within its control with
respect to User Content (or parts thereof), support forum posts, or any other
communications that Plex reasonably believes is necessary to: (i) satisfy any
applicable law, regulation, legal process or governmental request; (ii) enforce
this TOS, including investigation of potential violations hereof; (iii) detect,
prevent, or otherwise address fraud, security, or technical issues; (iv) respond
to user support requests; (v) protect the rights, property, or safety of Plex,
its users, or the public; or (vi) address any act or omission that Plex believes
in good faith violates this TOS and/or is, or is potentially, unlawful or
harmful to Plex, its services, or goodwill.

Enforcing Security. You may not use the Plex Solution or any of Plex’s data,
systems, network, or services to engage in, foster, or promote illegal, abusive,
dishonest, malicious, or irresponsible behavior, including, without limitation,
accessing or using Plex data, systems, or networks in an unauthorized manner,
attempting to probe, scan, or test the vulnerability of a Plex system or
network, circumventing any Plex security or authentication measures, monitoring
Plex data or traffic, interfering with any Plex services, collecting or using
from the Plex Solution email addresses, screen names, or other identifiers,
collecting or using from the Plex Solution information without the consent of
the owner or licensor, using any false, misleading, or deceptive TCP-IP packet
header information, using the Plex Solution to distribute software or tools that
gather information, distributing advertisements, or engaging in conduct that it
likely to result in retaliation against Plex or its data, systems, or network.
Actual or attempted unauthorized use of the Plex Solution may result in criminal
and/or civil prosecution, including, without limitation, punishment under the
Computer Fraud and Abuse Act of 1986 under U.S. federal law. Plex reserves the
right to view, monitor, and record activity through the Plex Solution without
notice or permission from you. Any information obtained by monitoring,
reviewing, or recording is subject to review by law enforcement organizations in
connection with investigation or prosecution of possible criminal or unlawful
activity through the Plex Solution as well as to disclosures required by or
under applicable law or related government agency actions. Plex will also comply
with all court orders or subpoenas involving requests for such information. In
addition to the foregoing, Plex reserves the right to, at any time and without
notice, modify, update, suspend, terminate, or interrupt operation of or access
to the Plex Solution, or any portion of the Plex Solution in order to protect
the Plex Solution or Plex.

Mobile Usage. The Plex Solution offers a tool(s) or display functionality that
is available to you via your mobile phone or other mobile computing device
(“Mobile Plex Solution(s)”). Please note that your mobile carrier’s normal
messaging, data, and other rates and fees will apply to your use of the Mobile
Plex Solution(s). In addition, downloading, installing, or using certain Mobile
Plex Solution(s) may be prohibited or restricted by your mobile carrier, and not
all Mobile Plex Solution(s) may work with all carriers or devices or in all
locations. Therefore, you are solely responsible for checking with your mobile
carrier to determine if the Mobile Plex Solution(s) are available for your
mobile devices; what restrictions, if any, may be applicable to your use of the
Mobile Plex Solution(s); and how much such use will cost you. Nevertheless, your
use of the Plex Solution shall be strictly in accordance with this TOS.

Feedback. Plex welcomes your feedback and suggestions about Plex’s products or
services or with respect to how to improve the Plex Solution. By transmitting
any suggestions, information, material, or other content (collectively,
“Feedback”) to Plex, you represent and warrant that such Feedback does not
infringe or violate the intellectual property or proprietary rights of any third
party (including, without limitation, patents, copyrights, or trademark rights)
and that you have all rights necessary to convey to Plex and enable Plex to use
such Feedback. In addition, any Feedback received by Plex will be deemed to
include a royalty-free, perpetual, irrevocable, transferable, non-exclusive
right and license from you for Plex to adopt, publish, reproduce, disseminate,
transmit, distribute, copy, use, create derivative works of, and display (in
whole or in part) worldwide, or act on such Feedback without additional approval
or consideration, in any form, media, or technology now known or later developed
for the full term of any rights that may exist therein, and you hereby waive any
claim to the contrary.

3. SUBSCRIPTIONS & RENTALS.

Plex currently offers access to the Plex Solution at no cost. However, Plex may
make available through fee-based subscriptions, rentals, or other transactional
offering(s), Content and functionality that is not available in the free version
of the Plex Solution. Click here for more information on subscription offerings.
All subscriptions and rentals are subject to additional terms and conditions
which are incorporated in this TOS and can be accessed here.

4. PRIVACY POLICY.

Please see Plex’s Privacy Policy for a summary of how Plex collects, uses, and
shares personal data. Plex is not responsible for your use of Interfacing
Software or any data collection or related usage practices associated with your
operation or maintenance of any Interfacing Software.

5. THIRD-PARTY CONTENT, WEBSITES, AND PLATFORMS.

Third-party Content. Third-party content displayed or accessible through the
Plex Solution is protected by copyright and other intellectual property law and
belongs to the respective owner. Use of the third-party content is subject to
the terms of use of the third party providing such content. This TOS does not
grant you the right to copy, distribute, prepare derivative works, publicly
display, or otherwise use any third-party content. You are expressly prohibited
from engaging in or facilitating the unauthorized sharing or distribution of
third-party content.

Links to Other Sites or Applications. Plex may provide links, in its sole
discretion, to other sites or applications on the Internet, including to the
Plex Store. Such other sites are maintained by third parties over which Plex
exercises no control. These links do not imply an endorsement with respect to
any third party or any third-party web site or the information, products, or
services provided by any third party. Plex encourages review of the applicable
terms, conditions or notices governing use of these third party sites or
applications.

Third-party Platforms and Networks. Certain features allow you to synchronize
your content across third-party platforms and networks. These features will
enhance the performance of the Plex Solution and allow you to better integrate
and harmonize the Plex Solution with information stored on or used with
third-party networks. Using this functionality typically requires you to login
to your account on the third-party service, and you do so at your own risk. You
should always review, and if necessary, adjust your privacy settings on these
networks and platforms before linking or connecting them to the Plex Solution.
You expressly acknowledge and agree that Plex is in no way responsible or liable
for any such third-party services or features.

Additional Terms and Conditions. Additional notices, terms, and conditions may
apply to certain subscription arrangements (including sign-up or registration),
Plex products, solutions, or services, receipt of (or access to) certain
content, participation in a particular program, and/or to specific portions or
features of the Plex Solution. Without limitation of the foregoing, you hereby
agree that (a) this TOS operates in addition to any terms of use imposed or
required by any digital download platform from which you download the Plex
Solution (“App Provider Terms”); and (b) the terms of this TOS supplement and do
not alter or amend any such App Provider Terms.

6. PROPRIETARY RIGHTS AND CONFIDENTIALITY.

Proprietary Rights. The Plex Solution is owned by Plex GmbH or its licensor(s).
Copyright 2016-2023 © Plex GmbH and/or its licensor(s). All rights reserved. All
content available through the Plex Solution, unless otherwise indicated, is
protected by copyright, trade secret, or other intellectual property laws. PLEX,
the Plex logo, and all other names, logos, and icons identifying Plex and its
solutions, products, and services are proprietary trademarks of Plex, and any
use of such marks without the express written permission of Plex is strictly
prohibited. Please see the Plex Trademarks and Guidelines policy statement
available here for more information regarding the trademarks or service marks of
Plex. Other service, product, or company names mentioned herein may be the
trademarks and/or service marks of their respective owners.

Confidentiality. You acknowledge and agree that the Plex Solution contains
confidential or nonpublic information that is the trade secret(s) of Plex and/or
its licensors (the “Confidential Information”). You agree to secure and protect
the confidentiality of the Confidential Information of Plex (and/or its
licensors) in a manner consistent with the maintenance of Plex’s rights therein,
using at least as great a degree of care as you use to maintain the
confidentiality of your own confidential information of a similar nature, but in
no event using less than reasonable efforts. You shall not, nor permit any third
party to, sell, transfer, publish, disclose, or otherwise make available any
portion of the Confidential Information to third parties, except as expressly
authorized in this TOS.

7. REPRESENTATIONS, DISCLAIMERS, LIMITATION OF LIABILITY, AND INDEMNIFICATION.

Representations and Warranties. You represent and warrant that (i) the person
accepting this TOS has the legal authority to bind the named person on the
account, and (ii) he or she has the right, power, and authority to (a) enter
into this TOS, (b) make the respective and applicable representations and
warranties contained herein, and (c) commit to and perform the respective
duties, obligations, and covenants set forth hereunder.

Warranty Disclaimer. THE PLEX SOLUTION IS PROVIDED ON AN “AS-IS” AND “AS
AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. PLEX
MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE PLEX SOLUTION AT ANY TIME AND FOR
ANY REASON. OTHER THAN THE RIGHT TO FULFILL ITS OBLIGATIONS UNDER THIS TOS, AND
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PLEX EXPRESSLY DISCLAIMS ALL
OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
WARRANTIES OF INTERFERENCE WITH ENJOYMENT OF INFORMATION, SECURITY,
NON-INFRINGEMENT, MERCHANTABILITY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE.
MOREOVER, YOU ACKNOWLEDGE AND AGREE THAT PLEX DOES NOT WARRANT THAT THE PLEX
SOLUTION WILL OPERATE FREE OF VIRUSES, MALWARE, OR HARMFUL PROGRAMMING SOFTWARE
(OR CODE), ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR
REQUIREMENTS OR MEET ANY LEGAL, TECHNICAL, OR CERTIFICATION STANDARD. BECAUSE
THE PLEX SOLUTION IS BASED ON YOUR CONTENT AND DATA, THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE PLEX SOLUTION IS WITH YOU. IF THIS DISCLAIMER OF
WARRANTY IS HELD TO BE UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION IN ANY
MANNER, THEN ALL EXPRESS AND/OR IMPLIED WARRANTIES MANDATED BY SUCH COURT SHALL
BE LIMITED IN DURATION TO A PERIOD OF THIRTY (30) DAYS FROM THE COMMENCEMENT OF
THE INITIAL PERIOD FOR THE PLEX SOLUTION AND NO WARRANTIES SHALL APPLY AFTER
THIS THIRTY (30) DAY PERIOD.

Limitation of Liability. YOU EXPRESSLY ABSOLVE AND RELEASE PLEX FROM ANY CLAIM
OF HARM RESULTING FROM A CAUSE BEYOND PLEX’S CONTROL, INCLUDING, WITHOUT
LIMITATION, ANY DAMAGE CAUSED BY HARDWARE, FILES, SYSTEMS, SOFTWARE, SERVICES,
OR NETWORKS OUTSIDE THE CONTROL OF PLEX. PLEX IS NOT RESPONSIBLE OR LIABLE FOR
YOUR OR ANY OTHER PERSON’S USE OF ANY INTERFACING SOFTWARE (OUTSIDE ITS
CONTROL). MOREOVER, ALL USER CONTENT (OR OTHER DATA OR CONTENT) YOU ACCESS
THROUGH THE PLEX SOLUTION IS AT YOUR OWN RISK. IN CONNECTION THEREWITH, YOU
SPECIFICALLY ACKNOWLEDGE THAT PLEX SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF YOUR USE (OR DELAY IN USE) OF OR FAILURE TO
STORE ANY DATA OR CONTENT MADE AVAILABLE THROUGH THE PLEX SOLUTION AND SHALL NOT
BE LIABLE FOR ANY USE OF ANY USER CONTENT BY OTHERS, INCLUDING YOUR AUTHORIZED
USERS. MOREOVER, IN NO EVENT SHALL PLEX BE LIABLE FOR ANY INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OF THE PLEX SOLUTION OR WITH THE DELAY OR INABILITY TO
USE THE PLEX SOLUTION, EVEN IF PLEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING THE FOREGOING, YOUR ABILITY TO RECOVER FROM PLEX FOR
BREACH OF THIS TOS, THE PRIVACY POLICY, OR FOR ANY OTHER REASON RELATED TO OR
ARISING OUT OF YOUR USE OF THE PLEX SOLUTION SHALL BE STRICTLY LIMITED TO
PAYMENT OF EITHER AN AMOUNT NOT TO EXCEED $100 OR THE TOTAL AMOUNT ACTUALLY PAID
BY YOU TO PLEX DURING THE PAST THREE MONTHS IN CONNECTION WITH YOUR INDIVIDUAL
USE OF THE PLEX SOLUTION, WHICHEVER IS GREATER.

Indemnification. You agree to indemnify, defend, and hold Plex (and its
affiliated companies, contractors, employees, agents, and suppliers and
partners) harmless from any and all claims, suits, actions, liabilities, losses,
costs, damages, expenses, and any other liabilities, including, without
limitation, attorneys’ fees, arising out of or related in any manner to your
breach or alleged breach of this TOS, your Interfacing Software, or for any
violation or alleged violation of the rights (including, without limitation,
patents, copyrights, or trademark rights) of any other person or entity by your
User Content.

8. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.

Arbitration. You agree that all disputes between you and Plex (whether or not
such dispute involves a third party) with regard to your relationship with Plex,
including, without limitation, disputes related to this TOS, your use of the
Plex Solution, and/or rights of privacy and/or publicity (whether pursuant to
federal or state statute or the common law), will be resolved by binding,
individual arbitration. Without limiting Plex’s right to seek injunctive or
other equitable relief (as set forth below), any disputes arising with respect
to this TOS between you and Plex (“parties”) shall be referred to an arbitrator
affiliated with the Judicial Arbitration and Mediation Services, Inc. (“JAMS”).
The arbitrator shall be selected by joint agreement of the parties. In the event
the parties cannot agree on an arbitrator within thirty (30) days of the
initiating party providing the other party with written notice that it plans to
seek arbitration, the parties shall each select an arbitrator affiliated with
JAMS, which arbitrators shall jointly select a third such arbitrator to resolve
the dispute, whose fees will be shared equally by the parties (unless the
prevailing party is entitled to recover their costs associated with the
arbitration). Arbitration shall be conducted under the rules then prevailing of
JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the
time of filing of the demand for arbitration. The parties specifically
incorporate the terms of California Code of Civil Procedure Section 1283.05 with
respect to discovery. The arbitrator’s award shall be binding and may be entered
as a judgment in any court of competent jurisdiction. The arbitration proceeding
shall be carried on and heard in Santa Clara County, California using the
English language. In any action or proceeding to enforce rights under this TOS,
the prevailing party will be entitled to recover costs and reasonable attorneys’
fees from the other party. You may bring claims only on your own behalf. Neither
you nor Plex will participate in a class-wide arbitration for any claims covered
by this TOS. This dispute resolution provision will be governed by the Federal
Arbitration Act.

Class Action Waiver. You and Plex agree to only bring claims arising from this
TOS on an individual basis and not as a plaintiff or class member in any
purported class or representative action or proceeding. Unless you and Plex
agree otherwise, more than one person’s or party’s claims may not be
consolidated. You and Plex agree that relief (including monetary, injunctive,
and declaratory relief) may be awarded only in favor of the individual party
seeking relief and only to the extent necessary to provide relief necessitated
by that party’s individual claim(s).

9. GENERAL INFORMATION

Choice of Law and Forum. The Plex Solution is controlled and operated by Plex
from its offices within the United States. This TOS has been made in and will be
construed and enforced in accordance with the laws of the State of California as
applied to agreements entered into and completely performed in the State of
California. You access and use the Plex Solution on your own volition and are
responsible for compliance with all applicable laws with respect to your access
and use of the Plex Solution. Additionally, Plex’s headquarters are located in
the United States. Please be aware that information you provide to Plex, or that
Plex obtains as a result of your use of the Plex Solution, may be processed and
transferred to the United States and be subject to United States law. Subject to
the foregoing arbitration right, any action to enforce this TOS will be brought
in the courts presiding in the Superior Court of Santa Clara County and the
United States District Court for the Northern District of California, and all
parties to this TOS expressly agree to be subject to the jurisdiction of such
courts. You and Plex waive trial by jury. Moreover, you may bring claims only on
your own behalf. Neither you nor Plex will participate in a class action or
class-wide arbitration for any claims covered by this TOS. You also agree not to
participate in claims brought in a private attorney general or representative
capacity, or consolidated claims involving another person’s account, if Plex is
a party to the proceeding.

Export Control Compliance. You represent and warrant that you are not (a)
located in a country that is subject to a U.S. Government embargo, or that has
been designated by the U.S. Government as a “terrorist supporting” country; and
(b) listed on any U.S. Government list of prohibited or restricted parties. You
hereby agree that (i) you will comply with all applicable Sanctions and Export
Control Laws, (ii) you are solely responsible for ensuring that the Plex
Solution is used, disclosed, and/or transported only in accordance with all
applicable Sanctions and Export Control Laws, and (iii) you will not re-export
or transfer the Plex Solution, in any form, directly or indirectly, to any
person or entity based in Cuba, Iran, Syria, Sudan, South Sudan, or North Korea.

Injunctive Relief. You acknowledge that any breach, threatened or actual, of
this TOS, including, without limitation, unauthorized use of Plex proprietary
assets, will cause irreparable injury to Plex, and such injury would not be
quantifiable in monetary damages, and Plex would not have an adequate remedy at
law. You therefore agree that Plex shall be entitled, in addition to other
available remedies, to seek and be awarded an injunction or other appropriate
equitable relief from a court of competent jurisdiction restraining any breach,
threatened or actual, of your obligations under any provision of this TOS.
Accordingly, you hereby waive any requirement that Plex post any bond or other
security in the event any injunctive or equitable relief is sought by or awarded
to Plex to enforce any provision of this TOS.

Term and Termination. This TOS will take effect (or re-take effect) at the (and
each) time you begin installing, accessing, or using the Plex Solution,
WHICHEVER IS EARLIEST, and is effective until terminated as set forth below.
Plex reserves the right to terminate this TOS at any time on reasonable grounds,
which shall specifically include, without limitation, discontinuation of the
Plex Solution (or related services) as an offering of the Plex business,
nonpayment, termination of account, fraudulent or unlawful activity, or actions
or omissions that violate this TOS, subject to the survival rights of certain
provisions identified below. In addition, Plex shall have the right to take
appropriate administrative and/or legal action in the event of breach or
(alleged) criminal activity, including alerting legal authorities, as it deems
necessary in its sole discretion. You may also terminate this TOS at any time by
providing Plex with notice of cancellation, but all applicable provisions of
this TOS will survive termination, as identified below. You may close your
account by clicking here. Upon termination and in accordance with law, your
right to access and use the Plex Solution shall cease (regardless of the
subscription period) and you must immediately destroy all copies of any aspect
of the Plex Solution in your possession. Termination shall result in
deactivation or deletion of your account with Plex. The following provisions
will survive the termination of this TOS for any reason: License (Content
Available Through the Plex Solution, Restrictions); User Obligations (Permission
to User Content, Enforcing Security, Feedback); Third Party Content, Websites,
and Platforms (Additional Terms and Conditions); Proprietary Rights and
Confidentiality (all sections); Representations, Disclaimers, Limitation of
Liability, and Indemnification (all sections); Arbitration Agreement and Class
Action Waiver (all sections); General Information (Choice of Law and Forum,
Injunctive Relief, Term and Termination, Waiver & Severability, Entire Agreement
and Updates). Further, Plex shall not be responsible for any damage that may
result or arise out of termination of this TOS.

Waiver & Severability. Failure to insist on strict performance of any of the
terms and conditions of this TOS will not operate as a waiver of any subsequent
default or failure of performance. No waiver by Plex of any right under this TOS
will be deemed to be either a waiver of any other right or provision or a waiver
of that same right or provision at any other time. If any part of this TOS is
determined to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers, venue, claim, and liability
limitations set forth above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable, provision that most clearly matches
the intent of the original provision and the remainder of this TOS shall
continue in effect.

Entire Agreement and Updates. No joint venture, partnership, employment, or
agency relationship exists between you and Plex as a result of this TOS or your
utilization of the Plex Solution, and you do not have any authority of any kind
to bind Plex in any respect whatsoever. This TOS represents the entire agreement
between you and Plex with respect to your individual use of the Plex Solution.
This TOS is not assignable, transferable, or sub-licensable by you except with
Plex’s prior written consent. Plex may transfer, assign, or delegate this TOS
and its rights and obligations without consent. Please note that Plex reserves
the right to change the terms and conditions of this TOS and the terms and
conditions under which the Plex Solution and its offerings are extended to you
by posting online a revised TOS or e-mailing notice thereof to you. In addition,
Plex may add, modify, or delete any aspect, program, functionality, or feature
of the Plex Solution. Your continued use of the Plex Solution following any
addition, modification, or deletion will be conclusively deemed acceptance of
any change to the terms and conditions of this TOS. Accordingly, please review
this TOS found at this location on a periodic basis.

Notices. Any communication(s) or notice (and any related materials or
information) to be sent pursuant to this TOS shall be in the English language
and shall be deemed provided: (a) to the email address designated by you; or (b)
by posting to the Plex Solution. For notices made by e-mail, the date of receipt
will be deemed the date on which such notice is transmitted. You further agree
that any notices, agreements, disclosures, or other communications that Plex
sends you electronically (using the contact information you provide through the
Plex Solution) will satisfy any legal communication requirements.

Contato. If you have questions regarding the Plex Solution or if you are
interested in obtaining more information concerning Plex or its products,
services, or solutions, please contact Plex.

VALORIZAMOS SUA PRIVACIDADE.

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