Last updated on July 27, 2018.
We thank you for your interest in Radiant Media Player.
By using, ordering, downloading or installing the Player from radiantmediaplayer.com, the Licensee is agreeing to be bound by this License and the licenses granted hereunder are subject to compliance with any and all terms of this License. The Licensee further agrees that any employees or any persons authorised by the Licensee to use the Player will also be bound by the terms of this License.
If you do not agree with the terms of this License, you must not use the Player for any purpose whatsoever.
In this License:
"Documentation" means the documentation linked to the Player supplied by the Licensor to the Licensee. This documentation is available online at https://www.radiantmediaplayer.com/docs/latest/documentation.html;
"License" means this document (including the preamble), and any amendments to it from time to time;
"Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of or problems with the Internet or a part of the Internet, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);
"Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registered or unregistered, including any application or right of application for such rights (and the "intellectual property rights" referred to above include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models and rights in designs);
"Licensee" means the licensee of the Player under this License;
"Licensor" means Radiant Media Player EURL, a registered business in France under SIRET registration number 825 160 799 00029, owner and developer of the Player, based at 555 avenue W. A. Mozart, Les terrasses de Sextius Bat. A, 13100 Aix en Provence, France;
"Content" means any video, audio, data provided by the Licensee and that is consumed through or displayed by the Player. The Licensor does not provide services to host or encode Content.
"Edition" The Player is currently available in two editions: RMP Edition which is based on a pay-per-domain business model and PLATFORM Edition which is based on a pay-per-player-starts business model;
"Domain" means Internet domain name. The Player is subject to being authorised on a given number of Internet domains based on the number of purchased license keys or selected Player Edition. The Licensee may purchase at any time additional license keys for the Player. Security mechanisms are in place to check authorisation of the Player for a given Internet domain;
"Apps" means a web-based application that can be deployed on a mobile, desktop or OTT device, generally through an application store specific to this device. An App uses the file:// protocol to load its content as opposed to a website which typically uses the http:// or https:// protocol;
"Player start" a player start is counted when the first frame of Content or pre-roll ad, if any, is presented to the viewer through the Player. If multiple ads are displayed or if the viewer pauses, plays, seeks or replays media within the same player instance only one Player start is counted. When Content within the player changes a new Player start is counted. Player starts counter is reset to 0 at the beginning of each billing cycle;
"Back-end" means a graphical interface reachable at https://www.radiantmediaplayer.com/back-end through a modern Internet browser where the Player can be managed. Using the Player means the Licensee has access to the Back-end and is using it to manage the Player. The back-end is only accessible through the Licensor's Cloud-based services;
"Cloud-based services" means the Player and/or Back-end is made available to the Licensee by the Licensor through a cloud-based architecture. These Cloud-based services are provided through content delivery network and Internet hosting service providers;
"Player Authorisation Mechanism" means a license key is required for each Domain or Apps where the Player is used. License keys are generated in the Back-end. The authorisation mechanism is included within the Player and does communicate from time to time with an external server to verify license key validity. For PLATFORM Edition Domain and Apps white-listing and black-listing services are also provided and managed in the Back-end;
"Website" means the Licensor's website https://www.radiantmediaplayer.com
"OEM licensing" means incorporation of the Player into any goods or services including SDK Applications, Software as a Service, online video platforms and other goods and services. Licensee's websites or applications are not OEM except to the extent the Player is incorporated into any goods or services.
This License sets out the terms and conditions upon which the Licensor licenses, sales and supplies the Player. This License shall also govern the use of the Player.
The Licensee must explicitly give his or her consent to this License before using, downloading or installing the Player. Once this consent has been collected by the Licensor, this License comes into force.
If applicable all required charges and fees must also be paid in full by the Licensee before this License can come into force.
This License will continue in force for the legal duration of Player copyright owned by the Licensor according to French law, unless and until terminated in accordance with clause 22.
6.1 Player license
The Licensee may only use the Player and Documentation for the Licensee's business, internal business or own private commercial or non-commercial purposes and in accordance with the provisions of this clause.
Subject to the payment of the relevant fees by the Licensee and the Licensee's compliance with clause 6.2 and the other provisions of this License, the Licensor grants to the Licensee a non-exclusive, non-transferable, non-assignable license, without the right to sub-license to:
RMP Edition Licensee
Download, install or use the Player and Documentation on one or more Domains according to the number of license keys purchased by the Licensee anywhere in the world. The Player may be used for as many sub-domains as required by the Licensee for
a given registered Domain. Additional Domains can be purchased by the Licensee at any time for the Player. A license key for each authorised Domain needs to be generated before use of the Player. Monthly Player starts volume for a registered
Domain is unlimited for RMP Edition in accordance with the Licensor current Player delivery capacity. In the event the Licensee Player starts monthly volume would cause a disruption to the Licensor delivery capacity, the Licensor shall contact
the Licensee to find a communally agreeable solution. If such a solution cannot be found, the Licensor reserves the right to terminate this License to maintain its delivery capacity in accordance with clause 22.
Additionally the Licensor grants to each Licensee one (1) additional license key, valid for one (1) Domain, for staging or testing purposes at no extra cost. Only one license key can be granted to each Licensee by the Licensor. This additional license key comes with all RMP Edition Player features and should remain active for as long as the Licensee has an active RMP Edition subscription with the Licensor. The Licensee agrees to only use this additional license key for the purpose of staging or testing purposes. The Licensor reserves the right to disable this additional license key should the Licensee fail to comply with the terms of this License.
PLATFORM Edition Licensee
Download, install or use the Player and Documentation on any number of Domains or Apps according to the number of Player starts purchased by the Licensee anywhere in the world. A unique license key for each PLATFORM Edition Licensee shall be provided by the Licensor. If the Licensee goes over the subscribed monthly plan's limit the Licensee subscription shall be upgraded automatically to allow for more monthly Player starts to be used. The Licensee will be notified in writing of this upgrade, before the upgraded price comes into effect and will have the opportunity to refuse the upgrade, in which case this License shall be terminated in accordance with clause 22. In order to accommodate for occasional spikes in traffic the automatic subscription upgrade is only triggered when the Licensee reaches the current subscription Player starts limit plus an overflow quota of 10%. Player starts counter is reset to 0 at the beginning of each billing cycle.
OEM licensing for PLATFORM Edition Licensee
Furthermore, the Licensor grants to each PLATFORM Edition Licensee the right to use the Player into any goods or services including SDK Applications, Software as a Service and other goods and services. OEM licensing is authorised only in connection with the Player PLATFORM Edition. RMP Edition Licensee are strictly prohibited from incorporating the Player into any goods or services, such unauthorised usage will cause termination of this License in accordance with clause 22. Using the Player on the Licensee website does not require OEM licensing unless this website is part of any goods or services including SDK Applications and Software as a Service.
6.2 The Licensee must not:
6.2.a copy or reproduce the Player or Documentation or any part of the Player or Documentation other than in accordance with the license granted in this Clause. Some parts of the Documentation are released under Creative Commons Attribution 3.0 License in which case it will be clearly indicated on the documentation page. In this case the Documentation is ruled by the Creative Commons Attribution 3.0 License;
6.2.b sell, resell, rent, lease, loan, supply, distribute, redistribute, publish or re-publish the Player or Documentation or any part of the Player or Documentation. FastSpring is the only official authorised reseller for the Player and has been given special written authorisation to resell the Player;
6.2.c modify, alter, adapt, translate or edit, or create derivative works of, the Player or Documentation or any part of the Player or Documentation;
6.2.d reverse engineer, decompile, disassemble the Player or Documentation or any part of the Player or Documentation;
6.2.e circumvent or remove or attempt to circumvent or remove the technological measures applied to the Player and Documentation for the purposes of preventing unauthorised use;
6.4 In agreeing to the present License the Licensee grants the Licensor the right to use the Licensee company name and publicly available company logo on the Licensor website and other marketing materials that the Licensor may find useful in order to promote the Player. If the Licensee wishes not to be mentioned on the Licensor website or marketing materials the Licensee must make this request to the Licensor in writing. The Licensor shall then comply with the Licensee request.
All Intellectual Property Rights in the Player, Documentation and Website are and will remain, as between the parties, the property of the Licensor.
The Licensee remains owner or responsible for Content and other data used through the Player.
8.1 The Licensee may permit any employee of the Licensee to exercise the rights granted by the Licensor to the Licensee under Clause 6, subject always to the restrictions set out in Clause 6.
8.2 The Licensee must ensure that any person using the Player or Documentation in accordance with Clause 8.1 is made aware of, and agrees to, the terms of this License.
9.1 The advertising of the Player on the Website constitutes an "invitation to treat" rather than a contractual offer.
9.2 To enter into a contract through the Website and to order the Player, the following steps must be taken:
The prospected Licensee must first go to the Licensor pricing page at https://www.radiantmediaplayer.com/pricing.html. Then the prospected Licensee must tick a box to explicitly give his or her consent to this License before starting the order process. Once this box has been ticked, the prospected Licensee must select a Domain or Player starts volume that fits his or her requirements and click on the "Order RMP Edition" or "Order PLATFORM Edition" button, according to the wanted Player Edition. The prospected Licensee can then proceed to checkout with the Licensor reseller FastSpring;
The prospected Licensee will then be transferred to the Licensor reseller website, and the Licensor's reseller will handle the payment;
If the payment is successful, the Licensor will send the Licensee an order confirmation (at which point the order will become a binding contract) or else the Licensor will confirm by email to the Licensee that the order could not be processed any further.
If the Licensee is a new customer, an account will automatically be created based on information provided during the order process;
If the Licensee is an existing customer, the order will be added to the Licensee existing account provided the same email address has been used;
9.3 The Licensee will have the opportunity to identify and correct input errors prior to making the order by selecting the related input fields and correct information within these fields.
10.1 Prices are quoted on the Website at https://www.radiantmediaplayer.com/pricing.html. The Player is available as a month-to-month subscription service by default. Other subscription options may be provided on a case by case basis by the Licensor upon request of the existing or prospected Licensee. When subscribing, the Licensee is guaranteed a fixed price for a period of 2 years. If a price reduction becomes available, the Licensor reserves the right to automatically apply this price reduction to all or some existing Licensees. After that period of 2 years and in the event of a price increase that the Licensor wishes to apply, the Licensee will be notified in writing by email of the price change and the Licensee will have the option to either cancel the subscription service or accept the price change. The new price will then be valid for another 2 years period.
10.2 The Licensor may from time to time change prices quoted on the Website.
10.3 All amounts stated in these terms and conditions or on the Website are stated exclusive of VAT.
All fees are non-refundable except as otherwise provided in these License. The Licensee shall be responsible to pay all taxes due in connection with the fees and the Licensee's use of the Player.
As soon as this License comes into force the Player will be made available to the Licensee in the Back-end at https://www.radiantmediaplayer.com/back-end/. This is generally a matter of minutes but can take up to 16 business hours.
13.1 To be eligible for an account on the Website, the Licensee must be at least 18 years of age.
13.2 The Licensee must notify the Licensor in writing immediately if the Licensee becomes aware of any unauthorised use of the account.
14.1 The Licensee will set a password for his or her account at https://www.radiantmediaplayer.com/back-end/. The user ID will be set by default by the Licensor but can be changed by the Licensee through contacting the Licensor.
14.2 The Licensee's user ID and password are used to restrict access to the services provided by the Licensor and area of the Website based on registration and purchases if applicable. They are used to ensure the integrity and availability of the Licensor's services and the integrity, confidentiality and availability of personal data the Licensee may have provided.
14.3 The Licensee must keep the password and user ID confidential.
14.4 The Licensee must notify the Licensor in writing immediately if the Licensee become aware of any disclosure of the password or user ID.
14.5 In case of loss of password the Licensee must use an online reset password form provided by the Licensor available at https://www.radiantmediaplayer.com/reset-password.html
14.6 In case of loss of user ID, the Licensee has to contact the Licensor to inform the Licensor of the situation. The Licensor may require proof of the Licensee's identify and order before providing the Licensee with user ID information.
14.7 The Licensee is responsible for any activity on the Website & Back-end arising out of any failure to keep the password confidential and may be held liable for any losses arising out of such a failure.
The Licensor provides to the Licensee Cloud based services available on the Licensor servers through the Internet network. The Cloud-based services include access to the Back-end through a modern Internet browser. The use of the Player through the Cloud-based services provided by the Licensor is subject to the same licensing terms as expressed in this License. The Licensor provides hosting of data, maintenance and security for these Cloud-based services in a manner consistent with general industry standards reasonably applicable.
The Licensee is fully aware of the technical hazards that may cause interruptions of services due to the inherent nature of the Internet and computer networks. Cloud-based services are provided to the Licensee by the Licensor with no warranty of any kind as expressed in Clause 19 of this License. The Licensor is not to be held responsible for any unavailability, slowing-down or failure of the Cloud-based services as expressed in Clause 20 of this License. It is the Licensee's responsibility to establish a back-up strategy, if desired, in case the Cloud-based services provided by the Licensor become unavailable.
16.2 Access to the Cloud-based services
The Licensee can access the Licensor's Cloud-based services at any time outside of maintenance periods. This means a 24 hours a day, 7 days a week access including Sundays and bank holidays. The Licensor will inform the Licensee through the Website or the Back-end of all maintenance periods exceeding 2 business hours with a minimum of 8 business hours notice. Each maintenance period shall not exceed 16 business hours.
17.1 The Licensor shall provide reasonable technical support and maintenance for the Player in its sole discretion.
Technical support and maintenance shall only be provided to Licensee who ordered the Player for its current major version (version 4 as of February 2017). Technical support covers troubleshooting for the Player setup/features, bugfixes and other minor improvements. Support and updates for previous major versions of the Player are not covered by this License. Support for complex setups, integration in CMS or other advanced features that are not part of the Player current features list is not covered by this License. Technical support and maintenance shall only be provided to Licensee if it is technically possible to provide such maintenance and support.
Documentation for the Player is located at https://www.radiantmediaplayer.com/docs/latest/documentation.html. Technical support can be reached through the Licensor's online contact form at https://www.radiantmediaplayer.com/technical-support.html
Non-technical, administrative and sales related questions should be directed to https://www.radiantmediaplayer.com/contact.html.
The Licensor shall have no obligation to provide additional technical support, maintenance, updates or enhancements to the Player. All installation and maintenance of the Player by the Licensee on the Licensee's infrastructure shall be at the sole expense of the Licensee.
17.2 The Licensee acknowledges that:
17.2.a the Licensor's sole obligation under Clause 17.1 is to make reasonable endeavours to resolve issues raised by the Licensee;
17.2.b the Licensor does not provide any kind of guarantee to the Licensee that issues raised will be solved;
17.2.c the Licensor will not provide any on-site support under this License;
18.1 The Licensee warrants to the Licensor that it has the legal right and authority to enter into and perform its obligations under this License.
18.2 The Licensor warrants to the Licensee that it has the legal right and authority to enter into and perform its obligations under this License.
18.3 The Licensee acknowledges that:
18.3.a the Player may not be error-free and that non-material errors in the Player will not constitute a breach of this License.
18.3.b the Player has not been developed to meet the specific requirements of the Licensee, and accordingly the Licensee will be responsible for ensuring that the Player is suitable to meet the Licensee's requirements.
Except as otherwise provided and to the maximum extent allowed by law, the Player is provided by the Licensor on an "as is" basis to the Licensee without warranties or conditions of any kind, either express or implied including, without limitation, any warranties or conditions of title, non-infringement of third party rights, merchantability or fitness for a particular purpose. Except as otherwise provided, use of the Player is at the Licensee's own risk and Licensee is solely responsible for determining the appropriateness of exercising the rights granted under this License and assumes all risks associated therewith, including but not limited to the risks and costs of software errors, compliance with applicable laws, damage to or loss of data programs or equipment, suitability for hosting and unavailability or interruption.
20.1 Nothing in this License will exclude any liability of a party that may not be excluded under applicable law
20.2 The Licensor will not be liable to the Licensee for any losses arising out of a Force Majeure Event.
20.3 The Licensor will not be liable to the Licensee in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
20.4 The Licensor will not be liable to the Licensee in respect of any loss or corruption of any data, database or software.
20.5 The Licensor will not be liable to the Licensee in respect of any special, indirect or consequential loss or damage.
20.6 The Licensor's aggregate liability to the Licensee will not exceed the total amount of all fees paid to the Licensor.
21.1 No responsibility for Content
The Licensee acknowledges and understands that Content consumed through or displayed by the Player is entirely the Licensee responsibility. The Licensee acknowledges, agrees, and agrees to assert and acknowledges in legal proceedings that the Licensor exercises no control whatsoever over the Content and that the Licensor will not be liable for Content.
21.2 Prohibited Content
Furthermore, the Licensee agrees to not use the Player with any Content that is illegal or which improperly references illegal activities. This includes Content that is defamatory, obscene, abusive, invasive of privacy or otherwise objectionable
including Content that constitutes child pornography, relates to bestiality or depicts non-consensual sex acts. Prohibited Content also includes Content that promotes download of software viruses or other malware, misleading material or
If the Licensor is made aware or finds out that prohibited Content is used by the Licensee with the Player this License will immediately be terminated according to clause 22. The Licensor will not be liable for the use and consequences of use of prohibited Content with the Player by the Licensee.
The Licensee can at any time cancel the subscription. The request for cancellation must be made by the Licensee within the Licensor Back-end ("Account" tab) or by contacting the Licensor in writing. The Licensee subscription will remain active until the end of the current subscription period. After this date the Licensee subscription will end, and the Licensee will not be billed again.
The Licensor may terminate this License immediately by giving the Licensee written notice of termination if the Licensee or any employee of the Licensee or person authorised by the Licensee to use the Player and Documentation breaches any provision of this License.
As a result of termination, the Licensee will lose, and the Licensor may delete, the Licensee's account and the related information the Licensee has passed on to the Licensor.
In the event of termination of this License no credit (such as for unused services) will be credited to the Licensee or converted into cash or any other form of reimbursement.
The Licensee and the Licensor mutually agree not to disclose to any third-parties and to keep confidential any communications they may have between one another and to only use these communications to comply with the terms and conditions of this License or to exercise one of the parties' rights under this License.
24.1 The Licensor may revise these terms and conditions from time to time by publishing a new version on its website.
24.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
25.1 No breach of any provision of the License under these terms and conditions will be waived except with the express written consent of the party not in breach.
25.2 No waiver of any breach of any provision of the License under these terms and conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that License.
26.1 If a provision of the License under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
26.2 If any unlawful and/or unenforceable provision of this License under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
27.1 The License under these terms and conditions is for the Licensee and the Licensor benefits, and is not intended to benefit or be enforceable by any third party.
27.2 The exercise of the parties rights under the License under these terms and conditions is not subject to the consent of any third party.
28.1 The Licensor will not file a copy of these terms and conditions specifically in relation to each user or customer and, if the Licensor updates these terms and conditions, the version to which the Licensee originally agreed will no longer be available on the Website. The Licensor recommends to the Licensee to save a copy of this License for future reference.
28.2 This License is only available in the English language.
29.1 The License shall be governed by and construed in accordance with French law.
29.2 Any disputes arising under this License shall be heard in the courts located in Aix en Provence, France only and the Licensee consents to the exclusive jurisdiction thereof.
30.1 The radiantmediaplayer.com Website is owned and operated by the Licensor. The Licensor is the owner of Radiant Media Player and developer of the Player.
30.2 The Licensee can contact the Licensor:
By writing to the Licensor's business address:
Radiant Media Player EURL
555 avenue W. A. Mozart
Les terrasses de Sextius Bat. A
13100 Aix en Provence
By using the contact form at https://www.radiantmediaplayer.com/contact.html;
By writing to the following email address: contact [at] radiantmediaplayer.com;