Global Streams GlobeCaster STUDIO 4000 Manual Download

Page: 133 / 144

129

GlobeCaster

Swi t che r M anu al

GlobeCaster System License Agreement

IMPORTANT - READ THIS LICENSE AGREEMENT (“AGREEMENT”)
CAREFULLY BEFORE USING OR OTHERWISE OPERATING THE
GLOBECASTER SYSTEM. BY USING THE GLOBECASTER SYSTEM, YOU
INDICATE YOUR ACCEPTANCE AND AGREEMENT OF THE TERMS AND
CONDITIONS OF THIS AGREEMENT. GLOBALSTREAMS, INC.’S
(“GLOBALSTREAMS”) ACCEPTANCE OF YOUR GLOBECASTER SYSTEM
ORDER IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE
TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF
ALL OTHER TERMS, INCLUDING WITHOUT LIMITATION ANY
SUPERSEDING OR ADDITIONAL TERMS PROPOSED BY YOU (OTHER THAN
CONFIRMING AGREED-UPON PRICE, QUANTITY AND SHIPPING
INFORMATION); IF THESE TERMS ARE CONSIDERED AN OFFER BY
GLOBALSTREAM, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS AND CONDITIONS
OF THIS AGREEMENT, YOU SHOULD PROMPTLY RETURN THE
GLOBECASTER SYSTEM, INCLUDING ANY UNOPENED SOFTWARE
PACKAGE(S) AND ACCOMPANYING DOCUMENTATION, FOR A FULL
REFUND OF APPLICABLE FEES PAID. THIS IS A LEGAL AGREEMENT
BETWEEN YOU (YOUR COMPANY IF APPLICABLE) AND GLOBALSTREAMS.
THIS AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING
THE GLOBECASTER SYSTEM (AS DEFINED BELOW) BETWEEN YOU AND
GLOBALSTREAMS AND SUPERSEDES ANY PRIOR PROPOSAL,
REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES. IN THE
EVENT OF ANY CONFLICT BETWEEN THIS AGREEMENT AND ANY OTHER
DOCUMENT RECEIVED FROM YOU, INCLUDING WITHOUT LIMITATION
ANY PURCHASE ORDER DOCUMENTATION, THE TERMS OF THIS
AGREEMENT SHALL PREVAIL.

1. GRANT OF LICENSE.

1.1 Subject to the terms and conditions of this Agreement, GlobalStreams hereby
grants to you, and you accept, a limited, personal, nonexclusive, nonsublicensable,
nontransferable (except in accordance with Section 11.1) license to use each copy
of the software object code provided to you, including any updates or upgrades
provided by GlobalStreams (the “Software”), with the tangible equipment provided
by GlobalStreams (“Hardware”) and the accompanying hardcopy documentation
(the “Documentation”) (the Software, Hardware and Documentation collectively
constituting the “GlobeCaster System”) for the sole purpose of offering to your
customers broadcast production services as authorized in this Agreement. You
agree that you will not assign, sublicense, transfer, pledge, lease, rent, or share your
rights under this Agreement. You agree that you may not reverse assemble, reverse
compile, or otherwise translate the Software or create derivative works of the
Software or Documentation. You will use reasonable efforts to protect
GlobalStreams’ rights under this Section 1 and will notify GlobalStreams of any
infringement about which you become aware.

1.2 You may make one (1) archival copy of the Software and Documentation,
provided that you affix to such copy all copyright, confidentiality, and proprietary
notices that appear on the original. You may make one copy of the Documentation
for backup purposes. Except as authorized under this paragraph, no copies of the
Software or Documentation or any portions thereof may be made by you or any
person under your authority or control.