End User Software License Agreement
THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") IS A LEGAL AGREEMENT BETWEEN YOU AND STREAMING NETWORKS, INC., A
DELAWARE CORPORATION. PLEASE READ IT CAREFULLY BEFORE USING THE STREAMING NETWORKS SOFTWARE (“SOFTWARE”) INCLUDED
HEREWITH. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE. IF YOU DO NOT
AGREE TO THE TERMS AND CONDITIONS OF THE LICENSE, DO NOT USE THE PRODUCT. THE SOFTWARE CAN BE IN READ ONLY MEMORY, ON
DISK OR ANY OTHER MEDIA OR IN ANY OTHER FORM. THIS SOFTWARE IS LICENSED, NOT SOLD.
1. License Grant. Subject to the terms and conditions as well as the restrictions and exceptions of this agreement, Streaming Networks,
hereby grants you a nonexclusive, non-distributablze, non-sublicensable, royalty-free, limited right and license to use the Software in
personal capacity only. You will use the Software only in accordance with the applicable user documentation included herewith and
incorporated herein by reference.
2. Limitation on Use. This Software is intended for personal use only. It is licensed for recording only non-copyrighted materials, and
materials that you own or are permitted to record or reproduce legally. In some jurisdictions, it is unlawful to make digital copies without
prior permission from the owner. You may not rent or lease the Software. You may not make the Software available over a network or the
Internet. You may not make copies of the Software, except for one copy for backup purposes only. You may not copy, reverse engineer,
decompile, disassemble or modify any portion of the Software or create any derivative work of the Software or otherwise attempt to
reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming interfaces of the Software. You shall not
remove any product identification, copyright or other notices from the Software or associated documentation.
3. Ownership. No right or license shall be implied by estoppels or otherwise, other than the limited license rights granted to you in Section 1
herein. All ownership rights, title and interest in the Software and associated documentation and all copies and portions thereof are and
shall remain with Streaming Networks. Streaming Networks claims and reserves to itself all rights and benefits in the Software and related
documentation afforded under United States patent and copyright laws and all international conventions and all other US and
international intellectual property laws. The rights granted to you are limited to Streaming Networks' and its licensor's patents and
intellectual property rights in the Software and do not include any other patents or intellectual property rights. Title and intellectual
property rights in and to any content recorded through the Software belongs to the content owner. Such content may be protected by
copyright or other intellectual property laws and may be subject to terms of use of the third party providing such content. This License
does not grant you any rights to use such content.
4. Confidentiality. You agree that the SOFTWARE &all inventions, algorithms, know-how and ideas that are related to or derived from
SOFTWARE you obtained from SN & all other business and technical information you obtained from SN are the confidential property of SN.
You agree to hold such information in confidence & not to disclose such information to any third party without SN's prior written consent.
5. Limited Warranty. STREAMING NETWORKS WARRANTS THAT FOR A PERIOD OF NINETY (90) DAYS FROM THE ORIGINAL DATE OF
PURCHASE, THE MEDIA ON WHICH SOFTWARE IS FURNISHED WILL BE FREE OF DEFECTS IN MATERIALS AND WORKMANSHIP UNDER
NORMAL USE. YOUR EXCLUSIVE REMEDY AND STREAMING NETWORKS' ENTIRE LIABILITY UNDER THIS LIMITED WARRANTY, UNDER
STREAMING NETWORKS' OPTION, WILL BE THE REPLACEMENT OF THE SOFTWARE ON MEDIA AS IT WAS PURCHASED. EXCEPT FOR THE
ABOVE, THE SOFTWARE IS LICENSED “AS IS” WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIED. THIS WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM JURISDICTION TO JURISDICTION.
6. Limitation of Liability. In no event will Streaming Networks or its licensors be liable for any indirect, incidental, special, consequential or
punitive damages whatsoever, in connection with or arising out of this license, including loss of data, business interruption or other
economic advantage, no matter what theory of liability, even if Streaming Networks is advised of the possibility of such damages. In no
event will Streaming Networks' liability to you, whether in contract, tort (including negligence), or otherwise, exceed US $10 (Ten US
Dollars). The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. Some states do not allow the
exclusion of incidental or consequential damages, so some of the terms above may not be applicable to you.
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