End User License Agreement for the MpegTV Software Developer's KIT
This License is for an evaluation copy of the MpegTV Software Developer's Kit (SDK).
BEFORE YOU USE THE SOFTWARE DISTRIBUTED WITH THIS LICENSE AGREEMENT, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY USING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE AND DESTROY ALL COPIES OF THE SOFTWARE FROM YOUR COMPUTER.
1. MpegTV, LLC, (the "Company") grants you (the "Customer") a worlwide, non-exclusive, restricted right and license to use the accompanying MpegTV SDK libraries and sample code (the "Software") for evaluation and trial use purposes only. The Software is formed of the MpegTV object-code libraries, header files, sample source code, sample applications and various accompanying files (documentation, icone files, resource files etc).
2. The Software is licensed, not sold. The Software is protected by copyright law and international copyright treaty provisions, as well as other intellectual property laws and treaties. Customer must not allow copies of the Software or any part of it to be made or distributed to anyone else. Customer may make backup copies of the software for archival purposes only.
3. The Software is licensed for use on a single computer. Customer may delete the Software from one computer and reinstall it on another, but Customer may not install the Software on more than one computer at any given time without the Company's prior written permission.
4. The Software may not be redistributed, rented, leased, or in any other manner exploited, commercially or not, without the Company's prior written permission. This License is personal to Customer and Customer agrees not to assign your rights herein.
5. LIMITATION OF WARRANTY. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THIS SOFTWARE OR ABOUT ANY CONTENT OR INFORMATION PLAYED BY THE SOFTWARE, FOR ANY PURPOSE. THE SOFTWARE IS PROVIDED 'AS IS' WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THE COMPANY MAY NOT SUPPORT THIS SOFTWARE AND MAY NOT ISSUE UPDATES TO THIS SOFTWARE.
6. All video, audio, and other content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright law. This License gives Customer no rights to such content, and Company disclaims any liability for misuse of content.
7. The Company reserves the right at any time to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software.
8. Title, ownership rights, and intellectual property rights in and to the Software shall remain in the Company and/or its suppliers. Customer agrees to abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws. Customer acknowledges that the Software remains proprietary and confidential information and intellectual property of the Company and/or its suppliers and therefore Customer agrees not to modify the Software or attempt to decipher, decompile, disassemble or reverse engineer the Software, except to the extent applicable laws specifically prohibit such restriction. Reproduction and/or redistribution of any portion of the Software is specifically prohibited without the Company's prior written permission.
9. The Company may terminate this License at any time by delivering notice to Customer and Customer may terminate this License at any time by destroying or erasing Customer's copy of the Software. Upon termination of this License, or in any event within thirty (30) days following the execution of a commercial license between Customer and the Company for the license of the Software, Customer agree to destroy or erase this evaluation version of Software, unless otherwise provided for in the commercial license. However, in case of termination, Sections 5 through 10 of this Agreement shall indefinitely survive its termination. This License shall be governed by and construed in accordance with the laws of the State of California with exclusive venue in courts located in the San Francisco County, California, and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. This License sets forth the entire agreement between the Company and Customer.
10. DISCLAIMER OF LIABILITY. THE COMPANY OR ITS SUPPLIERS SHALL NOT BE LIABLE FOR (a) DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES OF ANY SORT WHATSOEVER, WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE, (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS, REVENUES, OR INFORMATION, OR FOR BUSINESS INTERRUPTION) RESULTING FROM CUSTOMER'S USE OF THE SOFTWARE OR INABILITY TO USE THE SOFTWARE, EVEN IF THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR (b) FOR ANY CLAIM BY ANY OTHER PARTY THAN CUSTOMER. THIS DISCLAIMER OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY WHERE THE APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO CUSTOMER.
11. HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). The Company and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
12. The Company does not represent or warrant that the Software is free of infringement of any third-party patents. Commercial implementations of MPEG-1 decoders may be subject to royalty fees to patent holders. Many of these patents are general enough such that they are unavoidable regardless of implementation design, and some may apply to software implementations.