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End User License Agreement
END-USER LICENSE AGREEMENT FOR MediaSuite IMPORTANT, READ CAREFULLY: This Streamcoders End-User License Agreement ("EULA") is a legal agreement between you, a developer of software applications, ("Developer End User") and Streamcoders for all Streamcoders products, controls, source code, demos, intermediate files, media, printed materials, and "online" or electronic documentation contained in this installation file. Streamcoders grants to you as an individual, a personal, nonexclusive license to install and use MediaSuite for the sole purposes of designing, developing, testing, and deploying application programs which you create. By installing, copying, or otherwise using MediaSuite, you agree to be bound by the terms of this EULA. If you do not agree to any part of the terms of this EULA, DO NOT INSTALL, USE, EVALUATE, OR REPLICATE IN ANY MANNER, ANY PART, FILE OR PORTION OF MediaSuite. All MediaSuite is licensed, not sold. If you are an individual, you must acquire an individual license for MediaSuite from Streamcoders or its authorized resellers. If you are an entity, you must acquire an individual license for each Developer End User within your organization from Streamcoders or its authorized resellers. If the MediaSuite package you have obtained is marked as a "TRIAL", you may install one copy of MediaSuite for testing purposes for a period of 30 calendar days from the date of installation ("Evaluation Period"). Upon expiration of the Evaluation Period, MediaSuite must be uninstalled and all copies destroyed. RIGOROUS ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS. If the licensed right of use for this MediaSuite is purchased by you with any intent to reverse engineer, decompile, create derivative works, and the exploitation or unauthorized transfer of, any Streamcoders intellectual property and trade secrets, to include any exposed methods or source code where provided, no licensed right of use shall exist, and any PRODUCT(s) created as a result shall be judged illegal by definition of all applicable law. Any sale or resale of intellectual property or created derivatives so obtained will be prosecuted to the fullest extent of all local, federal and international law. 1. GRANT OF LICENSE. This EULA, if legally executed as defined herein, licenses and so grants the single individual Developer End User the following rights: MediaSuite - Developer End User may install and use MediaSuite on a single computer. 2. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, create derivative works, translate, or disassemble MediaSuite, and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You agree to take all reasonable, legal and appropriate measures to prohibit the illegal dissemination of MediaSuite or any of its constituent parts and redistributables to the fullest extent of all applicable local, US Codes and International Laws and Treaties regarding anti-circumvention, including but not limited to, the Geneva and Berne World Intellectual Property Organization (WIPO) Diplomatic Conferences. 3. SEPARATION OF COMPONENTS. MediaSuite is licensed as a single PRODUCT. MediaSuite and its constituent parts and any provided redistributables may not be reverse engineered, decompiled, disassembled or separated for use on more than one computer, nor placed for distribution, sale, or resale as individual creations by Developer End User. The provision of source code, if included with the MediaSuite, does not constitute transfer of any legal rights to such code, and resale or distribution of all or any portion of all source code and intellectual property will be prosecuted to the fullest extent of all applicable local, federal and international laws. All Streamcoders libraries, source code, redistributables and other files remain Streamcoders's exclusive property. You may not distribute any files, except those that Streamcoders has expressly designated as Redistributable. 4. RENTAL. You may not rent, lease, or lend MediaSuite. 5. TRANSFER. You may NOT permanently or temporarily transfer ANY of your rights under this EULA to any individual or entity without prior written approval from Streamcoders. Regardless of any modifications which you make and regardless of how you might compile, link, and/or package your programs, under no circumstances may the libraries, Redistributables, and/or other files of the MediaSuite (including any portions thereof) be used for developing programs by anyone other than you. Only you as the licensed Developer End User have the right to use the libraries, redistributables, or other files of the MediaSuite (or any portions thereof) for developing programs created with MediaSuite. In particular, you may not share copies of the Redistributables with other co-developers. You may not reproduce or distribute any Streamcoders documentation without Streamcoders's explicit permission. 6. ROYALTY FREE REDISTRIBUTION. AT NO TIME MAY DEVELOPER END USER CREATE ANY TOOL, REDISTRIBUTABLE, OR MediaSuite THAT DIRECTLY OR INDIRECTLY COMPETES WITH Streamcoders MediaSuite WHICH UTILIZES ALL OR ANY PORTION OF MediaSuite contained within this installation. Distribution by the Developer End User of any design-time tools, executables, and source code distributed to Developer End User by Streamcoders as part of this MediaSuite and not explicitly identified as a redistributable file is strictly prohibited. The Developer End User shall not develop software applications that provide an application programming interface to the MediaSuite or MediaSuite as modified. The Developer End User may NOT distribute MediaSuite, in any format, to other users for development or application compilation purposes. Specifically, if Developer End User creates a control using MediaSuite as a constituent control, Developer End User may NOT distribute the control created with MediaSuite (in any format) to users to be used used at design time and or for ANY development purposes. Developer End User MAY NOT REDISTRIBUTE any MediaSuite files if using an evaluation, trial, Not for Resale, or demo version of MediaSuite. 7. UPGRADES. If MediaSuite is labeled as an upgrade, you must be properly licensed to use MediaSuite identified by Streamcoders as being eligible for the upgrade in order to use MediaSuite. A MediaSuite labeled as an upgrade replaces and/or supplements MediaSuite that formed the basis for your eligibility for the upgrade, and together constitutes a single PRODUCT(S). You may use the resulting upgraded PRODUCT(S) only in accordance with all the terms of this EULA. 8. COPYRIGHT. All title and copyrights in and to MediaSuite (including but not limited to any copywritten images, demos, source code, intermediate files, packages, photographs, redistributables, animations, video, audio, music, text, and "applets" incorporated into MediaSuite the accompanying printed materials, and any copies of MediaSuite) are owned by Streamcoders or its subsidiaries. MediaSuite is protected by copyright laws and international treaty provisions and therefore, you must treat MediaSuite like any other copyrighted material except that you may install the MediaSuite as described in this EULA. 9. EXPORT RESTRICTIONS. Streamcoders expressly complies with all export restrictions imposed by the government of the United States of America and European Union. You, as Developer End User, must agree not to export or re-export the MediaSuite within any created application to any country, person, entity or end user subject to U.S. or E.U. export restrictions. Restricted countries currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria. You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges. 10. DISCLAIMER OF WARRANTY. Streamcoders expressly disclaims any warranty for MediaSuite. THE MediaSuite AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Streamcoders DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MediaSuite IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF MediaSuite REMAINS WITH YOU. No oral or written information or advice given by Streamcoders or its employees shall create a warranty or in any way increase the scope of this warranty. 11. LIMITATIONS ON LIABILITY. To the maximum extent permitted by applicable law, in no event shall Streamcoders be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use MediaSuite or the provision of or failure to provide Support Services, even if Streamcoders has been advised of the possibility of such damages. Developer End User understands that MediaSuite may produce inaccurate results because of a failure or fault within MediaSuite or failure by Developer End User to properly use and or deploy MediaSuite. Developer End User assumes full and sole responsibility for any use of MediaSuite, and bears the entire risk for failures or faults within MediaSuite. You agree that regardless of the cause of failure or fault or the form of any claim, YOUR SOLE REMEDY AND Streamcoders'S SOLE OBLIGATION SHALL BE GOVERNED BY THIS AGREEMENT AND IN NO EVENT SHALL Streamcoders'S LIABILITY EXCEED THE PRICE PAID TO Streamcoders FOR MediaSuite. This Limited Warranty is void if failure of MediaSuite has resulted from accident, abuse, alteration, unauthorized use or misapplication of MediaSuite. 12. INDEMNIFICATION. You hereby agree to indemnify Streamcoders and its officers, directors, employees, agents, and representatives from each and every demand, claim, loss, liability, or damage of any kind, including actual attorneys fees, whether in tort or contract, that it or any of them may incur by reason of, or arising out of, any claim which is made by any third party with respect to any breach or violation of this Agreement by you or any claims based on the Applications and MediaSuite included herein. 13. SUPPORT SERVICES. Streamcoders may provide you with support services related to MediaSuite ("Support Services"). Use of Support Services is governed by Streamcoders policies and programs described in the user manual, in "on line" documentation and/or other Streamcoders provided materials. Any supplemental MediaSuite provided to you as part of the Support Services shall be considered part of the MediaSuite and subject to the terms and conditions of this EULA. With respect to technical information you provide to Streamcoders as part of the Support Services, Streamcoders may use such information for its business purposes, including for MediaSuite support and development. Streamcoders will not utilize such technical information in a form that personally identifies you. 14. TERMINATION. Without prejudice to any other rights or remedies, Streamcoders will terminate this EULA upon your failure to comply with all the terms and conditions of this EULA. In such events, you must destroy all copies of MediaSuite and all of its component parts including any related documentation, and must remove ANY and ALL use of such technology immediately from any applications using technology contained in MediaSuite developed by you, whether in native, altered or compiled state. Streamcoders reserves all rights not specifically granted in this EULA. ACKNOWLEDGEMENTS. Developer End User acknowledges that he or she has read this Agreement, understands it, and agrees to be bound by its terms and conditions.
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