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AMENDED FROM TIME
TO
TIME AND
AVAILABLE AT FLUENDO'S WEBSITE (THE
'iLiCENSE AGREEMENT"), TOGETHER WITH
FLUENDO'S SOFTWARE TERMS OF
SERVICE, GOVERNS THE DOWNLOADING,
INSTALLATION AND/OR USE OF ANY
FLUENDO'S PROPRIETARY SOFTWARE,
INCLUDING ANY COMPONENTS, COPIES,
UPDATES, ENHANCEMENTS, UPGRADES
OR
SUBSEQUENT VERSIONS THEREOF THAT
MAY
BE
RELEASED
BY
FLUENDO
(COLLECTIVELY, THE "SOFTWARE") AND
ANY ACCOMPANYING MANUALS, HELP
FILES AND DOCUMENTATION (THE
"DOCUMENTATION"), UNLESS OTHERWISE
STATED LOCALLY. PLEASE READ THE
TERMS AND CONDITIONS OF THIS LICENSE
AGREEMENT
AS
BY DOWNLOADING, USING
AND/OR INSTALLING THE SOFTWARE YOU
(THE "LICENSEE") CONSENT AND AGREE
TO
BE
BOUND
BY
ALL OF THE TERMS AND
CONDITIONS OF THIS LICENSE
AGREEMENT. YOU MAY DOWNLOAD,
INSTALL AND/OR USE THE SOFTWARE
SUBJECT TO THOSE TERMS AND
CONDITIONS AND TO ANY APPLICABLE
LAW,
BEING SOLELY LIABLE
FOR
ANY
BREACH THEREOF.
IF
YOU DO NOT AGREE
TO
THIS LICENSE AGREEMENT, FLUENDO
DOES NOT GRANT ANY LICENSE
TO
YOU
FOR
THE SOFTWARE AND YOU MAY NOT
DOWNLOAD, INSTALL
OR
USE
THE
SOFTWARE.
BY
DOWNLOADING THIS SOFTWARE YOU
ALSO CERTIFY UNDER YOUR OWN
RESPONSIBILITY THAT YOU
ARE
OF LEGAL
AGE TO ENTER INTO BINDING
AGREEMENTS,
IN
MOST COUNTRIES THIS
MEANS THAT YOU ARE AGED
18
OR
ABOVE.
THIS LICENSE AGREEMENT SHALL
BE
APPLICABLE TO THE SOFTWARE FLUENDO
DVD SOFTWARE CONSIDERED
AS
A WHOLE
AND,
IN
PARTICULAR BUT WITHOUT
LIMITATION, TO ANY FILE INCLUDED
THEREIN WHEN FORMING PART OF THIS
VERSION, AND TO ANY UPDATE,
ENHANCEMENT
OR
FIX
INCORPORATED
IN
THE
PROGRAM.
DEFINITIONS
1.
"Final product" means asoftware or
hardware
product
in
a final form of
32
manufacturing intended for distribution to
end users and
in
object
code
form and that
can play back content, including
downloaded or streamed content.
2.
"Fluendo" means Fluendo SA, whose
address
is
at the end of this document,
in
person of its at-the-time legal
representative.
3.
"You" means the individual who downloads
the Software or,
if
the download is on
behalf of a legal entity, means the legal
entity on behalf of wh ich the software
is
downloaded,
in
which case the down
loader represents and warrants that he/she
has the sufficient powers to
act
on behalf of
the represented party.
GRANT OF LICENSE AND RESTRICTIONS
1. Subject to the Licensee's
acceptance
and
continued compliance with this License
Agreement and with Fluendo's Software Terms
of Service as provided to the Licensee from
time to time, Fluendo hereby grants the
Licensee a non-exclusive, non-transferable
limited license to install, use or otherwise
benefit from the functionality of the Software
in
the manner and for the purposes described
in
the Documentation,
on
a per end user basis,
as agreed
in
Fluendo's Software Terms of
Service.
2.
Except as expressly authorized by Fluendo
in
writing,
it
is
forbidden to:
(i) use this software
in
other ways than
allowed by this contract.
(ii) tamper or interfere with the functionality,
delivery or operation of the Software while
using or installing
it;
(iii) sell, resell, rent, lease, distribute,
transfer, assign, sub-license or otherwise
deal with the Software, its components, the
Documentation or any of the rights granted
under this License Agreement;
(iv) duplicate, reproduce or
copy
(except
for reasonable
backup
purposes) the
Software or the Documentation; or
(v) export or re-export the Software,
directly or indirectly, into any country
prohibited by law.
(vi) use this software
in
the operation of
Nuclear facilities,
in
aircraft navigation,
in
aircraft communication,
in
aircraft flight
control,
in
aircraft traffic control systems or
in
other devices or systems
in
which