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ActiveVideo Networks, Inc.
SOFTWARE LICENSE AGREEMENT FOR CLOUDTVTM PLAYER
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE CLOUDTVTM PLAYER SOFTWARE OR ANY ACCOMPANYING DOCUMENTATION. BY INSTALLING OR USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE BY SELECTING THE “I AGREE" OR “I ACCEPT” OPTION. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE AND SELECT THE “DO NOT ACCEPT” OPTION AND DO NOT DOWNLOAD OR INSTALL THE SOFTWARE.
1. General. The ActiveVideo Networks software, tools, utilities, sample or example code, documentation, interfaces, content, data, and other materials accompanying this License, whether on disk, print or electronic, in read only memory, or any other media or in any other form, (collectively, the "Software") are licensed, not sold, to you by ActiveVideo Networks, Inc. ("ActiveVideo") for use only under the terms and conditions of this License. ActiveVideo and/or ActiveVideo’s licensors retain ownership of the Software itself and reserve all rights not expressly granted to you. The terms of this License will govern any software upgrades provided by ActiveVideo that replace and/or supplement the original Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
2. Prerequisite Rights. The Software is designed to emulate an end-user environment for interacting with ActiveVideo’s CloudTVTM digital content delivery platform (the “CloudTV Platform”). You must be separately authorized to access and use the CloudTV Platform in the manner required for your use of this Software. In addition, use of this Software may involve the reproduction, transmission, modification, display and performance of the digital content with which it is used. You may use this Software only in conjunction with content that you own or that you are legally authorized to reproduce, modify, publish, distribute, display, and perform. If you are uncertain about the sufficiency of your rights with respect to any content, you should consult with your legal advisor. You represent that you have obtained all prerequisite rights as described above.
2. Permitted License Uses and Restrictions.
A. Software. Subject to the terms and conditions of this License, you are granted a limited, non-exclusive license to use the Software to develop and test applications and code that operate on the CloudTV Platform. You may make only as many internal use copies of the Software as reasonably necessary to use the Software as permitted under this License and distribute such copies only to your employees whose job duties require them to so use the Software; provided that you reproduce on each copy of the Software or portion thereof, all copyright or other proprietary notices contained on the original.
B. Sample Code. Certain portions of the Software may consist of sample or example code provided by ActiveVideo, or ActiveVideo may separately provide such code to you ("Sample Code"). Your use, reproduction, modification, and redistribution of such Sample Code will be subject to any additional licensing terms accompanying such Sample Code or related materials.
C. Additional Services. From time to time, ActiveVideo may provide access to services by or through the Software for use in connection with the Software or your applications designed to operate on the CloudTV Platform. Some of these additional services may be subject to separate terms and conditions that ActiveVideo will make available to you in addition to this License. If you elect to use such services, your usage of such services will be subject to those separate terms and conditions. In addition, any such services may not be available in all languages or in all countries. ActiveVideo makes no representation that any such services would be appropriate or available for use in any particular location or that such services would continue to be available. To the extent you choose to access any such services, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. ActiveVideo reserves the right to change, suspend, remove, or disable access to any services at any time. In no event will ActiveVideo be liable for the removal of or disabling of access to any such services.
D. Open-Sourced Components. The Software may contain or be accompanied by certain components or programs that are licensed under the Lesser GNU Public License (LGPL) or other open-source licensing terms, as indicated on ActiveVideo’s developer website (http://developer.activevideo.com/) or in the materials delivered with the Software (such components or programs, collectively, the "Open-Sourced Components"). Your reproduction, modification, redistribution, and other use of the Open-Sourced Components shall be subject to and must comply with the terms and conditions set forth in the applicable open-source license. Should you choose to modify or replace any Open-Sourced Components, you agree that you do so at your sole risk. The terms and conditions of this License shall not apply to the Open-Sourced Components to the extent such terms and conditions would diminish your rights or obligations under, or otherwise conflict with, any terms of the corresponding open-source license(s).
E. Other Restrictions. You may not and you agree not to, or to enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Software or any services provided by the Software, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of Open-Sourced Components). You agree to use the Software and any related services (as described in Section 2.C. above) in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Software and services. You may not rent, lease, lend, sell, host, redistribute, or sublicense the Software or any component thereof (subject to Section 2.D. above in the case of Open-Sourced Components).
3. Termination. This License is effective until terminated. Your rights under this License will terminate automatically or cease to be effective without notice from ActiveVideo if you fail to comply with any term(s) of this License. In addition, ActiveVideo reserves the right to terminate this License if a new version of the CloudTV Platform or the Software is released which is incompatible with this version of the Software. Upon the termination of this License, you shall cease all use of the Software and destroy all copies, full or partial, of the Software. Sections 4 through 13 of this License shall survive any termination.
4. Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ACTIVEVIDEO AND ACTIVEVIDEO'S LICENSORS (COLLECTIVELY REFERRED TO AS "ACTIVEVIDEO" FOR THE PURPOSES OF SECTIONS 4 AND 5) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ACTIVEVIDEO DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE AND SERVICES, THAT THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT THE SOFTWARE OR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ACTIVEVIDEO OR AN ACTIVEVIDEO AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY IN RELATION TO THE SOFTWARE.
5. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL ACTIVEVIDEO BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, OR FOR ANY DAMAGES FOR LOSS OF PROFITS OR BUSINESS, CORRUPTION OR LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SOFTWARE AND SERVICES OR ANY THIRD PARTY SOFTWARE, APPLICATIONS, OR SERVICES IN CONJUNCTION WITH THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF ACTIVEVIDEO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall ActiveVideo’s total liability to you for all damages exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
6. Indemnification. You agree to indemnify, defend, and hold ActiveVideo harmless from any and all claims, damages, losses, liabilities, actions, judgments, costs and expenses (including reasonable attorneys’ fees) brought by a third party arising out of or in connection with: (a) your breach or alleged breach of any of the terms, conditions, restrictions, obligations or representations under this License; or (b) any application or content that you develop or furnish for use with the Software.
7. Export Control. You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction(s) in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
8. Government End Users. The Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
9. Assignment. You may not assign or otherwise transfer this License, or any of the rights granted hereunder, to any third party without ActiveVideo’s prior written consent. Any attempted assignment or other transfer in violation of the foregoing shall be void and without effect. ActiveVideo may assign this License to any successor of ActiveVideo’s business or of ActiveVideo’s rights in the Software.
10. Equitable Relief. You acknowledge that your breach of any license restrictions or limitations set forth in this License may cause ActiveVideo irreparable damage, for which the award of damages may not be adequate compensation. Consequently, and without limiting any of its other available remedies, ActiveVideo shall be entitled to equitable relief enjoining any breach or threatened breach of those provisions.
11. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
12. Complete Agreement; Governing Language. This License constitutes the entire agreement between you and ActiveVideo relating to the use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by ActiveVideo. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.
13. Third Party Acknowledgements.
Portions of the Software utilize code of FFmpeg (http://ffmpeg.org) licensed under the LGPLv2.1 (http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html) and its source can be downloaded from the ActiveVideo Developer Community website (http://developer.activevideo.com/tools). The LGPL software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.
IF YOU AGREE TO THE FOREGOING TERMS AND CONDITIONS AND DESIRE TO INSTALL AND USE THE SOFTWARE, PLEASE SELECT THE "I ACCEPT" OR “I AGREE” OPTION BELOW. OTHERWISE, PLEASE SELECT THE "I DO NOT ACCEPT" OPTION AND THE INSTALLATION PROCESS WILL STOP, OR RETURN TO THE PREVIOUS PAGE AND DO NOT DOWNLOAD THE SOFTWARE.
U.S. Patents listed at http://www.activevideo.com/patents