BEFORE YOU CLICK ON THE "ACCEPT" BUTTON AT THE END OF THIS DOCUMENT, PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE "ACCEPT" BUTTON, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DECLINE" BUTTON AND DO NOT USE THE SOFTWARE.
1. Software Products. The software that this installer program installs is one or more of the members of VXtreme's Web Theater(tm) family of software products, including Server, Producer, and Client. Of these software products, this Agreement permits you ("Customer") to install and use only those products that Customer properly obtained from VXtreme or from an authorized VXtreme reseller, and only in the authorized quantities.Which software products, and how many copies of each, Customer is authorized to install and use under this Agreement is indicated on a label, invoice, or other documentation associated with the software installed by this installer program. "Software Products" refers to the total collection of software products (including copies) Customer is authorized to install and use under this Agreement.
2. License. VXtreme grants Customer a non-exclusive license to use the object code of each of the Software Products ona single unit of hardware. To the extent the Software Products include Web Theater Server, Customer may use that Serverto simultaneously stream only that number of streams for which Customer obtained authorization from VXtreme or from anauthorized VXtreme reseller.
3. Restrictions. Customer may not copy or distribute the Software Products, except Customer may copy the SoftwareProducts for backup purposes if Customer reproduces all copyright and other proprietary notices that are on the SoftwareProducts. Customer may not copy the written material (the "Documentation") accompanying the Software Products. Customer may not reverse engineer, decompile, or disassemble any of the Software Products. Customer acknowledges that the Software Products, the Documentation and all intellectual property rights therein are owned by VXtreme. Customer may not modify the Software Products. Customer may not sublicense, rent, or lease theSoftware Products or the Documentation. Under no circumstances will Customer be deemed the owner of a copy of the Software Products within the meaning of Section 117 ofthe Copyright Act of 1976 (as amended). Customer may transfer the Software Products, Documentation, and all rights under this Agreement to another party together with a copy of this Agreement if the other party agrees to accept the terms of this Agreement. If Customer transfers the Software Products and Documentation, Customer must at the same time either transfer all copies whether in printed or machine-readable form to the same party or destroy any copies not transferred.
4. Warranty. VXtreme warrants for the period of ninety (90) days from the date of delivery of the Software Products to Customer as evidenced by a copy of Customer's receipt that the storage media containing the Software Products will be free from defects in materials and workmanship. In the event the storage media fails to conform to this warranty, as Customer's sole and exclusive remedy for such failure, VXtreme will, at its option and without charge to Customer, repair or replace the storage media, provided the nonconforming storage media is returned to VXtreme within the 90-day period. THE WARRANTIES IN THIS SECTION ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VXTREME, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS WILL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES.
5. LIMITATION OF LIABILITY. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL VXTREME BE LIABLE TO CUSTOMER FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE PRODUCTS EVEN IF VXTREME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VXTREME'S TOTAL LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE LICENSE FEE PAID BY CUSTOMER.
6. Exportation. Customer acknowledges and agrees that the Software Products and the Documentation are subject to the U. S. Export Administration Act of 1979, as amended (the "Act"), and the regulations thereunder. Customer agrees that neither the Software Products, the Documentation, nor any direct product thereof is being or will be acquired, shipped, transferred or reexported, directly or indirectly, into any country prohibited by the Act and the regulations thereunder or will be used for any purpose prohibited by the same.
7. Government. If Customer is acquiring the Software Products and Documentation on behalf of any part of the United States Government, the following provisions apply. The Software Products are deemed to be "commercial software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software Products and Documentation by the U.S. Government or any of its agencies shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement.
8. General. This Agreement will be governed by the laws of the State of California, except for that body of law dealing with conflicts of law. If any provision of this Agreement is held to be unenforceable, that provision will be removed and the remaining provisions will remain in full force. This Agreement including referenced documents is the complete and exclusive statement of the agreement between VXtreme and Customer which supersedes any proposal or prior agreement, oral or written, and any other communications between VXtreme and Customer in relation to the subject matter of this Agreement.
VXtreme, the VXtreme logo, Web Theater, LiveScreen, Expect Motion, VXpress, and the VXpress logo are trademarks of VXtreme, Inc. Copyright (c) 1996, 1997 VXtreme, Inc. All rights reserved.
