End-User License Agreement
Xing Technology Corporation

This License Agreement (this "Agreement") is a legal agreement between you and Xing Technology Corporation, a California corporation ("Xing") for the accompanying software, associated media, printed materials, audiovisual content, and "online" or electronic documentation (collectively, the "Product"). By installing or using the Product, you agree to be bound by the terms of this Agreement. If you do not agree to all of the terms of this agreement, de-install all copies of the Product from your computer and return all Product materials to your distributor or Xing for a refund of any license fees paid.

LICENSE:

  1. The Product is licensed, not sold. The Product is protected by copyright law and international copyright treaty provisions, as well as other intellectual property laws and treaties. You must not allow copies of the Product or any part of it to be made or distributed to anyone else. You may make backup copies of the software for archival purposes only.
  2. Xing grants to you a non-exclusive, non-sublicensable license to use the Product for your own use only.
  3. The Product is licensed for use on a single session of a single computer. If your computer is capable of running more than one simultaneous session, you may not use the Product on more than one session at a time. You may delete the Product from one computer and reinstall it on another, but you may not install the Product on more than one computer at any given time. If you wish to install the Product on more than one computer or use the Product for more than one session on a particular computer, you must purchase separate copies of the Product for each such computer or session.
  4. The MP3 Product is licensed for personal use only and may not be used for any commercial purpose. If you intend to distribute content for commercial use, purchase Xing's full-featured MPEG Encoder.
  5. The Product may not be rented, leased, or in any other manner commercially exploited without prior written permission of Xing. However, you may transfer this license to use the Product to another party (the "Transferee") on a permanent basis by transferring all parts of the Product to the Transferee. Such transfer of possession terminates your license from Xing. The Transferee will be licensed under the terms of this Agreement upon the Transferee's acceptance of this Agreement by its initial use of the Product. Upon notification to Xing of the transfer, the Transferee will receive customer support on the same terms you did at the time of the transfer, and the Transferee will receive no support if for any reason you were ineligible for support. If you transfer the Product, you must remove all parts of it, along with any installation devices, from your computer, and you may not retain any parts or copies for your own use.
  6. The Product in source code form is confidential and Xing's protected trade secret, and you may not attempt to reverse engineer, decompile, disassemble or otherwise decipher any portion of the Product. Reproduction and/or redistribution of any portion of the Product is specifically prohibited in the absence of a separate written agreement with Xing.
  7. If audiovisual content contained in or bundled with the Product (the "Content") contains its own license agreement, that agreement controls use of the Content. Otherwise, use of the Content is controlled by this Agreement. You may not modify, copy, or distribute the Content except to the extent this Agreement allows modification, copying, or distribution of the Product. You may not use the Content except in conjunction with personal testing or demonstration of the Product. The Content must at all times remain with the Product in its original form.
  8. All video, audio, and other content accessed through the Product is the property of the applicable content owner and may be protected by applicable copyright law. This Agreement gives you no rights to such content.
  9. If you use the Product to create or distribute audio, video, or other content, Xing is not responsible for such content, and you are solely responsible, for the property rights, legality, and regulation of all such content, including but not limited to issues of copyright ownership and obscenity regulation worldwide.
  10. Xing retains all ownership and intellectual property rights in and to the Product. You agree to abide by the copyright law and all other applicable laws of the United States, including those relating to United States export controls. You agree not to ship or re-export any portion of the Product to any destination to which it could not lawfully have been exported originally under those export controls.
  11. Xing may terminate this Agreement at any time by delivering notice to you, and you may terminate this Agreement at any time by removing all copies of the Product from your computer and destroying all Product materials. However, Sections 4 through 12 of this Agreement shall indefinitely survive its termination. This Agreement is personal to you and you agree not to assign your rights under it. This Agreement shall be governed by and construed in accordance with the laws of the State of California and by U.S. federal law relating to intellectual property in general, and to copyrights, patents, and trademarks in particular. You agree to submit all disputes to the exclusive jurisdiction of courts or tribunals located within the territorial boundaries of the U.S.
  12. The Product is covered solely by the accompanying Xing Limited Warranty. THE PRODUCT IS PROVIDED WITHOUT ANY OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
  13. XING SHALL NOT BE LIABLE: (A) FOR 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 YOUR USE OF THE PRODUCT OR YOUR INABILITY TO USE THE PRODUCT, EVEN IF XING HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) FOR ANY CLAIM BY ANY PARTY OTHER THAN YOU. IN NO EVENT SHALL XING'S LIABILITY TO YOU EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR THE PRODUCT. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
  14. The Product is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government or any of its agencies or instrumentalities is subject to the restrictions set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or in subdivision (c)(1) and (c)(2) of the Commercial Computer Software -- Restricted Rights clause at 48 CFR 52.227-19, as applicable. Manufacturer/contractor is Xing Technology Corporation, 2925 McMillan, San Luis Obispo, CA 93401.

"Xing" and "StreamWorks" are registered trademarks, "SmartFAQ" is a service mark, and "XingMPEG", "MPEGLive!",
"MPEG2Live!", "MP3Live!", "XingMP3", "StreamWorks MP3 Server", "XingDVD", "AudioCatalyst", "XingMP3 Player",
"XingMP3 Editor", and all logo and graphic designs are trademarks of Xing Technology Corporation.

MPEG Layer-3 audio compression technology licensed by Fraunhofer IIS and THOMSON multimedia.

Music CD-related data is provided through the Internet from the EscientÆ CDDB™ Music CD Database. Copyright© 1998 Escient LLC. All rights reserved. Escient is a registered trademark of Escient LLC. CDDB™ , the Escient CDDB Logo, and the CDDB Server Access Sound are trademarks of Escient LLC.

Other product and company names appearing in Xing Technology Corporation products and materials are used for identification purposes only and may be trademarks or registered trademarks of their respective companies. Registered and unregistered trademarks used in any Xing Technology Corporation products and materials are the exclusive property of their respective owners.

Copyright (c) 1994-99 Xing Technology Corporation. All rights reserved.