BEFORE YOU CLICK ON THE "OK" BUTTON AT THE BOTTOM OF THIS WINDOW, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE "OK" BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "Cancel" BUTTON AND DO NOT INSTALL THE SOFTWARE.
The VDOLive Tools Software and Documentation, (hereinafter "the Software") of VDOnet Corporation Ltd. ("VDOnet"), are subject to the following license agreement. By installing the Software, you hereby accept these terms and conditions:
1. The Software is protected by copyright laws of the United States and international copyright treaty provisions. The Software, or any portion thereof, may not be reproduced, rented, leased or in any other manner redistributed without the prior written consent of VDOnet . Without limiting the generality of the foregoing, you may not use the Software or any embodiment thereof for providing video related services to others, such as capture, compression or hosting, nor may you use the software for broadcasting, multicasting, or for usage of streams in addition to the streams expressly licensed to you pursuant to this Agreement. You may make backup copies for archival purposes only. All printed materials are also protected by copyright law and may not be copied, distributed, or reproduced in whole or in part without the prior written consent of VDOnet .
2. The Software is licensed for use on a single computer. You may delete the Software from one computer and reinstall it on another, but you may not install the Software on more than one computer at any given time without prior written permission of VDOnet .
3. You acknowledge that the Software in source code form remains a confidential trade secret of VDOnet and therefore you agree not to modify the Software or any embodiment thereof or attempt to decipher, decompile, disassemble or reverse engineer the Software or any embodiment thereof, except to the extent applicable laws specifically prohibit such restriction. You may not (i) permit other individuals to use the Software except under the terms of this Agreement, (ii) modify, translate or create derivative works based on the Software, or (iii) remove any proprietary notices or labels on the Software.
4. Title, ownership rights, and intellectual property rights in and to the Software shall remain in VDOnet and/or its suppliers. Title, ownership rights, and intellectual property rights in and to the content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright or other law. This License gives you no rights to such content.
5. You may not download and install or otherwise export or reexport the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. In particular, but without limitation, none of the Software or underlying information or technology may be downloaded and installed or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, or Syria or (ii) to anyone on the US Treasury Department's List of Specially Designated Nationals or the US Commerce Department's Table of Denial Orders. By downloading and installing the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under control of, or a national or resident of any such country or on any such list.
6. THE SOFTWARE IS LICENSED TO YOU "AS IS". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VDONET EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NONINFRINGEMENT, AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. IF APPLICABLE LAW IMPLIES ANY WARRANTIES OR CONDITIONS WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES OR CONDITIONS ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.
VDONET DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, VDONET DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT VDONET, ITS DISTRIBUTORS, DEALERS OR EMPLOYEES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
7. WHILE EFFORTS ARE MADE TO ENSURE THAT THE SOFTWARE AND ITS DOCUMENTATION ARE FREE FROM DEFECT, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL VDONET OR ITS DISTRIBUTORS, DEALERS OR EMPLOYEES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFIT OR GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES OCCASIONED BY THE USE OF THE SOFTWARE. IN NO EVENT WILL VDONET BE LIABLE FOR ANY DAMAGES IN EXCESS OF VDONET'S LIST PRICE FOR A LICENSE TO THE SOFTWARE, EVEN IF VDONET SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
8. If you are a unit or agency of the United States Government or are acquiring the Software for any such unit or agency, the following apply:
(a) If the unit or agency is the Department of Defense ("DOD"), the Software and Documentation are classified as "commercial computer software" and "commercial computer software documentation", respectively, and, pursuant to DFAR Section 227.7202, the Government is acquiring the Software and Documentation in accordance with the terms of this Agreement.
(b) If the unit or agency is other than DOD, the Software and Documentation are classified as "commercial computer software" and "commercial computer software documentation", respectively, and pursuant to FAR Section 12.212, the Government is acquiring the Software and Documentation in accordance with the terms of this Agreement.
9. This Agreement shall remain in effect until its termination in accordance with this Section 9. You may terminate this Agreement at any time by destroying the Software and all backup copies thereof. This Agreement will terminate immediately without notice from VDOnet if you fail to comply with any provision of this Agreement. Upon termination you must destroy the Software and all backup copies thereof.
10. You shall comply with all laws and regulations applicable to your activities under this Agreement, including but not limited to, all Department of Commerce and other United States export controls. This Agreement constitutes the entire agreement between the parties and supersedes any other communications or advertising with respect to the Software. Notwithstanding the foregoing, to the extent that any court, tribunal, or other governmental authority of competent jurisdiction determines that any terms of this Agreement are in conflict with the terms of any statute, treaty, or regulation, the conflicting terms of this Agreement shall be superseded only to the extent necessary by the terms required by such law, statute, treaty, or regulation. If any provision of this Agreement shall be otherwise unlawful, void, or for any reason unenforceable, then that provision shall be enforced to the maximum extent permitted so as to effect the parties' intent. In either case, the remaining provisions of this Agreement shall remain in full force and effect. This Agreement is governed by the laws of the State of California, U.S.A., excluding conflict of laws provisions and the 1980 United Nations Convention on Contracts for the International Sale of Goods. VDOnet's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision.
VDOnet Corporation Ltd.
Copyright 1996
All Rights Reserved.
VDOLive is a trademark of VDOnet Corporation Ltd.
Other product and company names appearing in VDOnet's products and materials are used for identification purposes only and may be trademarks or registered trademarks of their respective owners. Registered and unregistered trademarks used in any VDOnet products and materials are the exclusive property of their respective owners.
VDOnet Corporation Ltd. 2 Levi Eshkol Street Ra'anana, Israel 43703
