Chip 1998 September/Chip_1998-09_cd.bin/sharewar/mpfree/MPFree04.exe/xaudio.txt

Text File | 1997-07-22 | 7KB | 121 lines

End User License Agreement for the XAUDIO Software Developer's KIT

This License is an evaluation copy of the XAUDIO Software
Developer's Kit (SDK). If you have purchased a commercial license,
the "XAUDIO SOFTWARE LICENSING AGREEMENT" applies.


BEFORE YOU USE THE SOFTWARE DISTRIBUTED WITH THIS LICENSE AGREEMENT,
CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT.  BY USING
THE SOFTWARE, 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, DO NOT USE THE SOFTWARE AND DESTROY ALL COPIES OF THE
SOFTWARE FROM YOUR COMPUTER.

1. The XAUDIO Group, (the "Company") grants you (the "Customer") a worlwide,
non-exclusive, restricted right and license to use the accompanying
XAUDIO SDK libraries and sample code (the "Software"), in binary executable
form for evaluation and trial use purposes only.
The Software is formed of the XAUDIO libraries, sample source code
and its sample GUI player.

2.  The Software is licensed, not sold.  The Software is protected by
copyright law and international copyright treaty provisions, as well as
other intellectual property laws and treaties.  Customer must not allow
copies of the Software or any part of it to be made or distributed to
anyone else.  Customer may make backup copies of the software for
archival purposes only.

3.  The Software is licensed for use on a single computer.  Customer
may delete the Software from one computer and reinstall it on another,
but Customer may not install the Software on more than one computer at
any given time without the Company's prior written permission.

4.  The Software may not be rented, leased, or in any other manner
commercially exploited without the Company's prior written permission.
This License is personal to Customer and Customer agrees not to assign
your rights herein.

5. LIMITATION OF WARRANTY. THE COMPANY MAKES NO REPRESENTATIONS OR
WARRANTIES ABOUT THE SUITABILITY OF THIS SOFTWARE OR ABOUT ANY CONTENT
OR INFORMATION PLAYED BY THE SOFTWARE, FOR ANY PURPOSE.  THE SOFTWARE
IS PROVIDED 'AS IS' WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR
NONINFRINGEMENT. THE COMPANY MAY NOT SUPPORT THIS SOFTWARE AND MAY NOT
ISSUE UPDATES TO THIS SOFTWARE.

6. All video, audio, and other content accessed through the Software is
the property of the applicable content owner and may be protected by
applicable copyright law.  This License gives Customer no rights to
such content, and Company disclaims any liability for misuse of
content.

7. While the Company intends to distribute a commercial release of the
Software, it reserves the right at any time not to release a commercial
release of the Software or, if released, to alter prices, features,
specifications, capabilities, functions, licensing terms, release
dates, general availability or other characteristics of the commercial
release.

8. Title, ownership rights, and intellectual property rights in and to
the Software shall remain in the Company and/or its suppliers.
Customer agrees to abide by the copyright law and all other applicable
laws of the United States including, but not limited to, export control
laws.  Customer acknowledges that the Software remains proprietary and
confidential information and intellectual property of the Company
and/or its suppliers and therefore Customer agrees not to modify the
Software or attempt to decipher, decompile, disassemble or reverse
engineer the Software, except to the extent applicable laws
specifically prohibit such restriction.  Reproduction and/or
redistribution of any portion of the Software is specifically
prohibited without the Company's prior written permission.

9. The Company may terminate this License at any time by delivering
notice to Customer and Customer may terminate this License at any time
by destroying or erasing Customer's copy of the Software.  Upon
termination of this License, or in any event within thirty (30) days
following the execution of a commercial license between Customer and
the Company for the license of the Software, Customer agree to destroy
or erase this evaluation version of Software, unless otherwise provided
for in the commercial license.  However, in case of termination,
Sections 5 through 10 of this Agreement shall indefinitely survive its
termination. This License shall be governed by and construed in
accordance with the laws of the State of California with exclusive
venue in courts located in the San Francisco County, California, and,
as to matters affecting copyrights, trademarks and patents, by U.S.
federal law.  This License sets forth the entire agreement between the
Company and Customer.

10. DISCLAIMER OF LIABILITY. THE COMPANY OR ITS SUPPLIERS SHALL NOT BE
LIABLE FOR (a) DIRECT, 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 CUSTOMER'S USE OF THE SOFTWARE OR INABILITY TO USE
THE SOFTWARE, EVEN IF THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY
OF SUCH DAMAGES, OR (b) FOR ANY CLAIM BY ANY OTHER PARTY THAN CUSTOMER.
THIS DISCLAIMER OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR
PERSONAL INJURY WHERE THE APPLICABLE LAW PROHIBITS SUCH LIMITATION.
FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION
MAY NOT APPLY TO CUSTOMER.

11.  HIGH RISK ACTIVITIES.  The Software is not fault-tolerant and is
not designed, manufactured or intended for use or resale as on-line
control equipment in hazardous environments requiring fail-safe
performance, such as in the operation of nuclear facilities, aircraft
navigation or communication systems, air traffic control, direct life
support machines, or weapons systems, in which the failure of the
Software could lead directly to death, personal injury, or severe
physical or environmental damage ("High Risk Activities"). The Company
and its suppliers specifically disclaim any express or implied warranty
of fitness for High Risk Activities.

12. The Company does not represent or warrant that the Software is free
of infringement of any third-party patents. Commercial implementations
of MPEG-1 and MPEG-2 decoders are subject to royalty fees to patent
holders.  Many of these patents are general enough such that they are
unavoidable regardless of implementation design, and some may apply to
software implementations.