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- End User License Agreement
- from 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 and associated
- media, printed materials, and on-line 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 destroy all
- Product materials.
-
- 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 computer. 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 without Xing‚s prior written permission.
-
- 4. The Product may not be rented, leased, or in any other manner
- commercially exploited without Xing‚s prior written permission.
- However, you may transfer this license to use the Product to
- another party on a permanent basis by transferring all parts of
- the Product to such party. Such transfer of possession terminates
- your license from Xing. Such other party shall be licensed under
- the terms of this Agreement upon its acceptance of this Agreement
- by its initial use of the Product. 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.
-
- 5. The Product in source code form is Xing‚s confidential and
- protected trade secret, and you may not attempt to reverse
- engineer, decompile, disassemble or otherwise decipher the
- software. Reproduction and/or redistribution of any portion of
- the Product is specifically prohibited without Xing‚s prior
- written permission.
-
- 6. 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.
-
- 7. 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 export controls.
-
- 8. 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 10
- 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.
-
- 9. 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.
-
- 10. 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.
-
- 11. 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
- subdivisions (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, 810 Fiero Lane, San Luis Obispo, CA 93401.
-
- "StreamWorks Server," "StreamWorks Transmitter," "StreamWorks
- Player," "XingMPEG Encoder," "XingMPEG Player," "StreamWorks,"
- "XingMPEG," "Xing," and their associated logos are trademarks of
- Xing Technology Corporation.
-
- Other product and company names appearing in Xing 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) 1994-96 Xing Technology Corporation. All rights
- reserved.
-
-
-