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- STREAMWORKS SERVER SOFTWARE
- LICENSE AGREEMENT
-
- 1. NOTICE. WE ARE WILLING TO LICENSE THE STREAMWORKS SERVER
- SOFTWARE (THE "SOFTWARE") TO YOU ONLY ON THE CONDITION THAT YOU
- ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. PLEASE
- READ THIS LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING THE SOFTWARE.
- BY INSTALLING THE SOFTWARE YOU AGREE TO BE BOUND BY THE TERMS OF THIS
- AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS WE ARE UNWILLING TO
- LICENSE THE SOFTWARE TO YOU, AND YOU MAY NOT USE THE SOFTWARE. IN
- SUCH CASE, PROMPTLY DELETE THE SOFTWARE FROM YOUR STORAGE MEDIA.
-
- 2. Ownership and License. This is a license agreement and NOT an
- agreement for sale. It permits you to use the Software on a single
- computer. The Software is owned by us or our licensors, and is
- protected by U.S. and international copyright laws. Your rights to
- use the Software are specified in this Agreement, and we retain all
- rights not expressly granted to you in this Agreement.
-
- 3. Grant of License. You may use the Software on a single
- computer. You may use the software on a different computer only if
- you first delete the files installed on the first computer. You may
- make one backup copy of the Software which you may install on your
- computer in the event that your primary copy becomes corrupted. Other
- than the foregoing, you may not copy any portion of the Software to
- your computer hard disk or any other media.
-
- 4. Transfer and Other Restrictions. You may not rent, lend, or
- lease this Software. The software may not be reverse engineered,
- decompiled, or disassembled. Reproduction and/or redistribution of
- any portion of the software is specifically prohibited in the absence
- of a separate written agreement with Xing Technology Corporation.
- However, you may transfer this license to use the Software to another
- party on a permanent basis by transferring this copy of the License
- Agreement, and all documentation.
- Such transfer of possession terminates your license from us.
- Such other party shall be licensed under the terms of this Agreement
- upon its acceptance of this Agreement by its initial use of the
- Software. If you transfer the Software, you must remove the
- installation files from your hard disk and you may not retain any
- copies of those files for your own use.
-
- 5. WARRANTY DISCLAIMER. WE DO NOT WARRANT THAT THE SOFTWARE WILL
- MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR
- ERROR-FREE. WE EXCLUDE AND EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED
- WARRANTIES NOT STATED HEREIN, INCLUDING THE IMPLIED WARRANTIES OF
- MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
-
- 6. LIMITATION OF LIABILITY. OUR LIABILITY TO YOU FOR ANY LOSSES
- SHALL BE LIMITED TO DIRECT DAMAGES, AND SHALL NOT EXCEED THE AMOUNT
- YOU ORIGINALLY PAID FOR THE SOFTWARE. IN NO EVENT WILL XING
- TECHNOLOGY CORPORATION, ITS EMPLOYEES, DEALERS AND DISTRIBUTORS BE
- LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
- DAMAGES (INCLUDING LOSS OF PROFITS) EVEN IF WE HAVE BEEN ADVISED OF
- THE POSSIBILITY OF SUCH DAMAGES.
-
- 7. United States Government Restricted Rights. The Software and
- documentation are provided with Restricted Rights. Use, duplication
- or disclosure by the U.S. Government or any agency or instrumentality
- thereof is subject to restrictions as set forth in subdivision
- (c)(1)(ii) of the Rights in Technical Data and Computer Multimedia
- Product clause at 48 C. F.R. 252.227-7013, or in subdivision (c)(1)
- and (2) of the Commercial Computer Multimedia Product -- Restricted
- Rights Clause at 48 C.F.R. 52.227-19, as applicable. Manufacturer is
- Xing Technology Corporation, a California corporation.
-
- 8. Termination. This license and your right to use this Software
- automatically terminate if you fail to comply with any provisions of
- this Agreement, destroy the copy of the Software in your possession,
- or voluntarily return the Software to us. Upon termination you will
- destroy all copy of the Software and documentation.
-
- 9. Miscellaneous Provisions. This Agreement will be governed by
- and construed in accordance with the substantive laws of California.
- No change or modification of this Agreement will be valid unless it
- is in writing, and is signed by us.
-
- If you have any questions about this Agreement, write to us at Xing
- Technology Corporation, 1540 West Branch Street, Arroyo Grande,
- California, 93420 or call us at (805) 473-0145.
-