 WebVideo :: Licence agreement
GRANT OF LICENSE.
Licensor grants to licensee a license to use software product named WebVideo Developer's edition which consists of:
- Win32 C++ application for performer of video here referred as performer software
- Java server for streaming of audio/video/text data here referred as server
- Java Applet to view video from browser here referred as applet
LIMITATION.
The above-described server may be occupied and used by licensee solely on a single server (computer) for purposes of development of own website and for incidental purposes related to such purpose during the life-time period from date of purchase. All other parts of software (performer software and applet) could be used on unlimited number of computers.
SCOPE OF LICENCING.
This License permits the utilization of a copy of the server software on a single computer provided that the server software is used only on a single computer at any time. The utilization of the software means that the software is loaded either into a temporary memory (e.g. RAM) of a computer or into a permanent memory (e.g. CD-Rom, hard disk). If you acquired Multiple Licenses for the software you are allowed to operate at most that number of copies that does correspond to the number of Licenses you acquired.
The Licensee is entitled to do back-up's of the software (and all parts it consists of), especially safety back-up's, if this does correspond to the habitual utilization.
If the Licensee acquired a License Package from the Licensor he is entitled to produce copies of the server software corresponding to the number of Licenses on his own. He has the right to use these copies regarding to this License Agreement.
RESTRICTION OF THE LICENCE.
All written material related to the software is proprietary. It is not allowed to duplicate and distribute any of it.
The right for the utilization of the software can only be transferred to third parties if the Licensor agrees to this in a written form according to this Agreement.
The Licensee is not entitled to forward or to provide access to the software or the related written material to third parties without having a written consent of the Licensor in advance.
The utilization of the server software on several computers despite the lack of Multiple Licenses is prosecuted by civil and penal law.
The Licensee is not entitled to decompile the software, or to disassemble it.
Each part of the software becomes licensed as a single product. The Licensee is not entitled to separate its components of the software for the purpose of utilization on more than one computer.
The Licensee is not entitled to offer the software product on rent or leasing.
LICENCE VIOLATION
The Licensor is entitled to cancel the Agreement immediately effective if the Licensee violates any of the prescriptions of this Agreement.
The Licensor will hold the Licensee responsible for any damages that occur because of a violation of this Agreement through the Licensee.
CHANGES AND UPDATES
The Licensor has the right to create updates of the software but he is not obliged to do so.
The Licensor is entitled to charge an update fee for those updates.
The Licensor is not obliged to distribute updates to Licensees who returned one or more of the former updates or who didn't pay the update fee.
WARANTY AND LEGAL OBLIGATION
The Licensor provides a warranty for the duration of 12 month starting at the time of handing over. This warranty guarantees that the software corresponds by and large to the program description, which is included in the related written material, as far as the manner of operation is concerned. If the Licensee is a consumer according to the civil code the duration of the warranty amounts to 2 years.
The Licensor alludes to the fact that according to the current state of technics it is not possible to produce a software without any defects.
In case of a defect this defect and it's manifestation have to be described in a written notice of defects in a way that is so much detailed, that a revision of the defect (e.g. presentation of the problem report) is possible and that any errors in handling (e.g. indication of the work steps) can be excluded.
In case the notice of defects turns out to be qualified, the Licensee sets a time limit to the Licensor for later fulfilment. The Licensee communicates to the Licensor what kind of later fulfilment - Correction of the delivered object or delivery of a new object without any defects - is desired. The Licensor is entitled though to refuse the later fulfilment if this could only be achieved by causing disproportional high costs and if the other possibility of later fulfilment would not cause any considerable disadvantages for the Licensee. Furthermore the Licensor is allowed to refuse the later fulfilment in general, if it can only be achieved by causing disproportional high costs for you.
For the execution of the later fulfilment the Licensor has 2 attempts for the same defect or a defect which is directly related within the time limit which was set by the Licensee. After the second attempt has failed the Licensee can abdicate from the Agreement or lower the License Fee. The right of abdication and lowering of the fee can be enforced after the first negative attempt if a second attempt is not reasonable to the Licensee within the time limit which was set. In case the later fulfilment was refused according to the terms above the right of abdication and lowering of the fee can be enforced. Abdication because of an irrelevant defect is excluded.
If the user makes a claim on the Licensor because of warranty and it turns out that there either is not a defect or the claimed defect does not oblige the Licensor to take actions, the user has to compensate all the Licensor's effort, if the user intended to harm the service provider on the one hand and on the other if he did so by culpable negligence.
Warranty for the software being suitable for the Licensee's purposes and for the software cooperating with already used software is excluded.
The delivery of manuals and documentations that deal with the software in addition to the related written material/program description, to the implemented user guidance and to the online-help or a briefing are only owed to the Licensee if this was agreed upon in written form. In case such an Agreement exists, there are no exigencies concerning content, language and extent of this manual/documentation. The delivery of a short guidance is sufficient unless the parties have agreed upon further specifications in a written form.
The delivery of an instruction manual in the english language is permissible, if the object of Agreement has not been completely located for the particular market yet. The same is valid, if the object of Agreement in general is only deliverable in the english language.
Transcending this warranty the company is liable during the time period of 1 year after delivery for the software only in case of culpable negligence or intention according to the legal prescriptions. In case of slight negligence the company is only liable if an essential contractual obligation (cardinal obligation) is violated or a case of delay or impossibility is at hand. In case of legal obligation out of slight negligence the obligation is limited to damages that are predictable resp. typical. Any obligation for the absence of the guaranteed appearance, because of fraudulent intent, for damages to persons, for flaws in title, according to the product liability law and the data protection law is not included. In case of making a claim on the company out of obligation any contributory negligence from the user has to be considered in an appropriate way, especially in the case of insufficient problem reports or insufficient data backup. Insufficient data backup is available especially if the user neglected to take measures to prevent external impacts, in this case especially computer viruses and other phenomenons that state a menace for single data or the whole data stock, based on the current status of techics.
ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding on either party except to the extent incorporated in this agreement.
MODIFICATION OF AGREEMENT
Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party.
ASSIGNMENT OF RIGHTS
The rights of each party under this agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.
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