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Click Wrap License Agreement (“Agreement”)
IMPORTANT - READ CAREFULLY BEFORE CLICKING THE “I ACCEPT” BUTTON BELOW.
BY CLICKING THE “I ACCEPT” BUTTON BELOW, YOU (EITHER AN INDIVIDUAL OR A LEGAL ENTITY) ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK THE “I ACCEPT” BUTTON BELOW.
THIS IS A LICENSE AND NOT A SALE. THIS SOFTWARE (“SOFTWARE”) IS PROVIDED UNDER THE FOLLOWING LICENSE TERMS AND CONDITIONS WHICH DEFINE WHAT YOU CAN AND CANNOT DO WITH THE SOFTWARE, AS WELL AS CONDITIONS AND LIMITATIONS ON WARRANTIES AND REMEDIES.
1. DEFINITIONS. “Documents” as used in this Agreement, means product descriptions, program descriptions, users’ manuals, technical manuals, and any other writings related to Software.
2. PURPOSE OF THE AGREEMENT. This Agreement is intended to define the rights and duties of YOU with respect to its internal evaluation and demonstration of Software.
3. OWNERSHIP. NexStreaming Corp. (“NexStreaming”) is the owner of or has the right to use Software, all copies of Software and all intellectual property rights in Software, including, but not limited to patent rights, trade secret rights, copyrights, and trademarks relating thereto.
4. GRANT OF LICENSE. Subject to the terms of this Agreement, NexStreaming hereby grants to YOU a non-exclusive and non-transferable license (without right of sublicense) to use Software and Documents for its internal evaluation and demonstration to its potential customers only. YOU may make a reasonable number of copies, but no more than 5 copies, of Software and Documents, for its internal use only, provided any copy must contain all of the original proprietary notices or legends which appear on the original.
5. LICENSE RESTRICTIONS. YOU agree to the following:
(a) YOU shall maintain as confidential and shall NOT use, publish or disclose Software or Documents, except as expressly permitted by this Agreement.
(b) YOU shall NOT remove any copyright notices, confidentiality notices, proprietary markings, notices, labels, trademarks or trade names of NexStreaming or an entity designated by NexStreaming from Software or any Documents.
(c) YOU shall NOT: (i) permit or assist a third party to use Software; (ii) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) Software or Documents or create derivative works based upon Software or Documents, or permit or assist a third party to do so; (iii) redistribute Software and Documents unless YOU has separately entered into an express, written distribution agreement with NexStreaming permitting it to do so; or (iv) rent, lease, transfer, or otherwise transfer Software or Documents or rights therein.
(d) YOU shall only use Software and Documents in a manner that complies with all applicable laws in the jurisdictions in which YOU use Software and Documents, including but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
(e) YOU shall NOT use Software in an attempt to, or in conjunction with, any device, program or service designed to circumvent technological measures employed to control access to, use, or the rights in, a content file or other work protected by the intellectual property related laws of any jurisdiction.
6. WARRANTY AND WARRANTY DISCLAIMER. THE SOFTWARE IS LICENSED TO YOU ON AN “AS IS” BASIS. NEXSTREAMING MAKES NO OTHER WARRANTIES AS TO THE USE OR OPERATION OF NEXSTREAMING’S TECHNOLOGY AND FURTHER DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
7. TERM AND TERMINATION. The license rights granted above are effective from the date the Software is downloaded and for six (6) months thereafter. Upon expiry or termination of the license granted herein, YOU must immediately destroy Software and Documents, together with all copies, adaptations and merged portions in any form or return same to NexStreaming, at NexStreaming’s option. The provisions of Section 7 shall survive termination of this Agreement.
8. MODIFICATION OF AGREEMENT. The terms and conditions contained in Agreement may be modified only by a writing signed by the duly authorized representatives of both parties, provided that NexStreaming shall be entitled to modify or update the Software with mere confirmation of YOU.
9. GOVERNING LAW AND DISPUTE RESOLUTION. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Korea. The parties hereby agree that any and all disputes arising from, and related to, this Agreement shall be resolved in Seoul District Court.
(a) YOU will be fully accountable and responsible for actions of any of its officers, employees, subsidiaries or affiliates, which constitute a breach of its obligations under this Agreement, whether such actions are authorized or not. YOU undertakes, at its own expense, to enforce the obligations under this Agreement against such employees, subsidiaries, affiliates, business partners, and clients.
(b) YOU may not assign any of its rights, obligations or privileges hereunder without the prior written consent of NexStreaming.
(c) Waiver by either party of a breach of any provision of Agreement or the failure by either party to exercise any right hereunder will not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right. The relationship of the parties hereunder is that of independent contractors. In the event that any provision of Agreement is held to be unenforceable, Agreement will continue in full force and effect without said provision and will be interpreted to reflect the original intent of the parties.
10. OPENSOURCE AND THIRD PARTY SOFTWARE. The Software may contain one or more of the following open source and third party software.
- AMR-WB decoders were produced by modifying Android (http://source.android.com/download) which is licensed under Apache License 2.0. You may obtain a copy of the Apache License at http://www.apache.org/licenses/LICENSE-2.0.
- FLAC decoder and file format were produced by modifying source codes (libFLAC) at http://flac.sourceforge.net/download.html which is licensed under BSD-like license. (Refer to http://flac.cvs.sourceforge.net/*checkout*/flac/flac/COPYING.Xiph)
- Vorbis decoder was produced by modifying source codes at http://xiph.org/vorbis/ which is licensed under BSD 2.0 license. (Refer to http://www.xiph.org/licenses/bsd/)
- VP8 decoder was produced by modifying source codes (libvpx-v0.9.5.zip) at http://code.google.com/p/webm/downloads/list under BSD 2.0 License.
- Theora decoder was produced by modifying source codes downloaded from http://www.theora.org/downloads under BSD 2.0 and libtheora licenses.
- AES-128 (for HTTP Live Streaming) was implemented based on open source code "fast cryptography (http://fastcrypto.org/)".
- SSL (Secured Socket Layer) (for HTTPS) was utilized by using the code from OpenSSL (http://www.openssl.org/) which is licensed under both the conditions of the OpenSSL License and the original SSLeay license. (http://www.openssl.org/source/license.html)
- GZIP decoder for HLS protocol (to get playlists) was produced by modifying the code from http://www.zlib.net/ , which is licensed under zlib license http://www.zlib.net/zlib_license.html.
- NexPlayer UI sample code for Android was implemented based on open source code (http://source.android.com/source/download.html) which is licensed under Apache License 2.0. You may obtain a copy of the Apache License at http://www.apache.org/licenses/LICENSE-2.0.
- DivX3.11 and MS MPEG-4 v3 decoders were produced by modifying source codes licensed from DivX Inc. under Technology Implementer License Agreement.
- WMA9 Standard, WMA10 Pro, WMA9 Voice, WMV9, VC-1, WMV7/8 decoders are audio and video data compression technologies developed by Microsoft, and these decoders are licensed under Windows Media Components Interim Product Agreement. (Refer to http://www.microsoft.com/windows/windowsmedia/licensing/licensing.aspx)
- WMA8 Standard encoder is data compression technologies developed by Microsoft, and this encoder was licensed under Windows Media Components Interim Product Agreement. (Refer to http://www.microsoft.com/windows/windowsmedia/licensing/licensing.aspx)
- DTS decoder was licensed under “Licensing Limited Software License Agreement” with DTS Licensing Limited
- Dolby AC3 decoder was licensed under “Implementation Licensing Agreement” with Dolby, Inc.