VERY IMPORTANT! PLEASE READ!
The SimulStream license key enables multiple capture sessions for one Osprey card.

END-USER LICENSE AGREEMENT FOR VIEWCAST

IMPORTANT, READ CAREFULLY. This ViewCast End-User License Agreement (EULA) is a legal agreement between you (either as an individual or a single entity or corporate entity) and ViewCast Corporation, for the software product identified above, which includes computer software and associated media and printed materials (if any), and may include online or electronic documentation (SOFTWARE PRODUCT or SOFTWARE). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of the EULA. If you do not agree to the terms of this Agreement, you are not authorized to view or use the SOFTWARE PRODUCT.

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

1.  GRANT OF LICENSE. This EULA grants you a restricted non-exclusive license with the following rights: Use and Copy. ViewCast grants to you the right to use copies of the ViewCast SOFTWARE PRODUCT. You may make copies of the SOFTWARE PRODUCT for backup and archival purposes ONLY.

2.  RESTRICTIONS. You must maintain all copyright notices on all copies of the SOFTWARE PRODUCT. You may not distribute copies of the SOFTWARE PRODUCT to third parties. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law, notwithstanding this limitation. You may not rent or lease the SOFTWARE PRODUCT. You may permanently transfer all of your rights under this EULA only in conjunction with a permanent transfer of your validly licensed copy or copies of ViewCast product[s]. You must comply with all applicable laws regarding the use of the SOFTWARE PRODUCT.

3.  TERMINATION. Your rights under the EULA terminate upon the return of the SOFTWARE PRODUCT and all copies or upon written termination notice from ViewCast, or without prejudice to any other rights, ViewCast may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT.

4.  COPYRIGHT. All title and copyright in and to the SOFTWARE PRODUCT and any copies thereof are owned by ViewCast or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content.

5.  U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph [c][1][ii] of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs [c][1] and [2] of the Commercial Computer Software Restricted Rights at 48 CFR 52,227-19, as applicable. Manufacturer is ViewCast Corporation. If you desire to contact ViewCast for any reason, please call or write to the address given at the bottom of this document.

6.  EXPORT RESTRICTIONS. You agree that you will not export or re-export the SOFTWARE PRODUCT to any country, corporate entity, person, entity or end user subject to U.S.A. export restrictions. Restricted  countries currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Syria and the Federal Republic of Yugoslavia (Serbia and Montenegro, UN Protected Areas and areas of Republic of Bosnia and Herzegovina under the control of Bosnia Serb forces). You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges.

7.  LIMITED WARRANTY. VIEWCAST WARRANTS THAT THE SOFTWARE WILL PERFORM SUBSTANTIALLY ACCORDING TO THE ACCOMPANYING WRITTEN MATERIALS FOR NINETY (90) DAYS FROM THE DATE OF ORIGINAL PURCHASE. VIEWCAST DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) CONCERNING THIS SOFTWARE AND ITS ACCOMPANYING WRITTEN MATERIALS. Some jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. This limited warranty gives you specific legal rights. You may have other rights which vary by jurisdiction.

8.  NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIEWCAST OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR  CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS INFORMATION, OR ANY OTHER LOSS) ARISING OUT OF THE USE OF THE SOFTWARE PRODUCT, EVEN IF VIEWCAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE OF SOME STATES LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

9.  GOVERNING LAW. This EULA is governed by the laws of the State of Texas, USA. If, for any reason, a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. If either ViewCast or you employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees.

10.  MISCELLANEOUS. Should you have any questions concerning this EULA, or if you desire to contact ViewCast for any reason, please contact or write to the address given at the bottom of this document.

11.  ACKNOWLEDGMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN PARTIES AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, VERBAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN PARTIES RELATING TO THE USE OF THE SOFTWARE PRODUCT.

Copyright © 2009 ViewCast Corporation. All rights reserved.
http://www.viewcast.com

Corporate Offices:
3701 W Plano Parkway
Suite 300
Plano, TX 75075
USA
(972) 488-7200
