SOFTWARE LICENSE
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT "LICENSE" CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PROMPTLY RETURN THE SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND.
1. License. The software and any fonts accompanying this License whether on disk, in read only memory, or on any other media (the "Software") are licensed, not sold, to you by Softron Microcomputing S.A. (Softron). You own the media on which the Software is recorded but Softron and/or its licensor(s) retain title to the Software. The Software in this package and any copies which this License authorizes you to make are subject to this License.
2. Permitted Uses and Restrictions. This License allows you to install and use the Software on a single computer at a time. This License does not allow the Software to exist on more than one computer at a time. You may make one copy of the Software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. Except as permitted by applicable law, this License and solely to the extent required to debug changes to any third party LGPL-libraries linked to by the Software, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, sublicense, create derivative works from the Software or transmit the Software over a network. You may, however, transfer your rights under this License provided you transfer the related documentation, this License and a copy of the Software to a party who agrees to accept the terms of this License and destroy any other copies of the Software in your possession. Your rights under this License will terminate automatically without notice from Softron if you fail to comply with any term(s) of this License.
3. Limited Warranty on Media. Softron warrants the media on which the Software is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this paragraph shall be, at Softron's option, a refund of the purchase price of the product containing the Software or replacement of the Software which is returned to Softron or a Softron authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. SOFTRON SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
4. Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the Software is at your sole risk. The Software is provided "AS IS" and without warranty of any kind and Softron and Softron's licensor(s) (for the purposes of provisions 4 and 5, Softron and Softron's licensor(s) shall be collectively referred to as "Softron") EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LlMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOFTRON DOES NOT WARRANT THAT THE FONCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WLL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, SOFTRON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SOFTRON OR A SOFTRON AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT SOFTRON OR A SOFTRON AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
5. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SOFTRON BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Softron's total liability to you for all damages exceed the amount paid for this License to the Software.
6. Export Law Assurances. You may not use or otherwise export or reexport the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, none of the Software may be used or otherwise exported or reexported (i) into (or to a national or resident of) a United States embargoed country or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
7. Government End Users. If the Software is supplied to the United States Government, the Software is classified as "restricted computer software" as defined in clause 52.227-19 of the FAR. The United States Government's rights to the Software are as provided in clause 52.227-19 of the FAR.
8. Use of Third Party Software. This End User License does not apply to third party libraries used in the software, third party libraries are covered by their respective license agreements. The Software uses libraries from the FFmpeg project under the LGPLv2.1.
This product also includes NDI® software and technology licensed from NDI, Inc. NDI® is a trademark of NDI, Inc. NDI and/or its licensors owns all copyright rights in the NDI® Software and NDI® copyrightable technology utilized in the Product. All software herein, including the NDI® software and technology, is subject to the restrictions in this End User License, including the following restrictions, limitations and exclusions: 1) you may not reverse engineer, disassemble, or recompile the Product, including the NDI® Software, or any part thereof, or any NDI® protocols used in the Product, nor attempt to do any of the foregoing; 2) you may not copy, distribute, or create derivative works of the NDI® Software (except one copy may be made for archival backup purposes); 3) NewTek is not liable for any damages, whether direct, indirect, incidental or consequential, arising from the use of the Product and/or NDI®; 4) You accept the Product and NDI® software “as is” without warranties of any kind; all warranties, express or implied, of merchantability, fitness for a particular purpose, and warranty of title, are expressly disclaimed and excluded. To the extent any of the foregoing disclaimers is not allowed by applicable law such term shall not apply and in such case you agree not to utilize the NDI® in the Product.
9. Controlling Law and Severability. This License shall be governed by the laws of Belgium (Brussels Court). 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.
10. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Softron.
11. Consent to Use of Diagnostic and Usage Data.
A. Crash Logs: You agree that Softron may automatically collect, maintain, process and use diagnostic information (crash logs) when the software encountered an error in order for Softron to improve its software. The crash log is automatically sent when you restart the application after a crash. Softron may use this information, as long as it is collected in a form that does not personally identify you, for the purposes described above.
B. Contact Support: Softron provides you with a manual way to send diagnostic information, technical, usage and related information, including but not limited to unique system or hardware identifiers, information about your computer, system and application software, and peripherals. These are gathered only when you use the menu “Help > Contact Softron Support…” then choose to automatically send Logs. Softron will not automatically gather these information, and they are provided by you only to improve Softron’s products and services, facilitate the provision of software updates, product support and other services to you (if any) related to the Softron Software, and to verify compliance with the terms of this License. Softron may use this information, as long as it is collected in a form that does not personally identify you, for the purposes described above.
12. Privacy Policy.
When you register your Softron software, you explicitly consent that we may send you a follow up email regarding our products, and subscribe to our mailing list. You may unsubscribe at any time.
At Softron we value your privacy. The information collected will not be transferred to a third party. You can read our privacy policy here: http://softron.tv/legal/privacy
If you have any question or want to modify, edit the personal data that we store, please get in touch with us: http://softron.tv/about/contact
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