Veetle Software License Agreement
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING VEETLE'S VIDEO PLAYER OR BROADCASTER OR ANY ACCOMPANYING DOCUMENTATION (COLLECTIVELY, THE "SOFTWARE").
Veetle is willing to license the Software to you only upon the condition that you accept all the terms contained in this Agreement. By downloading, installing or using the Software, you have indicated that you understand this Agreement and accept all of its terms. If you are accepting the terms of this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the terms of this Agreement, and, in such event, "you" and "your" will refer to that company or other legal entity. If you do not accept all the terms of this Agreement, then Veetle is unwilling to license the Software to you, and you must immediately cease your download, install and use of the Software and destroy all copies of the Software in your possession.
- Grant of License. Conditioned upon your compliance with the terms and conditions of this Agreement, Veetle grants you a non-exclusive and non-transferable license for a single user to Execute (as defined herein) the executable form of the Software on a single computer, solely for your internal own use. You may make a single copy of the Software for backup purposes, provided that you reproduce on it all copyright and other proprietary notices that are on the original copy of the Software. Veetle reserves all rights in the Software not expressly granted to you in this Agreement. purposes of this Agreement, "Execute" and "Execution" means to load, install, and run the Software in order to benefit from its functionality as designed by Veetle.
- Restrictions. Except as expressly specified in this Agreement, you may not: (a) copy (except in the course of loading or installing) or modify the Software, including but not limited to adding new features or otherwise making adaptations that alter the functioning of the Software; (b) transfer, sublicense, lease, lend, rent or otherwise distribute the Software to any third party; or (c) make the functionality of the Software available to multiple users through any means, including but not limited to by uploading the Software to a network or file-sharing service or through any hosting, application services provider, service bureau, software-as-a-service (SaaS) or any other type of services. You acknowledge and agree that portions of the Software, including but not limited to the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Veetle and its licensors. Accordingly, you agree not to disassemble, decompile or reverse engineer the Software, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.
- The Software is distributed with certain independent code that is licensed under the GNU General Public License ("GPL") and/or other open source licenses ("Open Source Code"), which Open Source Code is listed at http://www.veetle.com/download/veetlevlc.tar.gz, and, notwithstanding conflicting terms in this Agreement, Open Source Code is licensed to you in accordance with the applicable open source licenses. You may obtain a copy of the at http://www.gnu.org/licenses/lgpl.html. For a period of three years from the date you assent to this Agreement, Veetle, will at your request provide to you a copy of the source code for the code licensed under the GPL, including any modifications made by Veetle. Veetle may charge reasonable shipping and handling charges for such distribution. Please direct requests in writing to: Veetle, Inc., 543 Bryant St., Palo Alto, CA 94301, USA. To the extent that any of the terms and conditions of this Agreement conflict with any such open source licenses, the conflicting terms and conditions shall not apply to the corresponding Open Source Code.
- Ownership. The copy of the Software is licensed, not sold. You own the media on which the Software is recorded, but Veetle retains ownership of the copy of the Software itself, including all intellectual property rights therein. The Software is protected by United States copyright law and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Software as delivered to you.
- Term. The license granted under this Agreement remains in effect for a period of 75 years, unless earlier terminated in accordance with this Agreement. You may terminate the license at any time by destroying all copies of the Software in your possession or control. The license granted under this Agreement will automatically terminate, with or without notice from Veetle, if you breach any term of this Agreement. Upon termination, you must at Veetle's option either promptly destroy or return to Veetle all copies of the Software in your possession or control.
- No Warranty. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. VEETLE DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM VEETLE OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT.
- Limitation of Liability. VEETLE'S TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNTS PAID TO VEETLE BY YOU FOR THE SOFTWARE OR, IN THE EVENT THAT VEETLE HAS MADE THE SOFTWARE AVAILABLE TO YOU WITHOUT CHARGE, VEETLE'S TOTAL LIABILITY WILL BE LIMITED TO $1. IN NO EVENT WILL VEETLE BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS, PROFITS OR ABILITY TO EXECUTE) OR FOR the cost of procuring substitute products ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE EXECUTION OR PERFORMANCE OF THE SOFTWARE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT VEETLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
- U.S. Government End Users. The Software and Documentation are "commercial items" as that term is defined in FAR 2.101, consisting of "commercial computer software" and "commercial computer software documentation," respectively, such terms are used in FAR 12.212 and DFARS 227.7202. If the Software and Documentation are being acquired by or on behalf of the U.S. Government, then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Government's rights in the Software and Documentation will be only those specified in this Agreement.
- Export Law. You agree to comply fully with all U.S. export laws and regulations to ensure that neither the Software nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
- General. This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to or application of conflict of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply. You may not assign or transfer this Agreement or any rights granted hereunder, by operation of law or otherwise, without Veetle's prior written consent, and any attempt by you to do so, without such consent, will be void. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. All notices or approvals required or permitted under this Agreement will be in writing and delivered by confirmed facsimile transmission, by overnight delivery service, or by certified mail, and in each instance will be deemed given upon receipt. All notices or approvals will be sent by Veetle to you to the address you provide to us. All notices will be sent by you to Veetle to the address set forth below. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by authorized representatives of both parties. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible, and the other provisions will remain in full force and effect. This Agreement is the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless you and Veetle have executed a separate agreement. Any terms or conditions contained in your purchase order or other ordering document (if such document exists) that are inconsistent with or in addition to the terms and conditions of this Agreement are hereby rejected by Veetle and will be deemed null.
- Contact Information. If you have any questions regarding this Agreement, you may contact Veetle at or Veetle, Inc., 543 Bryant St., Palo Alto, CA 94301, USA.
IF YOU DOWNLOAD, INSTALL OR USE THE SOFTWARE, YOU ARE AGREEING TO THE FOREGOING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE FOREGOING TERMS AND CONDITIONS, PLEASE IMMEDIATELY CEASE DOWNLOADING, INSTALLING, OR USING THE SOFTWARE.