Microsoft word - hitcast end user license agreement_091009

END-USER LICENSE AGREEMENT

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS HITCAST, S.R.L. PRODUCT. IF YOU
CANNOT ACCEPT THEM, YOU SHOULD PROMPTLY DELETE THE SOFTWARE FROM YOUR SYSTEM. IF YOU ACCEPT THE
TERMS, THEN INSTALL AND USE THE SOFTWARE AS DIRECTED. BY DOING SO, YOU ACCEPT THE OFFER ON THE
TERMS SET OUT BELOW. THE AGREEMENT WILL BE MADE AT THE TIME OF INSTALLATION. HITCAST, S.R.L. DOES
NOT REQUIRE NOTIFICATION OF YOUR ACCEPTANCE.

1. Definitions
"Software" means the computer program contained in this product and any updates to the program provided by HitCast, S.r.l. "Customer" means a licensed user of HitCast, S.r.l. products. "User" means a single person operating a workstation computer. "Server" means a computer with one or more CPUs on which the Software resides, along with applications utilizing the Software, The Software is licensed on a "Server" basis. Your invoice will identify how many concurrent users are permitted. A Trial license is not invoiced but is also licensed on a “Server” basis.
2. Intellectual Property Protection
HitCast, S.r.l. owns this software program and documentation, both of which are protected under applicable copyright laws. Your right to use the software program(s) and the documentation is limited to the terms and conditions described below.
3. License
Under this HitCast, S.r.l. License Agreement ("License"), you may use the enclosed HitCast, S.r.l. program(s) (the "Software") as specified in your invoice documenting the purchase of this License. If you are using a trial version of the Software, you may use it only for the specified trial period. You may make copies of the Software solely for purposes of backup. The copyright notice must be reproduced and included on a label on any backup copy. You may not distribute copies of the Software and documentation to others. You may not rent, lease or grant your rights to the Software. You may not alter, reverse compile or disassemble any of the Software or documentation without the prior written consent of HitCast, S.r.l. In no event shall applications or processes using the Software at any one time exceed the number of concurrent connections As a trial licensee, you may use the software on Client and Server machines during the trial period. Your License of Software will automatically terminate without notice if you fail to comply with any terms or conditions of this License. The term of the License granted hereunder shall be as defined on your invoice unless terminated earlier by either party for a material breach of this License or as otherwise provided for in this License. The term of a trial license is thirty (30) days.
5. Limited Warranty
HitCast, S.r.l. warrants that the media (if any) containing the Software, if provided by HitCast, S.r.l., is free from defects in material and workmanship and will so remain for thirty (30) days from the date you acquired the Software. HitCast, S.r.l.'s sole liability, and your sole remedy, for any breach of this warranty shall be the replacement of your defective media. Only if you inform HitCast, S.r.l. of your problem with the Software during the warranty period and provide evidence of the date you acquired the Software, will HitCast, S.r.l. be obligated to honor this warranty. HitCast, S.r.l. will use reasonable commercial efforts to replace the defective media pursuant to the foregoing warranty within thirty (30) days of being so notified. This is a limited warranty and it is the only warranty made by HitCast, S.r.l. The Software and all documentation is provided to you "AS IS". Due to the complex nature of computer software, HitCast, S.r.l. does not warrant that the licensed Software is completely error-free, will operate without interruption or is compatible with all equipment and software configurations. You expressly assume all risk for such use. Should the Software prove defective following its purchase, you and not HitCast, S.r.l. assume the entire cost of all necessary service, repair or

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EXCEPT AS SPECIFIED ABOVE, ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT, ARE HEREBY EXCLUDED. This warranty gives you specific legal rights, and you may have other legal rights that vary from state to state or by jurisdiction.
6. Limitation of Liability
IN NO EVENT WILL HITCAST, S.R.L. BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR OTHER SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT(S), EVEN IF HITCAST, S.R.L. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall HitCast, S.r.l. liability to you (whether in contract, tort, or otherwise) exceed the license fee paid by you for the Software. Some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.
7. Termination
Upon the termination of this License for any reason, the Software, documentation and any copies thereof shall be returned to HitCast, S.r.l., and Customer shall contemporaneously deliver a duly authorized certification that all such copies have been returned and an acknowledgment that Customer no longer has any right to the Software. Upon the termination of a trial license, the software, documentation, and any copies thereof shall be removed from all test machines.
8. Compliance with Licensing
You agree that upon request of HitCast, S.r.l., or HitCast, S.r.l.'s authorized representative, you will within thirty (30) days fully document and certify that your use of any and al HitCast, S.r.l. at the time of the request is in conformity with your valid licensing
9. Use of MPEG-4
This product is licensed under the MPEG-4 Visual Patent Portfolio License for the personal and non-commercial use of a consumer for (i) encoding video in compliance with the MPEG-4 Visual Standard ("MPEG-4 Video") and/or (ii) decoding MPEG-4 video that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a video provider licensed by MPEG LA to provide MPEG-4 video. No license is granted or shall be implied for any other use. Additional information including that relating to promotional, internal and commercial uses and licensing may be obtained from MPEG LA, LLC. See http:
10. General
If any one or more of the provisions of this License are finally adjudicated to be partially or entirely unenforceable by a court of competent jurisdiction, then this License shall be construed as if such unlawful provision had not been contained herein, and the remainder of the License shall remain in full force and effect. A waiver of any breach or default under this License shall not be a waiver of any other or subsequent breach or default. Failure or delay by either party to enforce compliance with any term or condition of this License shall not constitute a waiver of such term or This License and its interpretation shall be governed by the laws of the State of California. If you have any questions concerning this License, you can contact HitCast, S.r.l. at the following address: HitCast, S.r.l., via Cavalcanti 5, 20127 Milan (MI), Italy. Copyright (C) 2002-2006 HiT Son et Lumiere Srl HitCast is stand-alone, proprietary, closed source software that works in conjunction with the Ultr@VNC SourceForge Project Code base. HitCast includes a free, yet supported distribution of the Ultr@VNC binaries released under the GNU GPL. Source code for all GNU GPL components is available by emailing info@hitsel.it. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. HitCast, S.r.l. wishes to gratefully acknowledge the dedication, contributions, and work of: 1. The Ultr@VNC Team: Copyright 2002-2004, 3. Rudi D. V. - VdaccVNC: Copyright 1999-2002, 4. Harakan Software - PalmVNC Copyright 2001, 5. Const. Kaplinsky - TightVNC: Copyright 1999-2002, 6. RealVNC Ltd. - RealVNC: Copyright 2002,
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8. Tridia Corporation - TridiaVNC: Copyright 1999-2002, 9. AT&T Laboratories Cambridge/Olivetti Research Ltd. - VNC: Copyright 1994-2001, 11. Markus Franz Xaver Johannes Oberhumer - Mini LZO Library: Copyright 1996-2002 -------------------------------------------------------------------------------- Copyright (C) 2002-2004 Ultr@VNC Team - All rights reserved This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details. You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation, Inc., 59 Temple Place - Suite 330, Boston, MA 02111-1307, USA. If the source code for the program is not available from the place from which you received this file, check The authors shall not in any way be liable for any damage or legal consequences as a result of using this software. We make absolutly no warranties about the reliability of this software. Use it at your own risks ! -------------------------------------------------------------------------------- Copyright (C) 1989, 1991 Free Software Foundation, Inc. 59 Temple Place - Suite 330, Boston, MA 02111-1307, USA Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed. The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users. This General Public License applies to most of the Free Software Foundation's software and to any other program whose authors commit to using it. (Some other Free Software Foundation software is covered by the GNU Library General Public License instead.) You can apply it to your programs, too. When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it. For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software. Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors' reputations. Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all. The precise terms and conditions for copying, distribution and modification follow. TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
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0. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you". Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does. 1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange 2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions: a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change. b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License. c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.) These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it. Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or col ective works based on the Program. In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License. 3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following: a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or, b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or, c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for non-commercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.) The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable. If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.

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4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance. 5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it. 6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third 7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances. It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice. This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License. 8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License. 9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns. Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation. 10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally. 11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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Appendix: How to Apply These Terms to Your New Programs If you develop a new program, and you want it to be of the greatest possible use to the public, the best way to achieve this is to make it free software which everyone can redistribute and change under these terms. To do so, attach the following notices to the program. It is safest to attach them to the start of each source file to most effectively convey the exclusion of warranty; and each file should have at least the "copyright" line and a pointer to where the full notice is <one line to give the program's name and a brief idea of what it does.> Copyright (C) 19yy <name of author> This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details. You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation, Inc., 59 Temple Place - Suite 330, Boston, MA 02111-1307, USA. Also add information on how to contact you by electronic and paper mail. If the program is interactive, make it output a short notice like this when it starts in an interactive mode: Gnomovision version 69, Copyright (C) 19yy name of author Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w'. This is free software, and you are welcome to redistribute it under certain conditions; type `show c' for details. The hypothetical commands `show w' and `show c' should show the appropriate parts of the General Public License. Of course, the commands you use may be called something other than `show w' and `show c'; they could even be mouse-clicks or menu items-- You should also get your employer (if you work as a programmer) or your school, if any, to sign a "copyright disclaimer" for the program, if necessary. Here is a sample; alter the names: Yoyodyne, Inc., hereby disclaims all copyright interest in the program `Gnomovision' (which makes passes at compilers) written by <signature of John Doe>, 1 April 1989 This General Public License does not permit incorporating your program into proprietary programs. If your program is a subroutine library, you may consider it more useful to permit linking proprietary applications with the library. If this is what you want to do, use the GNU Library General Public License instead of this License.
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Source: http://hitcast.starin.biz/files/End%20User%20License%20Agreement.pdf