You are on page 1of 3

END-USER LICENSE AGREEMENT FOR SAM Broadcaster (Streaming Audio Manager), herei n referred to as the SOFTWARE (c) Copyright

2003 by Spacial Audio Solutions, LLC. referred to herein as the DE VELOPER or SPACIAL. IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal ag reement between you (either an individual or a single entity) and the DEVELOPER of the software product(s) identified above ("SOFTWARE PRODUCT" or "SOFTWARE"). The SOFTWARE PRODUCT includes computer software, and any "online" or electronic documentation. By installing, copying or otherwise using the SOFTWARE PRODUCT, y ou agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, the DEVELOPER is unwilling to license the SOFTWARE PRODUCT to you . In such event, you may not use or copy the SOFTWARE PRODUCT. SOFTWARE PRODUCT LICENSE: The SOFTWARE PRODUCT is protected by copyright laws an d 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 the following rights: * Software. You may install and use one copy of the SOFTWARE PRODUCT per License for the purposes of managing and delivering "Streamed Audio Media" over network s to unlimited clients. A client is understood to be a third party viewing the a udio through a web browser or other applicable playback/viewing software. 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. * Copying and Redistribution. The SOFTWARE can be copied for backup purposes ONL Y and is not intended for usage on multiple Computer/Server systems without obta ining an indivdual "License" for each copy to be used. The SOFTWARE PRODUCT may NOT be copied and redistributed electronically or otherwise, for ANY purposes wi thout express written consent of the DEVELOPER. * Reverse-engineering. Decompilation or reverse-engineering of the provided Soft ware/bytecode is not permitted under the terms of this EULA. * Separation of Components. The SOFTWARE PRODUCT is licensed as a single product . Its component parts may not be separated for other uses. * Sales & Rental. You may NOT resell, rent or lease the SOFTWARE PRODUCT. * Termination. Without prejudice to any other rights, the DEVELOPER may terminat e 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 and all of its component parts. 3. UPGRADES. If the SOFTWARE PRODUCT is an upgrade, you now may use that upgrade d product only in accordance with this EULA. If the SOFTWARE PRODUCT is an upgra de of a component of a package of software programs which you licensed as a sing le product, the SOFTWARE PRODUCT may be used and transferred only as part of tha t single product package and may not be separated for use on more than one compu ter. 4. OEM COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT, and a ccompanying documentation, and any copies of the SOFTWARE PRODUCT, are owned by DEVELOPER. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. 5. OEM PRODUCT SUPPORT. The DEVELOPER is under no obligation to provide support

If you determine. Upon payment of any re fund by Spacial. You must also uninstall th e software from any computers owned or controlled by you where the software was installed. yo u must print. mp3PRO audio coding technology licensed from Coding Technologies. a License e may qualify for a refund of monies actually paid to Spacial for the product. . as well as more information on this projec t can be found at http://akrip. Spacial offers a full y-functional evaluation/download version of it software for potential users to tr y before you buy on a fourteen-day (14-day) free trial basis. If you have not tested Spacial s free evaluation versions from our download sites. Spacial encourages and appreciates users trying our products before placing an order. 7. The full source and LGPL license. When a user purchases the registered version of software from Spacial. Y ou must also destroy all copies of the software you may have made and remove all copies of the software you may have stored or saved.sourceforge. satellite. For details. An independent license for suc h use is required. We would like to inform you about the privacy policy for Windows Media. However. Fraunhofer IIS and Thomson. digital versatile discs.com/windows/windowsmedia/privacy/9splayer.com. please visit http://mp3licensing. Please visit http://www. s ubject to strict compliance with Spacial s Refund Policy. you agree to discontinue using the Software and to fully comply with all of Spacial s policies regarding the software for which payment was refun ded. This software uses parts of the open source AKRip project for CD audio playba ck. 8. Spacial will refund that portion of the purchase price for its software paid to Spacial by Licensee. After Spacial receives your request for a refund. we will send you a pdf form of Affidavit of Software Destruction and Discontinued Use. you should either contact us to request a refund ( in which case you must satisfy the terms of Spacial s Refund Policy) or follow the refund policy of the reseller from whom you purchased Spacial s software. semiconducto r chips. streaming applications (via Internet.under the terms of this license.microso ft. within the period of time described below. complete. Refund Policy Most of Spacial s software products are marketed as shareware . other content distribution systems (pay-audio or audio-on-demand applications and the like) or on physical media (compact discs. memory cards and the like).net/. please do so before you place an order to make sure that the product you are or dering is what you want. 6. hard drives. if Licensee notifies Spacial in writing of the refund reque st within fifteen (15) days of the date that Spacial receives the first payment from or on behalf of Licensee in connection with the Software and so long as Lic ensee satisfies all other terms of Spacial s Refund Policy. To receive a refund. we assume that the purchaser is satisfied with the software s features and functionalities. 9. sign and return the Affidavit of Software Destruction an d Discontinued Use within fifteen (15) days of the date that Spacial received th e first payment from or on behalf of Licensee in connection with the software. intranets and/or other networks). that Spacial s softwa re does not work as expected. Supply of this product does not convey a license nor imply any right to distribute content created with this product in revenue-generating broa dcast systems (terrestrial. for a limited period following the purchase of our software.aspx for more information. cable and/or other distribution channels) . This software uses parts of Windows Media technology.

Spacial reserves the right to refuse any refund request. business interruption. If a purchaser fails to strictly comply with Spacial s refund policy. profit s. less shipping and handling charge s. Licensee agrees to immediately erase and destroy all copies of the Software and all documentation relating to use of this Softwa re. Once you have returned the e the Spacial software for ted and any further use of ights as well as its other Affidavit to Spacial. as well as its other intellectual p roperty rights. Texas Limitation of Liability Spacial shall not be liable for any direct damages to Licensee or to any other t hird party. in Spacial s sole option. Spacial s cumulative liability to Lice nsee shall not exceed the License fee paid by Licensee to Spacial in connection with use of the Software. the refund r equest will be denied. Spacial will either n otify your paying agent via e-mail message of its authorization to issue you a r efund of the amount you paid for the software. In the event of t he termination of this License. in the event of a defect in the Software media. This Section shall survive termination of this License Agreement. . Termination of License The License issued in favor of Licensee will terminate automatically if the Lice nsee fails to comply with any provision of this License or the Licensee attempts to assign any of its rights or authorities under the License. Spacial s hall not be liable for any other special. Exclusive Remedies Licensee agrees that if Licensee does not give Spacial timely written notice of a refund request. all licenses you may have to us which a refund is claimed will be immediately termina the software will be an infringement of Spacial s copyr intellectual property rights. which will not be refunded or if payment was made directly to Spacial. or the use or inability to use the software. whether out of contract or from tort. Licensee s sole and exclusive remedy will be. All refunds for downloa ded software must be preauthorized by Spacial. All refund requests that are not received within the time period set forth in this Refund Policy will be consider ed untimely and will be automatically rejected.If your timely request for a refund is received and you properly return the sign ed Affidavit of Software Destruction and Discontinued Use. Lubbock. for Spacial to repla ce the defective Software and thereby to terminate this License. Texas. Exclusive venue for any resulting litigation shal l be in Lubbock County. any further use of the software wi ll be an infringement of Spacial s copyrights. Spacial is authorized by Licensee to notify any paying agent that any such refund request should be denied and Spacial s determination on any requested refun d will be final. Following the termination of the License. the ap propriate refund payment will be made by Spacial. then. Lubbock. Forum Selection All disputes arising under or relating to this License or the subject matter of this License shall be resolved by a court of competent jurisdiction located in L ubbock County. consequential or exemplary damages suf fered by Licensee relating to the software. Pursuant to the terms of its License for use of the softw are. including loss of data.