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Humatic GmbH dsj - DirectShow <> Java wrapper License Agreement

dsj - DirectShow <> Java wrapper Copyright 2005-10 Nils Peters Humatic GmbH Leuschnerdamm 19 10999 Berlin Germany This software is copyrighted. The authors at Humatic GmbH, Berlin, Germany. retain the copyright, title and ownership of the provided software. You are not permitted to sell, lease, decompile or modify the software provided in dsj.jar/dsj.dll without the written permission of the authors. DSJ IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OR LIABILITY. THE ENTIRE RISK AS TO THE RESULTS OF THE USAGE OF THE SOFTWARE IS ASSUMED BY YOU. The provided software may be used in non-commercial applications free of charge, given that copyright notes & credits are maintained and clearly stated throughout the application's documentation, about boxes etc.. The provided software may be redistributed with non-commercial applications after such use has been registered on the dsj website. This will also unlock encoding and file capture functionality, which otherwise will run in demo mode. These rights are limited to the current version of the software and do not include the right to upgrades, updates or further developed versions. Versions of the dll, that are not fully unlocked will timeout after a year. Any form of commercial use of the provided software requires licensing. Non-commercial means that you are not getting compensated in any form for the products and/or services you develop using dsj. Non commercial applies to: Students who want to use dsj in their class projects. Artists that work on no-budget projects. Private research or hobby projects. Non-commercial - besides the very obvious cases - does for example not apply to : Teachers / Professors who want to use dsj for their coursework (as a teacher is paid for his job). Any form of use, where the library is not sold, but deployed in environments that are in any way corporately or publically funded or are in any other way generating revenue. This includes academic research etc. Below you find a copy of the standard (and to be negotiated in detail) binary redistribution agreement you would need to enter with us. This applies to both commercial and non-commercial redistribution of the library with the only difference that you would not need to pay any fees if your case is considered non-commercial. If you are interested in using dsj in a commercial context, please contact us for details & costs at cg@humatic.de

dsj Binary Redistribution License Agreement version from 2009 Oct20th


Between Humatic GmbH Leuschnerdamm19 10999 Berlin Germany 30-6151219 and --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------(Licensee) Number:................... represented by
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Humatic GmbH dsj - DirectShow <> Java wrapper License Agreement


---------------------------------------------------------------------------------------------------------------------------------------------LICENSE AGREEMENT / PREAMBLE. This is a legal agreement between Licensee and Humatic concerning the distribution of dsj DirectShow<>Java wrapper ("Software") as a part of the Licensees products. The Software and documentation are licensed by Humatic to Licensee for use only on the terms described in this License Agreement (this "License"). Installing and/or using the Software indicates that Licensee accepts and agrees to comply with these terms. 1. LICENSED SOFTWARE Licensed Software is the dsj DirectShow<>Java wrapper. The Software consists on following files dsj.dll dsj.jar Version :0_8_6 Date: Oct2009 Date:Oct2009 Size: 850kb Size:620kb Version:0_8_6

optional dsjAppletHelper.jar Version:0_8_6

Date:Oct2009

Size: 15kb

In its version unlocked by Humatic's 'Commercial Unlock Code' the aforesaid portions of the Software are designated as "Redistributable Code" The usage of the Software requires Microsoft DirectX, Version 9 or higher, and Microsoft MediaPlayer Version 9 or higher as well as Microsoft DirectShow. Licenses for the aforesaid third party software and any other eventually required third party software are not part of this agreement and are not included in this License. Licensee has to obtain such eventually required licenses on his own expenses. Humatic does not itself bundle any kind of codec filters nor does it in any way grant Licensee the right to use or distribute such third party libraries or create content of any form that might be subject to license restrictions. Should Licensee intend to bundle third party filters and / or use those within the software to create content, whose format is under third party license restrictions, it is in Licensee's own responsibility to handle those implications with the respective copyright and/or patent owners. Furthermore this agreement does not grant Licensee the right to bundle and / or redistribute any of the software APIs wrapped by the Software. Should Licensee wish to redistribute DirectX or WindowsMedia runtime files, it is in his own responsibility to handle this under Microsoft's licensing terms. For the avoidance of doubts, the Software in its current version does especially not support Windows -Media DRM (Digital Rights Management) and may especially not be extended to be used for Windows -Media DRM enabled applications without written permission from Humatic in each individual case. .

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Humatic GmbH dsj - DirectShow <> Java wrapper License Agreement


2. SCOPE OF LICENSE. (a) Humatic hereby grants to Licensee, non-exclusive license to install and deploy the Software on . (number of) developer machines and distribute ............(number of) copies of the portions of the Software designated as "Redistributable Code" royalty-free as an integral part of Licensee's own software product ("Product") and its derivates (demo-, light-, pro- etc. versions) including future versions of Product which deploy the Software in same way as the original Product. Using it in a significant different or advanced way in future versions -in the reasonable opinion of Humatic- or in a new product distributed under the same name requires another licence. This license is only valid for the following product: ".............................." .
[Name and short description of Licensee's product]

Brief description :
[ Please add a short description of dsj's deployment in Licensee's Product ].............................................................

The described function has been tested successfully in a prototype or trial application. Licensee integrates or plans to integrate the following classes in his Product : .............................................................................................................................. ............................................................................................................................. .............................................................................................................................. [For internet based Redistribution only ]: The following domain(s) are licensed to serve dsj binaries [please name full address(es) /URLs where known] The number of URLs is limited to ...............(number of URLs) .............................................................................................................................. ............................................................................................................................. .............................................................................................................................. (b) Resale and/or assignation of the granted rights or sublicensing is prohibited. (c) Humatic retains the copyright, title and ownership of the provided software in all forms whatsoever. (d) All rights not expressly granted herein are reserved by Humatic. (e) Under this Agreement, Licensee or its affiliates are not entitled, to use the Software as an end-user by themselves or through third parties, without prejudice to lit. a). Licensee and/or affiliates are deemed to be an end-user in the sense of this provision, if Licensee and/or affiliates acquire the Software as a part of a third partys product, unless Licensee provides evidence that neither itself nor its affiliates constitute a link in the respective distribution chain of the product. In these cases Licensee shall acquire a single machine license according to the terms of Humatics Single Machine License Agreement in the currently valid version. 3. DISTRIBUTION REQUIREMENTS. Licensee has a royalty-free right to distribute and use the Software only if:
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Humatic GmbH dsj - DirectShow <> Java wrapper License Agreement


(a) Licensee distributes only the portions of the Software designated as "Redistributable Code". (b) Licensee uses and distributes the "Redistributable Code" only in conjunction with the binary or script files that make use of them as a part of Licensee's software product Licensee may distribute his Product either directly to end users or using a chain of distributors. Such distributors shall not be sub licensees and are not allowed to undertake any changes or further developments to the Product or to integrate the Product itself into another product. (c) Licensee's product(s) and application(s) must add significant and primary functionality to the Software. (d) Licensee does not expose, document or make public the Software API (Application Programming Interface), other than as integrated into Licensees software product in form of the Redistributable Code. (e) End users of Licensee are not allowed to use the Software for development purposes or further redistribution and deployment. (f) Licensee does not wrap or distribute the Software in a component that can be used for development purposes on any application, tool, environment or container. (g) Licensee's software product main and primary functionality must not be similar or close to dsj itself. I.e: it must not be another DirectShow to Java interface. (h) Licensee does not reverse engineer, copy, duplicate or distribute the license schema that is needed to use the Software in a design, development or runtime environment. (i) Licensee does not disassemble, decompile or reverse engineer the Software or any portions of it. (j) Licensee's software product may not, in the reasonable opinion of Humatic, compete with dsj itself. (k) Licensee does not use the Humatic or dsj name, logo or trademark to market Licensee's software product. (m) Licensee agrees to indemnify, hold harmless, and defend Humatic and its suppliers from and against any and all claims or lawsuits including attorney's fees that arise or result from the use or distribution of Licensee's software product. Any use of the library which is illegal under international or local law is forbidden. Any such action is in the sole responsibility of the person committing the action and will immediately terminate this agreement. If any of the conditions set forth in paragraphs above are breached, such breach shall constitute an unlawful use of the Software, and Licensee shall be prosecuted to the full extent of the law. Furthermore, Licensee shall be liable to Humatic for all direct damages caused by such breach and unlawful use of the software, including reasonable attorney's fees and costs incurred in any action, lawsuit or claim brought or filed to redress the breach of this agreement. 4. LICENSE FEES version A, B or C has to be selected , others will be cancelled.
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Humatic GmbH dsj - DirectShow <> Java wrapper License Agreement

[ ] A 'Perpetual Payment' Licensee pays a license fee in the amount of EUR .................. plus taxes to Humatic. The license fee has to be paid via wired transfer, free of costs for Humatic. [ ] B (alternatively) Annual Payment Licensee pays an annual license fee in the amount of EUR .........in the first year and an annual license fee in the amount of EUR . in the following years plus taxes to Humatic. The license fee has to be paid annually on the first of ............(month) via wired transfer, free of costs for Humatic). [ ] C (alternatively) Percental Payment Licensee pays a license fee to Humatic in the amount of ...... % (percent) of Licensee's end price according to the price list (Annex X) or the effective sales price for any sale of above mentioned product by Licensee or affiliated company, in any case depending on which sale price is higher. Minimum Licensee fee per sale is ...... Euros per product plus applicable taxes. Rebates or other circumstances with negative impact on the price according to pricelist shall not be taken in consideration for the calculation of the license fee. Licensee pays an advance payment to Humatic in the amount of EUR..........recoupable with the above agreed percentage payment. The advance payment incl. applicable taxes has to be paid via wired transfer, free of costs for Humatic. Licensee shall provide Humatic with semi-annual statements depicting total sales volume and sales price of the product for use in calculating the annual license fee. The license fee incl. applicable taxes has to be paid annually on the first of January via wired transfer, free of costs for Humatic. Additionally, special provisions for Percental Payments (esp. extended Licensee's warranties and Humatic's audit rights) pursuant to Appendix 1 being an integral part of this License Agreement, shall apply. This license shall have no force or effect unless and until Licensee shall have submitted to Humatic all applicable license fees in full. All such fees are exclusive of any taxes, duties, licenses, fees, excises or tarifs now or hereafter imposed on Licensee's production, licensing, sale, transportation, import, export or use of the Software or Licensee Programs, all of which shall be the responsibility of Licensee, other than taxes attributable to Humatic's net income. Licensee will be provided with 'Humatic's Commercial Unlock Code' directly after license fees have been paid in full. For internet based redistribution Humatic will provide a license file to be
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Humatic GmbH dsj - DirectShow <> Java wrapper License Agreement


placed on Licensee's server or packed with licensees application. Humatic's license file will be sent directly after license fees have been paid in full. Delay or interruption of agreed payments may incur additional cost or terminate updates and support.

5. WARRANTY. (a) Dsj source code is written and copyrighted by Humatic. Humatic makes no representations in connection with aspects owned or provided by Licensee. Trademark representations are limited to Humatics own trademarks. Any trademark(s) used in connection with the Software are selected and used at the risk of Licensee. (b) Both parties agree upon a limitation of Humatics warranty to the farest possible extent. Humatic is not liable for errors and does not guarantee the specific utility of the Software for any certain purpose. In particular, Humatic is not liable for indirect or subsequent damages due to errors of the licensed Software. (c) Humatic guarantees Licensee free updates of the Software for a one year period. In case of annual payments Licensee is obliged for free updates until termination. Humatic is not obliged to provide any software support under this agreement. (d) Humatic is not aware of any rights of third parties which would oppose the utilization purposes of Licensee. Humatic is not liable however for the licensed software and the licensed know-how being free of rights of third parties. (e) If Licensee is accused by third parties of infringing intellectual property rights due to the use of the licensed software or the licensed know-how, Humatic promises to provide Licensee with information and documents in defense against such claims as far as Humatic is able to do so without breach of third party obligations and while maintaining its own confidentiality interests. All costs involved in such activities shall be borne by Licensee. (d) Humatic however will provide software support like the remedies of defects to a reasonable extend for adequate consideration. A separate agreement shall be made for this purpose if necessary and if in interest of both parties. Warranty shall not be excluded for defects of the Software which have been concealed by Humatic fraudulently or maliciously. 6. LIMITATION OF LIABILITY Humatics liability is limited to defects of title, intentional acting and gross negligence and is limited to the software modules ( classes) named in 2(a). There shall be no further reaching liability. This limitation of liability shall also apply to representatives and auxiliary persons (Erfllungsgehilfen) of Humatic. 7. BREACH AND TERMINATION. (a) This License is effective until terminated. This License may be terminated by either party for material breach hereof by the other which remains uncured thirty (30) days after notice of such breach. During this 30 days period the Licence and the accomplishment (performance) of the License is interrupted. (b) Upon termination of this Agreement due to breach, all rights and licenses granted hereunder shall immediately terminate and all Software and other Proprietary Information
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Humatic GmbH dsj - DirectShow <> Java wrapper License Agreement


of Humatic in the possession of Licensee or under its control, shall be immediately returned to Humatic. End user licenses properly granted pursuant to this Agreement shall not be diminished or abridged by the termination of this Agreement or the expiration of the license. 8. GOVERNING LAW. For all controversies out of this agreement the District Court of Berlin (Landgericht Berlin) shall have jurisdiction. The applicable law shall be the law of the Federal Republic of Germany.
9. NONDISCLOSURE

Both parties guarantee to handle all given technical, business and other information including the regulations of this agreement strictly confidential. 10. STANDARD TERMS & CONDITIONS Unless otherwise agreed in this or another document the Standard Business Conditions of the company Humatic Ltd to be found at http://www.humatic.de/htm_2/agb.html are valid .

___________________________ Humatic
(Date and signature)

_______________________________________________ Licensee
(Date and signature)

Humatic GmbH Sitz/Domicile: Leuschnerdamm 19 D-10999 Berlin Geschftsfhrer/ Directors: Christian Graupner & Nils Peters Registergericht/Court of Registry: Amtsgericht Charlottenburg HRB Nr./. Commercial Register No.: 77721 Tel 030 536 586 70 Fax 030 615 1219 Mobile: 0175 999 2908 SteuerNr / Tax No 29/403/2586 FA.f.Krperschaften III Berlin Ust-IDNr/ VAT ID: DE 2104 26530 Bank: Berliner Volksbank, BLZ 100 900 00, Konto Nr. 10004 30001 IBAN: DE54 1009 0000 1000 4300 01, SWIFT-Code: BEVODEBB website : www.humatic.de mail: info@humatic.de

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