StreamerNet - Terms

Terms

Notice for Software Available on the Streamernet Website

The software that is made available for downloading from this website (the “Software”) is owned by StreamerNet Corporation. This Software is protected by copyright laws, and is being made available solely for use by you in accordance with the following Software License Agreement terms and conditions. Any use, reproduction or redistribution of the Software that is not in accordance with the Software License Agreement is expressly prohibited by law, and may result in civil and criminal penalties.

Before reading the articles below, please take good notice of the following preliminary terms, which terms make use of some of the definitions as specified in Article 1 below:

Entering into this Agreement: This End User License Agreement constitutes a valid and binding agreement between StreamerNet Corporation (hereinafter StreamerNet) and You, as a user, for the use of the StreamerNet Mobile Video Producer. You must enter into this Agreement by clicking on the ACCEPT button in order to be able to install and use the StreamerNet Mobile Video Producer. Furthermore, by installing and (continuously) using the StreamerNet Mobile Video Producer, You agree to be bound by the terms of this Agreement and any new versions hereof.

Electronic Signatures and Agreement(s): You acknowledge and agree that by clicking on the ACCEPT button or similar buttons or links as may be designated by StreamerNet to show Your approval of any foregoing texts and/or to download and install the StreamerNet Mobile Video Producer, You are entering into a legal binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the StreamerNet Mobile Video Producer. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.

Jurisdiction’s Restrictions: if You are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this agreement according to age and You are under such a jurisdiction and under such age limit, You may not enter into this Agreement and download, install or use the StreamerNet Mobile Video Producer.

Article 1 Definitions

In this Agreement, the following capitalized definitions are being used, singular as well as plural.

1.1 Affiliate: any corporation, company or other entity that directly or indirectly controls, is controlled by, or is under common control with, StreamerNet. For the purpose of this definition, the word “control” shall mean the direct or indirect ownership of more than fifty percent (50%) of the outstanding voting stock of the corporation, company, or other entity.

1.2 Agreement: this End User License Agreement, as may be renewed, modified and/or amended from time to time.

1.3 API: application program interface that is included in or linked to the StreamerNet Mobile Video Producer.

1.4 Documentation: any online or otherwise enclosed documentation provided by StreamerNet.

1.5 Effective Date: the date on which this Agreement is entered into by clicking on the ACCEPT button as stated above or by downloading, installing and (continuously) using the StreamerNet Mobile Video Producer.

1.6 IP Rights: any and all intellectual property rights, including but not limited to copyrights, trademarks and patents, as well as know how and trade secrets contained in or relating to the StreamerNet Mobile Video Producer, the Documentation, the StreamerNet Website or the StreamerNet Promotional Materials.

1.7 StreamerNet: the company established under the laws of the Commonwealth of Kentucky, USA

1.8 StreamerNet Promotional Materials: any and all names, signs, logos, banners and any other materials, in whatever form, owned and/or used by StreamerNet for the promotion of its company, its products and activities.

1.9 StreamerNet Mobile Video Producer: the software distributed by StreamerNet for mobile streaming video applications, including without limitation the API, UI and Documentation, as well as any future programming fixes, updates and upgrades thereof.

1.10 StreamerNet Staff: the officers, directors, employees and agents of StreamerNet or its Affiliates, or any other persons hired by StreamerNet or its Affiliates in relation with the execution of this Agreement.

1.11 StreamerNet Website: any and all elements and contents of the website available - among other URL’s- under the URL www.streamernet.com, from which website the StreamerNet Mobile Video Producer can be downloaded.

1.12 UI: the user interface of the StreamerNet Mobile Video Producer.

1.13 You: you, the end user of the StreamerNet Mobile Video Producer, also used in the form “Your” where applicable.

Article 2 License and Restrictions

2.1 License. Subject to the terms of this Agreement, StreamerNet hereby grants You a limited, personal, non-commercial (at home or at work), non-exclusive, non-sublicensable, non-assignable, license to download, install and use the StreamerNet Mobile Video Producer on Your computer, for the sole purpose of fixed or mobile streaming video applications and any other applications that may be explicitly provided by StreamerNet.

2.2 No Granting of Rights to Third Parties. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the StreamerNet Mobile Video Producer.

2.3 No Modifications. You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the StreamerNet Mobile Video Producer.

2.4 Third Parties. You acknowledge and agree that the StreamerNet Mobile Video Producer may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. StreamerNet emphasizes that it will only incorporate such third party software or technology for the purpose of (a) adding new or additional functionality or (b) improving the technical performance of the StreamerNet Mobile Video Producer. Any such third party software or technology that is incorporated in the StreamerNet Mobile Video Producer falls under the scope of this Agreement. Any and all other third party software or technology that may be distributed together with the StreamerNet Mobile Video Producer will be subject to you explicitly accepting a license agreement with that third party. You acknowledge and agree that Your entering into this Agreement does not constitute entering into a contractual relationship with StreamerNet or its Affiliates regarding such third party software or technology and that you will look solely to the applicable third party and not to StreamerNet or its Affiliates to enforce any rights You may have.

2.5 New Versions of the StreamerNet Mobile Video Producer. StreamerNet, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the StreamerNet Mobile Video Producer. You acknowledge and agree that StreamerNet has no obligation to make available to You any subsequent versions of the StreamerNet Mobile Video Producer. You also agree that you may have to enter into a renewed version of this Agreement, in the event you want to download, install or use a new version of the StreamerNet Mobile Video Producer. Furthermore, you acknowledge and agree that StreamerNet, in its sole discretion, may modify or discontinue or suspend Your ability to use any version of the StreamerNet Mobile Video Producer, or terminate any license hereunder, at any time. StreamerNet also may suspend or terminate any license hereunder and disable any StreamerNet Mobile Video Producer You may already have accessed or installed without prior notice at any time.

2.6 Paid Services. This Agreement applies to downloading, installing and using the StreamerNet Mobile Video Producer, whether acquired at offered and accepted licensing fees or when provided free of charge. The use of any paid services which may be offered by StreamerNet or its Affiliates, are subject to the additional “Terms of Service” that may be provided in the course of Your downloading, installing and using the StreamerNet Mobile Video Producer.

Article 3 Exceptions to License Restrictions

3.1 Redistribution. You are not allowed to redistribute the StreamerNet Mobile Video Producer, unless You have agreed to and meet with the additional Terms of Resale and/or Distribution that may be made available from time to time.

3.2 Any other Exceptions. If You are interested in doing anything else than permitted under this Agreement or by the Distribution Terms, the API Terms or the StreamerNet Promotional Materials Terms, You will have to obtain StreamerNet’s written consent and agree on any further (commercial) terms.

Article 4 Permission to Utilize

4.1 Permission to utilize Your computer. In order to receive the benefits provided by the StreamerNet Mobile Video Producer, you hereby grant permission for the StreamerNet Mobile Video Producer to utilize the processor and bandwidth of Your computer for the limited purpose of facilitating the communication between You and StreamerNet Mobile Video Producer streaming media servers.

4.2 Protection of Your computer (resources). You understand that the StreamerNet Mobile Video Producer will use its commercially reasonable efforts to protect the privacy and integrity of Your computer resources and Your communication, however, You acknowledge and agree that StreamerNet cannot give any warranties in this respect.

Article 5 Confidentiality and Privacy

5.1 Your Confidential Information and Your Privacy. StreamerNet is committed to respecting Your privacy and the confidentiality of Your personal data. The “Privacy Policy” that is published on the StreamerNet Website applies to the use of Your personal data, the traffic data as well as the content contained in Your communication(s).

Article 6 IP Rights and Translations

6.1 Exclusive Ownership. You acknowledge and agree that any and all IP Rights are and shall remain the exclusive property of StreamerNet and its licensors. Nothing in this Agreement intends to transfer any IP Rights to, or to vest any IP Rights in, You. You are only entitled to the limited use of the IP Rights granted to You in this Agreement. You will not take any action to jeopardize, limit or interfere with the IP Rights. You acknowledge and agree that any unauthorized use of the IP Rights is a violation of this Agreement as well as a violation of intellectual property laws, including without limitation copyright laws, patent laws, trade secret laws and trademark laws.

6.2 No Removal of Notices. You agree that You will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or StreamerNet’s rights and ownership thereof.

6.3 Translations. You acknowledge and agree that the intellectual property rights regarding any translations made by You of any information on or accessible through the StreamerNet Website or as otherwise requested of You by StreamerNet at any time prior to or subsequent of the Effective Date will be and remain the sole and exclusive property of StreamerNet without any compensation to You. Insofar as necessary, this Agreement serves as a deed of assignment of all of Your right, title and interest in and to such translations to StreamerNet, notwithstanding Your obligation to cooperate with StreamerNet in order finalize any other deed upon StreamerNet’s first request. You hereby irrevocably waive to the extent permitted by law any moral rights relating to Your translations. You furthermore represent and warrant that (a) You are authorized to assign Your rights as stated above and (b) Your translations are correct and accurate and (c) the translations do not infringe upon any third parties’ rights, including but not limited to intellectual property rights.

Article 7 Communication and Your Use of the StreamerNet Mobile Video Producer

7.1 No Control. You acknowledge and understand that StreamerNet does not control, or have any knowledge of, the content of any video streaming presentation(s) spread by the use of the StreamerNet Mobile Video Producer. The content of the streaming video is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, indecent or otherwise objectionable. You acknowledge and agree that StreamerNet shall not be liable for any type of content or video presentation to which you may be exposed as a result of the StreamerNet Mobile Video Producer.

7.2 Lawful purposes. You acknowledge and agree to use the StreamerNet Mobile Video Producer solely for lawful purposes, and that You are solely responsible for the content that is caused to be transmitted or distributed by Your use of the StreamerNet Mobile Video Producer. Further, You acknowledge and agree that You are solely responsible for any and all violations of U.S. and non-U.S. laws and regulations, including but not limited to criminal, civil, privacy, communications, copyright, patent, trademark and trade secret laws and regulations, resulting from Your use of the StreamerNet Mobile Video Producer.

7.3 Intentional Transmission. You may not, without limitation (a) intercept or monitor, damage or modify any content or video presentation which is not intended for You, (b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the StreamerNet Mobile Video Producer or the transmission thereof, or (c) send any unsolicited commercial communication, video presentation or other content not permitted by applicable law.

Article 8 Term and (Consequences of) Termination

8.1 Term. This Agreement will be effective as of the Effective Date and will remain effective until terminated by either StreamerNet or You as set forth below.

8.2 Termination by StreamerNet. StreamerNet may terminate this Agreement at any time, with or without cause, by providing notice to You and/or by preventing Your access to the StreamerNet Mobile Video Producer, as set forth in Article 2.5 above.

8.3 Termination by You. You may terminate this Agreement at any time, with or without cause, provided that You will meet with the conditions as set forth in Article 8.4 below.

8.4 Consequences of Termination. Upon termination of this Agreement, You (a) acknowledge and agree that all licenses and rights to use the StreamerNet Mobile Video Producer shall terminate, and (b) will cease any and all use of the StreamerNet Mobile Video Producer, and (c) will remove the StreamerNet Mobile Video Producer from all hard drives, networks and other storage media and destroy all copies of the StreamerNet Mobile Video Producer in Your possession or under Your control.

Article 9 Your Representations and Warranties; Indemnification of StreamerNet

9.1 Representations. You represent and warrant that You are authorized to enter into this Agreement and comply with its terms. Furthermore, You represent and warrant that You will at any and all times meet with Your obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the StreamerNet Software.

9.2 Indemnification. . You agree to indemnify, defend and hold StreamerNet, its Affiliates and the StreamerNet Staff harmless from and against any and all liability and costs, including reasonable attorneys’ fees incurred by said parties, in connection with or arising out of Your (a) violation or breach of any term of this Agreement or any applicable law, regulation, policy or guideline, whether or not referenced herein, or (b) violation of any rights of any third party, or (c) use or misuse of the StreamerNet Mobile Video Producer software, or (d) use and/or modification of the API or (e) video presentations spread by means of the StreamerNet Mobile Video Producer software.

Article 10 Disclaimer of Warranties

10.1 No warranties. THE STREAMERNET MOBILE VIDEO PRODUCER SOFTWARE IS PROVIDED “AS IS”, WITH NO WARRANTIES WHATSOEVER; STREAMERNET DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE STREAMERNET SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE. STREAMERNET FURTHER DOES NOT REPRESENT OR WARRANT THAT THE STREAMERNET MOBILE VIDEO PRODUCER SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES STREAMERNET WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF VIDEO TRANSMISSIONS MADE THROUGH THE STREAMERNET MOBILE VIDEO PRODUCER SOFTWARE.

10.2 Your own Risk. You acknowledge and agree that the entire risk arising out of the use or performance of the StreamerNet Software remains with You, to the maximum extent permitted by law.

10.3 Jurisdiction’s Limitations. As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You.

Article 11 Limitation of Liability

11.1 No Liability.The StreamerNet Software is being provided to You free of charge. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT STREAMERNET, ITS AFFILIATES AND THE STREAMERNET STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE STREAMERNET MOBILE VIDEO PRODUCER SOFTWARE, AS SET FORTH BELOW.

11.2 Limitation of Liability. IN NO EVENT SHALL STREAMERNET, ITS AFFILIATES OR THE STREAMERNET STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE STREAMERNET MOBILE VIDEO PRODUCER SOFTWARE, EVEN IF STREAMERNET, ITS AFFILIATES OR THE STREAMERNET STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.3 Remedy. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE STREAMERNET SOFTWARE IS TO DEINSTALL AND CEASE USE OF SUCH STREAMERNET SOFTWARE.

11.4 Jurisdiction’s Limitations. As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You.

Article 12 General Provisions

12.1 New versions of the Agreement. StreamerNet reserves the right to modify this Agreement at any time by providing such revised Agreement to You or by publishing the revised Agreement on the StreamerNet Website. Your continued use of the StreamerNet Software shall constitute Your acceptance to be bound by the terms and conditions of the revised Agreement.

12.2 Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between You and StreamerNet with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.

12.3 Partial Invalidity. Should any term or provision hereof be deemed invalid, void or enforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect.

12.4 No waiver. The failure of StreamerNet at any time or times to require performance of any provisions hereof shall in no manner affect its right at a later time to enforce the same unless the same is explicitly waived in writing and signed by StreamerNet.

12.5 No Assignment by You. You are not allowed to assign this Agreement or any rights hereunder.

12.6 Assignment by StreamerNet. StreamerNet is allowed to at its sole discretion assign this Agreement or any rights hereunder to any Affiliate, without giving prior notice.

12.7 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, USA without giving effect to the conflict of laws or provisions of Virginia or Your actual state or country of residence.

12.8 Competent Court. Any legal proceedings arising out of or relating to this Agreement will be subject to the exclusive jurisdiction of any court within the Commonwealth of Virginia.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE STREAMERNET SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO STREAMERNET THE RIGHTS SET FORTH HEREIN.