END USER LICENSE AGREEMENT
FOR VIMAS TECHNOLOGIES
IMPORTANT
– READ CAREFULLY: This is End User License Agreement (this “Agreement”) is
legal contract between you and VIMAS Technologies. It contains limitations on
warranties and liability. This software product and related documentation on
the enclosed media (collectively the "Product" as further described
below) is offered to you by VIMAS Technologies only for use in accordance with
the terms and conditions of this Agreement. Read before installing or using
this Product.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT ATTEMPT TO INSTALL OR USE THE PRODUCT.
IF YOU WOULD LIKE TO CHANGE THE TERMS AND CONDITIONS OF THIS AGREEMENT ACCORDINGLY TO YOUR BUSINESS, PLEASE, CONTACT US FOR DISCUSSIONS.
PRODUCT DESCRIPTION. The VIMAS Technologies software (the “Software”) is a system of embedding streaming audio into a web page. The Product is comprised of a encoder program (“Encoder”), which converts digital audio into the VIMAS Technologies streaming format; java applet (“Player”) which requests and receives the streaming audio (the “Clip”), decodes it for playback via the listener’s computer sound card and speaker system. The Player is embedded in a web page and can be enabled automatically when the web page is accessed or may require the web page visitor to click on a graphical interface (“Player Control Panel”).
1.
LICENSE GRANT:
VIMAS
Technologies grants to you a non-exclusive, non-transferable, royalty-free
license to utilize the Software on a website for the following conditions:
1.1
Utilize
the Software on the single Authorized Web Site located at the Uniform Resource
Locator (URL) address that you have registered, for the sole purpose of
allowing visitors to activate the Player to play the Clip linked to the web
page(s) and created by you.
1.2
Utilize
the Software on the number of web pages within Authorized Web Site and with
maximal total Clip time in accordance with the license fees set out in the
order form for the Product provided by VIMAS Technologies.
1.3
Reproduce
the Product only as reasonably required to install and execute it as licensed
above and to follow your normal back-up practices.
2. RESTRICTIONS ON USE:
Unless expressly permitted by this Agreement or otherwise by applicable law, you shall not:
2.1 reproduce, modify, adapt, translate, update or transmit the Product, in whole or in part;
2.2 sell, rent, lease, license, transfer, or otherwise provide access to the Product;
2.3 use Product for Application Service Providing purposes.
2.4 alter, remove, or cover trademarks or proprietary notices in or on the Product;
2.5 use Product without proprietary notices when you use Product with JavaScript interface. The example of proprietary notice: “Voice streaming powered by VIMAS Technologies” and link to www.vimas.com .
2.6 make the Product accessible to visitors on a non-authorized web site, or on an Authorized Site where the number of web pages within the Authorized Site which contain Clips exceeds the number of web pages which are permitted to contain Clips, as specified in either case by the license type and corresponding license fees set forth in the Order Form;
2.7 make the Product accessible to visitors on an Authorized Site where total Clip time exceeds the total Clip time permitted by the license type and corresponding license fees set forth in the Order Form;
2.8 decompile, disassemble, decrypt, extract or otherwise attempt or assist others to reverse engineer the Product.
3. OWNERSHIP.
The Product contains copyrighted material and, in its human readable form,
trade secrets owned by or licensed to VIMAS Technologies. By paying to acquire
a copy of the Product, you do not become the owner of it. Subject to the
license expressly granted above, you obtain no right, title, interest or other
license in or to the Product, including but not limited to any copyright,
patent, trade secret, trade-mark, or other proprietary rights therein. All whole
and partial copies of the Product remain the property of VIMAS Technologies and
will be considered part of the Product for the purpose of this Agreement. All
copies of the Product must bear all copyright and other proprietary rights
notices which appear on the Product as originally provided by VIMAS
Technologies. Reseller reserves the
right to audit and review any web site that you operate to verify compliance
with the provisions of this Agreement and the licenses granted herein.
4.
"AS IS" WARRANTY.
THE
SOFTWARE AND THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES
OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
5.
TERMINATION:
The
license will terminate automatically if you fail to comply with the limitations
described herein. On termination of this license, you must destroy all copies
of the Software in your possession or control.
6.
LIMITATION OF LIABILITY:
UNDER
NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL
COPIA OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN
IF COPIA SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.