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SYMPHOLIGHT



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End User License Agreement for SYMPHOLIGHT Software (“EULA”)

 

This End User License Agreement (“EULA”) is a legal agreement between you (as either individual or a single entity, “You”) and OSRAM GmbH, Marcel-Breuer-Str. 6, 80807 Munich, Germany (“OSRAM”) that governs the use of the SYMPHOLIGHT Software. You should carefully read the EULA and click “accept” if you fully accept and agree to all of the provisions of this EULA. If you do not accept all of the terms of this EULA, you have no right to use the SYMPHOLIGHT Software. By clicking on “accept”, or using the SYMPHOLIGHT Software, you confirm that you have read the EULA and consent to be bound by all of its terms and conditions.

 

Preamble

 

The SYMPHOLIGHT Software (“Software”) is a lighting control software provided in executable format unless explicitly stipulated otherwise for certain software modules. It provides light control, light scene programming, light scene edition and light scene execution features. The Software can be used in its demonstration version. Subject to procurement of a license key dongle (“Dongle”), a hardware USB device which enables dedicated features within the Software on a certain target hardware, the Software can also be in its full version. The Software is provided together with the related documentation (“Documentation”). The Software and the Documentation are provided free of charge.

 

I. License Grant and License Restrictions; Open Source and Third Party Software

 

Subject to the terms and conditions of this EULA, You are hereby granted the non-exclusive, non-transferrable, non-sublicensable, worldwide right to (i) use and have used the Software and the Documentation for internal evaluation, test and demonstration purposes, (ii) use and have used the Software and the Documentation for the purpose of simulating and programming light scenes and (iii) to copy, have copied, distribute, have distributed, sublicense and have sublicense the Software and the Documentation to Your customers (“End Customer(s)”) together with related configuration files, granting the End Customers the right to use and have used the Software together with the Documentation for the sole purpose of light scene programming and light control in its own systems.

Your right to distribute and sublicense the Software as stipulated under (iii) above is subject to the procurement of one (1) Dongle per installation on a target hardware at an End Customer. It is also subject to legally binding, written license agreements the terms and conditions of which are (a) not less stringent than those of this EULA and (b) concluded in a way that OSRAM is a third party beneficiary with respect to the terms and conditions set forth for the licensing and protection of the Software and Documentation. Other than those explicitly stipulated herein, You are not granted any rights to the Software and the Documentation. Unless explicitly allowed by applicable mandatory law, you are not entitled to disassemble, reverse engineer, decompile and/or modify the Software or any part thereof. In addition thereto, You must not - and shall prevent others from doing so - disassemble, reverse engineer or decompile the Dongle for any reason other than as allowed according to mandatory law. The Software may contain freeware, shareware or open source software. No license fee is charged to You for the use of such freeware, shareware or open source software (“Open Source Software”). You acknowledge and agree that OSRAM provides no warranties and shall have no liability whatsoever in respect of Your possession and/or use of the freeware, shareware or Open Source Software. Regarding such portions of Software, You hereby accept the specific license conditions either being part of the Documentation or otherwise provided by OSRAM (“Open Source Conditions”). Upon Your request, OSRAM provides a copy of the source code of the Open Source Software, if required by the Open Source Conditions. To the extent there is a conflict between this EULA and the Open Source Conditions, the terms of the Open Source Conditions shall prevail over the terms and conditions of this EULA with regard to the Open Source Software.

The Software contains third party software modules (“Third Party Software”). Such Third Party Software is provided under the terms and conditions as set forth herein unless otherwise explicitly stated herein. With respect to the Third Party Software Sentinel HASP licensed by Safenet, Inc. (“Sentinel HASP Software”) and contained in the Software, please note that SafeNet is not and shall not, under any circumstances, be responsible or liable in any way for the Software, including, without limitation, with respect to extended license terms and provision of maintenance for any software elements and/or computer programs which are not the SafeNet Software. The Sentinel HASP Software integrated into the Software contains the Open SSL Toolkit which includes the OpenSSL software, as set forth in Exhibit A, the Original SSLeaysoftware, as set forth in Exhibit B, LLVM (http://opensource.org/licenses/UoI-NCSA.php), as set forth in Exhibit C, LLJVM subproject (http://da.vidr.cc/projects/lljvm/), and BEA Engine (http://www.beaengine.org/licence). It also uses Taggant Toolkit to sign binaries, which includes the OpenSSL software, as set forth in Exhibit A, the Original SSLeaysoftware, as set forth in Exhibit B, and IEEE software as set forth in Exhibit D. Such Sentinel HASP third party software modules are provided at the terms and conditions as set forth in Exhibit A, Exhibit B, and Exhibit C. If the Sentinel HASP Software contains any software provided by third parties other than the software noted in Exhibit A, Exhibit B, and Exhibit C, such third party's software are provided at the terms of the provisions and condition set forth in the agreements contained/attached to such software. In the event such agreements are not available, such third party's software is provided at the terms and conditions of this Agreement as if they were Sentinel HASP Software.

The Software contains the H.264 / AVC Codec-License by MPEG LA, which is mentioned in Exhibit E.

Certain programs of the Software and/or the Documentation may be proprietary to third party licensors of OSRAM who may be direct and intended third party beneficiaries of certain terms and conditions herein relating to the protection of such Third Party Software and/or Documentation. You agree that those third party beneficiaries may enforce these terms and conditions directly against the You.

 

II. Intellectual Property

 

The Software and the Documentation, including all content, information, photographs, illustrations, graphics, names and logos contained therein, if any, are the property of OSRAM GmbH and/or its licensors and are protected by copyright and trademark laws and other intellectual property rights.

The word and device trademark OSRAM, other product trademarks, illustrations and logos identify OSRAM products and are the property of OSRAM.

You shall maintain, reproduce and include in all full or partial copies of the Software and Documentation all notices and legends (including copyright and trademark notices) included in the Software and Documentation as received from OSRAM. Other than explicitly stated herein, nothing contained in the above shall be construed as granting, by implication or otherwise, any license or right to use any patent, trademark or any other intellectual property right of OSRAM GmbH, nor does it grant any license or rights to use any copyrights or other rights related to the materials described above except as explicitly stated.

 

III. Hyperlinks

 

The software may contain hyperlinks to web pages or similar links. While OSRAM will carefully inspect the linked pages when creating the reference, it can by no means make sure that their content will be as expected on time of visit. Therefore, we cannot take any responsibility for the contents of the referred pages.

 

IV. Software Maintenance

 

OSRAM may generate updates fixing defects in the Software (“Update(s)”), upgrades adding certain features to the Software (“Upgrade(s)”) or new versions of the Software (“New Version(s)”). Information about new Updates and Upgrades will be shown by the Software. Upon Your request, OSRAM will make available any new Update and Upgrade to You for licensing under the terms and conditions of this EULA. New Versions are available to You at reasonable terms and conditions to be mutually agreed upon.

 

V. Consideration

 

The demonstration version of the Software is free of charge. The full version of the Software is subject to procurement of a Dongle or Dongles from OSRAM. The Dongles are available upon request under the following regional contact addresses:

 

Europe: info.europe@traxontechnologies.com

 

NAFTA: info@traxon-usa.com

 

APAC: info@traxontechnologies.com

 

VI. Warranty

 

OSRAM warrants that (i) the Software will substantially provide the key functions described in the Documentation, meet the acknowledged state of the art and will be free of defects deteriorating or decreasing the value or the fitness for the use in accordance with Section I above and (ii) the Documentation will be up to date, complete and free from errors.

The warranty period is twelve (12) months and begins upon delivery of the Software and Documentation (“Warranty Period”). In the event that a copy of the Software or the Documentation fails to meet the above warranties (“Defect”), OSRAM will either correct the respective copy or deliver an Update remedying such Defect during the Warranty Period.

This warranty shall not apply to copies of the Software not provided by OSRAM. Warranty claims are also excluded (a) in case of insignificant deviation of the Software from the agreed characteristics, (b) if the Defect is not reproducible, (c) for errors or restrictions of use originating after the transfer of risk to You, in particular resulting from improper operation, usage or handling, disregard of the Documentation, (d) for errors or restrictions of use resulting from improper interconnection with and/or integration into third party equipment, unless such interconnection and integration was performed by OSRAM or its subcontractors, (e) if You or any other third party modifies, maintains or services the Software without the written approval of OSRAM.

 

VII. Viruses

 

While OSRAM will implement utmost care to prevent any destructive or otherwise harmful programs from becoming part of the Software, OSRAM cannot assure the safety of the Software. It is your responsibility to take all necessary preventive measures and actions.

 

VIII. Third Party Claims

 

If a claim, suit, action or proceeding is brought against You by a third party alleging that Your use of the Software infringes such third party’s patent(s) and/or copyright(s) (“Claim”), the following shall apply:

If, as a result of such a Claim, You become enjoined or it is likely, in OSRAM’s reasonable opinion, that You will become enjoined from using the Software and OSRAM has caused the infringement wilfully or negligently, OSRAM shall at its election and its cost - except as set forth below in this Article, and subject to the conditions and limitations stated below in this Article: (i) procure for You the right to use the Software or (ii) provide You with a non-infringing replacement product or modify the Software so that it becomes non-infringing, provided that the replacement product or modified Software, as applicable, meets substantially the same functional specifications as the Software. Upon OSRAM’s execution of one of the options set out in this Section, OSRAM shall be relieved of any further obligation or liability to You as a result of any such infringement.

You will take all reasonable steps to cooperate with OSRAM in OSRAM’s efforts to mitigate any potential damages, costs and expenses incurred by OSRAM under this provision.

OSRAM shall only be liable as set out herein above if You give OSRAM prompt written notice of any alleged or threatened Claims, allow OSRAM on its request to control the defense and/or settlement of such Claim, do not consent to any judgment or decree or do any other act in compromise of any Claim without first obtaining OSRAM’s written consent and provides to OSRAM all reasonable cooperation and information as may be requested by OSRAM. OSRAM shall not be liable with respect to any Claims arising out of or relating to either (a) use or incorporation in any Software of any design, technique, modification or specification originating with, furnished or requested by You; or (b) the combination with or incorporation into the Software or elements thereof with any other product, software, or subassembly not supplied by OSRAM for such purpose if such infringement would not have occurred without such combination;(c) the modification of Software by You or any person or entity other than OSRAM; (d) any of Your applications or a third party application; (e) the use of Software other than as permitted under this EULA; or (f) use or distribution of other than the most current Update, Upgrade or New Version of the Software (if such infringement or claim would have been prevented by the use of such Update, Upgrade or New Version). You are bound to defend, indemnify and hold OSRAM harmless against any and all claims arising for infringement of any third party rights arising out of or relating to Your designs, techniques, modifications, specifications, combinations of Software with other product, software and/or subassembly.

UNLESS THE INFRINGEMENT HAS BEEN CAUSED INTENTIONALLY, WITH GROSS NEGLIGENCE OR BY BREACH OF A MATERIAL CONTRACTUAL OBLIGATION, THE FOREGOING SECTIONS STATE THE ENTIRE LIABILITY OF OSRAM AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, EITHER STATUTORY OR EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY PATENT RIGHTS, COPYRIGHTS, UTILITY MODELS, DESIGN PATENTS, MASK WORK RIGHTS, MORAL RIGHTS, TRADE SECRETS, TRADEMARKS, TRADE NAMES, SERVICE MARKS, KNOW-HOW AND ANY OTHER SIMILAR RIGHTS OR INTANGIBLE ASSETS RECOGNIZED UNDER ANY LAWS OR INTERNATIONAL CONVENTIONS, AND IN ANY COUNTRY OR JURISDICTION IN THE WORLD AS INTELLECTUAL CREATIONS TO WHICH RIGHTS OF OWNERSHIP ACCRUE, AND ALL REGISTRATIONS, APPLICATIONS, DISCLOSURES, RENEWALS, EXTENSIONS, CONTINUATIONS OR REISSUES OF THE FOREGOING NOW OR HEREAFTER IN FORCE. EXCEPT AS EXPRESSLY STATED IN THIS ARTICLE, ALL WARRANTIES AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS AS MENTIONED BEFORE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ANY LIABILITY REGARDING SUCH INTELLECTUAL PROPERTY RIGHTS SHALL BECOME BARRED TWELVE (12) MONTHS AFTER THE DELIVERY OF THE RESPECTIVE PRODUCT TO YOU.

Section IX (Liability) is applicable to OSRAM’s liability according to this section VIII.

 

IX. Liability

 

OSRAM’s liability under this EULA shall not be limited as far as the damage has been caused by intent and/or gross negligence. It shall also not be limited for all claims arising from the Product Liability Act (Produkthaftungsgesetz). Should OSRAM negligently breach an essential or cardinal obligation, OSRAM’s liability is limited to the amount of the typically arising and foreseeable damages. In all other cases than those stipulated above or except as otherwise explicitly stipulated in this EULA, claims for damages against OSRAM shall be excluded. This exclusion also includes the personal liability of employees, legal representatives and vicarious agents.

 

X. Confidentiality

 

The Software, the Documentation and the Dongle are or contain confidential information (“Confidential Information”). You are bound to treat the Confidential Information as confidential and not disclose it in any way or form to anyone except your employees who reasonably need to know such Confidential Information for the implementation of Software and who are bound to confidentiality either by their employment agreement or otherwise to an extent not less stringent than the obligations under this EULA.

 

XI. Export Control

 

The export of certain information, Software and Documentation may, e.g. due to its nature or intended use or final destination, be subject to authorisation. You are obliged to strictly conform to the export regulations for information, software and documentation, in particular with those of the EU as well as the individual EU member states and the USA. When providing Software and Documentation, OSRAM will label such information, Software and Documentation requiring authorisation in accordance with German and EU export control lists and the U.S. Commerce Control List.

 

XII. Term

 

Both OSRAM and You may terminate this EULA, in addition to any other remedies it may have, if the other party is in default of a material obligation under this EULA and fails to cure such default within thirty (30) days following its receipt of written notice of the default. Within thirty (30) days following termination of this EULA, whether terminated by You or OSRAM, You must destroy all copies of the Software and the Documentation or else return all copies to OSRAM. Notwithstanding the foregoing, each party may terminate this EULA for material cause.

 

XIII. Assignment

 

Neither the rights nor the obligations of this EULA may be assigned or transferred in any manner, except with the prior written consent of the other party and except as part of a transfer of all or of a substantial part of the activities to which the subject matter of this EULA pertains whether by sale, merger or consolidation provided, however, that OSRAM may assign any and all of its rights and obligations without Your prior written to an OSRAM Affiliate. In case of such a transfer the respective arty shall take care that the transferee, assignee or successor will comply with this EULA

 

IXX. Dispute Resolution and Applicable Law

 

The place of jurisdiction shall be Munich if You are a merchant in terms of the German Commercial Code (Handelsgesetzbuch). This EULA shall be governed by German law. The application of the German Uniform Code on the Formation of Contracts for the International Sale of Movable Goods of 17 July 1973 and the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded.

 

Exhibit A - Open SSL License

 

Notices

Copyright (c) 1998-2011 The OpenSSL Project. All rights reserved.

 

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

 

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

 

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

 

3. All advertising materials mentioning features or use of this software must display the following acknowledgment: “This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit. (http://www.openssl.org/)”

 

4. The names “OpenSSL Toolkit” and “OpenSSL Project” must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact openssl-core@openssl.org.

 

5. Products derived from this software may not be called “OpenSSL” nor may “OpenSSL” appear in their names without prior written permission of the OpenSSL Project.

 

6. Redistributions of any form whatsoever must retain the following acknowledgment: “This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/)”

 

DISCLAIMER OF WARRANTY

 

THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OpenSSL PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. This product includes cryptographic software written by Eric Young * (eay@cryptsoft.com). This product includes software written by Tim * Hudson (tjh[at]cryptsoft.com).

 

Exhibit B - Original SSLeay License

 

Notices

 

Copyright (C) 1995-1998 Eric Young (eay@cryptsoft.com). All rights reserved.

 

This package is an SSL implementation written by Eric Young (eay@cryptsoft.com).

 

The implementation was written so as to conform with Netscapes SSL.

 

This library is free for commercial and non-commercial use as long as the following conditions are adhered to. The following conditions apply to all code found in this distribution, be it the RC4, RSA, lhash, DES, etc., code; not just the SSL code. The SSL documentation included with this distribution is covered by the same copyright terms except that the holder is Tim Hudson (tjh@cryptsoft.com).

 

Copyright remains Eric Young's, and as such any Copyright notices in the code are not to be removed.

 

If this package is used in a product, Eric Young should be given attribution as the author of the parts of the library used.

 

This can be in the form of a textual message at program startup or in documentation (online or textual) provided with the package.

 

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

 

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

 

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

 

3. All advertising materials mentioning features or use of this software must display the following acknowledgment: “This product includes cryptographic software written by Eric Young (eay@cryptsoft.com)”.

 

4. If you include any Windows specific code (or a derivative thereof) from the apps directory (application code) you must include an acknowledgement: “This product includes software written by Tim Hudson (tjh[at]cryptsoft.com)”

 

DISCLAIMER OF WARRANTY.

 

THIS SOFTWARE IS PROVIDED BY ERIC YOUNG ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

 

The license and distribution terms for any publicly available version or derivative of this code cannot be changed. i.e. this code cannot simply be copied and put under another distribution license [including the GNU Public License.]

 

Exhibit C - University of Illinois/NCSA Open Source License

Copyright (c) 2003-20010 University of Illinois at Urbana-Champaign. All rights reserved.

 

Developed by: LLVM Team

 

University of Illinois at Urbana-Champaign.

 

llvm.org

 

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal with the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

 

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimers.

 

Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimers in the documentation and/or other materials provided with the distribution. Neither the names of LLVM Team, University of Illinois at Urbana-Champaign, nor the names of its contributors may be used to endorse or promote products derived from this Software without specific prior written permission.

 

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE CONTRIBUTORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS WITH THE SOFTWARE.

 

Exhibit D - IEEE License

This software was developed by The Institute of Electrical and Electronics Engineers, Incorporated (IEEE), through the Industry Connections Security Group (ICSG) of its Standards Association. Portions of it include software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/), and those portions are governed by the OpenSSL Toolkit License.

 

IEEE License

 

Copyright (c) 2012 IEEE. All rights reserved.

 

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

 

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

 

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

 

3. All advertising materials mentioning features or use of this software must display the following acknowledgment: "This product includes software developed by the IEEE Industry Connections Security Group (ICSG".

 

4. The name "IEEE" must not be used to endorse or promote products derived from this software without prior written permission from the IEEE Standards Association (stds.ipr@ieee.org).

 

5. Products derived from this software may not contain "IEEE" in their names without prior written permission from the IEEE Standards Association (stds.ipr@ieee.org).

 

6. Redistributions of any form whatsoever must retain the following acknowledgment: "This product includes software developed by the IEEE Industry Connections Security Group (ICSG)".

 

DISCLAIMER OF WARRANTY

 

THIS SOFTWARE IS PROVIDED "AS IS" AND "WITH ALL FAULTS." IEEE AND ITS CONTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION: (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ANY WARRANTY OF NON-INFRINGEMENT; AND (C) ANY WARRANTY WITH RESPECT TO THE QUALITY, ACCURACY, EFFECTIVENESS, CURRENCY OR COMPLETENESS OF THE SOFTWARE. IN NO EVENT SHALL IEEE OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE. THIS SOFTWARE USES STRONG CRYPTOGRAPHY, WHICH MAY BE SUBJECT TO LAWS AND REGULATIONS GOVERNING ITS USE, EXPORTATION OR IMPORTATION. YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE LAWS AND REGULATIONS, INCLUDING, BUT NOT LIMITED TO, ANY THAT GOVERN YOUR USE, EXPORTATION OR IMPORTATION OF THIS SOFTWARE. IEEE AND ITS CONTRIBUTORS DISCLAIM ALL LIABILITY ARISING FROM YOUR USE OF THE SOFTWARE IN VIOLATION OF ANY APPLICABLE LAWS OR REGULATIONS.

 

Exhibit E – MPEG LA License

 

THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL USE OF A CONSUMER OR OTHER USES IN WHICH IT DOES NOT RECEIVE REMUNERATION TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM

 

Ich akzeptiere die Lizenzvereinbarung.