Flowplayer OEM License. Version 0.6
Copyright © 2013-2018 Flowplayer Ltd, all rights reserved
Please read this License carefully before using, downloading or installing the Software (Flowplayer, as defined below). By using, downloading or installing the Software, Licensee is agreeing to be bound by this License and the licenses granted hereunder are subject to compliance with any and all terms of this License. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE, DO NOT USE, DOWNLOAD, INSTALL OR DISTRIBUTE ANY OF THE LICENSED SOFTWARE.
Terms and Definitions
Licensed Software and Software mean the licensed Flowplayer version 3.x or 5.x and all bug-fix releases for it.
Integrating Product means the Licensee's product where the Licensed Software will be integrated to.
Adaptation means a derivative work based upon the Licensed Software resulting from any addition to, editing of or deletion from the substance or structure of the original source code or a compiled version of the Licensed Software or any previous Adaptations or a work that programmatically interacts with the Licensed Software.
Binary means the compiled SWF file that results when compiling the sources of the Licensed Software or the sources of an Adaptation.
Distribute means to make available to the public the original and copies of the Licensed Software or Adaptation, as appropriate, through sale or other transfer of ownership.
License means this document.
License Key means an alphanumeric key that is used to activate the Software.
Licensor hereby grants the Licensee a non-exclusive, non-transferable, non- assignable license, without the right to sublicense to:
Access, display, integrate and use the Licensed Software with their Integrating Product product
Make an Adaptation and integrate the Adaptation with their Integrating Product product and then distribute the Integrating Product product according to the terms described above.
- Generate and configure License Keys for the sole purpose of allowing the Licensed Software or Adaptation of the Licensed Software to function as integrated with the Integrating Product. Licensor hereby grants the Licensee a non-exclusive, worldwide, royalty-free, non-transferable, non-assignable patent license, without the right to sublicense, under any patent rights the Licensor holds in the Software to use, run, and modify the Software with the Integrating Product product, provided that any Adaptation made to the Software does not remove the License Key logic from the Software so that the Adaptation only functions if a valid license key has been configured for it.
The Licensee does not have the right to:
Distribute or sell the Licensed Software
Distribute the source code of the Licensed Software.
Remove the license key logic from the Licensed Software.
Disclose the license key algorithm to any third party.
- Generate license keys using the license key algorithm for any purpose other than allowing the Licensed Software or Adaptation of the Licensed Software that has been integrated with the Integrating Product product to function as integrated with the Integrating Product product.
All rights not expressly granted by this Agreement are expressly reserved by Licensor.
Maintenance and additional releases
This License applies to the Software version purchased by the Licensee. Additional later versions released by the Licensor are not part of this License. The Licensee is entitled to receive all additional bug-fix releases that get released for the Licensed Software. Feature releases are not covered by this License.
Protection of Licensed Software
Except as specifically set forth herein or as otherwise agreed to between Licensor and Licensee, Licensee shall not have the right to copy, relicense, sell, lease, transfer, encumber, assign or make available for public use the Software. Any attempt to take any such actions is void, and will automatically terminate Licensee's rights under this License.
Licensee shall use its best efforts to ensure that no unauthorized copy of the Licensed Programs shall be made, in whole or in part, in any form. Licensee shall prohibit all users of the Software from modifying, reverse-engineering or disassembling any part of the Software. All rights not expressly granted by Licensor are hereby reserved.
Licensee hereby acknowledges that the license key algorithm is a trade secret of Licensor. Licensee hereby acknowledges that unauthorized distribution or sale of the Licensed Software, distribution of the source code of the Licensed Software, removal of the license key logic from the Licensed Software, or disclosure of the license key algorithm could cause irreparable harm and significant injury to Licensor, which may be difficult to ascertain. Accordingly, Licensee agrees that the Licensor shall have the right to seek and obtain immediate injunctive relief from breaches of this Agreement, in addition to any other rights and remedies it may have.
Termination of the license
This license is subject to termination by Licensor at any time if (a) Licensee violates any terms of this License, (b) Licensor has a reasonable basis to believe that licensee's business is impairing licensor's business. *Ownership of Intellectual Property
Licensor is the sole owner of all intellectual property rights pertaining to the Licensed Software. Licensor reserves all rights not expressly granted herein.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE LICENSED SOFTWARE IS PROVIDED TO YOU "AS IS," WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. LICENSOR DISCLAIMS ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, ANY WARRANTIES OR CONDITIONS OF TITLE, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PROGRAM; THAT THE PROGRAM WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE PROGRAM WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR THAT ANY ERRORS IN THE PROGRAM WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY LICENSOR OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
LICENSEE IS SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING AND DISTRIBUTING THE LICENSED SOFTWARE AND ASSUMES ALL RISKS ASSOCIATED WITH ITS EXERCISE OF RIGHTS UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE RISKS AND COSTS OF PROGRAM ERRORS, COMPLIANCE WITH APPLICABLE LAWS, DAMAGE TO OR LOSS OF DATA, PROGRAMS OR EQUIPMENT, SUITABILITY FOR HOSTING AND UNAVAILABILITY OR INTERRUPTION OF OPERATIONS.
Limitation of Liability
Except to the extent required by applicable law, THE CUMULATIVE, AGGREGATE LIABILITY OF LICENSOR TO LICENSEE FOR ALL CLAIMS RELATED TO THE LICENSED SOFTWARE AND THIS AGREEMENT, WILL NOT EXCEED THE TOTAL AMOUNT OF ALL LICENSE FEES PAID TO LICENSOR HEREUNDER. LICENSOR WILL NOT IN ANY CASE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES ARISING IN ANY WAY OUT OF THE USE OF THE PRODUCT, THE SERVICES OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFIT, LOST REVENUE, LOSS OF USE, LOSS OF DATA, COSTS OF RECREATING LOST DATA, THE COST OF ANY SUBSTITUTE EQUIPMENT, PROGRAM, OR DATA, OR CLAIMS BY ANY THIRD PARTY, INCLUDING WITH LIMITATION THIRD PARTY CLAIMS OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, INFRINGEMENT OF COPYRIGHT, TRADEMARK, PATENT, OR TRADE SECRETS, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSEE'S SOLE AND EXCLUSIVE REMEDY IS SET FORTH IN THIS AGREEMENT. THE LIMITATION ON DAMAGES SET FORTH IN SECTION WILL NOT APPLY TO INDEMNIFICATION OBLIGATIONS OR BREACHES BY LICENSEE.
Licensee shall indemnify Licensor, its employees, officers, licensees and agents for all damages, costs and expenses, including, without limitation, attorneys' fees, arising from any claims arising as a result of Licensee's use of the Licensed Software, either as provided, as Adapted by Licensee, or as integrated with the Integrating Product product.
Licensee agrees and certifies that it will not export or re-export, directly or indirectly, the Licensed Software contrary to the laws of the United States or any other country.
If for any reason a court of competent jurisdiction finds any provision of this License or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.
This License shall be governed by the laws of Finland. Any disputes arising under this License shall be heard in the city of Espoo, Finland.
This License constitutes the entire agreement between Licensor and Licensee with respect to the use of the Licensed Software and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No one other than Licensor has the right to modify or amend this License.
Waiver of Breach
No term or provision of this License shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by Licensor.