Download EULA Presentations 2Go Pro-Lite

PRESENTATIONS 2GO PRO, -LITE, -EDITOR END-USER LICENSE AGREEMENT
ATTENTION: YOU MAY NEED TO SCROLL DOWN TO THE END OF THIS EULA
BEFORE YOU CAN AGREE TO THE EULA AND CONTINUE WITH THE SOFTWARE
INSTALLATION
IMPORTANT: THIS AGREEMENT (or "EULA") IS A LEGAL AGREEMENT BETWEEN
THE PERSON, COMPANY, OR ORGANIZATION THAT HAS LICENSED THIS
SOFTWARE ("YOU" OR "CUSTOMER") AND LEARNING VALLEY. BY INSTALLING AND
USING THE SOFTWARE, CUSTOMER ACCEPTS THE SOFTWARE AND AGREES TO
THE TERMS OF THIS AGREEMENT.
READ IT CAREFULLY BEFORE COMPLETING
THE INSTALLATION PROCESS AND USING THE SOFTWARE. BY INSTALLING
AND/OR USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF
THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS
AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, OR DO
NOT HAVE AUTHORITY TO BIND CUSTOMER TO THESE TERMS, THEN DO NOT
INSTALL AND/OR USE THE SOFTWARE AND RETURN THE SOFTWARE TO YOUR
PLACE OF PURCHASE FOR A FULL REFUND IN ACCORDANCE WITH ITS REFUND
POLICIES.
THIS EULA SHALL APPLY ONLY TO THE SOFTWARE SUPPLIED BY LEARNING
VALLEY HEREWITH REGARDLESS OF WHETHER OTHER SOFTWARE IS REFERRED
TO OR DESCRIBED HEREIN.
1.
Definitions
(a)
"Learning Valley" means Learning Valley B.V. and its licensors, if any.
(b)
"Trial Version" means a version of the Software, so identified, to be used only to
review, demonstrate and evaluate the Software for a limited time period. The Trial Version
may have limited features, may lack the ability for live broadcast and will cease recording
after a predetermined amount of time due to an internal mechanism within the Trial Version.
(c)
"Evaluation Not For Resale (NFR) Version" means a version, so identified, of the
Software to be used to review and evaluate the Software for a limited time period. The NFR
Version will cease recording after a predetermined amount of time due to an internal
mechanism within the NFR Version.
(d)
"Software" means only the Presentations 2Go software program(s) and third party
software programs, in each case, supplied by Learning Valley herewith, and corresponding
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documentation, associated media, printed materials, and online or electronic
documentation. Any updates to such Software which you are entitled to receive and that
has been provided to you by Learning Valley shall also mean Software for purposes of this
Agreement.
2.
License Grants
The licenses granted in this Section 2 are subject to the terms and conditions set forth in this
EULA:
(a) Subject to Section 2(b), you may install and use the Software on a single computer; OR
install and store the Software on a storage device, such as a network server, used only to
install the Software on your other computers over an internal network, provided you have a
license for each separate computer on which the Software is installed and run. Except as
otherwise specifically provided in Section 2(b), a license for the Software may not be shared,
installed or used concurrently on different computers. Except solely for purposes of
installing the Software on a computer as described above. Subject to the terms and
conditions set forth in this EULA, you shall not have more than one installation of the
Software on any single computer.
(b) You may make one copy of the Software in machine-readable form solely for backup
purposes. You must reproduce on any such copy all copyright notices and any other
proprietary legends on the original copy of the Software. You may not sell or transfer any
copy of the Software made for backup purposes
(c) You agree that Learning Valley may audit your use of the Software for compliance with
these terms at any time, upon reasonable notice. In the event that such audit reveals any
use of the Software by you other than in full compliance with the terms of this Agreement,
you shall reimburse Learning Valley for all reasonable expenses related to such audit in
addition to any other liabilities you may incur as a result of such non-compliance.
(d)
Your license rights under this EULA are non-exclusive.
(e)
Mandatory Product Activation. The license rights granted under this Agreement may
be limited to the first thirty (30) days after you first install the Software unless you supply
information required to activate your licensed copy in the manner described during the setup
sequence of the Software. You may need to activate the Software through the use of the
Internet or telephone. There are technological measures in this Software that are designed
to prevent unlicensed or illegal use of the Software. You agree that Learning Valley may use
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those measures and you agree to follow any requirements regarding such technological
measures. You may also need to reactivate the Software if you modify your computer
hardware, alter the Software, or install the Software on another computer. Product
activation is based on the exchange of information between your computer and Learning
Valley. None of this information contains personally identifiable information nor can they be
used to identify any personal information about you or any characteristics of your computer
configuration.
3.
License Restrictions
(a) Other than as set forth in Section 2, you may not make or distribute copies of the
Software, or electronically transfer the Software from one computer to another or over a
network.
(b) You may not alter, merge, modify, adapt or translate the Software, or decompile,
reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable
form.
(c) Unless otherwise provided herein, you may not rent, lease, or sublicense the Software.
(d)
Other than with respect to a Trial Version or a Not For Resale Version of the Software,
you are not permitted to sell, rent out, transfer or grant restrictive rights to the software and
the media on which the software is stored, or to make these available to third parties in any
way or for any purpose.
(e)
Unless otherwise provided herein, you may not modify the Software or create derivative
works based upon the Software.
(f)
Unless otherwise provided herein, you shall not (A) in the aggregate, install or use
more than one copy of the Trial Version of the Software, (B) download the Trial Version of
the Software under more than one username, (C) alter the contents of a hard drive or
computer system to enable the use of the Trial Version of the Software for an aggregate
period in excess of the trial period for one license to such Trial Version, (D) disclose the
results of software performance benchmarks obtained using the Trial Version or Not for
Resale version to any third party without Learning Valley's prior written consent, or (E) use
the Trial Version of the Software for a purpose other than the sole purpose of determining
whether to purchase a license of the software; provided, however, notwithstanding the
foregoing, you are strictly prohibited from installing or using the Trial Version of the Software
for any commercial purpose.
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(g) You may only use the Not for Resale Version of the Software to review and evaluate the
Software.
(h)
You may receive the Software in more than one medium but you shall only install or
use one medium. Regardless of the number of media you receive, you may use only the
medium that is appropriate for the computer on which the Software is to be installed.
(i)
You shall not use the Software to develop any product having the same primary function
as the Software.
(j) In the event that you fail to comply with this EULA, Learning Valley may terminate the
license and you must destroy all copies of the Software (with all other rights of both parties
and all other provisions of this EULA surviving any such termination).
4.
Upgrades
If this copy of the Software is an upgrade from an earlier version of the Software, you must
possess a valid full license to a copy of an earlier version of the Software used to upgrade to
this upgrade copy in order to install and/or use this upgrade copy. You may continue to use
each earlier version copy of the Software to which this upgrade copy relates on your
computer after you receive this upgrade copy, provided that, (i) the upgrade copy and the
earlier version copy are installed and/or used on the same computer only and the earlier
version copy is not installed and/or used on any other computer; (ii) you comply with the
terms and conditions of the earlier version's end user license agreement with respect to the
installation and/or use of such earlier version copy; (iii) the earlier version copy or any copies
thereof on any computer are not transferred to another computer unless all copies of this
upgrade copy on such computer are also transferred to such other computer; (iv) the earlier
version copy or any copies thereof are not transferred to any other party unless you also
transfer this upgrade copy and any copies thereof to such other party in accordance with
Section 3; and (v) you acknowledge and agree that any obligation Learning Valley may
have to support and/or offer support for the earlier version of the Software may be ended
upon availability of the upgrade.
5.
Ownership
The foregoing license gives you limited license to use the Software. Learning Valley and its
suppliers retain all right, title and interest, including all copyright and intellectual property
rights, in and to, the Software. All rights not specifically granted in this EULA, including
Federal and International Copyrights, are reserved by Learning Valley and its suppliers.
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6.
Limited Warranty and Disclaimer
(a) Except the Trial Version and Not For Resale Version of the Software, Learning Valley
warrants that, for a period of ninety (90) days from the date of delivery (as evidenced by a
copy of your receipt): (i) when used with a recommended hardware and software
configuration, the Software will perform in substantial conformance with the documentation
supplied with the Software.
(b) Customer is responsible for determining if the Software meets their particular needs, for
installing the Software, and for the results obtained.
(c) LEARNING VALLEY PROVIDES NO REMEDIES OR WARRANTIES, WHETHER
EXPRESS OR IMPLIED, FOR TRIAL VERSIONS AND THE NOT FOR RESALE
VERSIONS OF THE SOFTWARE. ANY TRIAL VERSION AND NOT FOR RESALE
VERSION OF THE SOFTWARE ARE PROVIDED "AS IS".
(d)
EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY WITH
RESPECT TO SOFTWARE OTHER THAN ANY TRIAL VERSION AND NOT FOR
RESALE VERSION, LEARNING VALLEY AND ITS SUPPLIERS DISCLAIM ALL OTHER
WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR
OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NONINFRINGEMENT AND TITLE OR QUIET ENJOYMENT. LEARNING VALLEY DOES NOT
WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT
INTERRUPTION.
(e)
IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE
SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90)
DAYS FROM THE DATE OF DELIVERY.
(f) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LEARNING
VALLEY, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE
A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY
PROVIDED HEREIN.
7. Exclusive Remedy
Your exclusive remedy under the preceding is to return the Software to the place you
acquired it, with a copy of your receipt and a description of the problem. Provided that any
non-compliance with the above warranty is reported in writing to Learning Valley no more
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than ninety (90) days following delivery to you, Learning Valley and it’s Suppliers will use
reasonable commercial efforts to supply you with a replacement copy of the Software that
substantially conforms to the documentation, provide a replacement for defective media, or
refund to you your purchase price for the Software, at its option. Learning Valley shall have
no responsibility if the Software has been altered in any way, if the media has been
damaged by misuse, accident, abuse, modification or misapplication, or if the failure arises
out of use of the Software with other than a recommended hardware configuration. Any
such misuse, accident, abuse, modification or misapplication of the Software will void the
warranty above. THIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE
TO YOU FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO
THE SOFTWARE AND RELATED DOCUMENTATION.
8.
LIMITATION OF LIABILITY
(a) NEITHER LEARNING VALLEY NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER
OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS
OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE
OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF
LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF
LEARNING VALLEY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS
FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b)
LEARNING VALLEY'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR
ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF € 500,- OR THE
LEARNING VALLEY SUGGESTED RETAIL PRICE OF THE SOFTWARE LICENCE .
(c)
THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO
THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS
EULA
9.
Support Services
Learning Valley may provide you with support services related to the SOFTWARE. Use of
Support Services is governed by the Learning Valley polices and programs described in the
user manual, in online documentation, and/or other Learning Valley - provided materials, as
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they may be modified from time to time. Any supplemental SOFTWARE code provided to
you as part of the Support Services shall be considered part of the SOFTWARE and subject
to the terms and conditions of this EULA. With respect to technical information you provide
to Learning Valley as part of the Support Services, Learning Valley may use such
information for its business purposes, including for product support and development.
Learning Valley will not utilize such technical information in a form that personally identifies
you.
10.
General
(a) This EULA shall be interpreted, governed and enforced exclusively in accordance with
Dutch law.
(b) All disputes between the Parties related to this Agreement, are to be instituted by the
competent court in the district of Learning Valley B.V..
This EULA contains the complete agreement between the parties with respect to the subject
matter hereof, and supersedes all prior or contemporaneous agreements or understandings,
whether oral or written. You agree that any varying or additional terms contained in any
purchase order or other written notification or document issued by you in relation to the
Software licensed hereunder shall be of no effect. The failure or delay of Learning Valley to
exercise any of its rights under this EULA or upon any breach of this EULA shall not be
deemed a waiver of those rights or of the breach.
No Learning Valley authorized or certified partner or employee is authorized to make any
amendment to this EULA unless such amendment is in writing and signed by a duly
authorized representative of Learning Valley.
All questions concerning this EULA shall be directed to: Learning Valley bv, P.O. Box 502,
6700 AM, Wageningen, The Netherlands.
Presentations 2Go and other trademarks contained in the Software are trademarks or
registered trademarks of Learning Valley B.V. in the Netherlands and/or other countries.
Third party trademarks, trade names, product names and logos may be the trademarks or
registered trademarks of their respective owners. You may not remove or alter any
trademark, trade names, product names, logo, copyright or other proprietary notices,
legends, symbols or labels in the Software. This EULA does not authorize you to use
Learning Valley’s or its licensors' names or any of their respective trademarks.
11. Third-Party libraries under LGPL license
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Datastead RTSP/RTMP DirectShow Source Filter
Datastead RTSP/RTMP DirectShow Source Filter uses the FFmpeg libraries under LGPL
license, written and copyrighted by third-party developers. Learning Valley B.V. nor
Datastead own FFmpeg, the FFmpeg owners can be found at http://www.ffmpeg.org/
GNU LESSER GENERAL PUBLIC LICENSE
Version 3, 29 June 2007
Copyright © 2007 Free Software Foundation, Inc. <http://fsf.org/>
Everyone is permitted to copy and distribute verbatim copies of this license
document, but changing it is not allowed.
This version of the GNU Lesser General Public License incorporates the terms and
conditions of version 3 of the GNU General Public License, supplemented by the
additional permissions listed below.
0. Additional Definitions.
As used herein, “this License” refers to version 3 of the GNU Lesser General Public
License, and the “GNU GPL” refers to version 3 of the GNU General Public License.
“The Library” refers to a covered work governed by this License, other than an
Application or a Combined Work as defined below.
An “Application” is any work that makes use of an interface provided by the Library,
but which is not otherwise based on the Library. Defining a subclass of a class
defined by the Library is deemed a mode of using an interface provided by the
Library.
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A “Combined Work” is a work produced by combining or linking an Application with
the Library. The particular version of the Library with which the Combined Work was
made is also called the “Linked Version”.
The “Minimal Corresponding Source” for a Combined Work means the
Corresponding Source for the Combined Work, excluding any source code for
portions of the Combined Work that, considered in isolation, are based on the
Application, and not on the Linked Version.
The “Corresponding Application Code” for a Combined Work means the object code
and/or source code for the Application, including any data and utility programs
needed for reproducing the Combined Work from the Application, but excluding the
System Libraries of the Combined Work.
1. Exception to Section 3 of the GNU GPL.
You may convey a covered work under sections 3 and 4 of this License without being
bound by section 3 of the GNU GPL.
2. Conveying Modified Versions.
If you modify a copy of the Library, and, in your modifications, a facility refers to a
function or data to be supplied by an Application that uses the facility (other than as
an argument passed when the facility is invoked), then you may convey a copy of the
modified version:
•a) under this License, provided that you make a good faith effort to ensure that, in
the event an Application does not supply the function or data, the facility still
operates, and performs whatever part of its purpose remains meaningful, or
•b) under the GNU GPL, with none of the additional permissions of this License
applicable to that copy.
3. Object Code Incorporating Material from Library Header Files.
The object code form of an Application may incorporate material from a header file
that is part of the Library. You may convey such object code under terms of your
choice, provided that, if the incorporated material is not limited to numerical
parameters, data structure layouts and accessors, or small macros, inline functions
and templates (ten or fewer lines in length), you do both of the following:
•a) Give prominent notice with each copy of the object code that the Library is used
in it and that the Library and its use are covered by this License.
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•b) Accompany the object code with a copy of the GNU GPL and this license
document.
4. Combined Works.
You may convey a Combined Work under terms of your choice that, taken together,
effectively do not restrict modification of the portions of the Library contained in the
Combined Work and reverse engineering for debugging such modifications, if you
also do each of the following:
•a) Give prominent notice with each copy of the Combined Work that the Library is
used in it and that the Library and its use are covered by this License.
•b) Accompany the Combined Work with a copy of the GNU GPL and this license
document.
•c) For a Combined Work that displays copyright notices during execution, include
the copyright notice for the Library among these notices, as well as a reference
directing the user to the copies of the GNU GPL and this license document.
•d) Do one of the following: ◦0) Convey the Minimal Corresponding Source under the
terms of this License, and the Corresponding Application Code in a form suitable for,
and under terms that permit, the user to recombine or relink the Application with a
modified version of the Linked Version to produce a modified Combined Work, in the
manner specified by section 6 of the GNU GPL for conveying Corresponding Source.
◦1) Use a suitable shared library mechanism for linking with the Library. A suitable
mechanism is one that (a) uses at run time a copy of the Library already present on
the user's computer system, and (b) will operate properly with a modified version of
the Library that is interface-compatible with the Linked Version.
•e) Provide Installation Information, but only if you would otherwise be required to
provide such information under section 6 of the GNU GPL, and only to the extent that
such information is necessary to install and execute a modified version of the
Combined Work produced by recombining or relinking the Application with a modified
version of the Linked Version. (If you use option 4d0, the Installation Information
must accompany the Minimal Corresponding Source and Corresponding Application
Code. If you use option 4d1, you must provide the Installation Information in the
manner specified by section 6 of the GNU GPL for conveying Corresponding
Source.)
5. Combined Libraries.
You may place library facilities that are a work based on the Library side by side in a
single library together with other library facilities that are not Applications and are not
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covered by this License, and convey such a combined library under terms of your
choice, if you do both of the following:
•a) Accompany the combined library with a copy of the same work based on the
Library, uncombined with any other library facilities, conveyed under the terms of this
License.
•b) Give prominent notice with the combined library that part of it is a work based on
the Library, and explaining where to find the accompanying uncombined form of the
same work.
6. Revised Versions of the GNU Lesser General Public License.
The Free Software Foundation may publish revised and/or new versions of the GNU
Lesser General Public License from time to time. Such new versions will be similar in
spirit to the present version, but may differ in detail to address new problems or
concerns.
Each version is given a distinguishing version number. If the Library as you received
it specifies that a certain numbered version of the GNU Lesser General Public
License “or any later version” applies to it, you have the option of following the terms
and conditions either of that published version or of any later version published by
the Free Software Foundation. If the Library as you received it does not specify a
version number of the GNU Lesser General Public License, you may choose any
version of the GNU Lesser General Public License ever published by the Free
Software Foundation.
If the Library as you received it specifies that a proxy can decide whether future
versions of the GNU Lesser General Public License shall apply, that proxy's public
statement of acceptance of any version is permanent authorization for you to choose
that version for the Library.
Learning Valley Notice
The FFmpeg library is free software; you can redistribute it and/or modify it under the terms
of the LGPL above, as published by the Free Software Foundation. The source code is
distributed WITHOUT SUPPORT AND WITHOUT ANY WARRANTY ; without even the
implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.
You will find more information in the LGPL agreement above.
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