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THIS IS A LEGAL DOCUMENT — RETAIN FOR YOUR RECORDS

STREAMAXIA OPENSDK IOS&ANDROID END-USER LICENSE AGREEMENT

Licensor: Streamaxia SRL Avram Iancu 20/12 Cluj-Napoca, Romania

Products:

Streamaxia OpenSDK for iOS or for Android version represents the closed source library needed to broadcast from iOS or Android devices to a media server. The entire library is compiled and contains the bundle ID licensing verification.

Important – Read Carefully. Notice to User:

This End User License Agreement (“Agreement”) is a legal document between you and Streamaxia SRL (“Streamaxia”). It is important that you read this document before using the Streamaxia-provided software (“Software”) and any accompanying documentation, including, without limitation printed materials, ‘online’ files, or electronic documentation (“Documentation”). By clicking the “I accept” and “Next” buttons below, or by installing, or otherwise using the Software in any way, you agree to be bound by the terms of this Agreement as well as the Streamaxia Privacy Policy (“Privacy Policy”) including, without limitation, the warranty disclaimers, limitation of liability, data use and termination provisions below, whether or not you decide to purchase the Software. You agree that this agreement is enforceable like any written agreement negotiated and signed by you. If you do not agree, you are not licensed to use the Software, and you must destroy any downloaded copies of the Software in your possession or control. You should periodically review the contents of all Streamaxia provided Agreements. As long as you are using the software, you agree with the original agreement that was in place at the time of the download/initial setup and with all the subsequent updates of all the legal documents and licensing agreements implicitly. A copy of this Agreement may be found at https://www.streamaxia.com/license.html, a copy of the Privacy Policy may be found at https://www.streamaxia.com/privacy and a copy of our Terms of Service can be found at http://www.streamaxia.com/termsconditions .

1. SOFTWARE LICENSE

  1. License Grant.
    1. Upon your acceptance of this Agreement Streamaxia grants you a non-exclusive, non-transferable (except as provided below), limited license, without the right to grant sublicenses, to install and use a copy of the Software within one Licensed Application. “Licensed Application” means any 3rd party application developed or owned by you whose bundle-ID for IOS applications or package-name for Android applications has been declared to be licensed in conjunction with Streamaxia OpenSDK. The bundle-ID/package-name are unique on their respective app stores and cannot be changed or revoked at a later time by Streamaxia.
    2. You may not use the Software to develop and distribute other software programs that directly compete with any Streamaxia software or service without prior written permission. Streamaxia reserves all other rights in and to the Software.
    3. By receiving a license file containing the bundle-ID/package-name, you will consume one respective license for every platform (iOS/Android).
  2. Backup and Archival Copies. You may make one (1) backup and one (1) archival copy of the Software, provided your backup and archival copies are not installed or used on any other application or computer and further provided that all such copies shall bear the original and unmodified copyright, patent and other intellectual property markings that appear on or in the Software.
  3. Title. Title to the Software is not transferred to you. Ownership of all copies of the Software and of copies made by you is vested in Streamaxia, subject to the rights of use granted to you in this Agreement. As between you and Streamaxia, documents, files, stylesheets, generated program code and schemas that are authored or created by you via your utilization of the Software, in accordance with its Documentation and the terms of this Agreement, are your property.
  4. Reverse Engineering. Except and to the limited extent as may be otherwise specifically provided by applicable law in the European Union, you may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, underlying ideas, underlying user interface techniques or algorithms of the Software by any means whatsoever, directly or indirectly, or disclose any of the foregoing, except to the extent you may be expressly permitted to decompile under applicable law in the European Union, if it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested Streamaxia to provide the information necessary to achieve such operability and Streamaxia has not made such information available. Streamaxia has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any information supplied by Streamaxia or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software. Requests for information from users in the European Union with respect to the above should be directed to the Streamaxia Customer Support Department.
  5. Other Restrictions. You may not loan, rent, lease, sublicense, distribute or otherwise transfer all or any portion of the Software to third parties except as otherwise expressly provided. You may not copy the Software except as expressly set forth herein, and any copies that you are permitted to make pursuant to this Agreement must contain the same copyright, patent and other intellectual property markings that appear on or in the Software. You may not modify, adapt or translate the Software. You may not, directly or indirectly, encumber or suffer to exist any lien or security interest on the Software; knowingly take any action that would cause the Software to be placed in the public domain; or use the Software in any computer environment not specified in this Agreement. You may not permit any use of or access to the Software by any third party in connection with a commercial service offering, such as for a cloud-based or web-based SaaS offering. You will comply with applicable law and Streamaxia’s instructions regarding the use of the Software. You agree to notify your employees and agents who may have access to the Software of the restrictions contained in this Agreement and to ensure their compliance with these restrictions.
  6. NO GUARANTEE.THE SOFTWARE IS NEITHER GUARANTEED NOR WARRANTED TO BE ERROR-FREE NOR SHALL ANY LIABILITY BE ASSUMED BY STREAMAXIA IN THIS RESPECT. NOTWITHSTANDING ANY SUPPORT FOR ANY TECHNICAL STANDARD, THE SOFTWARE IS NOT INTENDED FOR USE IN OR IN CONNECTION WITH, WITHOUT LIMITATION, THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL EQUIPMENT, MEDICAL DEVICES OR LIFE SUPPORT SYSTEMS, MEDICAL OR HEALTH CARE APPLICATIONS, OR OTHER APPLICATIONS WHERE THE FAILURE OF THE SOFTWARE OR ERRORS IN DATA PROCESSING COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND ADEQUACY OF THE SOFTWARE AND ANY DATA GENERATED OR PROCESSED BY THE SOFTWARE FOR YOUR INTENDED USE AND YOU WILL DEFEND, INDEMNIFY AND HOLD STREAMAXIA, ITS OFFICERS AND EMPLOYEES HARMLESS FROM ANY THIRD PARTY CLAIMS, DEMANDS, OR SUITS THAT ARE BASED UPON THE ACCURACY AND ADEQUACY OF THE SOFTWARE IN YOUR USE OR ANY DATA GENERATED BY THE SOFTWARE IN YOUR USE.
  7. Public Repositories. You may not integrate Streamaxia OpenSDK in any application whose code is made public, if Streamaxia OpenSDK code (component, documentation etc.) gets also made public, in total or in part (not limiting to GitHub, StackOverflow or any other public web location), without our written consent. You are responsible to keep Streamaxia OpenSDK code, documentation or any other provided resource private.

2. INTELLECTUAL PROPERTY RIGHTS

You acknowledge that the Software and any copies that you are authorized by Streamaxia to make are the intellectual property of and are owned by Streamaxia and its suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Streamaxia and its suppliers. The Software is protected by copyright, including without limitation by United States Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. You acknowledge that Streamaxia retains the ownership of all patents, copyrights, trade secrets, trademarks and other intellectual property rights pertaining to the Software, and that Streamaxia’s ownership rights extend to any images, photographs, animations, videos, audio, music, text and “applets” incorporated into the Software and all accompanying printed materials. You will take no actions which adversely affect Streamaxia’s intellectual property rights in the Software. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owners’ names. Trademarks may only be used to identify printed output produced by the Software, and such use of any trademark does not give you any right of ownership in that trademark. Except as expressly stated above, this Agreement does not grant you any intellectual property rights in the Software. Notifications of claimed copyright infringement should be sent to Streamaxia’s copyright agent as further provided on the Streamaxia Web Site.

  1. LIMITED WARRANTY AND LIMITATION OF LIABILITY

    1. Limited Warranty and Customer Remedies. YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED TO YOU “AS-IS” WITH NO WARRANTIES FOR USE OR PERFORMANCE, AND STREAMAXIA DISCLAIMS ANY WARRANTY OR LIABILITY OBLIGATIONS TO YOU OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WHERE LEGALLY LIABILITY CANNOT BE EXCLUDED FOR THE SOFTWARE, BUT IT MAY BE LIMITED, STREAMAXIA’S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF FIFTY DOLLARS (USD $50) IN TOTAL.
    2. No Other Warranties and Disclaimer. THE FOREGOING LIMITED WARRANTY AND REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR STREAMAXIA OR ITS SUPPLIER’S BREACH OF WARRANTY. STREAMAXIA AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, STREAMAXIA AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STREAMAXIA AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
    3. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EVEN IF A REMEDY FAILS ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL STREAMAXIA OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF STREAMAXIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you. In such states and jurisdictions, Streamaxia’s liability shall be limited to the greatest extent permitted by law and the limitations or exclusions of warranties and liability contained herein do not prejudice applicable statutory consumer rights of person acquiring goods otherwise than in the course of business. The disclaimer and limited liability above are fundamental to this Agreement between Streamaxia and you.
    4. Waiver and Indemnity. BY USING THE SOFTWARE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO SAVE AND PROTECT, HOLD HARMLESS, INDEMNIFY AND DEFEND STREAMAXIA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AGAINST ANY AND ALL LIABILITY, CAUSES OF ACTION, CLAIMS, LOSS DAMAGE OR COST AND EXPENSE ARISING FROM, ALLEGEDLY ARISING FROM, OR RESULTING DIRECTLY OR INDIRECTLY FROM ANY ACTS OF THE LICENSEE OR ANY OF ITS OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS OR AGENTS DONE IN THE PERFORMANCE, OPERATION, OR USE OF THE SOFTWARE, OR ANY ACT DONE UNDER PRETENDED AUTHORITY OF THIS LICENSE. THIS AGREEMENT TO INDEMNIFY AND HOLD STREAMAXIA HARMLESS SHALL INCLUDE ANY COSTS INCURRED BY STREAMAXIA IN DEFENDING ANY ACTION INVOLVING AN ACT BY YOU OR ANY OF YOUR OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS OR AGENTS, AND SHALL INCLUDE ANY ATTORNEY’S FEES INCURRED BY STREAMAXIA.

  2. SUPPORT AND MAINTENANCE Streamaxia offers “Updates & Support” (“U&S”) for the Software only if you have obtained a “Business”, “Android only”, “iOS only” or “Bundle” license for, which may be obtained from Streamaxia at www.Streamaxia.com. The Support Period is limited at 1 hour per year, on a best-effort basis. Your rights with respect to support and maintenance as well as your upgrade eligibility depend on your decision to purchase U&S and the level of U&S that you have purchased: If you have not purchased U&S, you will receive the Software AS IS and will not receive any maintenance releases or updates. However, Streamaxia, at its option and in its sole discretion on a case by case basis, may decide to offer maintenance releases to you as a courtesy, but these maintenance releases will not include any new features in excess of the feature set at the time of your purchase of the Software. If you have purchased U&S, then solely for the duration of its delineated Support Period, you are eligible to receive the version of the Software edition that you have licensed and all maintenance releases and updates for that edition that are released during your Support Period. Software that is introduced as separate product or new major version is not included in U&S. Maintenance releases, updates and upgrades may or may not include additional features. In addition, Streamaxia will provide Priority Technical Support to you for the duration of the Support Period. Priority Technical Support is provided via a web-based support form only, and Streamaxia will make commercially reasonable efforts to respond via e-mail to all requests within forty-eight (48) hours during European business hours (M-F, 8am – 5pm CET), Romanian holidays excluded) and to make reasonable efforts to provide work-arounds to errors reported in the Software, where possible. During the Support Period you may also report any Software problem or error to Streamaxia. If Streamaxia determines that a reported reproducible material error in the Software exists and significantly impairs the usability and utility of the Software, Streamaxia agrees to use reasonable commercial efforts to correct or provide a usable work-around solution in an upcoming maintenance release or update, which is made available at certain times at Streamaxia’s sole discretion. If Streamaxia, in its discretion, requests written verification of an error or malfunction discovered by you or requests supporting example files that exhibit the Software problem, you shall promptly provide such verification or files, by email, telecopy, or overnight mail, setting forth in reasonable detail the respects in which the Software fails to perform. You shall use reasonable efforts to cooperate in diagnosis or study of errors. Streamaxia may include error corrections in maintenance releases, or updates of the Software. Streamaxia is not obligated to fix errors that are immaterial. Immaterial errors are those that do not significantly impact use of the Software as determined by Streamaxia in its sole discretion. Whether or not you have purchased the U&S, technical support only covers issues or questions resulting directly out of the operation of the Software and Streamaxia will not provide you with generic consultation, assistance, or advice under any circumstances. Updating Software may require the updating of software not covered by these terms before installation. Updates of the operating system and application software not specifically covered by these terms are your responsibility and will not be provided by Streamaxia. Streamaxia’s obligations under these terms are contingent upon your proper use of the Software and your compliance with the terms and conditions of the applicable Streamaxia software license agreement governing your use of the Software at all times. Streamaxia shall be under no obligation to provide the above technical support if, in Streamaxia’s opinion, the Software has failed due to the following conditions: (i) damage caused by the relocation of the software to another location or CPU; (ii) alterations, modifications or attempts to change the Software without Streamaxia’s written approval; (iii) causes external to the Software, such as natural disasters, the failure or fluctuation of electrical power, or computer equipment failure; (iv) your failure to maintain the Software at Streamaxia’s specified release level; or (v) use of the Software with other software without Streamaxia’s prior written approval. It will be your sole responsibility to: (i) comply with all Streamaxia-specified operating and troubleshooting procedures and then notify Streamaxia immediately of Software malfunction and provide Streamaxia with complete information thereof; (ii) provide for the security of your confidential information; (iii) establish and maintain backup systems and procedures necessary to reconstruct lost or altered files, data or programs.

  3. SOFTWARE ACTIVATION, UPDATES AND LICENSE METERING

    1. License Metering. The Software is designed to communicate with the Streamaxia License Server that is designed to monitor license compliance in your network. You permit Streamaxia to use your network for license compliance monitoring and metering and to generate compliance reports that are communicated to Streamaxia from time to time.
    2. Copyright Protection. You agree that efforts to circumvent or disable Streamaxia’s copyright protection mechanisms or communications between the Streamaxia OpenSDK Software and the License Server violate Streamaxia’s intellectual property rights as well as the terms of this Agreement. Streamaxia expressly reserves the rights to seek all available legal and equitable remedies to prevent such actions and to recover lost profits, damages and costs.
    3. Use of Data. The terms and conditions of the Privacy Policy are set out in full at https://www.Streamaxia.com/privacy and are incorporated by reference into this Agreement. By your acceptance of the terms of this Agreement and/or use of the Software, you authorize the collection, use and disclosure of information collected by Streamaxia for the purposes provided for in this Agreement and/or the Privacy Policy. Streamaxia has the right in its sole discretion to amend this provision of the Agreement and/or Privacy Policy at any time.
    4. Audit Rights. You agree that Streamaxia may audit your use of the Software for compliance with the terms of this Agreement 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 Streamaxia for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance.

  4. TERM AND TERMINATION Term/Renewal. The initial term of this Agreement shall be for the term of one (1) year (the “Initial Term”) commencing on the software purchase date. At the expiration of the initial term, this Agreement will automatically renew for successive one (1) year periods (each a “Renewal Term” and collectively with the Initial Term the “Term”) unless a party provides the other parties with notice of its intent not to renew this Merchant Agreement at least ten (10) days prior to the expiration of the then current term. This Agreement may be terminated (a) by your giving Streamaxia written notice of termination; or (b) by Streamaxia, at its option, giving you written notice of termination if you commit a breach of this Agreement and fail to cure such breach within ten (10) days after notice from Streamaxia. The terms and conditions set forth in Sections 1(c), 1(d), 1(e), 1(f), 2, 3, 5, 7, 8, and 9 survive termination as applicable.

  5. THIRD PARTY SOFTWARE The Software may contain third party software which requires notices and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are located at our Website at https://www.Streamaxia.com/3rdparty_licenses and are made a part of and incorporated by reference into this Agreement. By accepting this Agreement, you are also accepting the additional terms and conditions, if any, set forth therein.

  6. REFUNDS and LATE PAYMENTS Streamaxia provides no refunds on the sold services and licenses, all sales are final. Licenses will be interrupted on past due accounts after a 48 hours notification. Licenses interrupted for nonpayment is subject to a $250 re-activation charge. Accounts that are not collectible by Streamaxia may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a Processing and Collection Fee worth of $500. If you desire to cancel your account, you can do that by contacting support in the last month of the 12 subscription months.

  7. ABUSE You may not engage in illegal, abusive, or irresponsible behavior. Streamaxia reserves the right to terminate the service or the license of any customer without refund for such actions.

  8. GENERAL PROVISIONS If you are located in the European Union and are using the Software in the European Union and not in the United States, then this Agreement will be governed by and construed in accordance with the laws of Romania (excluding its conflict of laws principles and the U.N. Convention on Contracts for the International Sale of Goods) and you expressly agree that exclusive jurisdiction for any claim or dispute with Streamaxia or relating in any way to your use of the Software resides in the Commercial Court of Cluj-Napoca and you further agree and expressly consent to the exercise of personal jurisdiction in the Commercial Court of Cluj-Napoca in connection with any such dispute or claim.

This Agreement contains the entire agreement and understanding of the parties with respect to the subject matter hereof, and supersedes all prior written and oral understandings of the parties with respect to the subject matter hereof. Any notice or other communication given under this Agreement shall be in writing and shall have been properly given by either of us to the other if sent by certified or registered mail, return receipt requested, or by overnight courier to the address shown on Streamaxia’s Web site for Streamaxia and the address shown in Streamaxia’s records for you, or such other address as the parties may designate by notice given in the manner set forth above. This Agreement will bind and inure to the benefit of the parties and our respective heirs, personal and legal representatives, affiliates, successors and permitted assigns. The failure of either of us at any time to require performance of any provision hereof shall in no manner affect such party’s right at a later time to enforce the same or any other term of this Agreement. This Agreement may be amended only by a document in writing signed by both of us. In the event of a breach or threatened breach of this Agreement by either party, the other shall have all applicable equitable as well as legal remedies. Each party is duly authorized and empowered to enter into and perform this Agreement. If, for any reason, any provision of this Agreement is held invalid or otherwise unenforceable, such invalidity or unenforceability shall not affect the remainder of this Agreement, and this Agreement shall continue in full force and effect to the fullest extent allowed by law. The parties knowingly and expressly consent to the foregoing terms and conditions.

Last updated: 2017-03-29