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Terms and Conditions

SnapStream Beyond Media™ Software Development Kit (SDK)

SNAPSTREAM MEDIA INC. END-USER LICENSE AGREEMENT
SnapStream Beyond Media™ Software

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE SOFTWARE WHICH CAN BE DOWNLOADED FROM THE SNAPSTREAM MEDIA INC. WEBSITE, ALONG WITH ANY ACCOMPANYING DOCUMENTATION whether on disk, in read only memory, or any other media or in any other form (THE SOFTWARE AND ITS DOCUMENTATION WILL BE REFERRED TO HEREIN AS THE "SOFTWARE").

YOUR USE OF THE SOFTWARE MEANS THAT YOU ACCEPT THESE TERMS AND CONDITIONS.  IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, THEN SNAPSTREAM IS NOT WILLING TO LICENSE THE SOFTWARE TO YOU, AND YOU SHOULD NOT USE THE SOFTWARE.  BY INSTALLING, DOWNLOADING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED AND MAY NOT USE THE SOFTWARE.
 

SNAPSTREAM BEYOND MEDIA™

Grant of License:  Subject to the terms and conditions of this Agreement, SnapStream hereby grants you a limited, nonexclusive license to install and use the object code version of the Software, a copy of which is provided herewith, on a single personal computer for personal, non-commercial, and otherwise lawful purposes.

Limitations:  The Software is licensed, not sold, to you.  SnapStream Media Inc. ("SnapStream") retains title to the software.  You must retain all copyright and related notices of SnapStream's ownership and other rights in the Software in the product, labeling and documentation provided.  Furthermore, you may not:  (a) modify, translate, de-compile, reverse engineer, disassemble or otherwise decode the Software; (b) copy any of the Software other than as reasonably required for your own personal use of the Software in accordance with this Agreement; or (c) sublicense, sell, rent, lend, transfer, post, transmit, distribute or otherwise make the Software available to anyone else, except that you may permanently transfer the Software and accompanying materials provided you retain no copies and the recipient agrees to the terms of this Agreement.  This license will be revoked and all rights hereunder will terminate automatically without notice from SnapStream in the event you fail to comply with any term or condition herein.

Trademarks: You acknowledge that SnapStream Media Inc., SnapStream Beyond Media™, and related logos and designs are trademarks of SnapStream Media Inc. and that no rights in such trademarks are granted to you by this Agreement.  

Support: SnapStream reserves the right to modify the Software from time to time without obligation to notify you, or any other person or organization of such revision or change.  To enable Snapstream to better support the Software, system configuration information is collected by the Software and transmitted to SnapStream upon setup of the Software.  This information may be used for research and development purposes.  Collected information is not personally identifiable and is not directly tied back to you or your account.  Additionally, this collected system configuration information will never be sold, rented, leased, or otherwise distributed to any 3rd party.

Limitation of Liability: IN NO EVENT WILL SNAPSTREAM MEDIA INC. BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF DATA, LOST OPPORTUNITY OR PROFITS, COST OF COVER OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES ARISING FROM OR RELATING TO THE USE OF THE SOFTWARE, HOWEVER CAUSED ON ANY THEORY OF LIABILITY.  THIS LIMITATION WILL APPLY EVEN IF SNAPSTREAM HAS BEEN ADVISED OR GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGE.  THE ENTIRE RISK AS TO THE USE OF THE SOFTWARE IS ASSUMED BY THE USER. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, THIS LIMITATION MAY NOT APPLY FULLY TO YOU.

Disclaimer of Warranty: TO THE EXTENT PERMITTED BY APPLICABLE LAW ALL SNAPSTREAM MEDIA INC. SOFTWARE, INCLUDING THE IMAGES AND/OR COMPONENTS, IS PROVIDED "AS IS" AND WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND BY EITHER SNAPSTREAM MEDIA INC. OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF SUCH SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.  NO COVENANTS, WARRANTIES OR INDEMNITIES OF ANY KIND ARE GRANTED BY SNAPSTREAM MEDIA INC. TO THE USER.

Termination: If you do not accept the terms of this license, you agree to destroy all copies of the Software in your possession and control.

Government Rights:  If used or acquired by the Government, the Government acknowledges that (a) the Software constitutes "commercial computer software" or "commercial computer software documentation" for purposes of 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-3, as applicable and (b) the Government's rights are limited to those specifically granted to you pursuant to this License.  The contractor/manufacturer is SnapStream Media Inc., 6730 Long Drive, Houston, Texas 77087.

Export Control Obligations:  You will not export or re-export any Licensed Software in violation of any law, regulation, order or other governmental requirement (including, without limitation, the U.S. Export Administration Act, regulations of the Department of Commerce and other export controls of the U.S.).   You shall, at your own expense, promptly obtain and arrange for the maintenance of all non-U.S.A. government approvals, if any, and comply with all applicable local laws and regulations as may be necessary for performance under this Agreement.

Terms of use can be found at the SnapStream Media website at http://www.snapstream.com/Support/terms_of_use.asp.

SNAPSTREAM MEDIA INC. END-USER LICENSE AGREEMENT
SnapStream Beyond Media™ Software Development Kit (SDK) 

Thank you for using the SnapStream Beyond Media™ Software Development Kit (SDK).  By using this kit (hereinafter “Beyond Media SDK”) you agree to be bound by the following terms and conditions (hereinafter “Terms and Conditions”).

Composition of the Beyond Media SDK:

The Beyond Media SDK is comprised of two components: (1) documentation that explains how to use the Application Program Interfaces (hereinafter “API”) contained in Beyond Media and (2) the source code.  All references to the Beyond Media SDK include both components unless expressly stated to the contrary. 

Use of the Beyond Media SDK for Personal and Legitimate Uses Only:  

The Beyond Media SDK is provided to registered users of Beyond Media free of charge for personal, non-commercial uses at home or at work only.  An individual user may only create one (1) Beyond Media SDK account, and the user must provide accurate identification and contact information during the registration process.  Accounts must be registered to an individual and not to a corporation or group.  Attempts to create multiple accounts will result in immediate termination of the user’s account(s) and banning of user from the future creation of an account. 

User may not use the Beyond Media SDK in any manner that either directly or indirectly violates any laws or proprietary rights of the United States as well as in other countries.

If the user wants to use the Beyond Media SDK for any reason other than those expressly provided for in these Terms and Conditions, user must contact SnapStream to obtain permission.  If user fails to contact SnapStream to obtain permission, SnapStream reserves the right to pursue legal action.

SnapStream reserves the right to modify the Beyond Media SDK from time to time without obligation to notify you, or any other person or organization of such revision or change. 

If you have questions about the Beyond Media SDK, wish to use the Beyond Media SDK for commercial reasons, or have ideas on how to improve the Beyond Media SDK, please contact SnapStream Media Inc. (hereinafter “SnapStream”) via e-mail at sdk@snapstream.com.  By contacting SnapStream, user grants SnapStream the right to use and incorporate any ideas, suggestions, or comments into the Beyond Media SDK without compensation.  Such changes or integrations become property of SnapStream.

Beyond Media:

Beyond Media SDK is designed to be used in conjunction with Beyond Media.  Accordingly, use of the Beyond Media SDK is also defined by the Terms and Conditions of Beyond Media.  In the event of a conflict between these Terms and Conditions and the Terms and Conditions of Beyond Media, these Terms and Conditions shall prevail.

Intellectual Property:  

All inventions, know-how and other intellectual property concerning Beyond Media and the Beyond Media SDK shall remain the property of SnapStream without limitation.

User agrees not to remove, obscure, or alter SnapStream’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within Beyond Media and/or the Beyond Media SDK.

SnapStream does not own rights in third-party components used in Beyond Media and/or the Beyond Media SDK or software developed by user using the Beyond Media SDK.

User shall indemnify, defend, and hold SnapStream, its officers, directors, agents, partners, and vendors harmless from any damages and costs relating to an intellectual property claim arising out of user’s use of the Beyond Media SDK, including, without limitation, reasonable attorneys’ fees.

User grants SnapStream the right to use and incorporate any of the user’s ideas, suggestions, or comments into Beyond Media and/or the Beyond Media SDK without compensation.  Such changes or integrations become property of SnapStream.

Reverse Engineering:

User shall have no right to the Beyond Media or the Beyond Media SDK source code or the underlying algorithms.  Licensee shall not decompile, reverse engineer, or otherwise attempt to obtain the source code or to interpret the underlying algorithms or object code for Beyond Media or the Beyond Media SDK.  User shall maintain Beyond Media and the Beyond Media SDK in confidence and shall not use or disclose or permit others to use or disclose Beyond Media and the Beyond Media SDK except as expressly permitted by this Agreement.

Promotional Materials and Use of SnapStream Marks:

User shall not use any trademark, service mark, trade name or logo of SnapStream, unless provided for in these Terms and Conditions, without SnapStream’s prior written consent.

All marketing collateral associated with a product or service created using the Beyond Media SDK must include the following text: "Powered by SnapStream's Beyond Media" including but not limited to web pages, installers, splash-screens, listings in online download directories, and print marketing.  

SnapStream reserves the right to deny any user the right to indicate that the Beyond Media SDK was used in the creation of a product or service if SnapStream determines that the product or service:
1)	violates any applicable law;
2)	infringes the rights of any third party; or
3)	dilutes, tarnishes, or infringes on SnapStream’s trademarks or other intellectual property.

Disclaimer of Warranties and Limitation of Liability:

SNAPSTREAM PROVIDES BEYOND MEDIA AND THE BEYOND MEDIA SDK, AS IS AND WITHOUT WARRANTY.  LICENSOR MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  LICENSOR MAKES NO ASSURANCE OF SUCCESSFUL SCHEDULE INFORMATION TRANSMISSION.

NEITHER SNAPSTREAM NOR ANY AFFILIATE OF SNAPSTREAM SHALL BE LIABLE TO USERS, ITS AFFILIATES, OR CUSTOMERS FOR LOST REVENUES, LOST PROFITS, LOST DATA OR OTHER SPECIAL, INCIDENTAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR FOR LOSS OR DAMAGE OR OTHER EXPENSE DIRECTLY OR INDIRECTLY ARISING FROM USER’S, OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE BEYOND MEDIA OR THE BEYOND MEDIA SDK OR FOR COMMERCIAL LOSS OF ANY KIND, AND USER’S SOLE RECOURSE SHALL BE TERMINATION OF USER’s ACCOUNT AND THIS AGREEMENT.  

NO RECOVERY AGAINST SNAPSTREAM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE SHALL BE ALLOWED, EVEN IF SNAPSTREAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATIONS AS TO HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.  YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. 

Indemnification:

User shall indemnify, defend, and hold SnapStream, its officers, directors, agents, partners, and vendors harmless from any damages and costs relating to a claim arising out of user’s use of Beyond Media or the Beyond Media SDK, including, without limitation, reasonable attorneys’ fees.

User shall cooperate as fully as reasonably possible in defense of any such claims.  SnapStream reserves the right to assume the exclusive defense and control of any matter subject to indemnification by user at SnapStream’s expense.

Term and Termination:

User may terminate user’s rights and responsibilities under this Agreement only by ceasing to use the Beyond Media SDK.  Upon termination, user shall immediately cease incorporating the Beyond Media SDK in any products or services and shall delete, destroy, and erase any and all components, iterations, versions, parts, or aspects of the Beyond Media SDK from the user’s computers or possession.

SnapStream may terminate this Agreement and the user’s account at any time, with or without cause.

Severability: 

If any one or more of the provisions contained in these Terms and Conditions shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of these Terms and Conditions.

Controlling Law and Venue:

These Terms and Conditions shall be subject to and shall be interpreted according to the law of the State of Texas, without regard to principles of conflict of laws.  Both parties consent to the exclusive personal jurisdiction of state and federal courts in Harris County, Texas for any litigation relating to these Terms and Conditions.

Force Majeure:

SnapStream shall not be held responsible for any delay or failure in performance to the extent that such delay and failure is caused by fire, flood, explosion, war, embargo, acts of the government or of civil or military authorities, acts of nature or the public enemy, strikes, satellite failure, general communications failure, transponder failure, or other causes beyond the reasonable control of, and without the fault of, the delaying or defaulting party.

Entire Agreement:

These Terms and Conditions contain the entire understanding of the parties and supercedes all prior written or verbal agreements or representations.  No change or waiver of any provision of these Terms and Conditions shall be valid unless in writing and signed by a duly authorized SnapStream officer.  No employee, agent or representative of either party has authority to bind such party by any oral representation or warranty.  SnapStream reserves the right to change the Terms and Conditions at any time and at SnapStream’s discretion.