SAM Cast Pro distribution permissions and end-user license agreement
END-USER LICENSE AGREEMENT FOR SAM Cast, herein referred to as the SOFTWARE
(c) Copyright 2003-2013 by Spacial Audio Solutions, LLC. Referred to herein as the DEVELOPER or SPACIAL.
IMPORTANT-READ CAREFULLY: This End-User License Agreement ('EULA') is a legal agreement between you (either an individual or a single entity) and the DEVELOPER of the software product(s) identified above ('SOFTWARE PRODUCT' or 'SOFTWARE'). The SOFTWARE PRODUCT includes computer software, and any 'online' or electronic documentation. By installing, copying or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, the DEVELOPER is unwilling to license the SOFTWARE PRODUCT to you. In such event, you may not use or copy the SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENSE: The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following rights:
This EULA allows you to use the 'Licensed' SOFTWARE PRODUCT with the following restrictions: Unless you have specifically obtained a prior written consent from the DEVELOPER, any reselling activities are strictly prohibited. Unless you have specifically obtained a prior written consent from the DEVELOPER, the Software may not be used on multiple computers and shall specifically not be used to transport and stream any terrestrial radio signal/feed.
* Software. You may install and use one copy of the SOFTWARE PRODUCT per License for the purposes of managing and delivering 'Streamed Audio Media' over networks to an unlimited number of clients. A client is understood to be a third party viewing the audio through a web browser or other applicable playback/viewing software or hardware.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
* Copying and Redistribution. The SOFTWARE can be copied for backup purposes ONLY and is not intended for usage on multiple Computer/Server systems without obtaining an individual 'License' for each copy to be used. The SOFTWARE PRODUCT may NOT be copied and redistributed electronically or otherwise, for ANY purposes without express written consent of the DEVELOPER.
* Reverse-engineering. Decompilation or reverse-engineering of the provided Software/bytecode is not permitted under the terms of this EULA.
* Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for other uses.
* Sales & Rental. You may NOT resell, rent or lease the SOFTWARE PRODUCT.
* 3rd party advertisement systems. Advertisement systems provided by a 3rd party must be approved by DEVELOPER for use with SOFTWARE. A 3rd party that wishes to develop and/or integrate their advertisement system with this SOFTWARE PRODUCT needs to contact DEVELOPER to get approval for such integration.
* Termination. Without prejudice to any other rights, the DEVELOPER may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
3. UPGRADES. If the SOFTWARE PRODUCT is an upgrade, you now may use that upgraded product only in accordance with this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs which you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
4. OEM COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT, and accompanying documentation, and any copies of the SOFTWARE PRODUCT, are owned by DEVELOPER. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions.
5. OEM PRODUCT SUPPORT. The DEVELOPER is under no obligation to provide support under the terms of this license.
7. mp3PRO audio coding technology licensed from Coding Technologies, Fraunhofer IIS and Thomson. Supply of this product does not convey a license nor imply any right to distribute content created with this product in revenue-generating broadcast systems (terrestrial, satellite, cable and/or other distribution channels), streaming applications (via Internet, intranets and/or other networks), other content distribution systems (pay-audio or audio-on-demand applications and the like) or on physical media (compact discs, digital versatile discs, semiconductor chips, hard drives, memory cards and the like). An independent license for such use is required. For details, please visit http://mp3licensing.com.
9. Refund Policy
Spacial Audio Solution, L.L.C., hereinafter referred to as 'Spacial', is a limited liability company organized under the laws of the State of Texas.
This software product is marketed as 'shareware'. Spacial offers a fully-functional evaluation version of this software for potential users to 'try before you buy' on a fourteen-day (14-day) free trial basis. Spacial encourages and appreciates users trying our products before placing an order.
If you have not tested Spacial's free evaluation version, please do so before you place an order to make sure that the product you are ordering is what you want and works correctly with your system. When a user purchases the registered version of software from Spacial, we assume that the purchaser is satisfied with the software's features and functionalities. No refunds will be given on software purchases.
Licensee agrees that if Licensee does not use the trial time to test the Software, then, in the event of a defect in the Software media, Licensee's sole and exclusive remedy will be, in Spacial's sole option, for Spacial to replace the defective Software and thereby to terminate this License.
Limitation of Liability
Spacial shall not be liable for any direct damages to Licensee or to any other third party, whether out of contract or from tort, including loss of data, profits, business interruption, or the use or inability to use the software. Spacial shall not be liable for any other special, consequential or exemplary damages suffered by Licensee relating to the software. Spacial's cumulative liability to Licensee shall not exceed the License fee paid by Licensee to Spacial in connection with use of the Software. This Section shall survive termination of this License Agreement.
Termination of License
The License issued in favor of Licensee will terminate automatically if the Licensee fails to comply with any provision of this License or the Licensee attempts to assign any of its rights or authorities under the License. In the event of the termination of this License, Licensee agrees to immediately erase and destroy all copies of the Software and all documentation relating to use of this Software. Following the termination of the License, any further use of the software will be an infringement of Spacial's copyrights, as well as its other intellectual property rights.
All disputes arising under or relating to this License or the subject matter of this License shall be resolved by a court of competent jurisdiction located in Travis County, Austin, Texas. Exclusive venue for any resulting litigation shall be in Travis County, Austin, Texas
UPDATED: 17 January 2011