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Datastead Software License Agreement (May 2019)

BY INSTALLING, COPYING OR OTHERWISE USING THIS SOFTWARE AND ANY RELATED PRINTED MATERIALS (“SOFTWARE”), YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS AGREEMENT.
IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.

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Copyright

All Datastead components and applications are copyrighted by Michel FORNENGO (hereafter
“author”), and shall remain the exclusive property of the author.
The RTSP/RTMP/HTTP/ONVIF DirectShow Source filter and Multipurpose DirectShow Encoder filter include dynamically linked DLLs built from FFmpeg (www.ffmpeg.org) and Live555 (www.live555.com), both under LGPL license. 

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General license agreement

This software and any accompanying documentation are protected by International Copyright laws and Treaty provisions.
Any use of this software in violation of copyright law or the terms of this agreement will be prosecuted to the best of the author’s ability.
You are hereby authorized to make archival copies of this software for the sole purpose of back-up and protecting your investment from loss.
Under no circumstances may you copy this software or documentation for the purposes of distribution to others. Under no conditions may you remove the copyright notices made part of the software or documentation.
By installing this software you agree with you may not distribute any file included in this package (source code or binaries) to non licensed people, unless stated in the “Distribution Rights of our licensed SDKs” section below.
The origin of this software must not be misrepresented, you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated, but is not required.

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Evaluation versions

The evaluations versions of the Datastead components have limited features, stop randomly and/or display nag-screens.
The evaluation versions may be used ONLY for evaluation purpose.

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Licensing

Our SDK license is a royalty-free developer license.
By purchasing the developer license you are granted the royalty-free right to distribute your end-user application as an executable binary to an unlimited number of end-users.
Note: if you are developing an application as contractor for another company, the license must be purchased in the name of this company.

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Support

The developer license includes 2 years of upgrades and e-mail support. After 2 years it is possible to renew the subscription for 50% of the full license price listed at the date of the renewal.
Datastead will provide reasonable support through email. We will do our best to fix the bugs reported.

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Evaluation

We offer a downloadable evaluation version to “try before you buy”. Before buying we recommend you to carefully test the current release with the video capture devices and codecs you will be using. 
Feel free to contact us in case of problem during the evaluation.
Distribution Rights of our licensed SDKs
Delphi or C++Builder native VCL versions of the Datastead components
You are granted a non-exclusive, royalty-free right to produce and distribute your compiled end-user applications (.exe, .dll, etc…) compiled with the licensed Delphi or C++Builder versions of the Datastead components.
If you purchased a license including source code, you are NOT allowed redistribute the source code, you may only modify and/or rebuild the component for the purpose of distributing your compiled end-user application.
DLL and OCX versions of the Datastead components
You are granted non-exclusive, royalty-free right:
– to produce and distribute your end-user applications based on a DLL or OCX version of the component,
– to distribute the licensed Datastead DLL or OCX component, for the sole purpose of running and using your end-user applications based on the DLL or OCX version of the component.

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Competitive products

You are NOT allowed to develop and/or distribute a SDK (Software Development Kit) based on our product(s).

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Third-party patents

Certain standards-based technology may require patent licenses from third party patent holders (e.g. MPEG LA). The licenses provided by Datastead does not include any third party patent licenses. It is your responsibility to acquire any third party licenses that are required depending on the features that are being incorporated into the application. 
Restrictions
Unless stated above in the “Distribution rights of the licensed versions” section, you may not distribute, transfer, lease, lend, copy, modify, translate, sublicense, time-share, or electronically transmit or receive any of the author’s commercial source code, demos, compiled units or documentation by any means whatsoever.

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Upgrade

The upgrade version of the software constitutes a single product of the author’s software that you upgraded. For example, the upgrade and the software that you upgraded cannot both be available for use by two different people at the same time, without written permission from the author.

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Limited warranty

Datastead warrants that for a period of ninety (90) days from the date of shipment from Datastead: (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software substantially conforms to its published specifications. Except for the foregoing, the Software is provided AS IS. This limited warranty extends only to Customer as the original licensee. Customer’s exclusive remedy and the entire liability of Datastead and its suppliers under this limited warranty will be the refund of the Software. In no event does Datastead warrant that the Software is error free or that Customer will be able to operate the Software without problems or interruptions.
This warranty does not apply if the software (a) has been altered, except by Datastead, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Datastead, (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (d) is used in ultra hazardous activities.

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Disclaimer

The Author cannot and does not warrant that any functions contained in the Software will meet your requirements, or that its operations will be error free. The entire risk as to the Software performance or quality, or both, is solely with the user and not the Author. You assume responsibility for the selection of the component to achieve your intended results, and for the installation, use, and results obtained from the Software.
The Author makes no warranty, either implied or expressed, including without limitation any warranty with respect to this Software documented here, its quality, performance, or fitness for a particular purpose. In no event shall the Author be liable to you for damages, whether direct or indirect, incidental, special, or consequential arising out the use of or any defect in the Software, even if the Author has been advised of the possibility of such damages, or for any claim by any other party.
ALL DATASTEAD SOFTWARE IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY OR INDIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
All other warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, are expressly excluded.

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General

This Agreement is the complete statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, order orders, agreements and arrangements. This Agreement shall be governed by the laws of France. Exclusive jurisdiction and venue for all matters relating to this Agreement shall be in courts and fora located in France, and you consent to such jurisdiction and venue. There are no third party beneficiaries of any promises, obligations or representations made by Datastead.