neoDVD 7

EULA - End User License Agreement

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MedioStream END USER LICENSE AGREEMENT
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PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY BEFORE INSTALLING
OR USING THE neoDVD SOFTWARE.

YOUR RIGHT TO USE THE SOFTWARE IS GOVERNED BY THE TERMS OF THIS
AGREEMENT. SELECTING THE "I ACCEPT" BUTTON AND CONTINUING WITH THE
INSTALLATION OF neoDVD INDICATES YOUR ACCEPTANCE OF THE
TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS BY
SELECTING THE "I ACCEPT" BUTTON, YOU WILL NOT BE ABLE TO CONTINUE
WITH THE SOFTWARE INSTALLATION PROCESS OR TO USE THE neoDVD
SOFTWARE.

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INTRODUCTION
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This is a legal agreement ("Agreement") between you, the end user,
and MEDIOSTREAM, INC. ("MedioStream"), a California corporation
with its principal place of business at 4962 El Camino Real
Suite 200, San Jose, California 94022 U.S.A., which covers the
neoDVD software developed and distributed by MedioStream
(the "Software") and its accompanying documentation
("Documentation"). The term "you" in this Agreement refers to
the initial purchaser of the Software.

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1. LICENSE;
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This is a license agreement and NOT an agreement for sale.
MedioStream licenses you to use the Software and Documentation
only as permitted by this Agreement, and it retains all rights not
expressly granted to you in this Agreement. Subject to the terms
of this Agreement, you have a non-exclusive, nontransferable and
limited right to install the Software onto the hard drive or other
mass storage device of two (2) computers and use the Software and
Documentation on those computers solely for your personal
non-commercial use. You may install, register and use a maximum of
two copies of the Software. You may make an archival copy of the
Software and Documentation for back-up purposes, provided that
such copy contains all of the original copy’s proprietary notices
and is kept in your possession, but you may not otherwise copy or
distribute the Software or Documentation in any form or by any
medium.

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2. TERM;TERMINATION
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This Agreement shall commence when you accept its terms by
clicking on the "Yes" icon below. Once you have registered the
Software, the license granted in this Agreement shall continue
indefinitely until terminated by you or by MedioStream. You may
terminate this Agreement at any time by destroying the Software
and Documentation. This Agreement, and any and all rights provided
to you in connection with the Software, shall automatically
terminate if you fail to comply with the terms of this Agreement.
Upon any termination of this Agreement, you shall cease using and
shall destroy the Software and Documentation, and all copies of
any parts thereof. All sections of this Agreement, other than
Section 1 ("License"), shall survive termination of this Agreement.

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3. OWNERSHIP; INTELLECTUAL PROPERTY
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All right, title, and interest in the Software and Documentation,
and all patents, trademarks, copyrights and all other intellectual
property and other proprietary rights applicable thereto, shall at
all times remain solely and exclusively with MedioStream.
You shall not (nor shall you permit any third party to) take any
action inconsistent with such right, title, and interest.
Unauthorized reproduction of the Software or Documentation is
strictly prohibited by United States copyright and other laws and
by international treaties, and may subject you to civil and/or
criminal penalties.

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4. LIMITATION ON USE
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You represent and warrant to MedioStream that you shall not
(and shall not permit any third party to):

Sell, rent, lease, sublicense, grant a security interest in, or
otherwise transfer or distribute any copies of the Software or
Documentation to others;

Offer the benefits or services of the Software to any third party,
whether such arrangement is in the nature of a service bureau, an
outsourcing service, an application service provider or any other
similar service or business;

Modify, customize, or create derivative works based on the
Software or the Documentation (i.e. create a new program that
incorporates all or part of the Software or Documentation);

Alter, destroy or otherwise remove any proprietary notices or
labels on the Software or Documentation;

Avoid, circumvent or disable any security mechanism, procedure
or protocol, or any copyright protection, provided or included
in connection with the Software;

Use the Software other than for its intended purpose; or

Use the Software in a manner that violates any applicable law,
including without limitation laws prohibiting the unauthorized
copying of copyrighted materials.

In addition, you acknowledge that the Software contains trade
secrets of MedioStream. Accordingly, you represent and warrant
that you will not modify, translate,reverse engineer, decompile,
or disassemble the Software, except to the extent that applicable
laws permit you to do so;

You agree to indemnify MedioStream and its affiliates, officers,
directors, employees and agents for any third-party claims relating
to your breach of any of the above representations and warranties.

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5. DISCLAIMER OF WARRANTY
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THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS." MEDIOSTREAM
DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR
THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE.
MEDIOSTREAM HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
WITH RESPECT TO THE SOFTWARE OR THE DOCUMENTATION, INCLUDING THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
ACCURACY, NON-INTERFERENCE AND NON-INFRINGEMENT.
THESE DISCLAIMERS OF WARRANTY CONSTITUTE AN ESSENTIAL PART OF THIS
AGREEMENT.

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6. LIMITATION OF LIABILITY
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IN NO EVENT WILL MEDIOSTREAM OR ITS OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, SUPPLIERS, DISTRIBUTORS OR RESELLERS BE LIABLE TO YOU OR
ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES (SUCH AS DAMAGES FOR LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, LOST
PROFITS, LOST BUSINESS OR LOST OPPORTUNITY), OR ANY OTHER COMMERCIAL
DAMAGES OR LOSSES, EVEN IF MEDIOSTREAM HAS BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES, COSTS, LOSSES OR CLAIMS.
IN NO EVENT WILL MEDIOSTREAM BE LIABLE FOR ANY DAMAGES IN EXCESS OF
THE AMOUNT YOU ORIGINALLY PAID MEDIOSTREAM FOR THIS LICENSE OF THE
SOFTWARE.

Some jurisdictions do not allow exclusion or limitation of
incidental or consequential damages, so the above limitation or
exclusion may not apply to you.

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7. LAWFUL USE OF SOFTWARE ONLY
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You agree that you shall not use the Software or Documentation for
any unlawful purpose. You agree that you will use, export and
re-export the Software and Documentation only in compliance with
applicable export control laws and regulations in your jurisdiction,
including, if applicable, the then-current Export Administration
Regulations administered by the U.S. Department of Commerce.

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8. TAX
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You shall be responsible for and shall pay, and shall reimburse
MedioStream on request if MedioStream is required to pay, any sales,
use, valued added (VAT), consumption or other tax (excluding any
tax that is based on MedioStream’s net income), assessment, duty,
tariff, or other fee or charge of any kind or nature that is levied
or imposed by any governmental authority on the Software.

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9. CONFIDENTIALITY
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You acknowledge and agree that the Software and Documentation may
contain confidential information and/or trade secrets of MedioStream
and/or it suppliers. You agree to maintain and protect such
confidential information and trade secrets in strictest confidence
for the benefit of MedioStream and/or its suppliers, and not to
disclose them without express authorization of MedioStream.

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10. GENERAL
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This Agreement constitutes the entire understanding between you and
MedioStream with respect to the subject matter hereof.
It supersedes all prior or contemporaneous oral or written
communications, proposals, or representations and warranties and
prevails over any conflicting or additional terms of any quote,
order, acknowledgment, or other communication between the parties
relating to its subject matter. Any change to this Agreement must
be in writing and signed by an authorized representative of
MedioStream. Nothing in this Agreement constitutes a waiver of the
rights of MedioStream under the U.S. Copyright Act or Federal or
State law. This Agreement shall be governed by the law of the
State of California, excluding its choice of laws provisions.
The United Nations Convention on Contracts for the International Sale
of Goods is expressly disclaimed. If any provision of this Agreement
is determined to be unenforceable or invalid under any applicable law,
this Agreement will not be invalid; instead, the unenforceable or
invalid provision shall be interpreted so as to best accomplish the
objectives of such provision. Any dispute relating to this Agreement
or the Software shall be brought only in the federal or state court,
as applicable, in Santa Clara County, California, and the parties
hereby waive any objection to the jurisdiction of such courts.

Copyright ?2003 MedioStream, Inc. All Rights Reserved. MedioStream,
neoDVD, Smart Buffering, Quick Eject, and Direct-To-Disc Recording are
trademarks of MedioStream, Inc. and may not be used without
MedioStream's express written permission.
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SOUND IDEAS END USER LICENSE AGREEMENT
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THIS PRODUCT CONTAINS A SMALL SELECTION FROM THE EXTENSIVE SOUND
IDEAS SOUND EFFECTS AND PRODUCTION MUSIC LIBRARIES.

PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY BEFORE INSTALLING
OR USING THE neoDVD SOFTWARE.

Your use of any Sound Ideas royalty free product acknowledges your
acceptance of the following terms and conditions. In the event of a
breach of this License Agreement, action may be taken against you
directly by the owner of the copyright.

Sound Ideas royalty free products are sold to you with a lifetime
license for synchronization rights only. If you transfer ownership
of any Sound Ideas royalty free product to another party,
Sound Ideas should be notified immediately. No additional fees are
required when any Sound Ideas royalty free product is used under
the following terms and conditions.

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TERMS AND CONDITIONS
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You can synchronize the audio content from any Sound Ideas royalty
free product with audio and/or visual productions or applications
such as
films
training and marketing presentations
on hold messages
radio presentations or commercials
television presentations or commercials
musical recordings
multimedia presentations
Web pages
interactive programs
computer games
audio-visual or computer generated displays, programs or
presentations which may incorporate streaming audio.

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LIMITATIONS
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Copying or re-recording unsynchronized sounds from any Sound Ideas
royalty free product to any format that allows network or remote
access by two or more end users is prohibited. You cannot copy,
duplicate, sell, lease, loan or give away unsynchronized sounds
from any Sound Ideas royalty free product by any means including
the World Wide Web, streaming audio or any delivery method now known
or which shall become known. Transfer, re-recording, copying or
duplication of any Sound Ideas royalty free product, in whole or
in part, for any purpose not listed in Terms and Conditions above
is expressly prohibited unless you have requested and received
specific written authorization from Sound Ideas.

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PERFORMING RIGHTS
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With respect to any music compositions that may be included in any
Sound Ideas royalty free product, this License does not include
Performing Rights. Performing Rights represent the entitlement of
music composers and publishers to benefit from the public
performance of their compositions. Performing Rights societies
like ASCAP and BMI in the United States and SOCAN in Canada, as well
as many more around the world, have been established to collect and
fairly distribute Performing Rights fees to music composers and
publishers. If you use any musical compositions contained within
any Sound Ideas royalty free product for either broadcast or
non-broadcast productions that are eligible for documentation by
Performing Rights associations, said music should be reported to
your local Performing Rights society and Sound Ideas.
Additional information about eligible music uses and cue sheets
for music reporting are available from Sound Ideas.

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WARRANTY
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Sound Ideas warrants that your use of Sound Ideas royalty free
products in accordance with this License does not infringe on
any third party proprietary rights.

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LIABILITY
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Sound Ideas accepts no responsibility for any loss of business or
business profits resulting directly or indirectly from the
performance of any Sound Ideas royalty free product. Sound Ideas?
liability is limited and restricted solely to replacement at no
charge of the Sound Ideas royalty free product in question.

Sound Ideas
105 West Beaver Creek Road, Suite 4
Richmond Hill, Ontario
Canada L4B 1C6

Telephone: (905) 886 5000 Fax: (905) 886-6800
Toll Free: US 1-800-387-3030 Canada 1-800-665-3000
Email: info@sound-ideas.com http://www.sound-ideas.com
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