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GlobeCaster
E t her n et O ut p ut Mod ul e
GlobeCaster System License Agreement
IMPORTANT - READ THIS LICENSE AGREEMENT (“AGREEMENT”)
CAREFULLY BEFORE USING OR OTHERWISE OPERATING THE
GLOBECASTER SYSTEM. BY USING THE GLOBECASTER SYSTEM,
YOU INDICATE YOUR ACCEPTANCE AND AGREEMENT OF THE
TERMS AND CONDITIONS OF THIS AGREEMENT.
GLOBALSTREAMS, INC.’S (“GLOBALSTREAMS”) ACCEPTANCE OF
YOUR GLOBECASTER SYSTEM ORDER IS EXPRESSLY CONDITIONED
UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF
THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS,
INCLUDING WITHOUT LIMITATION ANY SUPERSEDING OR
ADDITIONAL TERMS PROPOSED BY YOU (OTHER THAN
CONFIRMING AGREED-UPON PRICE, QUANTITY AND SHIPPING
INFORMATION); IF THESE TERMS ARE CONSIDERED AN OFFER BY
GLOBALSTREAM, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE
TERMS. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS
AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD PROMPTLY
RETURN THE GLOBECASTER SYSTEM, INCLUDING ANY
UNOPENED SOFTWARE PACKAGE(S) AND ACCOMPANYING
DOCUMENTATION, FOR A FULL REFUND OF APPLICABLE FEES
PAID. THIS IS A LEGAL AGREEMENT BETWEEN YOU (YOUR
COMPANY IF APPLICABLE) AND GLOBALSTREAMS. THIS
AGREEMENT REPRESENTS THE ENTIRE AGREEMENT
CONCERNING THE GLOBECASTER SYSTEM (AS DEFINED BELOW)
BETWEEN YOU AND GLOBALSTREAMS AND SUPERSEDES ANY
PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING
BETWEEN THE PARTIES. IN THE EVENT OF ANY CONFLICT
BETWEEN THIS AGREEMENT AND ANY OTHER DOCUMENT
RECEIVED FROM YOU, INCLUDING WITHOUT LIMITATION ANY
PURCHASE ORDER DOCUMENTATION, THE TERMS OF THIS
AGREEMENT SHALL PREVAIL.
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1.1 Subject to the terms and conditions of this Agreement, GlobalStreams
hereby grants to you, and you accept, a limited, personal, nonexclusive,
nonsublicensable, nontransferable (except in accordance with Section
11.1) license to use each copy of the software object code provided to
you, including any updates or upgrades provided by GlobalStreams (the
“Software”), with the tangible equipment provided by GlobalStreams
(“Hardware”) and the accompanying hardcopy documentation (the