TELESTREAM SOFTWARE LICENSE AGREEMENT
THE PROGRAM, OR PROGRAMS, ENCODED OR INCORPORATED WITHIN EQUIPMENT OR ACCOMPANYING THIS AGREEMENT,
IS FURNISHED SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. RETENTION OF THE PROGRAM FOR MORE
THAN THIRTY DAYS OR USE OF THE PROGRAM IN ANY MANNER WILL BE CONSIDERED ACCEPTANCE OF THE AGREEMENT
TERMS. IF THESE TERMS ARE NOT ACCEPTABLE, THE UNUSED PROGRAM AND ANY ACCOMPANYING DOCUMENTATION
SHOULD BE RETURNED PROMPTLY TO TELESTREAM FOR A FULL REFUND OF THE LICENSE FEE PAID. (FOR INFORMATION
REGARDING THE RETURN OF PROGRAMS ENCODED OR INCORPORATED WITHIN EQUIPMENT, CONTACT THE NEAREST
TELESTREAM SALES OFFICE.)
DEFINITIONS.
"Telestream" means Telestream, LLC, a Delaware limited liability company, and its Affiliates , or the local Telestream legal entity that is
supplying the equipment.
"Program" means the Telestream software product (executable program and/or data) enclosed with this Agreement or included within the
equipment with which this Agreement is packed.
"Customer" means the person or organization in whose name the Program was ordered.
LICENSE.
Customer may:
1. Use the Program on a single machine at any one time; and
2. Copy the Program for archival or backup purposes, provided that no more than one (1) such copy is permitted to exist at any one time.
Each copy of the Program made by Customer must include a reproduction of any copyright notice or restrictive rights legend appearing in or
on the copy of the Program as received from Telestream.
Customer may not:
1. Use the Program on more than one machine at any one time;
2. Transfer the Program to any person or organization outside of Customer or the corporation of which Customer is a part without the prior
written consent of Telestream, except in connection with the transfer of the equipment within which the programs are encoded or
incorporated;
3. Export or re-export, directly or indirectly, the program, any associated documentation, or the direct product thereof, to any country to
which such export or re-export is restricted by law or regulation of the United States or any foreign government having jurisdiction without
the prior authorization, if required, of the Office of Export Administration, Department of Commerce, Washington, D.C. and the
corresponding agency of such foreign government;
4. Modify the Program, create derivative works, or merge the Program with another program;
5. Reverse compile or disassemble the Program for any purpose, beyond the extent that such activity is expressly permitted by applicable
open source licenses or applicable law notwithstanding this limitation; or
6. Copy the documentation accompanying the Program.
For Programs designed to reside on a single-machine and support one or more additional machines, either locally or remotely, without
permitting the Program to be transferred to an additional machine for local execution, the additional machines shall be considered within the
definition of "single machine." For programs permitting the Program to be transferred to an additional machine for local execution, a
separate license shall be required for each such machine with which the Program may be used.
Title to the Program and all copies thereof, but not the media on which the Program or copies may reside, shall be and remain with
Telestream or others for whom Telestream has obtained a respective licensing right.
Customer shall pay when due all property taxes that may now or hereafter be imposed, levied or assessed with respect to the possession or
use of the Program or this license and shall file all reports required in connection with such taxes.
If the Program or any related documentation is acquired by or for an agency of the U.S. Government, the Program and documentation shall
be considered “commercial computer software” or “commercial computer software documentation” respectively, as those terms are used in
48 CFR §12.212, 48 CFR §227.7202, or 48 CFR §252.227-7014, and are licensed with only those rights as are granted to all other
licensees as set forth in this Agreement.
THE PROGRAM MAY NOT BE USED, COPIED, MODIFIED, MERGED, OR TRANSFERRED TO ANOTHER EXCEPT AS EXPRESSLY
PERMITTED BY THESE TERMS AND CONDITIONS. UPON TRANSFER OF ANY COPY, MODIFICATION, OR MERGED PORTION OF
THE PROGRAM, THE LICENSE GRANTED HEREIN IS AUTOMATICALLY TERMINATED WITH RESPECT TO THE PARTY THAT
TRANSFERS THE PROGRAM.
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