4
PRISM MPS Rack Accessory Installation Instructions
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.
TERM
The license granted herein is effective upon acceptance by Customer, and shall remain
in effect until terminated as provided herein. The license may be terminated by
Customer at any time upon written notice to Telestream. The license may be
terminated by Telestream or any third party from whom Telestream may have obtained
a respective licensing right if Customer fails to comply with any term or condition and
such failure is not remedied within thirty (30) days after notice hereof from Telestream
or such third party. Upon termination by either party, Customer shall return to
Telestream or destroy, the Program and all associated documentation, together with all
copies in any form.
