Software License Agreement
Unitecast


1. This is an agreement between Licensor and Licensee, who is being licensed to use the Unitecast (i.e., the Software).

2. Licensee acknowledges that this is only a limited nonexclusive license. The Licensor is and remains the owner of all titles, rights, and interests in the Software. The Licensor reserves the right to change Licensing requirements at their discretion.

3. This Licensor permits the Licensee to install on more than one computer system for personal use, to a maximum number of two licenses per individual. The Licensee may make copies of the Software for backup purposes. Institutions and Commercial Enterprises are required to pay a licensing fee and are deemed non-personal users. Multiple installation of Unitecast in a given location require payment of a licensing fee.

4. The Licensee agrees that the Licensor may modify or implement pricing or purchase conditions of the software license at the Licensor’s discretion.

5. The Licensee agrees that the Licensor can revoke the Software license if the Licensee uses/implements the Software for illegal or improper activities or in any manner that may damage the reputation or otherwise bring harm to the Licensor.

6. The Licensee agrees to not distribute the Software in any form (i.e., through physical or electronic means, on-line or otherwise) to third parties. The Licensee may not reverse engineer, disassemble, decompile, or translate the Software, or otherwise attempt to derive the source code of the Software, except to the extent allowed under any applicable law. If applicable law permits such activities, any information so discovered must be promptly disclosed to Unitecast and shall be deemed to be the confidential proprietary information of Unitecast. You may not modify, adapt, translate, reverse engineer, decompile, disassemble the Software or create derivative works using or based on the Software, nor may you distribute, loan, rent, or lease, timeshare or use the Software to provide services (other than strictly in the provision of webcasting services for customers of the Licensee's company/organization), for third parties, sub-license or transmit all or any portion of the Software, nor may you allow others to do so.

7. Unitecast reserves all rights not expressly granted herein. Unitecast owns all right title and interest in and to the Software and nothing in this Agreement shall be construed to transfer, convey, impair or otherwise adversely affect Unitecast's ownership or proprietary rights therein or any other Unitecast information or materials, tangible or intangible, in any form and in any medium.

8. This Software is subject to a limited warranty. Licensor warrants to Licensee that the Software will perform according to its printed documentation, and to the best of Licensor's knowledge the Licensee's use of this Software according to the printed documentation is not an infringement of any third party's intellectual property rights. This limited warranty lasts for a period of 10 days after delivery. To the extent permitted by law, THE ABOVE-STATED LIMITED WARRANTY REPLACES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND LICENSOR DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF Unitecast, MERCHANTABILITY, NONINFRINGEMENT, OR OF FITNESS FOR A PARTICULAR PURPOSE. No agent of Licensor is authorized to make any other warranties or to modify this limited warranty. Any action for breach of this limited warranty must be commenced within one year of the expiration of the warranty. Because some jurisdictions do not allow any limit on the length of an implied warranty, the above limitation may not apply to this Licensee. If the law does not allow disclaimer of implied warranties, then any implied warranty is limited to 10 days after delivery of the Software to Licensee. Licensee has specific legal rights pursuant to this warranty and, depending on Licensee's jurisdiction, may have additional rights.

9. NO REPRESENTATIONS OR WARRANTIES. THE SOFTWARE IS PROVIDED 'AS IS' WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ASSUME THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. The Licensor is accepts that if they elect to publish, distribute, disseminate or otherwise make available content (in any form) an individual/organization may be able to capture, reproduce and/or download the content, redistribute it in undesired and/or unexpected forms, manners and/or venues and to persons or entities to whom the Licensor does not wish the content to be distributed.

10. The Licensee agrees that every reasonable attempt will be made to ensure the successful use of this Software. In the event of potential liability the Licensor will implement measures to replicate all or some of this Software’s functions by employing backup or redundant processes. The Licensee agrees that the Licensor will not pursue legal actions against the Licensor for issue relating to the application or performance of this Software.

11. In case of a breach of the Limited Warranty, Licensee's exclusive remedy is as follows: Licensee will request (in writing) a refund for all remaining registration codes. The Licensee will provide proof of purchase. The remaining license codes will be refunded on the following formula (1/3 of license price per remaining code(s) for Unitecast Pro and ½ of license price per remaining code(s) for Unitecast Express.

12. Notwithstanding the foregoing, LICENSOR IS NOT LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEE'S USE OF THIS SOFTWARE. This includes the Licensor’s use of the Software for uploading, downloading, playback, recording, installation, webcasting, podcasting, file conversion, web deployment, on-site deployment activities. If the Licensee's jurisdiction does not allow such a limitation of damages, these limitations may not apply.

13. Licensee agrees to defend and indemnify Licensor and hold Licensor harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from Licensee's business/personal operations.

14. Licensor has the right to terminate this License Agreement and Licensee's right to use this Software upon any material breach by Licensee.

15. This License Agreement is the entire and exclusive agreement between Licensor and Licensee regarding this Software. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Licensor and Licensee regarding this Software.

16. This License Agreement is governed by the law of Ontario, Canada applicable to all contracts where applicable.

17. This License Agreement is valid without Licensor's signature. It becomes effective upon the Licensee's installation of the Software.


Unitecast
www.unitecast.com
unitecast@gmail.com