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End-User License Agreement (EULA) of Virtual Presenter Room
This End-User License Agreement ("EULA") is a legal agreement between you and EMPERIA Digital Solutions GmbH.
This EULA agreement governs your acquisition and use of our Virtual Presenter Room software ("Software") directly from EMPERIA Digital Solutions GmbH or indirectly through a EMPERIA Digital Solutions GmbH authorized reseller or distributor (a "Reseller").
Please read this EULA agreement carefully before completing the installation process and using the Virtual Presenter Room software. It provides a license to use the Virtual Presenter Room software and contains warranty information and liability disclaimers.
If you register for a free trial of the Virtual Presenter Room software, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the Virtual Presenter Room software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by EMPERIA Digital Solutions GmbH herewith regardless of whether other software is referred to or described herein. The terms also apply to any EMPERIA Digital Solutions GmbH updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
License Grant
EMPERIA Digital Solutions GmbH hereby grants you a personal, non-transferable, non-exclusive licence to use the Virtual Presenter Room software on your registered device(s) in accordance with the terms of this EULA agreement.
You are permitted to load the Virtual Presenter Room software (for example a PC, laptop or surface laptop) under your control. You are responsible for ensuring your device meets the minimum requirements of the Virtual Presenter Room software.
You are not permitted to:
Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
Allow any third party to use the Software on behalf of or for the benefit of any third party
Use the Software in any way which breaches any applicable local, national or international law
use the Software for any purpose that EMPERIA Digital Solutions GmbH considers is a breach of this EULA agreement
Intellectual Property and Ownership
EMPERIA Digital Solutions GmbH shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of EMPERIA Digital Solutions GmbH.
EMPERIA Digital Solutions GmbH reserves the right to grant licences to use the Software to third parties.
Termination
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to EMPERIA Digital Solutions GmbH.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
Governing Law
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of Germany.
1.) Third-Party Software
1. The Software includes code and libraries licensed to Us by third parties, including open source software ("Third-Party Software"). A list of Third-Party Software included in each Product is available in the Product documentation. All Third-Party Software is provided to You under the respective terms stipulated in the Product documentation.
2. EMPERIA Digital Solutions GmbH provides no warranty, express or implied, with respect to any third-party software, and expressly disclaims any warranty or condition of merchantability, fitness for a particular purpose, title, and non-infringement.
2.) No assignment of Intellectual Property Rights
1. Nothing in this EULA shall operate to assign or transfer any Intellectual Property Rights from the Licensor to the User, or from the User to the Licensor.
3.) Warranties
1. The Licensor warrants to the User that it has the legal right and authority to enter into this EULA and to perform its obligations under this EULA.
2. The User warrants to the Licensor that it has the legal right and authority to enter into this EULA and to perform its obligations under this EULA.
3. All of the parties' warranties and representations in respect of the subject matter of this EULA are expressly set out in this EULA. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of this EULA will be implied into this EULA or any related contract.
4.) Acknowledgements and Warranty Limitations
1. The User acknowledges that complex software is never wholly free from defects, errors and bugs; and subject to the other provisions of this EULA, the Licensor gives no warranty or representation that the Software will be wholly free from defects, errors and bugs.
2. The User acknowledges that complex software is never entirely free from security vulnerabilities; and subject to the other provisions of this EULA, the Licensor gives no warranty or representation that the Software will be entirely secure.
3. The User acknowledges that the Software is only designed to be compatible with that software specified as compatible in the Software Specification; and the Licensor does not warrant or represent that the Software will be compatible with any other software.
4. The User acknowledges that the Licensor will not provide any legal, financial, accountancy or taxation advice under this EULA or in relation to the Software; and, except to the extent expressly provided otherwise in this EULA, the Licensor does not warrant or represent that the Software or the use of the Software by the User will not give rise to any legal liability on the part of the User or any other person.
5.) Indemnities
1. The User shall indemnify and shall keep indemnified the Licensor against any and all liabilities, damages, losses, costs and expenses (including legal expenses and amounts reasonably paid in settlement of legal claims) suffered or incurred by the Licensor and arising directly or indirectly as a result of any breach by the User of this EULA] (a "User Indemnity Event").
2. The Licensor must:
1. upon becoming aware of an actual or potential User Indemnity Event, notify the User;
2. provide to the User all such assistance as may be reasonably requested by the User in relation to the User Indemnity Event;
3. allow the User the exclusive conduct of all disputes, proceedings, negotiations and settlements with third parties relating to the User Indemnity Event; and
4. not admit liability to any third party in connection with the User Indemnity Event or settle any disputes or proceedings involving a third party and relating to the User Indemnity Event without the prior written consent of the User.
3. The indemnity protection set out in this text shall not be subject to the limitations and exclusions of liability set out in this EULA.
6.) Limitations and Exclusions of Liability
1. Nothing in this EULA will:
1. limit any liabilities in any way that is not permitted under applicable law; or
2. exclude any liabilities that may not be excluded under applicable law, and;
3. if a party is a consumer, that party's statutory rights will not be excluded or limited by this EULA, except to the extent permitted by law.
2. The limitations and exclusions of liability set out in this Clause 14 and elsewhere in this EULA:
1. are subject to Clause 14.1; and
2. govern all liabilities arising under this EULA or relating to the subject matter of this EULA, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this EULA.
3. The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
4. The Licensor will not be liable to the User in respect of any loss of profits or anticipated savings.
5. The Licensor will not be liable to the User in respect of any loss of revenue or income.
6. The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities.
7. The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.
8. The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage.
7.) Termination
1. We may terminate or suspend the access of any User of a Test or Promo License immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms of this EULA or our Website.
2. Either party may terminate this EULA immediately by giving written notice of termination to the other party if the other party commits any breach of this EULA.
3. Subject to applicable law, either party may terminate this EULA immediately by giving written notice of termination to the other party if:
1. the other party:
1. is dissolved;
2. ceases to conduct all (or substantially all) of its business;
3. is or becomes unable to pay its debts as they fall due;
4. is or becomes insolvent or is declared insolvent; or
5. convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;
2. an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party;
3. an order is made for the winding up of the other party, or the other party passes a resolution for its winding up (other than for the purpose of a solvent company reorganisation where the resulting entity will assume all the obligations of the other party under this EULA); or
4. if that other party is an individual:
1. that other party dies;
2. as a result of illness or incapacity, that other party becomes incapable of managing his or her own affairs; or
3. that other party is the subject of a bankruptcy petition or order.
8.) Effects of Termination
1. Upon the termination of this EULA, all of the provisions of this EULA shall cease to have effect, save that the following provisions of this EULA shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely)
2. Except to the extent expressly provided otherwise in this EULA, the termination of this EULA shall not affect the accrued rights of either party.
3. For the avoidance of doubt, the licenses of the Software in this EULA shall terminate upon the termination of this EULA; and, accordingly, the User must immediately cease to use the Software upon the termination of this EULA.
4. Within 10 Business Days following the termination of this EULA, the User must:
1. return to the Licensor or dispose of as the Licensor may instruct all media in its possession or control containing the Software; and
2. irrevocably delete from all computer systems in its possession or control all copies of the Software.
9.) General
1. No breach of any provision of this EULA shall be waived except with the express written consent of the party not in breach.
2. If any provision of this EULA is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of this EULA will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
3. This EULA may not be varied except by a written document signed by or on behalf of each of the parties.
4. The User hereby agrees that the Licensor may assign the Licensor's contractual rights and obligations under this EULA to any third party. Save to the extent expressly permitted by applicable law, the User must not without the prior written consent of the Licensor assign, transfer or otherwise deal with any of the User's contractual rights or obligations under this EULA.
5. This EULA is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to this EULA are not subject to the consent of any third party.
6. Subject to Clause 1.1, this EULA shall constitute the entire agreement between the parties in relation to the subject matter of this EULA, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.
7. This EULA shall be governed by and construed in accordance with German law.
8. The courts of Germany shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this EULA.
10. Interpretation
1. In this EULA, a reference to a statute or statutory provision includes a reference to:
1. that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and
2. any subordinate legislation made under that statute or statutory provision.
2. The Clause headings do not affect the interpretation of this EULA.
3. References in this EULA to "calendar months" are to the 12 named periods (January, February and so on) into which a year is divided.
4. In this EULA, general words shall not be given a restrictive interpretation by reason of being preceded or followed by words indicating a particular class of acts, matters or things.
NDI
1. As per the terms of the NDI SDK, you are:
1. prohibited from making any modifications to the SDK or any part thereof.
2. prohibited from any reverse engineering, disassembly or recompilation of the the SDK or any part thereof, or any protocols used in the SDK, and any attempt to do so.
3. required to comply with the terms of the NewTek SDK license, including that any Third Party Products you create have current and complete NDI® compatibility, and you are required to include in your End User License Agreement the terms of paragraph 3d of the NDI SDK .
2. NDI is provided "as is," with all faults, and NewTek makes no express or implied representations or warranties, of any kind related to this NDI or the materials contained in the NDI SDK.
3. To the extent permitted by applicable law, NewTek and/or its licensors bear no liability for any damages, whether direct, indirect, incidental or consequential, arising from the use of the Product or Bundled Products.
4. NewTek, Inc. is the copyright owner of NDI.
Spout
BSD 2-Clause License
Copyright (c) 2020, Lynn Jarvis
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The Spout SDK is released under the Simplified BSD licence.
Copyright (C) 2014-2024. Lynn Jarvis, , all rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This End-User License Agreement ("EULA") is a legal agreement between you and EMPERIA Digital Solutions GmbH.
This EULA agreement governs your acquisition and use of our Virtual Presenter Room software ("Software") directly from EMPERIA Digital Solutions GmbH or indirectly through a EMPERIA Digital Solutions GmbH authorized reseller or distributor (a "Reseller").
Please read this EULA agreement carefully before completing the installation process and using the Virtual Presenter Room software. It provides a license to use the Virtual Presenter Room software and contains warranty information and liability disclaimers.
If you register for a free trial of the Virtual Presenter Room software, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the Virtual Presenter Room software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by EMPERIA Digital Solutions GmbH herewith regardless of whether other software is referred to or described herein. The terms also apply to any EMPERIA Digital Solutions GmbH updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
License Grant
EMPERIA Digital Solutions GmbH hereby grants you a personal, non-transferable, non-exclusive licence to use the Virtual Presenter Room software on your registered device(s) in accordance with the terms of this EULA agreement.
You are permitted to load the Virtual Presenter Room software (for example a PC, laptop or surface laptop) under your control. You are responsible for ensuring your device meets the minimum requirements of the Virtual Presenter Room software.
You are not permitted to:
Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
Allow any third party to use the Software on behalf of or for the benefit of any third party
Use the Software in any way which breaches any applicable local, national or international law
use the Software for any purpose that EMPERIA Digital Solutions GmbH considers is a breach of this EULA agreement
Intellectual Property and Ownership
EMPERIA Digital Solutions GmbH shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of EMPERIA Digital Solutions GmbH.
EMPERIA Digital Solutions GmbH reserves the right to grant licences to use the Software to third parties.
Termination
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to EMPERIA Digital Solutions GmbH.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
Governing Law
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of Germany.
1.) Third-Party Software
1. The Software includes code and libraries licensed to Us by third parties, including open source software ("Third-Party Software"). A list of Third-Party Software included in each Product is available in the Product documentation. All Third-Party Software is provided to You under the respective terms stipulated in the Product documentation.
2. EMPERIA Digital Solutions GmbH provides no warranty, express or implied, with respect to any third-party software, and expressly disclaims any warranty or condition of merchantability, fitness for a particular purpose, title, and non-infringement.
2.) No assignment of Intellectual Property Rights
1. Nothing in this EULA shall operate to assign or transfer any Intellectual Property Rights from the Licensor to the User, or from the User to the Licensor.
3.) Warranties
1. The Licensor warrants to the User that it has the legal right and authority to enter into this EULA and to perform its obligations under this EULA.
2. The User warrants to the Licensor that it has the legal right and authority to enter into this EULA and to perform its obligations under this EULA.
3. All of the parties' warranties and representations in respect of the subject matter of this EULA are expressly set out in this EULA. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of this EULA will be implied into this EULA or any related contract.
4.) Acknowledgements and Warranty Limitations
1. The User acknowledges that complex software is never wholly free from defects, errors and bugs; and subject to the other provisions of this EULA, the Licensor gives no warranty or representation that the Software will be wholly free from defects, errors and bugs.
2. The User acknowledges that complex software is never entirely free from security vulnerabilities; and subject to the other provisions of this EULA, the Licensor gives no warranty or representation that the Software will be entirely secure.
3. The User acknowledges that the Software is only designed to be compatible with that software specified as compatible in the Software Specification; and the Licensor does not warrant or represent that the Software will be compatible with any other software.
4. The User acknowledges that the Licensor will not provide any legal, financial, accountancy or taxation advice under this EULA or in relation to the Software; and, except to the extent expressly provided otherwise in this EULA, the Licensor does not warrant or represent that the Software or the use of the Software by the User will not give rise to any legal liability on the part of the User or any other person.
5.) Indemnities
1. The User shall indemnify and shall keep indemnified the Licensor against any and all liabilities, damages, losses, costs and expenses (including legal expenses and amounts reasonably paid in settlement of legal claims) suffered or incurred by the Licensor and arising directly or indirectly as a result of any breach by the User of this EULA] (a "User Indemnity Event").
2. The Licensor must:
1. upon becoming aware of an actual or potential User Indemnity Event, notify the User;
2. provide to the User all such assistance as may be reasonably requested by the User in relation to the User Indemnity Event;
3. allow the User the exclusive conduct of all disputes, proceedings, negotiations and settlements with third parties relating to the User Indemnity Event; and
4. not admit liability to any third party in connection with the User Indemnity Event or settle any disputes or proceedings involving a third party and relating to the User Indemnity Event without the prior written consent of the User.
3. The indemnity protection set out in this text shall not be subject to the limitations and exclusions of liability set out in this EULA.
6.) Limitations and Exclusions of Liability
1. Nothing in this EULA will:
1. limit any liabilities in any way that is not permitted under applicable law; or
2. exclude any liabilities that may not be excluded under applicable law, and;
3. if a party is a consumer, that party's statutory rights will not be excluded or limited by this EULA, except to the extent permitted by law.
2. The limitations and exclusions of liability set out in this Clause 14 and elsewhere in this EULA:
1. are subject to Clause 14.1; and
2. govern all liabilities arising under this EULA or relating to the subject matter of this EULA, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this EULA.
3. The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
4. The Licensor will not be liable to the User in respect of any loss of profits or anticipated savings.
5. The Licensor will not be liable to the User in respect of any loss of revenue or income.
6. The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities.
7. The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.
8. The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage.
7.) Termination
1. We may terminate or suspend the access of any User of a Test or Promo License immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms of this EULA or our Website.
2. Either party may terminate this EULA immediately by giving written notice of termination to the other party if the other party commits any breach of this EULA.
3. Subject to applicable law, either party may terminate this EULA immediately by giving written notice of termination to the other party if:
1. the other party:
1. is dissolved;
2. ceases to conduct all (or substantially all) of its business;
3. is or becomes unable to pay its debts as they fall due;
4. is or becomes insolvent or is declared insolvent; or
5. convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;
2. an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party;
3. an order is made for the winding up of the other party, or the other party passes a resolution for its winding up (other than for the purpose of a solvent company reorganisation where the resulting entity will assume all the obligations of the other party under this EULA); or
4. if that other party is an individual:
1. that other party dies;
2. as a result of illness or incapacity, that other party becomes incapable of managing his or her own affairs; or
3. that other party is the subject of a bankruptcy petition or order.
8.) Effects of Termination
1. Upon the termination of this EULA, all of the provisions of this EULA shall cease to have effect, save that the following provisions of this EULA shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely)
2. Except to the extent expressly provided otherwise in this EULA, the termination of this EULA shall not affect the accrued rights of either party.
3. For the avoidance of doubt, the licenses of the Software in this EULA shall terminate upon the termination of this EULA; and, accordingly, the User must immediately cease to use the Software upon the termination of this EULA.
4. Within 10 Business Days following the termination of this EULA, the User must:
1. return to the Licensor or dispose of as the Licensor may instruct all media in its possession or control containing the Software; and
2. irrevocably delete from all computer systems in its possession or control all copies of the Software.
9.) General
1. No breach of any provision of this EULA shall be waived except with the express written consent of the party not in breach.
2. If any provision of this EULA is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of this EULA will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
3. This EULA may not be varied except by a written document signed by or on behalf of each of the parties.
4. The User hereby agrees that the Licensor may assign the Licensor's contractual rights and obligations under this EULA to any third party. Save to the extent expressly permitted by applicable law, the User must not without the prior written consent of the Licensor assign, transfer or otherwise deal with any of the User's contractual rights or obligations under this EULA.
5. This EULA is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to this EULA are not subject to the consent of any third party.
6. Subject to Clause 1.1, this EULA shall constitute the entire agreement between the parties in relation to the subject matter of this EULA, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.
7. This EULA shall be governed by and construed in accordance with German law.
8. The courts of Germany shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this EULA.
10. Interpretation
1. In this EULA, a reference to a statute or statutory provision includes a reference to:
1. that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and
2. any subordinate legislation made under that statute or statutory provision.
2. The Clause headings do not affect the interpretation of this EULA.
3. References in this EULA to "calendar months" are to the 12 named periods (January, February and so on) into which a year is divided.
4. In this EULA, general words shall not be given a restrictive interpretation by reason of being preceded or followed by words indicating a particular class of acts, matters or things.
NDI
1. As per the terms of the NDI SDK, you are:
1. prohibited from making any modifications to the SDK or any part thereof.
2. prohibited from any reverse engineering, disassembly or recompilation of the the SDK or any part thereof, or any protocols used in the SDK, and any attempt to do so.
3. required to comply with the terms of the NewTek SDK license, including that any Third Party Products you create have current and complete NDI® compatibility, and you are required to include in your End User License Agreement the terms of paragraph 3d of the NDI SDK .
2. NDI is provided "as is," with all faults, and NewTek makes no express or implied representations or warranties, of any kind related to this NDI or the materials contained in the NDI SDK.
3. To the extent permitted by applicable law, NewTek and/or its licensors bear no liability for any damages, whether direct, indirect, incidental or consequential, arising from the use of the Product or Bundled Products.
4. NewTek, Inc. is the copyright owner of NDI.
Spout
BSD 2-Clause License
Copyright (c) 2020, Lynn Jarvis
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The Spout SDK is released under the Simplified BSD licence.
Copyright (C) 2014-2024. Lynn Jarvis, , all rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
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