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XSTREAM MEDIA END-USER Licence Agreement and Terms and Conditions of Activation and Use. Ver.003

IMPORTANT : PLEASE READ THIS AGREEMENT CAREFULLY:
This END-USER License Agreement and Terms and Conditions of Activation and Use ("EULA") is a legal agreement between you the individual (either an individual or a single entity) and XSTREAM MEDIA (“XSTREAM MEDIA”) outlining the conditions for the use of the XSTREAM MEDIA software product accompanying this EULA. The product includes computer software and may include associated media, printed materials, and any online or electronic documentation hereinafter referred to as the ("SOFTWARE PRODUCT"). Do not install or use the SOFTWARE PRODUCT until you have read and accepted all of the terms and conditions of this EULA. Permission to use the SOFTWARE PRODUCT is conditional upon you agreeing to the terms and conditions of this EULA. Installation, copying or other use of the SOFTWARE PRODUCT by you will be deemed to be acceptance of the terms and conditions of this EULA. Acceptance will bind you to this EULA in a legally enforceable contract with XSTREAM MEDIA.

You agree and warrant that you enter into this EULA as the intended user (“END-USER”) of the SOFTWARE PRODUCT or as an authorised representative or agent of the intended END-USER of the SOFTWARE PRODUCT. In this EULA, references to "you" and "your" are references to the intended END-USER of the SOFTWARE PRODUCT.

SOFTWARE PRODUCT LICENCE

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed to the END-USER, not sold.

1. GRANT OF LICENSE AFTER EXERCISING OPTION.

Subject to the terms and conditions contained in this EULA, the END-USER is granted the following rights:

XSTREAM MEDIA grants you the right to install and use the SOFTWARE PRODUCT and for design, development, and testing purposes, expressly subject to the provisions regarding Registration/Activation. The option to be granted a license by XSTREAM MEDIA to use the SOFTWARE PRODUCT is conditional upon the SOFTWARE PRODUCT being Registered/Activated in accordance with the Registration/ Activation requirements contained in this EULA.

You may install and use this copy of the SOFTWARE PRODUCT on a maximum of two different computers provided that you are the only individual using the SOFTWARE PRODUCT.

Solely with respect to those portions of the SOFTWARE PRODUCT identified as Source Code ("Source Code"), XSTREAM MEDIA does not grant you the right to use or modify the Source Code version of the SOFTWARE PRODUCT for any purpose.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law.

Registration/Activation. Following installation of the SOFTWARE PRODUCT you must Register/Activate the SOFTWARE PRODUCT via the Internet using the XSTREAM MEDIA Website according to directions provided by XSTREAM MEDIA. You may choose not to Register/Activate the SOFTWARE PRODUCT for a maximum of 15 days or 60 SOFTWARE PRODUCT start-ups, (whichever occurs first) in accordance with the SOFTWARE PRODUCT installation procedure, however, should you fail to Register/Activate the SOFTWARE PRODUCT in accordance with these conditions the SOFTWARE PRODUCT will be rendered unusable. In order to continue to use the SOFTWARE PRODUCT you will then need to contact the XSTREAM MEDIA Help Desk for a manual Registration/Activation (a Registration/Activation Administration fee may apply). Registration/Activation is required in order to abide by the terms of this EULA. Failure to do so may result in this EULA being terminated at the total discretion of XSTREAM MEDIA. Any purchase price paid by you for the SOFTWARE PRODUCT only secures an option to the rights conferred by this EULA and is conditional upon compliance with the requirements for Registration/Activation. This option shall expire should you not Register/Activate the SOFTWARE PRODUCT within the required time frames. Subject only to any legal requirement to provide refunds imposed by local laws, after the expiration of the option, you agree to surrender any claims for a refund on the basis of expiration of the option. Such expiration may be extended at the absolute discretion of XSTREAM MEDIA should you pay any required Registration/Activation Administration fee. Registration/Activation Administration fees are outline on the XSTREAM MEDIA Website.

Rental. You may not sell, rent, or lease the SOFTWARE PRODUCT.

Support Services. No technical support will be provided for the SOFTWARE PRODUCT other than that provided for by the terms of this EULA. Support shall include at the absolute discretion of XSTREAM MEDIA: 1. Support via Email to the XSTREAM MEDIA Help Desk. 2. Support via telephone to the XSTREAM MEDIA Help Desk. XSTREAM MEDIA may refuse support for any reason at its absolute discretion. In accepting the terms of this EULA you agree to pay the Support Charges detailed in the Support Price list and updated from time to time by XSTREAM MEDIA on the XSTREAM MEDIA Website. All charges shall be paid in advance of support. Support inquiries that result from proven errors in the SOFTWARE PRODUCT will be the subject of a full or partial refund of all paid Support Charges. Support inquiries that are not proved to be the result of errors in the SOFTWARE PRODUCT shall not be the subject of a refund. Decisions regarding the refund of Support Charges shall be at XSTREAM MEDIA sole and absolute discretion and shall be final.

No Other Uses. You may not use the SOFTWARE PRODUCT in any way other than as expressly permitted under this EULA. You may not use XSTREAM MEDIA ’ name, logo, or trademarks to market the SOFTWARE PRODUCT without written approval of XSTREAM MEDIA. The user must indemnify, hold harmless, and defend XSTREAM MEDIA from and against any claims or lawsuits, including attorney’s fees that arise or result from the unauthorised use or distribution of the SOFTWARE PRODUCT.

Software Transfer. You may not transfer any of your rights under this EULA.

Limitation of Liability. In any case, liability shall be limited to a maximum of XSTREAM MEDIA selling price for the SOFTWARE PRODUCT. XSTREAM MEDIA shall not be liable for any representations made by its employees, representatives or third party partners regarding the performance of the product and / or the release of private information of the END-USER including, yet not limited to records, data, images due to breach of security of the SOFTWARE PRODUCT. XSTREAM MEDIA rely solely on your investigations of the product itself as to whether it shall be suitable for the purposes for which you intend to use the SOFTWARE PRODUCT. XSTREAM MEDIA advises that the END-USER should take any necessary further precautions to secure the SOFTWARE PRODUCT in accordance with the needs for which it is being utilised. In any case, any claim may not exceed the XSTREAM MEDIA selling price for the SOFTWARE PRODUCT. XSTREAM MEDIA has used its best endeavours to ensure that the SOFTWARE PRODUCT shall be suitable for its general intended purposes. In recognition of these best endeavours, you agree that XSTREAM MEDIA shall not be responsible for any defects or occurrences that may arise from or during the use of the SOFTWARE PRODUCT with any other products, goods, or services.

End User Information. XSTREAM MEDIA shall use any information, which the end user shall be requested to make available to XSTREAM MEDIA for its own purposes, subject to all relevant privacy laws. XSTREAM MEDIA shall use its best endeavours to protect such information collected yet shall not be held liable for access gained to such information by unauthorised parties.

Termination. Without prejudice to other rights that it may have, XSTREAM MEDIA may terminate this EULA should you fail to comply with the terms and conditions of this EULA. In the event of such termination and upon notice to you of termination, you shall be required to destroy all copies of the SOFTWARE PRODUCT.

3. COPYRIGHT.

All title and copyright in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are the property of XSTREAM MEDIA.

The SOFTWARE PRODUCT is subject to the protection of copyright laws and international treaty provisions. You are required to treat the SOFTWARE PRODUCT like any other copyrighted material subject to protection by laws and treaties. You may not copy the printed materials, if any, accompanying the SOFTWARE PRODUCT.

4. SUPPORT.

Support is subject to the availability in your particular region / country. Support may be subject to fees and charges. Hours of support differ from region to region. Support is non-transferable. For further details regarding support availability, fees and charges for support and hours of operation in your region please refer to the XStream Media Website at: www.xstreamm.com.

XStream Media Incident Support

1. Support is available for the software only and not for hardware.

2. Support is best efforts only if the user does not have the minimum system specifications recommended for the version of the software in use.

3. Incident Support is subject to the availability in your particular region / country. Please refer to the XStream Media Website at www.xstreamm.com.

5. Definition of an Incident is: a problem using the software due to one particular process/problem or misunderstanding. One call does not mean one incident. It may take more than one call to and from the Help Desk to solve an incident. Tis has been revised. See the Premier support definition

6. Best efforts to resolve incidents by XStream Media. If XStream Media have an update to fix the incident a refund of the most recent single fee paid may be provided to the user. This will be at XStream Media sole discretion.

7. If payment for support is rejected by user then support shall not be provided by XStream Media. If payment is not provided within 7 days of the initial request and XStream Media has provided support then , XStream Media is entitled to revoke the license of the software..

8. XStream Media maintain the right to revoke the end user’s license agreement for any reason which it shall see fit, which shall include but not be limited to: illegal use of the product, use other than the intended use.

9. XStream Media shall only provide support for the registered user/s of it’s products who have agreed to the EULA. Support is not transferable.

10. Multiple incident claims shall be charged as multiple incidents rates. Subsequent incidents that occur shall be charged as separate incidents regardless of the relationship to each other.

11. XStream Media reserve the right to refuse support to a user.

Timed Call Per Minute Support

1. This may be used for callers who wish to have assistance activating their software license. This activation process is available on our web site at no charge.

2. There shall be no priority queue other than order of calls received for this service shall be order they are handled.

3. The user shall pay according to the call time not the incident basis.

4. XStream Media shall reserve the right to refuse support for any reason.

Now that you have read the terms and conditions of this EULA you may only continue to use the SOFTWARE PRODUCT upon acceptance and in accordance with these terms and conditions. If you do not accept these terms and conditions and agree to be bound by them, please return the product to the place of purchase or contact XSTREAM MEDIA for a refund.