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LICENSE AGREEMENT


THIS SOFTWARE IS OWNED BY NUVATION RESEARCH CORPORATION (HEREINAFTER REFERRED TO AS "NUVATION") OR RELATED THIRD PARTIES AND IS PROTECTED UNDER COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES. THIS SOFTWARE IS LICENSED, NOT SOLD. THIS SOFTWARE IS PROVIDED UNDER THE FOLLOWING LICENSE WHICH DEFINES WHAT YOU MAY DO WITH THE PRODUCT AND CONTATINS LIMITATIONS ON WARRANTIES AND/OR REMEDIES.

IMPORTANT: CAREFULLY READ THIS LICENSE AGREEMENT BEFORE USING THIS PRODUCT. INSTALLING, COPYING, OR OTHERWISE USING THIS PRODUCT INDICATES YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ THIS LICENSE AND AGREE TO ITS TERMS. IF YOU DO NOT AGREE, DESTROY ALL COPIES OF THIS SOFTWARE. PLEASE SEND YOUR COMMENTS TO NUVATION RESEARCH CORPORATION, ATTN: CUSTOMER SERVICE, 3590 NORTH FIRST STREET, SAN JOSE, CALIFORNIA, 95134, USA.

1. LICENSE: Nuvation provides you with Picture-in-Picture Video Streaming Code (the "Programs") which may also include digital data and electronic documentation, and printed materials (together called the "Product") and grants you a limited non-exclusive license to use the Product in accordance with the terms of this License Agreement. The copyright and all other rights to the Product shall remain with Nuvation and its related third parties. You must reproduce any copyright or other notice marked on the Product on any reference to the Product that you make.
2. YOU MAY: a) install and use one copy of the Product on a single computer or network. This copy is to be used only by a single user at a time. If you wish to use the Product for more users, you will need an additional license for each user. b) make one copy of the Product for archive or backup purposes.
3. YOU MUST NOT: a) make copies of the Product except as expressly permitted in Section 2 of this License. b) translate, reverse engineer, decompile, or disassemble the Product. c) Rent, lease, loan, sub-license, distribute, assign, or transfer the Product. d) Modify the Product or merge all or any part of the Product with another program.
4. TERM: This License shall continue for as long as you use the Product. However, this License will terminate automatically without notice if you fail to comply with any of its terms or conditions. You must agree upon termination, to destroy all copies of the Product. The Limitations of Warranties and Liability set out below shall continue in force even after any termination.
5. LIMITATIONS OF WARRANTY AND LIABILITY: THE PRODUCT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY. MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT IS ASSUMED BY YOU. NEITHER WE NOR OUR AGENTS OR SUPPLIERS SHALL HAVE ANY LIABILIITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. NUVATION AND ITS RELATED THIRD PARTIES ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY YOU OR ANY OTHER THIRD PARTY. OUR MAXIMUM AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH.
6. EXPORT CONTROLS: You agree not to export or re-export the Product to any country in violation of the export control laws of the United States of America.
7. GENERAL: This License is the entire agreement between us, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. This License shall be governed by and construed in accordance with the laws of the State of California, United States of America. If any provision of this License is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the Licensee and the other provisions shall remain in full force and effect.

 
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