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EULA

EKOMSYS MULTIMEDIA PLATFORM END USER LICENSE AGREEMENT

This End User Agreement ("EULA") is a binding agreement between you (either an individual or a single entity) and Ekomsys, LLC, a company duly incorporated under the laws of state of Texas, with its principal offices at 8100 W Anderson Mill Rd, #2108, Austin, Texas, 78729 (“Ekomsys”), the manufacturer of the software which this agreement is related to and any associated media, bonus software, and online or electronic documentation.

You must read and fully understand this EULA before you download and use Ekomsys Multimedia Platform software components (“Software”) that is licensed under the terms and conditions of this EULA.

Your use of the Software, as defined below, signifies your approval and acceptance to these terms and conditions contained in this EULA. If you do not agree to the terms and conditions of this EULA, you are not authorized to use the Software in any way, including but not limited to downloading, installing or copying it.

The Software is protected by copyright law and international copyright treaties, as well as other intellectual property laws and treaties.

In case you have any questions concerning this EULA or the Software and its installation, you may contact Ekomsys support team at the address above, or by sending an E-mail to support@ekomsys.com or visiting Ekomsys website: http://ekomsys.com

1. GENERAL.

1.1. The conditions of this EULA apply to any update, upgrade or additional component added to the Software originally downloaded by you. In the case that these include a separate agreement, its conditions will be in addition to the conditions of this agreement, unless the separate agreement specifies that its conditions prevail over the original conditions, and there is no doubt that the new agreement was approved by the Ekomsys.

1.2. This EULA constitutes the entire agreement between you and Ekomsys with respect to the use of the Software and it supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this agreement will be binding unless in writing and signed by an authorized representative of Ekomsys.

 1.3. All intellectual property rights in the Software and related documentation, including, but not limited to trademarks, copyright and patents belong to Ekomsys. It is hereby stated that this EULA does not give you ownership over the Software, but merely permits you to use the Software. Any comments, ideas, recommendations that you may provide to us about our products can be used by Ekomsys to improve its products, services and business processes and shall be considered Intellectual Property (IP) of Ekomsys.

1.4. Ekomsys makes no claims that the Software is appropriate to you. Access to the Software may not be legal by certain persons or in certain countries. If you install the Software, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

1.5. Ekomsys, its suppliers and affiliates reserve their right to discontinue any Internet based services, which may be available to you in relation to the Software.

2. SCOPE OF LICENSE.

2.1. The Software accompanying this EULA, regardless of the media on which it is distributed, is licensed to you by Ekomsys.

2.2. Upon acceptance of this EULA, Ekomsys authorizes you to download copy of the Software as per type of license granted to you by Ekomsys as specified in section 2.4 below.

2.3. Ekomsys reserves all rights and title concerning the Software, which hasn't been specifically awarded to you according to this EULA.

2.4. This EULA grants you the following rights ("License"):

2.4.1 Free license. Educational institutions may use Software for educational purposes only.

2.4.2 Evaluation license. Software may be licensed for one month as a free evaluation basis. Your rights to use are limited for one month, and you may only use the Software for development and demo purposes. You may not deploy it for production or distribute it. A full commercial license has to be obtained for redistribution or deployment. After the expiration of one month of evaluation period if you wish to convert your free license into a paid subscription, Ekomsys will quote the amount of the applicable fee. SOFTWARE FOR EVALUATION IS LICENSED "AS-IS," AND YOU BEAR THE RISK OF USING IT. EXCEPT AS REQUIRED BY LOCAL LAW, EKOMSYS GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS.

2.4.3 Commercial license. Subject to the terms of this License, Ekomsys grants you a limited, worldwide, non-assignable and non-exclusive license to use the Software solely to develop applications for your own internal use or for resale, deployment, distribution or licensing to third party end users. The fee payable by you will depend upon the type of license you purchase and the number of developers that use our Product:

2.4.3.1 Single Developer license – enables one developer to use the Software and includes a one-year subscription.

2.4.3.2 Team license – enables up to 6 developers to use the Software and includes a one-year subscription.

2.4.4 Copy for backup purposes – You may make one copy of the Software in machine-readable form for backup purposes only. You must clearly state on such copy a Ekomsys copyright notice and you must not transfer, sell, lease or lend allow any third party to as such with the Software or a copy of it to any person or entity.

2.4.5 Transferring your license

2.4.5.1 You may make a one-time permanent non-transferable transfer of the Software (in its original form as provided by Ekomsys) to another party, provided that:

a) The transfer must include all Software, including all its component parts, documentation and this License;

b) You do not retain any copies of our Software, full or partial, including copies stored on a computer or other storage device; and

c) The party receiving our Software agrees to accept this License in writing and a copy of the acceptance is emailed to us at sales@ekomsys.com along with registration data on the new licensee (company name, address, technical contact's name and email, accounting contact's name and email).

2.4.5.2 Except as set forth in Section 2.4.5.1 above, you may not transfer, rent, lease, lend, redistribute or sublicense Software without written consent of Ekomsys. Notwithstanding other sections of this License, any product provided to you on a promotional or trial basis may only be used for demonstration, testing and evaluation purposes and may not be resold or transferred.

2.5. Software use program libraries that are published under open source licenses, these third party libraries are not owned by Ekomsys. Upon request, Ekomsys can provide source code of any open source libraries used in the product. Use of some third party materials may be subject to terms and conditions typically found in a separate license agreement, terms of service or readme file located near such materials, see Third Party Software Notices and/or Additional Terms and Conditions.

3. RESTRICTION

In no event will your performance of activities with the Software be outside the scope and/or contrary to the Section 2.4 of this EULA, including, but not limited to:

3.1. You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form, including but not limited to source code.

3.2. You may not redistribute or transfer this Software to anyone other than the original licensee, unless you fully comply with the conditions abovementioned regarding "transferring your License".

3.3. You may not make any copies of the Software or its related documentation for any purpose unless you fully comply with the conditions above mentioned regarding "Copy for backup purposes".

3.4. You may not use in whole or part, any code, which is considered proprietary of Ekomsys, in any other Software or product that is freely distributed or commercially resold.

3.5. You may not transfer, resell or freely distribute this Software to others without the express written consent of an authorized Ekomsys representative.

3.6. In addition to any other condition or provision concerning jurisdiction or any other aspect of international law, you are also responsible for compliance with the laws of your local jurisdiction.

3.7. You agree that Ekomsys may audit your use of the Software for compliance with these terms at any time, upon reasonable notice.

3.8. Other Licensing Requirements
Additional licensing requirements apply to applications developed using Software:

  • Copyright Notice. An application that is developed with Software must contain the following copyright notice in the "about box" or software documentation/help file: "Portions of this program were developed using Software © 2015 Ekomsys, LLC. ALL RIGHTS RESERVED.”
  • End User License Agreement. The end user application developed with Software must be distributed with an EULA which prohibits reverse engineering, disassembly, modification and copying (other than for back up purposes) and which preserves Ekomsys intellectual property rights in the software to a commercially reasonable degree.
  • OEMs. If you want your application to be distributed by a third party under an OEM agreement, please contact us to obtain a separate license. If Ekomsys customer develops an application and wishes to allow a third party OEM to modify and redistribute the application, an OEM distribution license needs to be obtained by the customer for each OEM that will be modifying the software and redistributing it.
  • Licensing of third-party components or patents (such as those from Apple, MPEG LA or Dolby), that may be used together with our products or be an integral part of them, is your responsibility. This may be especially important for FFmpeg.
  • Software shall not be used to create products that target developers, programmers or software engineers such as, but not limited to software development kits, libraries (LIBs and DLLs), COM/ActiveX, .NET components or toolkits. Your application should not expose any of its functionality through an application programming interface (API) unless expressly permitted by Ekomsys. If you are not sure whether this applies to your application, please contact us.
  • Export Restrictions. Any end user application developed with Software is subject to the US Export Regulations. Thus an Ekomsys customer may not ship the end user application to any country where US law restricts exports, such as Cuba, Sudan, Iran or North Korea. (Please contact US Import Control Agency for a current list of prohibited territories.)

4. SUPPORT

Ekomsys will provide you with updates and email support in connection with commercially licensed Software for one (1) year, unless alternative terms have been explicitly granted to you in writing by Ekomsys, subject to your payment of the applicable fee and compliance with this License. Ekomsys uses reasonable efforts to address all known issues, but cannot make any warranty or guarantee on release schedules, release level updates or whether any release will be error-free and cure the known issue it was developed to address.

5. TERMINATION.

5.1. These EULA and License shall terminate immediately without notice from Ekomsys in the event you break any provision under this EULA. In which case you must delete or destroy the Software, the backup copy, related documentation and all copies thereof.

5.2. You may terminate the EULA at any time by fully deleting or destroying the Software, the backup copy, related documentation and all copies thereof. If so, these EULA and License will terminate immediately without notice from Ekomsys. As of the moment of their termination, you may no longer reuse the Software for any purpose without accepting the current Ekomsys Multimedia’s EULA.

6. DISCLAIMER OF WARRANTY.

6.1. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. EKOMSYS, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. EKOMSYS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE SOFTWARE OR PROVIDED ON OR THROUGH THE USE OF THE SOFTWARE. EKOMSYS DOES NOT MAKE ANY WARRANTY THAT THE SOFTWARE OR ITS USE SATISFIES ANY GOVERNMENT REGULATIONS.

6.2. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EKOMSYS OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT EKOMSYS OR ITS AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

7. LIMITATION OF LIABILITY.

7.1. IN NO EVENT SHALL EKOMSYS, ITS LICENSORS, ITS DIRECTORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE EKOMSYS WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE, MISUSE OR INABILITY TO USE THE SOFTWARE , WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EKOMSYS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.2. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

8. INDEMNITY.

8.1. You agree to defend, indemnify and hold Ekomsys, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Software in a manner that violates or is alleged to violate these EULA or any statutory and non-statutory regulations applicable to you.

8.2. Ekomsys shall provide notice to you promptly of any such claim, suit, or proceeding, and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit, or proceeding.

9. JURISDICTION AND GOVERNING LAW

9.1. This EULA shall be governed by and construed under the laws of the state of Texas without reference to its conflict of law principles. In the event of any conflicts between foreign law and the laws of the state of Texas, the laws of the state of Texas shall prevail and govern.

9.2. If, for any reason a court of competent jurisdiction finds any provision of this EULA or portion thereof, to be unenforceable, that provision of the EULA shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this EULA shall continue in full force and effect.

10. PRIVACY POLICY

10.1. During the installation process of the Software, you may be required to submit information concerning yourself including, but not limited to, your name, address, phone number and E-mail address. Ekomsys may keep this information for statistic and office purposes as well as for future contact with you.

10.2. You hereby declare that according to this agreement, you allow Ekomsys to collect this information, or any other information concerning you which was obtained by Ekomsys during normal business activity, and which may be deemed private in nature.

10.3. Ekomsys will not redistribute or provide to any third party personally-identifiable information collected in this process, unless ordered to do so by an authorized third party, such as the court.

10.4. Right of Reference. Ekomsys may, on its website, in its documents, brochures and other promotional materials, state that you are a customer of Ekomsys and may use your logo. However, we are likely to waive this term upon request.

 

We, agree that by continuing to download and use software we have read and fully understand the terms of this agreement and agree to be bound by all terms, conditions, and obligations contained herein

 

Copyright (c) 2015 Ekomsys, LLC. All rights reserved.