This License Agreement ("Agreement") is a legal agreement between You as an individual ("You" / "Licensee") and SplitmediaLabs Limited, a privately held Limited company with its principal place of business at 16/F Rykadan Capital Tower, 135 Hoi Bun Road, Kwun Tong, Kowloon, Hong Kong ("Licensor"), with respect to the XSplit products offered and/or provided to you by Licensor ("XSplit Product" / "Software") and is effective as of the date this Agreement is accepted ("Effective Date").
By accepting this Agreement, or paying for, downloading, deploying, installing, activating, copying or otherwise using the XSplit Products, You agree to be bound by all of the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install the XSplit Products and do not finalize payment for a paid license for the XSplit Products.
1.) Grant of License and Ownership. Subject to the terms and conditions contained in this Agreement, Licensor grants You a non-exclusive, non-transferable license to use the XSplit Products for purposes defined by the type of license for the XSplit Products that you have acquired (the "Purpose").
XSplit Free License: This license type may solely be used for testing and evaluation purposes. The XSplit Products may not be used for commercial use under this license. You may not use the XSplit Products for any type of commercial purpose, including but not limited to, use from which you may directly or indirectly derive revenue, use within or on behalf of any organization, which is not a non-profit or hobbyist organization, or to produce any type of work product which is not considered evaluation of the XSplit Products with the intent to purchase a license that allows commercial use.
XSplit Personal License: This license type may solely be used for personal purposes. The XSplit Products may not be used for commercial use under this license. You may not use the XSplit Products for any type of commercial purpose, including but not limited to, use from which you may directly or indirectly derive revenue, use within or on behalf of any organization, which is not a non-profit or hobbyist organization, or to produce any type of work product which is not considered evaluation of the XSplit Products with the intent to purchase a license that allows commercial use.
XSplit Premium License: This license type may be used for personal as well as commercial purposes.
If open source components are distributed along with the installation of the XSplit Products or used in the XSplit Products, you may refer to the text document "acknowledgement.txt" or "License.txt" for separate rights and license conditions applying to such software. Licensor has no obligation to provide you with, and this license does not entitle you to receive, any hard-copy documentation or other printed materials, technical support services, telephone assistance or modifications, enhancements or supplements to the XSplit Products.
2.) Installation and Use. Licensor is providing the XSplit Products to You for installation on any single computer.
a.) Meeting of Licensee Needs. You have the responsibility to familiarize yourself with the key functions of the XSplit Products before acquiring a paid license. The Licensee shall bear the risk as to whether the XSplit Products meets the individual requirements and needs of the Licensee. The setup of a functional hardware and software environment for the XSplit Products subject to the relevant agreement shall be the sole responsibility of the Licensee.
b.) Responsibility for User Accounts and Passwords. You are responsible for maintaining the confidentiality of User Accounts and Passwords. You agree to immediately notify Licensor of any unauthorized use of Your account of which You become aware. Otherwise, all guarantees as to service and performance given by Licensor to You shall be suspended.
c.) Improper Use. The XSplit Products may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by patent, copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Licensee acknowledges that transmission, distribution or storage of material, may require Licensee to acquire rights from a third party to avoid infringing on the rights of such third party.d.) Use of the X264 encoder. For encoding of video in H.264 compressed bit-stream format the XSplit Products makes use of the X264 encoder which is under commercial license from X264 LLC. The encoder is distributed with the XSplit Products as a dynamic link library named libx264*.dll which is considered an integral part of the XSplit Products. Use of this library is only permitted in connection with direct operation of the XSplit Products, subject to general usage guidelines, and must only be accessed indirectly by use of the command line or GUI interface of the XSplit Products.
4.) Trial Offers, Coupons, Credits and Special Offers. Licensor reserves the right to discontinue or modify trial offers, coupons, credits and special promotional offers at Licensor's sole discretion.
5.) Intellectual Property Rights. Licensor shall retain all rights, title and interest in the XSplit Products, including, without limitation, all intellectual property rights embodied therein. You will not acquire any rights, express or implied, in the XSplit Products, other than those specified in this Agreement. All third party licensors and suppliers retain all rights, title and interest in third party software and all copies thereof, including all copyrights and other intellectual property rights. Licensor does not claim any rights to any product or material produced by You, by use of the XSplit Products as production tools.
6.) License Restrictions. You may not distribute, sublicense, rent or lease the XSplit Products. You may not, nor may you authorize or assist others to: (i) reverse engineer, decompile, or disassemble the XSplit Products; (ii) modify, or create derivative works based upon the XSplit Products in whole or in part; (iii) distribute copies of the XSplit Products; (iv) remove or change any proprietary rights notices or labels on the XSplit Products or related products; or (v) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to the XSplit Products. Any use in violation of this Section 6 shall immediately terminate this Agreement.
7.) Term and Termination. For the XSplit Free License, Licensor reserves the right to terminate this Agreement without any notice. You have the right to use the XSplit Products for the Purpose from the period commencing upon acceptance of this Agreement and ending upon a termination date that may be specified by Licensor. For any paid license type for the XSplit Products, You have the right to use this paid license type for the Purpose, commencing upon payment and for a period as specified by the financial offer chosen by You, where after your license for the XSplit Products will revert to the XSplit Free License. Upon termination of this Agreement, all functionality of the XSplit Products will be deactivated and You must destroy and erase from computer memory the XSplit Products and all integrated third-party software unless otherwise is specified in this agreement or in accompanying documentation. You can terminate this agreement at any time by destroying and erasing from computer memory the XSplit Products and all integrated third-party software.
8.) Recurring Payments. You acknowledge and agree that some or all of Licensor's financial offers for a paid license type of the XSplit Products, may be offered on a subscription model, with automatic renewal of your license at the end of each license period (the "Renewal Date"), and subject to recurring payments. You will always be notified before making the first payment, if the chosen financial offer is subject to recurring payments, and by accepting such financial offer, You authorize Licensor to charge Your credit/debit card or PayPal account now and at each Renewal Date. Licensor will always notify you of any price increases, prior to charging Your credit card or account. Your subscription will continue and be renewed automatically until such time as You elect to cancel the subscription, prior to a Renewal Date. Upon cancellation, Your existing license for the XSplit Products will not be affected, however, Your credit/debit card or Paypal account will not be charged on the subsequent Renewal Date, and Your license type will revert to the Free License on this Renewal Date. You have the right to cancel Your subscription and recurring payments at any time.
9.) Confidential Information. You acknowledge and agree that any information, documentation, product related information or any other proprietary technology or know-how related to the XSplit Products, that cannot reasonably be considered public knowledge, that might be disclosed to You by Licensor, constitute "Confidential Information" of Licensor, and You agree to keep the same confidential and not to use the same for any purpose, other than the purpose for which Licensor disclosed this information to You. You will protect the Confidential Information by using the same degree of care as You would use to protect Your own Confidential Information, but no less than a reasonable degree of care, from the unauthorized use, dissemination or publication of the Confidential Information. You agree to hold all Confidential Information in confidence for a period of one (1) year from the date of termination or expiration of this Agreement.
10.) Rights to Feedback. You agree that the reports that You provide to Licensor, all suggestions, recommendations, and/or ideas, all authorized modifications or derivations made by You to the XSplit Products, or any other information you provide Licensor in relation to the XSplit Products ("Feedback") shall be deemed non-confidential to You and by providing Licensor with such Feedback, You are granting Licensor, under Your intellectual property rights, a worldwide, royalty-free, irrevocable and non-exclusive license, to use and disclose the Feedback in any manner Licensor chooses and to display, perform, copy, make, have made, use, sell, and otherwise dispose of Licensor's products embodying such Feedback in any manner and via any media Licensor choose, without reference or obligation to You.
11.) No Obligation. Licensor is under no obligation to further develop, maintain or market the XSplit Products or to release production or general availability versions.
12.) No Warranty. YOU ACKNOWLEDGE THAT THE XSPLIT PRODUCTS AND RELATED DOCUMENTATION ARE BEING DELIVERED "AS IS" WITHOUT WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL LICENSOR BE LIABLE TO YOU OR ANY OTHER PERSON FOR DAMAGES, DIRECT OR INDIRECT, OF ANY NATURE OR EXPENSES INCURRED BY YOU IN CONNECTION WITH THE USE OF THE XSPLIT PRODUCTS. YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO TERMINATE THIS LICENSE AGREEMENT WITH NO REFUND OPTIONS FOR UNUSED LICENSE PERIOD.
13.) Refund Policy. You acknowledge that You, through the use of the Free License for the XSplit Products, have had opportunity to test the XSplit Products prior to acquiring any paid license type for the XSplit Products. There are no returns or cancellations for Your purchase of any paid license types for the XSplit Products from Licensor. All sales are final, non-cancelable and non-refundable except as otherwise determined by Licensor in its sole discretion.You further acknowledge and agree that some or all of Licensor's financial offers for a paid license type of the XSplit Products, may be offered on a subscription model, subject to recurring payments and that You can cancel Your subscription at any time. Cancelling Your subscription after the beginning of a paid license period, does not entitle you to a full or partial refund for that license period. If You do not cancel Your recurring payment subscription before a Renewal Date, You are not entitled to a refund for the recurring payment charged to Your credit/debit card or Paypal account on that Renewal Date. You have the sole responsibility to cancel Your subscription before the Renewal Date if you do not wish to continue Your subscription.
14.) Licensor's commercial rights.a.) Alternative Products to the XSplit Products. Licensor may agree to license XSplit technology to third parties that may offer similar or identical solutions as the XSplit Products for free or at rates below those of the Licensor. Should you choose to use or license such product(s), Licensor cannot be held liable for refunding payments that you made to Licensor when purchasing a paid license for the XSplit Products.
b.) Licensor's Rights to Change Technology in Future Releases. You have the right to accept updates and new releases that may be offered for the XSplit Products by the Licensor in the license period. At the discretion of the Licensor, the Licensor may maintain access to older releases than the current official release for You to use. At any time Licensor has the right to change third party software that is integrated into the XSplit Products. When upgrading you are also accepting that you may lose rights to earlier versions and releases of the XSplit Products as well as any integrated third party software that may no longer be used.
c.) Licensor's rights to Provide Additional Services, Features, and Offers to Personal and Premium Licensees. The Licensor reserves the right to provide additional services, features and offers to Licensees who have acquired a higher license type of the XSplit Products than your current license type; a higher license type meaning any license type that is, for the same licensing period, generally offered at a higher price than your current license type.
d.) Licensor's right to launch ads for the XSplit Free License. When You are using the XSplit Free License, Licensor reserves the right to launch ads for products or events supported by Licensor or its affiliates.
e.) Licensor's Responsibilities in Regards to Online Streaming Services. When Licensee acquires a paid license type for the XSplit Products, it may be intended for streaming to a certain Online Streaming Service to which the XSplit Products supports a Broadcasting plugin. Licensor does not guarantee that any plugin for any Online Streaming Service is continually kept functional, since the Licensor cannot control the continued operation of the Online Streaming Service's services nor the continued maintenance of the Online Streaming Service's streaming API (Application Programming Interface). The Licensor's support for streaming to any Online Streaming Service may be discontinued for any number of reasons for which the Licensor will take no responsibility, no matter the motivation for which the Licensee bought the XSplit Products. Should the Licensee have bought a license from Licensor, which limits the Licensee to stream to an Online Streaming Service, which later ceases operations or no longer is supported by the XSplit Products, then the Licensee will have all restrictions in regards to streaming to other Online Streaming Services removed for the remainder of his license period as compensation. No monetary compensations will be provided under any circumstance.
15.) Indemnification. You agree to defend, indemnify and hold harmless Licensor from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out Your breach of any provision of this Agreement or Your use of the XSplit Products, including, but not limited to, the use of the XSplit Products to infringe on any third party intellectual property rights.
16.) Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of Hong Kong, without reference to its choice of law provisions. You agree that this Agreement supersedes any prior agreement, whether written or oral, and all other communications between Licensor and You relating to the subject matter of this Agreement. Licensor may change the terms of this Agreement at any time by posting modified terms on its website.
17.) Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable for any reason, it shall not affect any other provision of this Agreement, and this Agreement shall be construed as if said provision had never been contained in this Agreement.
© 2017 SplitmediaLabs, Ltd. All rights reserved. All trademarks and/or service marks of Licensor used in connection with the Software are trademarks and registered trademarks of SplitmediaLabs, Ltd.
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