/templatedata/automated/resource_documents_support/data/network/downloads/prcs_eula_appliance_us

/templatedata/automated/resource_documents_support/data/network/downloads/prcs_eula_appliance_us
3725-75109-001A
END USER LICENSE AGREEMENT FOR POLYCOM® REALPRESENCE® CAPTURE STATION SOFTWARE
PRODUCT
IMPORTANT-READ CAREFULLY BEFORE USING THE SOFTWARE PRODUCT: This End-User License
Agreement ("Agreement") is a legal agreement between you and/or any company you represent, “you” and
either Polycom (Netherlands) B.V. (if you are located in Europe, Middle East, or Africa), Polycom Asia
Pacific PTE Ltd. (if you are located in Asia Pacific), or Polycom, Inc. (if you are located in the rest of the
world) (each referred to individually and collectively herein as “POLYCOM”), for the SOFTWARE PRODUCT
(as defined below) licensed by POLYCOM or its suppliers.
Unless otherwise agreed in writing by POLYCOM, by accepting these terms or by installing, downloading,
copying, or otherwise using the SOFTWARE PRODUCT, you agree to be and will be bound by the terms of
this Agreement as a condition of your license and the terms and conditions of this Agreement will prevail
over any inconsistent, conflicting, additional or preprinted terms. If you do not agree to the terms of this
Agreement, your use is prohibited and you may not install or use the SOFTWARE PRODUCT.
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 (not sold) to you, and its use is
subject to the terms of this Agreement. This is NOT a sale contract.
DEFINITIONS
“SOFTWARE PRODUCT” means computer software, including any software updates or upgrades thereto, and
associated media, printed materials, and "online" or electronic documentation identified on an AUTHORIZED
PURCHASE ORDER.
“DEVICE” means the POLYCOM hardware product with which the SOFTWARE PRODUCT is supplied or, if this
SOFTWARE PRODUCT is delivered as software only, on a device (including but not limited to minimum hardware
or software requirements) outlined in the SOFTWARE PRODUCT supporting documentation.
“AUTHORIZED PURCHASE ORDER” means an ordering document describing the type, duration and number of
SOFTWARE PRODUCT licenses ordered by you through, and accepted by, an AUTHORIZED SELLER.
“AUTHORIZED SELLER” means POLYCOM or any of POLYCOM’s distributors, resellers or other business
partners authorized to resell POLYCOM products.
“LICENSE ACTIVATION” means the date you enter the license key provided to you by an AUTHORIZED SELLER.
I. DEMONSTRATION/LABORATORY/DEVELOPER LICENSE
If you have received the SOFTWARE PRODUCT for purposes of evaluation (“Demonstration”) or you have
purchased a Laboratory or Developer License then this SOFTWARE PRODUCT is licensed to you per the
terms set forth below.
A.
Demonstration License.
License Grant. Subject to the terms of this Demonstration License, POLYCOM grants you a limited, nonexclusive, non-transferable license, to install and use, on a DEVICE, the SOFTWARE PRODUCT listed in your
AUTHORIZED PURCHASE ORDER solely to evaluate its suitability for your personal or internal business
requirements.
Demonstration Period. Your Demonstration License is limited to sixty (60) calendar days from LICENSE
ACTIVATION (“DEMONSTRATION PERIOD”).
Limited Use Software. Portions of the full-use version of the SOFTWARE PRODUCT may be restricted. Full
use of the SOFTWARE PRODUCT may be provided when a Standard Use or Subscription license key is
purchased. If you have entered data into the SOFTWARE PRODUCT during the DEMONSTRATION PERIOD
and your DEMONSTRATION PERIOD ends, you may not have access to your data. POLYCOM accepts no
liability for any lost data due to an expiring Demonstration License.
POLYCOM® REALPRESENCE® CAPTURE STATION END USER LICENSE AGREEMENT 2-24-14
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B.
Laboratory and Developer License.
License Grant. Subject to the terms of this Laboratory and Developer License, POLYCOM grants you a limited,
non-exclusive, non-transferable license to install and use, on a DEVICE, the SOFTWARE PRODUCT listed in
your AUTHORIZED PURCHASE ORDER solely to use and test the SOFTWARE PRODUCT in a nonproduction, evaluation, and personal or internal business environment.
Laboratory and Developer License Period. Your Laboratory and Developer License begins upon LICENSE
ACTIVATION and ends after the duration listed in your AUTHORIZED PURCHASE ORDER (“LABORATORY
AND DEVELOPER LICENSE PERIOD”).
C.
Disclaimer of Warranty. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT,
THE SOFTWARE PRODUCT IS PROVIDED ONLY FOR EVALUATION PURPOSES ON AN "AS IS" BASIS.
POLYCOM EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS
INCLUDING THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY
QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
D.
Additional Terms. The following additional terms of the Agreement shall also apply to this
Demonstration/Laboratory/Developer License: Sections IV. 1 (Restrictions), IV. 2 (Other Rights and
Limitations), IV. 4 (Term, Termination and Survival), IV. 7 (Limitation of Liability), IV. 8 (Indemnity), IV. 9
(Disclaimer), IV. 10 (Export Controls), and IV. 11 (Miscellaneous).
II. SUBSCRIPTION LICENSE
If you have purchased a Subscription License then this SOFTWARE PRODUCT is licensed to you per the
terms set forth below.
A. Grant of License. Subject to the terms of this Agreement, and during the SUBSCRIPTION PERIOD, POLYCOM
grants to you a non-exclusive, non-transferable (except as set forth herein) license to install and use, on a DEVICE,
for personal or internal business purposes the SOFTWARE PRODUCT listed in your AUTHORIZED PURCHASE
ORDER . You are not required to purchase a USER license for GUESTS; however, GUESTS do consume a
CONCURRENT CONNECTION license.
B. Definitions.
“BURST” means a limited duration license, listed in your AUTHORIZED PURCHASE ORDER , allowing you to
temporarily increase the number of SOFTWARE PRODUCT CONCURRENT CONNECTIONS licensed by you in
your purchase order.
“CONCURRENT CONNECTION” means a single audio or video communication endpoint in a multipoint conference
call. A CONCURRENT CONNECTION is either a Standard Connection or a Universal Connection as those are
defined in the SOFTWARE PRODUCT solution documentation. POINT TO POINT calls are not considered
CONCURRENT CONNECTIONS and do not require a separate license.
“GUEST” means a third party conference call participant invited to a conference call by a USER and who
does not fit the definition of USER. GUESTS may not create or manage meetings on behalf of your company.
“POINT TO POINT CALLS” means any call made directly between no more than two users on compatible devices
that does not utilize POLYCOM’s multipoint bridging technology. POINT TO POINT CALLS may not have all of the
same features and capabilities of a call made using a CONCURRENT CONNECTION.
“SUBSCRIPTION PERIOD” means the period of time you have licensed the SOFTWARE PRODUCT,
beginning upon LICENSE ACTIVATION and ending after the duration listed in your AUTHORIZED PURCHASE
ORDER.
"USER" means one individual employee, consultant, contractor, agent or student or one video conferencing device
not assigned to a unique individual, within your company or legally recognized entity that is authorized by you to
directly or indirectly use the SOFTWARE PRODUCT and to whom you have assigned a unique SOFTWARE
PRODUCT user identification and password. A USER license is for an individual or single video conferencing
POLYCOM® REALPRESENCE® CAPTURE STATION END USER LICENSE AGREEMENT 2-24-14
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device USER only and cannot be shared or used by more than one individual or multiple video conferencing
devices not assigned to a unique individual. USER licenses may be reassigned to new USERs.
C. Additional Terms. Except for Section I & III, all of the terms of this Agreement shall also apply to this
Subscription License.
III. STANDARD USE LICENSE
If you have purchased a Standard Use License then this SOFTWARE PRODUCT is licensed to you per the
terms set forth below.
A. Grant of License. Subject to the terms of this Agreement, POLYCOM grants to you a non-exclusive, nontransferable (except as set forth herein), perpetual (unless otherwise terminated per the terms of this Agreement)
license to install and use, on a DEVICE, for personal or internal business purposes the number and type of
SOFTWARE PRODUCT licenses listed in your AUTHORIZED PURCHASE ORDER.
B. Additional Terms. Except for Sections I & II, all of the terms of this Agreement shall also apply to this Standard
Use License.
IV. ADDITIONAL TERMS AND CONDITIONS
1. Restrictions
1.1
You may use the SOFTWARE PRODUCT pursuant to the license grant above and subject to the following
terms and the proprietary notices in the SOFTWARE PRODUCT or on the media upon which the SOFTWARE
PRODUCT is provided. You are not permitted to lease, rent, distribute, assign, sell or sublicense the SOFTWARE
PRODUCT, in whole or in part, or to use the SOFTWARE PRODUCT in a time-sharing, subscription service,
service bureau, hosting or outsourcing arrangement or in any other unauthorized manner. Further, no license is
granted to you in the human readable code of the SOFTWARE PRODUCT (source code). Except as expressly
provided below, this License Agreement does not grant you any rights to patents, copyrights, trade secrets,
trademarks, or any other rights in the SOFTWARE PRODUCT. You are solely responsible for use of the
SOFTWARE PRODUCT by your agents, contractors, outsourcers, customers and suppliers and their compliance
with this Agreement.
1.2
You may not reverse engineer, decompile, modify or disassemble the SOFTWARE PRODUCT or
otherwise reduce the SOFTWARE PRODUCT to human-perceivable form in whole or in part, except and only to the
extent that such activity is expressly permitted by a third party license or applicable laws (in any instance where the
law permits any such action, you agree to provide POLYCOM at least ninety (90) days advance written notice of
your belief that such action is warranted and permitted and to provide POLYCOM with an opportunity to evaluate if
the law’s requirements necessitate such action). The foregoing includes but is not limited to review of data
structures or similar materials produced by SOFTWARE PRODUCT. The SOFTWARE PRODUCT is licensed as a
single product. Its component parts may not be separated for use on more than one DEVICE. You may not use the
SOFTWARE PRODUCT for any illegal purpose or conduct.
1.3
You may not modify, translate or create derivative works of the SOFTWARE PRODUCT.
1.4
You may not remove or obscure any proprietary notices, identification, label or trademarks on or in the
SOFTWARE PRODUCT or the supporting documentation.
2. Other Rights and Limitations
2.1
Back-up. Except as expressly provided for under this Agreement you may not copy the SOFTWARE
PRODUCT; except, however, during the term of this Agreement you may keep or POLYCOM may provide one copy
of the SOFTWARE PRODUCT and, if applicable, one copy of any previous version, for back-up purposes, only to
be used in the event of and during a failure of the original. All copies of the SOFTWARE PRODUCT must be
marked with the proprietary notices provided on the original SOFTWARE PRODUCT. You may not reproduce the
supporting documentation accompanying the SOFTWARE PRODUCT.
POLYCOM® REALPRESENCE® CAPTURE STATION END USER LICENSE AGREEMENT 2-24-14
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2.2
Software Transfer. If you have purchased a Standard Use license, you may permanently transfer all of
your rights under this Agreement, solely in connection with transfer of the DEVICE, if applicable, provided you retain
no copies, you transfer all of the SOFTWARE PRODUCT (including the media and printed materials, any upgrades
or updates, and this Agreement), and the recipient agrees to the terms of this Agreement. If the SOFTWARE
PRODUCT is an upgrade or update, any transfer must include all prior versions of the SOFTWARE PRODUCT.
However, if the SOFTWARE PRODUCT is marked "Not for Resale" or "NFR", you may not resell it or otherwise
transfer it for value.
2.3
Copyright. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any
images, photographs, animations, video, audio, music, text, programs and "applets" incorporated into the
SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are
owned by POLYCOM or its suppliers. Title, ownership rights, and intellectual property rights in the SOFTWARE
PRODUCT shall remain in POLYCOM or its suppliers. Title and related rights in the content accessed through the
SOFTWARE PRODUCT is the property of such content owner and may be protected by applicable law. This
Agreement gives you no rights in such content.
2.4
Confidentiality. The SOFTWARE PRODUCT contains valuable proprietary information and trade secrets
of POLYCOM and its suppliers that remain the property of POLYCOM. You shall protect the confidentiality of, and
avoid disclosure and unauthorized use of, the SOFTWARE PRODUCT.
With respect to technical information you provide to POLYCOM as part of your use of SOFTWARE PRODUCT or
SUPPORT SERVICES, POLYCOM may use such information for its business purposes, including for product
support and development. POLYCOM will not utilize such technical information in a form that personally identifies
you.
2.5
Dual-Media Software. You may receive the SOFTWARE PRODUCT in more than one medium.
Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your
DEVICE. You may not use or install the other medium on another DEVICE.
2.6
Reservation of Rights. POLYCOM and its suppliers reserve all rights in the SOFTWARE PRODUCT not
expressly granted to you in this Agreement.
2.7
Additional Obligations. You are responsible for all equipment and any third party fees (such as carrier
charges, internet fees, or provider or airtime charges) necessary to access the SOFTWARE PRODUCT.
2.8
Installation. You acknowledge that installation of the SOFTWARE PRODUCT and, as applicable, use of
additional software features may involve a license key that may restrict installation of the SOFTWARE PRODUCT to
the SOFTWARE PRODUCT licensed. POLYCOM may also embed algorithms in the SOFTWARE PRODUCT that
periodically compare the SOFTWARE PRODUCT licenses enabled against the SOFTWARE PRODUCT licensed.
You further acknowledge that the SOFTWARE PRODUCT requires activation on initial installation of the
SOFTWARE PRODUCT and future events including, but not limited to, updates and changes to your hardware on
which the SOFTWARE PRODUCT is installed. You acknowledge that the license key and internal controls in the
SOFTWARE PRODUCT may not restrict usage to the licensed amounts and do not ensure compliance with this
Agreement.
3. Support Services
POLYCOM may provide you with support services, including support services related to the provisioning and
availability of SOFTWARE PRODUCT updates and upgrades, related to the SOFTWARE PRODUCT ("SUPPORT
SERVICES"). Unless otherwise agreed in writing by POLYCOM, Use of SUPPORT SERVICES and any
supplemental software code provided to you as part of the SUPPORT SERVICES is governed by the terms and
conditions of POLYCOM's Worldwide Service Program for End User Customers and the applicable Service
Description.
4. Term, Termination and Survival
This Agreement is in effect from the date of download of the SOFTWARE PRODUCT through the period in the
applicable license grant as set forth above. This Agreement will terminate automatically if you fail to comply with any
of the terms and conditions of this Agreement. POLYCOM shall have the right to audit your use of the SOFTWARE
POLYCOM® REALPRESENCE® CAPTURE STATION END USER LICENSE AGREEMENT 2-24-14
3725-75108-001A
PRODUCT in conjunction with this Agreement, and you will provide reasonable assistance for this purpose. In the
event of any termination, you must cease use of the SOFTWARE PRODUCT, and destroy all copies of the
SOFTWARE PRODUCT and all of its component parts. You may terminate this Agreement at any time by
destroying the SOFTWARE PRODUCT and all of its component parts. Termination of this Agreement shall not
prevent POLYCOM or its suppliers from claiming any further damages. If you do not comply with any of the above
restrictions, this license will terminate and you will be liable to POLYCOM and its suppliers for damages or losses
caused by your non-compliance. The waiver by POLYCOM of a specific breach or default shall not constitute the
waiver of any subsequent breach or default.
The following provisions shall survive the expiration or termination of this Agreement: Sections IV.1 (Restrictions),
IV.2 (Other Rights and Limitations), IV.5 (Term, Termination and Survival), IV.7 (Limitation of Liability), IV.8
(Indemnity), IV.9 (Disclaimer), IV.10 (Export Controls), and IV.11 (Miscellaneous).
5. Upgrades
If the SOFTWARE PRODUCT is labeled as an upgrade or update, you must be properly licensed to use the
software identified by POLYCOM as being eligible for the upgrade or update in order to use the SOFTWARE
PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade or update replaces and/or supplements the software
that formed the basis for your eligibility for the upgrade or update. You may use the resulting upgraded/updated
SOFTWARE PRODUCT only in accordance with the terms of this Agreement. If the SOFTWARE PRODUCT is an
upgrade or update of a component of a package of software programs that you licensed as a single product, the
SOFTWARE PRODUCT may be used and transferred only as part of that single SOFTWARE PRODUCT package
and may not be separated for use on more than one DEVICE.
6. Warranty and Warranty Exclusions
6.1
Limited Warranty. Except as otherwise set forth in a Third Party License or in third party license terms set
forth below, POLYCOM warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with
the accompanying documentation for a period of ninety (90) days from the date of shipment by POLYCOM or the
SOFTWARE PRODUCT is initially downloaded by you, as applicable, and (b) any SUPPORT SERVICES provided
by POLYCOM shall be substantially as described in applicable written materials provided to you by POLYCOM.
This warranty is valid only for the original purchaser. POLYCOM DOES NOT WARRANT THAT YOUR USE OF
THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL DEFECTS IN THE
SOFTWARE PRODUCT WILL BE CORRECTED. YOU ASSUME FULL RESPONSIBILITY FOR THE SELECTION
OF THE SOFTWARE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION,
USE AND RESULTS OBTAINED FROM THE SOFTWARE PRODUCT. IF THE SOFTWARE PRODUCT DOES
NOT OPERATE AS WARRANTED ABOVE, POLYCOM'S SOLE OBLIGATION UNDER THIS EXPRESS
WARRANTY SHALL BE, AT POLYCOM'S OPTION AND EXPENSE, TO REPAIR OR REPLACE THE DEFECTIVE
SOFTWARE, OR IF NEITHER OF THE TWO FOREGOING OPTIONS IS REASONABLY AVAILABLE, POLYCOM
MAY, IN ITS SOLE DISCRETION REFUND TO YOU THE PURCHASE PRICE PAID FOR THE DEFECTIVE
PRODUCT. Any replacement SOFTWARE PRODUCT will substantially conform to the accompanying
documentation and be warranted for the remainder of the original warranty period or thirty (30) days, whichever is
longer.
6.2
Warranties Exclusive. TO THE FULL EXTENT ALLOWED BY LAW, THE FOREGOING WARRANTIES
AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, TERMS, OR
CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR
OTHERWISE, INCLUDING WARRANTIES, TERMS, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION, AND NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. POLYCOM NEITHER ASSUMES NOR
AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE
SALE, INSTALLATION, MAINTENANCE OR USE OF THE SOFTWARE PRODUCT. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM POLYCOM OR THROUGH OR
FROM THE SOFTWARE PRODUCT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS
AGREEMENT.
NEITHER POLYCOM NOR ITS SUPPLIERS SHALL BE LIABLE UNDER THIS WARRANTY IF ITS TESTING AND
EXAMINATION DISCLOSE THAT THE ALLEGED DEFECT OR MALFUNCTION IN THE SOFTWARE PRODUCT
DOES NOT EXIST OR WAS CAUSED BY YOUR OR ANY THIRD PARTY'S MISUSE, NEGLECT, IMPROPER
POLYCOM® REALPRESENCE® CAPTURE STATION END USER LICENSE AGREEMENT 2-24-14
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INSTALLATION OR TESTING, UNAUTHORIZED ATTEMPTS TO MODIFY THE SOFTWARE PRODUCT, OR ANY
OTHER CAUSE BEYOND THE RANGE OF THE INTENDED USE, OR BY ACCIDENT, FIRE, LIGHTNING,
POWER CUTS OR OUTAGES, OTHER HAZARDS, OR ACTS OF GOD.
7. Limitation of Liability
YOUR USE OF THE SOFTWARE PRODUCT IS AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OR USE OF THE SOFTWARE PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL POLYCOM OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUE; BUSINESS INTERRUPTION OR
WORK STOPPAGE; COMPUTER FAILURE OR MALFUNCTION; LOSS OF BUSINESS INFORMATION, DATA
OR DATA USE; LOSS OF GOODWILL; OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF
OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE
SUPPORT SERVICES, EVEN IF POLYCOM OR ITS SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
POLYCOM’S SUPPLIERS BE LIABLE FOR ANY DIRECT DAMAGES WHATSOEVER ARISING OUT OF THE
USE OR THE INABILITY TO USE THE SOFTWARE PRODUCT. IN ANY CASE, POLYCOM'S ENTIRE LIABILITY
SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE
PRODUCT OR U.S. $1.00. NOTWITHSTANDING THE TERMS OF THIS SECTION 7, IF YOU HAVE ENTERED
INTO A POLYCOM SUPPORT SERVICES AGREEMENT, POLYCOM'S ENTIRE LIABILITY REGARDING
SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT.
8. Indemnity
You agree to indemnify and hold harmless POLYCOM and its subsidiaries, affiliates, officers, agents, co-branders,
customers, suppliers or other partners, and employees, from any loss, claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your use of the SOFTWARE PRODUCT, your
connection to the SOFTWARE PRODUCT, or your violation of the Terms.
9. Disclaimers
9.1
Local Laws. Some countries, states, or provinces do not allow the exclusion or limitation of implied
warranties or the limitation of incidental or consequential damages for certain products supplied to consumers, or
the limitation of liability for death or personal injury, so the above limitations and exclusions may be limited in their
application to you. When the implied warranties are not allowed to be excluded in their entirety due to local law, they
will be limited to the duration of the applicable warranty.
9.2
Quality. POLYCOM cannot guarantee that the SOFTWARE PRODUCT will always function without
disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the
SOFTWARE PRODUCT, and may result in the failure of your communications including but not limited to: your local
network, firewall, your internet service provider, the public internet, the public switched telephone network and your
power supply. POLYCOM takes no responsibility for any disruption, interruption or delay caused by any failure of or
inadequacy in any of these items or any other items over which we have no control.
10. Export Controls
You acknowledge that the SOFTWARE PRODUCT may be subject to export and/or import laws and regulations of
various countries, including but not limited to the US Export Administration Regulations, restricting the download,
transfer, reexport, sale and import of the SOFTWARE PRODUCT to certain countries and persons. You further
acknowledge that the SOFTWARE PRODUCT may include encryption/decryption features subject to licensing
restrictions under US and other applicable laws for export, re-export, import or in-country transfer. You shall fully
comply with all applicable export license restrictions and requirements as well as with all laws and regulations
relating to the importation of the SOFTWARE PRODUCT, in the United States and in any foreign jurisdiction into
which the SOFTWARE PRODUCT is downloaded or used. Without limiting the foregoing, the SOFTWARE
PRODUCT may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of,
other than a national lawfully admitted for permanent residence in third-countries) Cuba, Iran, North Korea, Sudan,
Syria or any other country against which the U.S. maintains comprehensive country-wide sanctions from time to
POLYCOM® REALPRESENCE® CAPTURE STATION END USER LICENSE AGREEMENT 2-24-14
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time; (ii) any end user known, or having reason to be known, will utilize them in the design, development or
production of nuclear, chemical or biological weapons; or (iii) to any restricted party identified on the U.S. Treasury
Department's list of Specially Designated Nationals, the U.S. Commerce Department's Denied Persons List, Entity
List or Unverified List as in force from time to time (see:
http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm). By downloading or using the SOFTWARE
PRODUCT, you are agreeing to the foregoing and you are representing and warranting that you are not located in,
under the control of, acting on behalf of, or a national or resident of any such country or on any such list. If you
obtained this SOFTWARE PRODUCT outside of the United States, you are also agreeing that you will not export or
re-export it in violation of the laws of the country in which it was obtained including but not limited to export and
sanctions laws.
11. Miscellaneous
11.1
Governing Law. This Agreement shall be governed by the laws of the State of California, without
reference to conflict of laws principles and any disputes will be subject to the exclusive jurisdiction of the Superior
Court of Santa Clara County and/or the United States District Court for the Northern District of California. The
losing party in any dispute will pay all court costs and legal fees finally awarded. . The United Nations Convention
on Contracts for the International Sale of Goods (1980) and the Uniform Computer Information Transactions Act
(UCITA) are hereby excluded in their entirety from application to this Agreement.
11.2
Entire Agreement. This Agreement represents the complete agreement concerning the SOFTWARE
PRODUCT and may be amended only by a writing executed by both parties. If any provision of this Agreement is
held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
11.3
Contact. If you have any questions concerning this Agreement, or if you desire to contact POLYCOM for
any reason, please contact the POLYCOM office serving your country.
11.4
U.S. Government Restricted Rights. The software and documentation provided by POLYCOM pursuant
to this Agreement are “Commercial Items,” as the term is defined at 48 C.F.R. §2.101, consisting of “Commercial
Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R.
§12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1
through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software
Documentation are licensed to United States Government end users (1) only as Commercial Items and (2) with only
those rights as are granted to all other users pursuant to the terms of this Agreement.
11.5
High Risk Use. The SOFTWARE PRODUCT is not fault-tolerant and is not designed or Intended for use
in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear
facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support
machines, or any other application in which the failure of the SOFTWARE PRODUCT could lead directly to death,
personal injury, or severe physical or property damage (collectively, "High Risk Use"). You are not licensed to, and
you agree not to, use, distribute or sublicense the use of the SOFTWARE PRODUCT in, or in conjunction with, High
Risk Use. High Risk Use is STRICTLY PROHIBITED. POLYCOM AND ITS SUPPLIERS EXPRESSLY DISCLAIM
ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK USE.
11.6
Third Party Software. The SOFTWARE PRODUCT may be distributed with software governed by
licenses from third parties (“Third Party Software” and “Third Party License”). Any Third Party Software is licensed
to you subject to the terms and conditions of the corresponding Third Party License, notwithstanding anything to the
contrary in this Agreement. More information on Third Party Licenses included in the SOFTWARE PRODUCT can
be found in the documentation for each SOFTWARE PRODUCT. POLYCOM makes no representation or warranty
concerning Third Party Software and shall have no obligation or liability with respect to Third Party Software. If the
Third Party Licenses include licenses that provide for the availability of source code and the corresponding source
code is not included with the SOFTWARE PRODUCT, then check the documentation supplied with each
SOFTWARE PRODUCT to learn how to obtain such source code.
11.7
Translations. This Agreement may have been translated into various languages for the convenience of
POLYCOM’s customers. While the translation is correct to the best of POLYCOM’s knowledge, POLYCOM is not
responsible or liable in the event of an inaccuracy. English is the controlling language of this Agreement, and any
translation has been prepared for you as a courtesy only. In the event of a conflict between the English-language
POLYCOM® REALPRESENCE® CAPTURE STATION END USER LICENSE AGREEMENT 2-24-14
3725-75108-001A
version of this Agreement and a version that has been translated into another language, the English-language
version of this Agreement shall control.
11.8
Application Programming Interfaces (API). To the extent the SOFTWARE PRODUCT includes APIs,
you agree that your access and use of the APIs will be governed by the terms of the current “Application
Programming Interfaces License Agreement” located at www.support.polycom.com.
BY INSTALLING, COPYING, OR OTHERWISE USING THIS SOFTWARE PRODUCT YOU ACKNOWLEDGE
THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Polycom, Inc. © 2014. ALL RIGHTS RESERVED.
6001 America Center Drive
San Jose, CA 95002
U.S.A.
Portions utilize Microsoft Windows Media Technologies Copyright © 1999-2002 Microsoft Corporation. All Rights
Reserved.
Portions of this program were developed using LEADTOOLS © 1991-2011 LEAD Technologies, Inc. ALL RIGHTS
RESERVED.
MICROSOFT SOFTWARE LICENSE TERMS
WINDOWS EMBEDDED STANDARD 7
These license terms are an agreement between you and Polycom. Please read them. They apply to the software
included on this device. The software also includes any separate media on which you received the software.
The software on this device includes software licensed from Microsoft Corporation or its affiliate.
The terms also apply to any Microsoft updates, supplements, Internet-based services, and support services for this
software, unless other terms accompany those items. If so, those terms apply. If you obtain updates or supplements
directly from Microsoft, then Microsoft, and not Polycom, licenses those to you.
As described below, using the software also operates as your consent to the transmission of certain
computer information for Internet-based services.
By using the software, you accept these terms. If you do not accept them, do not use the software. Instead,
contact Polycom to determine its return policy for a refund or credit.
If you comply with these license terms, you have the rights below.
1. USE RIGHTS
Use. The software license is permanently assigned to the device with which you acquired the software. You
may use the software on the device.
2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS
a. Specific Use. Polycom designed the device for a specific use. You may only use the software for that use.
b. Other Software. You may use other programs with the software as long as the other programs

directly supports the manufacturer’s specific use for the device, or

provide system utilities, resource management, or anti-virus or similar protection.
• Software that provides consumer or business tasks or processes may not be run on the device. This
includes email, word processing, spreadsheet, database, scheduling and personal finance software.
The device may use terminal services protocols to access such software running on a server.
c. Device Connections. You may not use the software as server software. In other words, more than one
device may not access, display, run, share or use the software at the same time.
You may use terminal services protocols to connect the device to a server running business task or
processes software such as email, word processing, scheduling or spreadsheets.
You may allow up to ten other devices to access the software to use

File Services,

Print Services,

Internet Information Services, and

Internet Connection Sharing and Telephony Services.
POLYCOM® REALPRESENCE® CAPTURE STATION END USER LICENSE AGREEMENT 2-24-14
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3.
4.
5.
6.
The ten connection limit applies to devices that access the software indirectly through “multiplexing” or
other software or hardware that pools connections. You may use unlimited inbound connections at any
time via TCP/IP.
d. Remote Access Technologies. You may access and use the software remotely from another device
using remote access technologies as follows.
Remote Desktop. The single primary user of the device may access a session from any other device using
Remote Desktop or similar technologies. A “session” means the experience of interacting with the
software, directly or indirectly, through any combination of input, output and display peripherals. Other
users may access a session from any device using these technologies, if the remote device is separately
licensed to run the software.
Other Access Technologies. You may use Remote Assistance or similar technologies to share an active
session.
Other Remote Uses. You may allow any number of devices to access the software for purposes other than
those described in the Device Connections and Remote Access Technologies sections above, such as to
synchronize data between devices.
e. Font Components. While the software is running, you may use its fonts to display and print content. You
may only
embed fonts in content as permitted by the embedding restrictions in the fonts; and


temporarily download them to a printer or other output device to print content.
f. Icons, images and sounds. While the software is running, you may use but not share its icons, images,
sounds, and media.
VHD BOOT. Additional copies of the software created using the software’s Virtual Hard Disk functionality
(“VHD Image”) may be pre-installed on the physical hard disk of the device. These VHD Images may only be
used for maintaining or updating the software installed on the physical hard disk or drive. If the VHD Image is
the only software on your device, it may be used as the primary operating system but all other copies of the
VHD Image may only be used for maintenance and updating.
POTENTIALLY UNWANTED SOFTWARE. The software may include Windows Defender. If Windows
Defender is turned on, it will search this device for “spyware,” “adware” and other potentially unwanted
software. If it finds potentially unwanted software, the software will ask you if you want to ignore, disable
(quarantine) or remove it. Any potentially unwanted software rated “high” or “severe,” will be automatically
removed after scanning unless you change the default setting. Removing or disabling potentially unwanted
software may result in

Other software on your device ceasing to work, or

Your breaching a license to use other software on this device
By using this software , it is possible that you will also remove or disable software that is not potentially
unwanted software.
SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use
the software. Polycom and Microsoft reserve all other rights. Unless applicable law gives you more rights
despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you
must comply with any technical limitations in the software that allow you to use it only in certain ways. For more
information, see the software documentation or contact Polycom. You may not:
•
work around any technical limitations in the software;
•
reverse engineer, decompile or disassemble the software;
•
make more copies of the software than specified in this agreement;
•
publish the software for others to copy;
•
rent, lease or lend the software; or
•
use the software for commercial software hosting services.
Except as expressly provided in this agreement, rights to access the software on this device do not give you
any right to implement Microsoft patents or other Microsoft intellectual property in software or devices that
access this device.
INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. Microsoft may
change or cancel them at any time.
a. Consent for Internet-Based Services. The device may contain one or more of the software features
described below. These features connect to Microsoft or service provider computer systems over the
Internet. In some cases, you will not receive a separate notice when they connect. For more information
about these features, visit go.microsoft.com/fwlink/?linkid=104604.
By using these features, you consent to the transmission of this information. Microsoft does not use
the information to identify or contact you.
POLYCOM® REALPRESENCE® CAPTURE STATION END USER LICENSE AGREEMENT 2-24-14
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Computer Information. The following features use Internet protocols, which send to the appropriate
systems computer information, such as your Internet protocol address, the type of operating system and
browser, the name and version of the software you are using, and the language code of the device where
you installed the software. Microsoft uses this information to make the Internet-based services available to
you. Polycom has elected to turn on the following features on the device.

Plug and Play and Plug and Play Extensions. You may connect new hardware to your device. Your
device may not have the drivers needed to communicate with that hardware. If so, the update feature
of the software can obtain the correct driver from Microsoft and install it on your device.

Web Content Features. Features in the software can retrieve related content from Microsoft and
provide it to you. Examples of these features are clip art, templates, online training, online assistance
and Appshelp. You may choose to switch them off or not use them.

Digital Certificates. The software uses x.509 version 3 digital certificates. These digital certificates
confirm the identity of user sending information to each other and allow you to encrypt the information.
The software retrieves certificates and updates certificate revocation lists over the Internet.

Auto Root Update. The Auto Root Update feature updates the list of trusted certificate authorities. You
can switch off this feature.

Windows Media Digital Rights Management. Content owners use Windows Media digital rights
management technology (WMDRM) to protect their intellectual property, including copyrights. This
software and third party software use WMDRM to play and copy WMDRM-protected content. If the
software fails to protect the content, content owners may ask Microsoft to revoke the software’s ability
to use WMDRM to play or copy protected content. Revocation does not affect other content. When
you download licenses for protected content, you agree that Microsoft may include a revocation list
with the licenses. Content owners may require you to upgrade WMDRM to access their content.
Microsoft software that includes WMDRM will ask for your consent prior to the upgrade. If you decline
an upgrade, you will not be able to access content that requires the upgrade. You may switch off
WMDRM features that access the Internet. When these features are off, you can still play content for
which you have a valid license.

Windows Media Player. When you use Windows Media Player, it checks with Microsoft for
• compatible online music services in your region;
• new versions of the player; and
• codecs if your device does not have the correct ones for playing content.
You can switch off this feature. For more information, go to: go.microsoft.com/fwlink/?LinkId=51331.

Malicious Software Removal/Clean On Upgrade. Before installation of the software, the software will
check and remove certain malicious software listed at www.support.microsoft.com/?kbid=890830
(“Malware”) from your device. When the software checks your device for Malware, a report will be sent
to Microsoft about any Malware detected or errors that occurred while the software was checking for
Malware. No information that can be used to identify you is included in the report. You may disable the
software’s Malware reporting functionality by following the instructions found at
www.support.microsoft.com/?kbid=890830.

Network Awareness. This feature determines whether a system is connected to a network by either
passive monitoring of network traffic or active DNS or HTTP queries. The query only transfers
standard TCP/IP or DNS information for routing purposes. You can switch off the active query feature
through a registry setting.

Windows Time Service. This service synchronizes with www.time.windows.com once a week to
provide your l device with the correct time. The connection uses standard NTP protocol.

Search Suggestions Service. In Internet Explorer, when you type a search query in the Instant Search
box or type a question mark (?) before your search term in the Address bar, you will see search
suggestions as you type (if supported by your search provider). Everything you type in the Instant
Search box or in the Address bar when preceded by a question mark (?) is sent to your search
POLYCOM® REALPRESENCE® CAPTURE STATION END USER LICENSE AGREEMENT 2-24-14
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provider as you type. Also, when you press Enter or click the Search button, the text in the Instant
Search box or Address bar is sent to the search provider. If you use a Microsoft search provider, use
of the information sent is subject to the Microsoft Online Privacy Statement. This statement is
available at go.microsoft.com/fwlink/?linkid=31493. If you use a third-party search provider, use of the
information sent will be subject to the third party’s privacy practices. You can turn search suggestions
off at any time. To do so, use Manage Add-ons under the Tools button in Internet Explorer. For more
information about the search suggestions service, see go.microsoft.com/fwlink/?linkid=128106.

Consent to Update Infrared Emitter/Receiver. The software may contain technology to ensure the
proper functioning of the infrared emitter/receiver device shipped with certain Media Center-based
products. You agree that the software may update the firmware of this device.

Media Center Online Promotions. If you use Media Center features of the software to access Internetbased content or other Internet-based services, such services may obtain the following information
from the software to enable you to receive, accept and use certain promotional offers:


certain device information, such as your Internet protocol address, the type of operating system
and browser you are using, and the name and version of the software you are using,

the requested content, and

the language code of the device where you installed the software.

Your use of the Media Center features to connect to those services serves as your consent to the
collection and use of such information.
Media Playback Updates. The software on the device may include media playback features which
receives updates directly from the MSCORP Media Playback Update servers. If activated by your
manufacturer, these updates will be downloaded and installed without further notice to you. The
manufacturer is responsible for ensuring these updates work on your device.

7.
8.
9.
Windows Update Agent. The software on the device includes Windows Update Agent (“WUA”). This
feature enables your device to access Windows Updates either directly from MSCORP Windows
Update server or from a server installed with the required server component and from the Microsoft
Windows Update server. To enable the proper functioning of the Windows Update service in the
software (if you use it) updates or downloads to the Windows Update service will be required from
time to time and downloaded and installed without further notice to you. Without limiting any other
disclaimer in these license terms or any license terms accompanying a Windows Update, you
acknowledge and agree that no warranty is provided by Microsoft Corporation or their affiliates with
respect to any Windows Update that you install or attempt to install on your device.
b. Use of Information. Microsoft may use the device information, error reports, and Malware reports to
improve our software and services. We may also share it with others, such as hardware and software
vendors. They may use the information to improve how their products run with Microsoft software.
c. Misuse of Internet-based Services. You may not use these services in any way that could harm
them or impair anyone else’s use of them. You may not use the services to try to gain unauthorized
access to any service, data, account or network by any means.
PRODUCT SUPPORT. Contact Polycom for support options. Refer to the support number provided with the
device.
MICROSOFT .NET BENCHMARK TESTING. The software includes one or more components of the .NET
Framework (“.NET Components”). You may conduct internal benchmark testing of those components. You may
disclose the results of any benchmark test of those components, provided that you comply with the conditions
set forth at go.microsoft.com/fwlink/?LinkID=66406.
Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test
results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that
compete with the applicable .NET Component, provided it complies with the same conditions set forth at
go.microsoft.com/fwlink/?LinkID=66406.
BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software
on the device.
POLYCOM® REALPRESENCE® CAPTURE STATION END USER LICENSE AGREEMENT 2-24-14
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10. DOCUMENTATION. Any person that has valid access to your device or internal network may copy and use the
documentation for your internal, reference purposes.
11. PROOF OF LICENSE. If you acquired the software on the device, or on a disc or other media, a genuine
Certificate of Authenticity label with a genuine copy of the software identifies licensed software. To be valid, this
label must be affixed to the device, or included on or in Polycom’s software packaging. If you receive the label
separately, it is not valid. You should keep the label on the device or packaging to prove that you are licensed
to use the software. To identify genuine Microsoft software, see www.howtotell.com.
12. TRANSFER TO A THIRD PARTY. You may transfer the software only with the device, the Certificate of
Authenticity label, and these license terms directly to a third party. Before the transfer, that party must agree
that these license terms apply to the transfer and use of the software. You may not retain any copies of the
software including the backup copy.
13. NOTICE ABOUT THE H.264/AVC VISUAL STANDARD, THE VC-1 VIDEO STANDARD, THE MPEG-4
VISUAL STANDARD AND THE MPEG-2 VIDEO STANDARD. This software may include H.264/AVC, VC-1,
MPEG-4 Part 2, and MPEG-2 visual compression technology. If the software includes those visual compression
technologies MPEG LA, L.L.C. requires this notice:
THIS PRODUCT IS LICENSED UNDER ONE OR MORE VIDEO PATENT PORTFOLIO LICENSES SUCH AS,
AND WITHOUT LIMITATION, THE AVC, THE VC-1, THE MPEG-4 PART 2 VISUAL, AND THE MPEG-2
VIDEO PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A
CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE STANDARDS (“VIDEO
STANDARDS”) AND/OR (ii) DECODE VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A
PERSONAL AND NON-COMMERCIAL ACTIVITY OR WAS OBTAINED FROM A VIDEO PROVIDER
LICENSED TO PROVIDE VIDEO UNDER SUCH PATENT PORTFOLIO LICENSES. NONE OF THE
LICENSES EXTEND TO ANY OTHER PRODUCT REGARDLESS OF WHETHER SUCH PRODUCT IS
INCLUDED WITH THIS PRODUCT IN A SINGLE ARTICLE. NO LICENSE IS GRANTED OR SHALL BE
IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C.
SEE WWW.MPEGLA.COM.
14. NOTICE ABOUT THE MP3 AUDIO STANDARD. This software includes MP3 audio encoding and decoding
technology as defined by ISO/IEC 11172-3 and ISO/IEC 13818-3. It is not licensed for any implementation or
distribution in any commercial product or service.
15. NOT FAULT TOLERANT. The software is not fault tolerant. Polycom installed the software on the device
and is responsible for how it operates on the device.
16. RESTRICTED USE. The Microsoft software was designed for systems that do not require fail-safe
performance. You may not use the Microsoft software in any device or system in which a malfunction of the
software would result in foreseeable risk of injury or death to any person. This includes operation of nuclear
facilities, aircraft navigation or communication systems and air traffic control.
17. NO WARRANTIES FOR THE SOFTWARE. The software is provided “as is”. You bear all risks of using it.
Microsoft gives no express warranties, guarantees or conditions. Any warranties you receive regarding
the device or the software do not originate from, and are not binding on, Microsoft or its affiliates.
When allowed by your local laws, Polycom and Microsoft exclude implied warranties of
merchantability, fitness for a particular purpose and non-infringement.
18. LIABILITY LIMITATIONS. You can recover from Microsoft and its affiliates only direct damages up to
two hundred fifty U.S. Dollars (U.S. $250.00). You cannot recover any other damages, including
consequential, lost profits, special, indirect or incidental damages.
This limitation applies to:
•
anything related to the software, services, content (including code) on third party internet sites, or
third party programs, and
•
claims for breach of contract, breach of warranty, guarantee or condition, strict liability,
negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft should have been aware of the possibility of the damages. The above
limitation may not apply to you because your country may not allow the exclusion or limitation of
incidental, consequential or other damages.
19. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must
comply with all domestic and international export laws and regulations that apply to the software. These laws
include restrictions on destinations, end users and end use. For additional information, see
www.microsoft.com/exporting.
20. ENTIRE AGREEMENT. This agreement, additional terms (including any printed-paper license terms that
accompany the software and may modify or replace some or all of these terms), and the terms for
POLYCOM® REALPRESENCE® CAPTURE STATION END USER LICENSE AGREEMENT 2-24-14
3725-75108-001A
supplements, updates, Internet-based services and support services that you use, are the entire agreement for
the software and support services.
21. APPLICABLE LAW
a. United States. If you acquired the software in the United States, Washington state law governs the
interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws
principles. The laws of the state where you live govern all other claims, including claims under state
consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country
apply.
22. Third Party Programs. Microsoft provides the following copyright notices for third party software included in
the software. These notices are required by the respective copyright holders and do not change your license to use
this software.
Portions of this software are based in part on the work of Spider Systems ® Limited. Because Microsoft has
included the Spider Systems Limited software in this product, Microsoft is required to include the following text that
accompanied such software:
Copyright 1987 Spider Systems Limited
Copyright 1988 Spider Systems Limited
Copyright 1990 Spider Systems Limited
Portions of this software are based in part on the work of Seagate Software.
Portions of this software are based in part on the work of ACE*COMM Corp. Because Microsoft has included the
ACE*COMM Corp. software in this product, Microsoft is required to include the following text that accompanied such
software:
Copyright 1995-1997 ACE*COMM Corp
Portions of this software are based in part on the work of Sam Leffler and Silicon Graphics, Inc. Because Microsoft
has included the Sam Leffler and Silicon Graphics software in this product, Microsoft is required to include the
following text that accompanied such software:
Copyright © 1988-1997 Sam Leffler
Copyright © 1991-1997 Silicon Graphics, Inc.
Permission to use, copy, modify, distribute, and sell this software and its documentation for any purpose is hereby
granted without fee, provided that (i) the above copyright notices and this permission notice appear in all copies of
the software and related documentation, and (ii) the names of Sam Leffler and Silicon Graphics may not be used in
any advertising or publicity relating to the software without the specific, prior written permission of Sam Leffler and
Silicon Graphics.
THE SOFTWARE IS PROVIDED "AS-IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR
OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL SAM LEFFLER OR SILICON GRAPHICS BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING
FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE,
AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF THIS SOFTWARE.
Portions Copyright © 1998 PictureTel Corporation
Portions of this software are based in part on the work of Highground Systems. Because Microsoft has included the
Highground Systems software in this product, Microsoft is required to include the following text that accompanied
such software:
Copyright © 1996-1999 Highground Systems
POLYCOM® REALPRESENCE® CAPTURE STATION END USER LICENSE AGREEMENT 2-24-14
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Windows 7 incorporates compression code from the Info-ZIP group. There are no extra charges or costs due to the
use of this code, and the original compression sources are freely available from www.info-zip.org/ or ftp://ftp.infozip.org/pub/infozip/src/ on the Internet.
Portions Copyright © 2000 SRS Labs, Inc
This product includes software from the 'zlib' general purpose compression library.
Portions of this software are based in part on the work of ScanSoft, Inc. Because Microsoft has included the
ScanSoft, Inc. software in this product, Microsoft is required to include the following text that accompanied such
software:
TextBridge® OCR © by ScanSoft, Inc.
Portions of this software are based in part on the work of University of Southern California. Because Microsoft has
included the University of Southern California software in this product, Microsoft is required to include the following
text that accompanied such software:
Copyright © 1996 by the University of Southern California
All rights reserved.
Permission to use, copy, modify, and distribute this software and its documentation in source and binary forms for
any purpose and without fee is hereby granted, provided that both the above copyright notice and this permission
notice appear in all copies, and that any documentation, advertising materials, and other materials related to such
distribution and use acknowledge that the software was developed in part by the University of Southern California,
Information Sciences Institute. The name of the University may not be used to endorse or promote products derived
from this software without specific prior written permission.
THE UNIVERSITY OF SOUTHERN CALIFORNIA makes no representations about the suitability of this software for
any purpose. THIS SOFTWARE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
Other copyrights might apply to parts of this software and are so noted when applicable.
Portions of this software are based in part on the work of James Kanze. Because Microsoft has included the James
Kanze software in this product, Microsoft is required to include the following text that accompanied such software:
COPYRIGHT AND PERMISSION NOTICE
All rights reserved.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated
documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights
to use, copy, publish, distribute, and/or sell copies of the Software, and to permit persons to whom the Software is
furnished to do so, provided that the above copyright notice(s) and this permission notice appear in all copies of the
Software and that both the above copyright notice(s) and this permission notice appear in supporting documentation.
Permission is also given to modify the software to any extend, under the condition that, in the modified software, the
prefix "GB_" is changed to something else, and the name directories for includes files ("gb" in this distribution) is
also changed.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT
SHALL THE COPYRIGHT HOLDER OR HOLDERS INCLUDED IN THIS NOTICE BE LIABLE FOR ANY
CLAIM, OR ANY SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
POLYCOM® REALPRESENCE® CAPTURE STATION END USER LICENSE AGREEMENT 2-24-14
3725-75108-001A
Except as contained in this notice, the name of a copyright holder shall not be used in advertising or
otherwise to promote the sale, use or other dealings in this Software without prior written authorization of
the copyright holder.
This product contains software from Cisco ISAKMP Services.
Portions of this software are based in part on the work of RSA Data Security, Inc. Because Microsoft has included
the RSA Data Security, Inc. software in this product, Microsoft is required to include the following text that
accompanied such software:
Copyright © 1990, RSA Data Security, Inc. All rights reserved.
License to copy and use this software is granted provided that it is identified as the "RSA Data Security, Inc. MD5
Message-Digest Algorithm" in all material mentioning or referencing this software or this function. License is also
granted to make and use derivative works provided that such works are identified as "derived from the RSA Data
Security, Inc. MD5 Message-Digest Algorithm" in all material mentioning or referencing the derived work.
RSA Data Security, Inc. makes no representations concerning either the merchantability of this software or the
suitability of this software for any particular purpose. It is provided "as is" without express or implied warranty of any
kind.
These notices must be retained in any copies of any part of this documentation and/or software.
Portions of this software are based in part on the work of OpenVision Technologies, Inc. Because Microsoft has
included the OpenVision Technologies, Inc. software in this product, Microsoft is required to include the following
text that accompanied such software:
Copyright 1993 by OpenVision Technologies, Inc.
Permission to use, copy, modify, distribute, and sell this software and its documentation for any purpose is hereby
granted without fee, provided that the above copyright notice appears in all copies and that both that copyright
notice and this permission notice appear in supporting documentation, and that the name of OpenVision not be
used in advertising or publicity pertaining to distribution of the software without specific, written prior permission.
OpenVision makes no representations about the suitability of this software for any purpose. It is provided "as is"
without express or implied warranty.
OPENVISION DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, INCLUDING ALL IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS, IN NO EVENT SHALL OPENVISION BE LIABLE FOR
ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING
FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR
OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
THIS SOFTWARE.
Portions of this software are based in part on the work of Regents of The University of Michigan. Because Microsoft
has included the Regents of The University of Michigan software in this product, Microsoft is required to include the
following text that accompanied such software:
Copyright © 1995, 1996 Regents of The University of Michigan.
All Rights Reserved.
Permission to use, copy, modify, and distribute this software and its documentation for any purpose and without fee
is hereby granted, provided that the above copyright notice appears in all copies and that both that copyright notice
and this permission notice appear in supporting documentation, and that the name of The University of Michigan not
be used in advertising or publicity pertaining to distribution of the software without specific, written prior permission.
This software is supplied as is without expressed or implied warranties of any kind.
Copyright © 1993, 1994 Regents of the University of Michigan.
All rights reserved.
POLYCOM® REALPRESENCE® CAPTURE STATION END USER LICENSE AGREEMENT 2-24-14
3725-75108-001A
Redistribution and use in source and binary forms are permitted provided that this notice is preserved and that due
credit is given to the University of Michigan at Ann Arbor. The name of the University may not be used to endorse or
promote products derived from this software without specific prior written permission. This software is provided ``as
is'' without express or implied warranty.
Portions of this software are based in part on the work of Massachusetts Institute of Technology. Because Microsoft
has included the Massachusetts Institute of Technology software in this product, Microsoft is required to include the
following text that accompanied such software:
Copyright 1989, 1990 by the Massachusetts Institute of Technology. All Rights Reserved.
Export of this software from the United States of America may require a specific license from the United States
Government. It is the responsibility of any person or organization contemplating export to obtain such a license
before exporting.
WITHIN THAT CONSTRAINT, permission to use, copy, modify, and distribute this software and its documentation
for any purpose and without fee is hereby granted, provided that the above copyright notice appear in all copies and
that both that copyright notice and this permission notice appear in supporting documentation, and that the name of
M.I.T. not be used in advertising or publicity pertaining to distribution of the software without specific, written prior
permission. M.I.T. makes no representations about the suitability of this software for any purpose. It is provided "as
is" without express or implied warranty.
Under U.S. law, this software may not be exported outside the US without license from the U.S. Commerce
department.
Copyright 1994 by the Massachusetts Institute of Technology. All Rights Reserved.
Export of this software from the United States of America may require a specific license from the United States
Government. It is the responsibility of any person or organization contemplating export to obtain such a license
before exporting.
WITHIN THAT CONSTRAINT, permission to use, copy, modify, and distribute this software and its documentation
for any purpose and without fee is hereby granted, provided that the above copyright notice appear in all copies and
that both that copyright notice and this permission notice appear in supporting documentation, and that the name of
M.I.T. not be used in advertising or publicity pertaining to distribution of the software without specific, written prior
permission. M.I.T. makes no representations about the suitability of this software for any purpose. It is provided "as
is" without express or implied warranty.
This product includes software developed by the University of California, Berkeley and its contributors.
Portions of this software are based in part on the work of the "Entrust" security technology licensed from Northern
Telecom.
Portions of this software are based in part on the work of Hewlett-Packard Company. Because Microsoft has
included the Hewlett-Packard Company software in this product, Microsoft is required to include the following text
that accompanied such software:
Copyright © 1994 Hewlett-Packard Company
Permission to use, copy, modify, distribute and sell this software and its documentation for any purpose is hereby
granted without fee, provided that the above copyright notice appear in all copies and that both that copyright notice
and this permission notice appear in supporting documentation. Hewlett-Packard Company and Microsoft
Corporation make no representations about the suitability of this software for any purpose. It is provided "as is"
without express or implied warranty.
This product includes software from the 'libpng' PNG reference library.
POLYCOM® REALPRESENCE® CAPTURE STATION END USER LICENSE AGREEMENT 2-24-14
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Portions of this software are based in part on the work of Autodesk, Inc. Because Microsoft has included the
Autodesk, Inc. software in this product, Microsoft is required to include the following text that accompanied such
software:
© Copyright 1995 by Autodesk, Inc.
This product contains graphics filter software; this software is based in part on the work of the Independent JPEG
Group.
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© 1997-98 Luigi Rizzo (luigi@iet.unipi.it)
Portions derived from code by Phil Karn (karn@ka9q.ampr.org), Robert Morelos-Zaragoza
(robert@spectra.eng.hawaii.edu) and Hari Thirumoorthy (harit@spectra.eng.hawaii.edu), Aug 1995
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The name and trademarks of copyright holders may NOT be used in advertising or publicity pertaining to
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Portions of this software are based in part on the work of Sun Microsystems, Inc. Because Microsoft has included
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Sun RPC is a product of Sun Microsystems, Inc. and is provided for unrestricted use provided that this
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Manufactured under license from Dolby Laboratories. “Dolby” and the double-D symbol are trademarks of Dolby
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The Loki Library
Copyright © 2001 by Andrei Alexandrescu
This code accompanies the book:
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Copyright © 2001. Addison-Wesley.
Permission to use, copy, modify, distribute and sell this software for any purpose is hereby granted without
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The author or Addison-Welsey Longman make no representations about the suitability of this software for
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Portions Copyright © 1995 by Jeffrey Richter
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Portions of this software are based in part on the work of Hewlett-Packard Company. Because Microsoft has
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About Notice:
This software is based on software available from mpvtools.sourceforge.net.
This software processes a format called MPV. MPV is an open specification for managing collections and
multimedia playlists of photo, video, and music content and associated metadata and is available at no
cost from the Optical Storage Technology Association. More information about the MPV specification can
be found at www.osta.org/mpv.
Permission Notice:
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated
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The above copyright notice, this permission notice, and the above About Notice shall be included in all copies or
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THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
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MICROSOFT .NET FRAMEWORK .NET 1.1 FOR MICROSOFT WINDOWS OPERATING SYSTEM
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MICROSOFT SOFTWARE SUPPLEMENTAL LICENSE TERMS
.NET FRAMEWORK 4.5 FOR MICROSOFT WINDOWS OPERATING SYSTEM AND ASSOCIATED LANGUAGE
PACKS
Microsoft Corporation (or based on where you live, one of its affiliates) licenses this supplement to you. If you are
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MICROSOFT .NET FRAMEWORK BENCHMARK TESTING. The software includes one or more components
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MICROSOFT SOFTWARE LICENSE TERMS
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END-USER LICENSE AGREEMENT FOR VIEWCAST
IMPORTANT, READ CAREFULLY. This ViewCast End-User License Agreement (EULA) is a legal agreement
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permanently transfer all of your rights under this EULA only in conjunction with a permanent transfer of your validly
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Manufacturer is ViewCast Corporation. If you desire to contact ViewCast for any reason, please call or write to the
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6. EXPORT RESTRICTIONS. You agree that you will not export or re-export the SOFTWARE PRODUCT to any
country, corporate entity, person, entity or end user subject to U.S.A. export restrictions. Restricted countries
currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Syria and the Federal
Republic of Yugoslavia (Serbia and Montenegro, UN Protected Areas and areas of Republic of Bosnia and
Herzegovina under the control of Bosnia Serb forces). You warrant and represent that neither the U.S.A. Bureau of
Export Administration nor any other federal agency has suspended, revoked or denied your export privileges.
7. LIMITED WARRANTY. VIEWCAST WARRANTS THAT THE SOFTWARE WILL PERFORM SUBSTANTIALLY
ACCORDING TO THE ACCOMPANYING WRITTEN MATERIALS FOR NINETY (90) DAYS FROM THE DATE OF
ORIGINAL PURCHASE. VIEWCAST DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED
(INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE) CONCERNING THIS SOFTWARE AND ITS ACCOMPANYING WRITTEN MATERIALS.
Some jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply
to you. This limited warranty gives you specific legal rights. You may have other rights which vary by jurisdiction.
8.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL VIEWCAST OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS INFORMATION, OR ANY OTHER LOSS) ARISING OUT OF
THE USE OF THE SOFTWARE PRODUCT, EVEN IF VIEWCAST HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. BECAUSE OF SOME STATES LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
9. GOVERNING LAW. This EULA is governed by the laws of the State of Texas, USA. If, for any reason, a court of
competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License
shall continue in full force and effect. If either ViewCast or you employs attorneys to enforce any rights arising out of
or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees.
10. MISCELLANEOUS. Should you have any questions concerning this EULA, or if you desire to contact ViewCast
for any reason, please contact or write to the address given at the bottom of this document.
11. ACKNOWLEDGMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND
IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS
AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN PARTIES AND
SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, VERBAL OR WRITTEN, AND ANY OTHER
COMMUNICATION BETWEEN PARTIES RELATING TO THE USE OF THE SOFTWARE PRODUCT.
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Copyright © 2010 ViewCast Corporation. All rights reserved.
http://www.viewcast.com
Corporate Offices:
3701 W Plano Parkway
Suite 300
Plano, TX 75075
USA
(972) 488-7200
END-USER LICENSE AGREEMENT FOR VIEWCAST.COM
IMPORTANT, READ CAREFULLY. This ViewCast.com End-User License Agreement (EULA) is a legal agreement
between you (either as an individual or a single entity or corporate entity) and ViewCast.com, Inc., for the software
product identified above, which includes computer software and associated media and printed materials (if any),
and may include online or electronic documentation (SOFTWARE PRODUCT or SOFTWARE). By installing,
copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of the EULA. If you
do not agree to the terms of this Agreement, you are not authorized to view or use the SOFTWARE PRODUCT.
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, not sold.
1. GRANT OF LICENSE. This EULA grants you a restricted non-exclusive license with the following rights: Use and
Copy. ViewCast.com grants to you the right to use copies of the ViewCast.com SOFTWARE PRODUCT. You may
make copies of the SOFTWARE PRODUCT for backup and archival purposes ONLY. 2. RESTRICTIONS. You
must maintain all copyright notices on all copies of the SOFTWARE PRODUCT. You may not distribute copies of
the SOFTWARE PRODUCT to third parties. 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,
notwithstanding this limitation. You may not rent or lease the SOFTWARE PRODUCT. You may permanently
transfer all of your rights under this EULA only in conjunction with a permanent transfer of your validly licensed copy
or copies of ViewCast.com product[s]. You must comply with all applicable laws regarding the use of the
SOFTWARE PRODUCT.
3. TERMINATION. Your rights under the EULA terminate upon the return of the SOFTWARE PRODUCT and all
copies or upon written termination notice from ViewCast.com, or without prejudice to any other rights,
ViewCast.com may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such
event, you must destroy all copies of the SOFTWARE PRODUCT.
4. COPYRIGHT. All title and copyright in and to the SOFTWARE PRODUCT and any copies thereof are owned by
ViewCast.com or its suppliers. All title and intellectual property rights in and to the content which may be accessed
through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by
applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such
content.
5. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT is provided with RESTRICTED
RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph
[c][1][ii] of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs
[c][1] and [2] of the Commercial Computer Software Restricted Rights at 48 CFR 52,227-19, as applicable.
Manufacturer is ViewCast.com, Inc. / 17300 North Dallas Parkway, Suite 2000 / Dallas, Texas 75248.
6. EXPORT RESTRICTIONS. You agree that you will not export or re-export the SOFTWARE PRODUCT to any
country, corporate entity, person, entity or end user subject to U.S.A. export restrictions. Restricted countries
currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Syria and the Federal
Republic of Yugoslavia (Serbia and Montenegro, UN Protected Areas and areas of Republic of Bosnia and
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Herzegovina under the control of Bosnia Serb forces). You warrant and represent that neither the U.S.A. Bureau of
Export Administration nor any other federal agency has suspended, revoked or denied your export privileges.
7. LIMITED WARRANTY. VIEWCAST.COM WARRANTS THAT THE SOFTWARE WILL PERFORM
SUBSTANTIALLY ACCORDING TO THE ACCOMPANYING WRITTEN MATERIALS FOR NINETY (90) DAYS
FROM THE DATE OF ORIGINAL PURCHASE. VIEWCAST.COM DISCLAIMS ALL OTHER WARRANTIES,
EITHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) CONCERNING THIS SOFTWARE AND
ITS ACCOMPANYING WRITTEN MATERIALS. Some jurisdictions do not allow limitations on duration of an implied
warranty, so the above limitation may not apply to you. This limited warranty gives you specific legal rights. You may
have other rights which vary by jurisdiction.
8. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL VIEWCAST.COM OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS INFORMATION, OR ANY OTHER LOSS) ARISING OUT OF
THE USE OF THE SOFTWARE PRODUCT, EVEN IF VIEWCAST.COM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. BECAUSE OF SOME STATES LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
9. GOVERNING LAW. This EULA is governed by the laws of the State of Texas, USA. If, for any reason, a court of
competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License
shall continue in full force and effect. If either ViewCast.com or you employs attorneys to enforce any rights arising
out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees.
10. MISCELLANEOUS. Should you have any questions concerning this EULA, or if you desire to contact
ViewCast.com for any reason, please contact or write: ViewCast.com, Inc. / 17300 North Dallas Parkway, Suite
2000 / Dallas, Texas 75248-1191.
11. ACKNOWLEDGMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND
IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS
AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN PARTIES AND
SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, VERBAL OR WRITTEN, AND ANY OTHER
COMMUNICATION BETWEEN PARTIES RELATING TO THE USE OF THE SOFTWARE PRODUCT.
Copyright © 2005 ViewCast.com, Inc. All rights reserved. http://www.viewcast.com
Version - 4 February 2010
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT EXPRESSION ENCODER 4 AND EXPRESSION ENCODER 4 PRO WITH SERVICE PACK 2
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its
affiliates) and you. Please read them. They apply to the software named above, which includes the media on which
you received it, if any. The terms also apply to any Microsoft updates, supplements, Internet-based services, and
support services for this software, unless other terms accompany those items. If so, those terms apply.
By using the software, you accept these terms. If you do not accept them, do not use the software. Instead,
return it to the retailer for a refund or credit. If you cannot obtain a refund there, contact Microsoft or the
Microsoft affiliate serving your country for information about Microsoft’s refund policies. See
www.microsoft.com/worldwide. In the United States and Canada, call (800) MICROSOFT or see
www.microsoft.com/info/nareturns.htm.
As described below, using the software also operates as your consent to the transmission of certain
computer information during activation and for Internet-based services.
If you comply with these license terms, you have the rights below for each license you acquire.
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1. OVERVIEW.
a. Software. The software includes development tools, software programs and documentation.
b. License Model. The software is licensed on a per user basis.
2. INSTALLATION AND USE RIGHTS.
a. General. One user may install and use copies of the software to design, develop, test and demonstrate your
programs. You may not use the software on a device or server in a production environment.
b. Included Microsoft Programs. The software contains other Microsoft programs. Except as provided in
these license terms, these license terms apply to all Microsoft programs included with the software. If the
license terms with any of those programs give you other rights that do not expressly conflict with these
license terms, you also have those rights.
3. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Multiplexing. Hardware or software you use to
- pool connections,
- reroute information, or
- reduce the number of devices or users that directly access or use the software
(sometimes referred to as “multiplexing” or “pooling”), does not reduce the number of licenses of any type
that you need.
b. User Testing. Your end users may access the software to perform acceptance tests on your programs.
c. Distributable Code. The software contains code that you are permitted to distribute in programs you
develop if you comply with the terms below.
i. Right to Use and Distribute. The code and text files listed below are “Distributable Code.”
- Encoder_en.exe Files. You may copy and distribute the object code form of code listed in
Encoder_en.exe files.
- Icons. You may copy and distribute the icons in the Image Library as described in the software
documentation.
- Templates. The software contains templates installed in “\Program Files\Microsoft
Expression\Encoder 4 Templates”. You may copy, modify, deploy and distribute these templates.
- Third Party Distribution. You may permit distributors of your programs to copy and distribute the
Distributable Code as part of those programs.
ii. Distribution Requirements. For any Distributable Code you distribute, you must
-
add significant primary functionality to it in your programs;
for any Distributable Code having a filename extension of .lib, distribute only the results of running
such Distributable Code through a linker with your program;
distribute Distributable Code included in a setup program only as part of that setup program
without modification;
require distributors and external end users to agree to terms that protect it at least as much as
this agreement;
display your valid copyright notice on your programs; and
indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related
to the distribution or use of your programs.
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iii. Distribution Restrictions. You may not
-
alter any copyright, trademark or patent notice in the Distributable Code;
use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs
come from or are endorsed by Microsoft;
distribute Distributable Code to run on a platform other than the Windows platform;
include Distributable Code in malicious, deceptive or unlawful programs; or
modify or distribute the source code of any Distributable Code so that any part of it becomes
subject to an Excluded License. An Excluded License is one that requires, as a condition of use,
modification or distribution, that
the code be disclosed or distributed in source code form; or
others have the right to modify it.
4. MANDATORY ACTIVATION. Your right to use this software is limited as described during installation,
unless you activate it. This is to prevent its unlicensed use. You will not be able to continue using the
software if you do not activate it. You can activate the software by Internet or telephone; Internet and
telephone service charges may apply. Some changes to your computer components or the software may
require you to reactivate the software. The software will remind you to activate until you do.
5. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or
cancel them at any time.
6. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the
software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation,
you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any
technical limitations in the software that only allow you to use it in certain ways. For more information, see
www.microsoft.com/licensing/userights. You may not
- work around any technical limitations in the software;
- reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law
expressly permits, despite this limitation;
- make more copies of the software than specified in this agreement or allowed by applicable law, despite this
limitation;
- publish the software for others to copy;
- rent, lease or lend the software; or
- use the software for commercial software hosting services.
7. BACKUP COPY.
a. Media. If you acquired the software on a disc or other media, you may make one backup copy of the media.
You may use it only to reinstall the software on your devices.
b. Electronic Download. If you acquired and downloaded the software online, you may make one copy of the
software on a disc or other media in order to install the software on your devices. You may also use it to
reinstall the software on your devices.
8. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use
the documentation for your internal, reference purposes.
9. NOT FOR RESALE SOFTWARE. You may not sell software marked as “NFR” or “Not for Resale.”
10. ACADEMIC SOFTWARE. You must be a “Qualified Educational User” to use software marked as “Academic”
edition. If you do not know whether you are a Qualified Educational User, visit www.microsoft.com/education or
contact the Microsoft affiliate serving your country.
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11. UPGRADE. If this software is marked as an upgrade version, you may use it only if you have a license to use
the software eligible for upgrade. If you upgrade, this software takes the place of the earlier version, and this
agreement takes the place of the agreement for that earlier version. You may use the earlier version only as
permitted in the Downgrade clause below.
12. DOWNGRADE. You may install and use this version and an earlier version of the software at the same time.
This agreement applies to your use of the earlier version. If the earlier version includes different components,
any terms for those components in the agreement that comes with the earlier version apply to your use of them.
Microsoft is not obligated to supply earlier versions to you.
13. PROOF OF LICENSE. If you acquired the software on a disc or other media, your proof of license is the
genuine Microsoft certificate of authenticity label with the accompanying genuine product key and your proof of
purchase. If you purchased and downloaded the software online, your proof of license is the genuine Microsoft
product key for the software which you received with your purchase and your proof of purchase from an
authorized electronic supplier of genuine Microsoft software. Proof of purchase may be subject to verification by
your merchant’s records. To identify genuine Microsoft software, see www.howtotell.com.
14. TRANSFER TO A THIRD PARTY. The first user of the software may transfer it and this agreement directly to a
third party. Before the transfer, that party must agree that this agreement applies to the transfer and use of the
software. The transfer must include the software and the Proof of License label. The first user must uninstall the
software before transferring it separately from the device. The first user may not retain any copies.
15. NOTICE ABOUT THE VC-1 and AVC/H.264 VISUAL STANDARD. This software may include VC-1 and
AVC/H.264 visual decoding technology. MPEG LA, L.L.C. requires this notice:
THE PRODUCT IS LICENSED UNDER THE VC-1 AND AVC/H.264 PATENT PORTFOLIO LICENSES FOR
THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN
COMPLIANCE WITH THE VC-1 and AVC/H.264 STANDARDS (“VC-1 and AVC/H.264 VIDEO”) AND/OR
(ii) DECODE VC-1 and AVC/H.264 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A
PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER
LICENSED TO PROVIDE VC-1 AND/OR AVC/H.264 VIDEO. NO LICENSE IS GRANTED OR SHALL BE
IMPLIED FOR ANY OTHER USE. If you have questions about the VC-1 or AVC/H.264 visual standards,
please contact MPEG LA, L.L.C., 250 Steele Street, Suite 300, Denver, Colorado 80206; www.mpegla.com.
THIS PRODUCT IS LICENSED UNDER THE VC-1 AND AVC/H.264 PATENT PORTFOLIO
LICENSES. SUCH LICENSES EXTEND TO THIS PRODUCT ONLY AND ONLY TO THE EXTENT OF
OTHER NOTICES WHICH MAY BE INCLUDED HEREIN. THE LICENSES DO NOT EXTEND TO ANY
OTHER PRODUCT REGARDLESS OF WHETHER SUCH PRODUCT IS INCLUDED WITH THIS LICENSED
PRODUCT IN A SINGLE ARTICLE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA,
L.L.C. SEE HTTP://WWW.MPEGLA.COM
16. NOTICE ABOUT THE MPEG-2 VISUAL STANDARD. This software may include MPEG-2 visual decoding
technology. MPEG LA, L.L.C. requires this notice:
USE OF THIS PRODUCT IN ANY MANNER THAT COMPLIES WITH THE MPEG 2 VISUAL STANDARD IS
PROHIBITED, EXCEPT FOR USE DIRECTLY RELATED TO (A) DATA OR INFORMATION (i) GENERATED
BY AND OBTAINED WITHOUT CHARGE FROM A CONSUMER NOT THEREBY ENGAGED IN A BUSINESS
ENTERPRISE, AND (ii) FOR PERSONAL USE ONLY; AND (B) OTHER USES SPECIFICALLY AND
SEPARATELY LICENSED BY MPEG LA, L.L.C.
If you have questions about the MPEG-2 visual standard, please contact MPEG LA, L.L.C., 250 Steele Street,
Suite 300, Denver, Colorado 80206; http://www.mpegla.com.
17. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You
must comply with all domestic and international export laws and regulations that apply to the software.
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These laws include restrictions on destinations, end users and end use. For additional information, see
www.microsoft.com/exporting.
18. SUPPORT SERVICES. Microsoft provides support services for the software as described at
www.support.microsoft.com/common/international.aspx.
19. ENTIRE AGREEMENT. This agreement (including the warranty below), and the terms for supplements, updates,
Internet-based services and support services that you use, are the entire agreement for the software and
support services.
20. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the
interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws
principles. The laws of the state where you live govern all other claims, including claims under state
consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
21. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of
your state or country. You may also have rights with respect to the party from whom you acquired the software.
This agreement does not change your rights under the laws of your state or country if the laws of your state or
country do not permit it to do so.
22. LIMITATION ON AND EXCLUSION OF DAMAGES. You can recover from Microsoft and its suppliers only
direct damages up to the amount you paid for the software. You cannot recover any other damages,
including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
-
anything related to the software, services, content (including code) on third party Internet sites, or
third party programs; and
claims for breach of contract, breach of warranty, guarantee or condition, strict liability,
negligence, or other tort to the extent permitted by applicable law.
It also applies even if
-
repair, replacement or a refund for the software does not fully compensate you for any losses; or
Microsoft knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you. They also may not apply to you because your country may not
allow the exclusion or limitation of incidental, consequential or other damages.
*********************************************************************
LIMITED WARRANTY
A. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as described in the
Microsoft materials that you receive in or with the software.
B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. The limited
warranty covers the software for one year after acquired by the first user. If you receive supplements,
updates, or replacement software during that year, they will be covered for the remainder of the
warranty or 30 days, whichever is longer. If the first user transfers the software, the remainder of the
warranty will apply to the recipient.
To the extent permitted by law, any implied warranties, guarantees or conditions last only during the
term of the limited warranty. Some states do not allow limitations on how long an implied warranty lasts, so
POLYCOM® REALPRESENCE® CAPTURE STATION END USER LICENSE AGREEMENT 2-24-14
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these limitations may not apply to you. They also might not apply to you because some countries may not allow
limitations on how long an implied warranty, guarantee or condition lasts.
C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to
act), the acts of others, or events beyond Microsoft’s reasonable control.
D. REMEDY FOR BREACH OF WARRANTY. Microsoft will repair or replace the software at no charge. If
Microsoft cannot repair or replace it, Microsoft will refund the amount shown on your receipt for the
software. It will also repair or replace supplements, updates and replacement software at no charge. If
Microsoft cannot repair or replace them, it will refund the amount you paid for them, if any. You must
uninstall the software and return any media and other associated materials to Microsoft with proof of
purchase to obtain a refund. These are your only remedies for breach of the limited warranty.
E. CONSUMER RIGHTS NOT AFFECTED. You may have additional consumer rights under your local laws,
which this agreement cannot change.
F. WARRANTY PROCEDURES. You need proof of purchase for warranty service.
1. United States and Canada. For warranty service or information about how to obtain a refund for
software acquired in the United States and Canada, contact Microsoft at
- (800) MICROSOFT;
- Microsoft Customer Service and Support, One Microsoft Way, Redmond, WA 98052-6399; or
- visit www.microsoft.com/info/nareturns.htm.
2. Europe, Middle East and Africa. If you acquired the software in Europe, the Middle East or Africa,
Microsoft Ireland Operations Limited makes this limited warranty. To make a claim under this
warranty, you should contact either
- Microsoft Ireland Operations Limited, Customer Care Centre, Atrium Building Block B, Carmanhall Road,
Sandyford Industrial Estate, Dublin 18, Ireland; or
- the Microsoft affiliate serving your country (see www.microsoft.com/worldwide).
3. Outside United States, Canada, Europe, Middle East and Africa. If you acquired the software outside the
United States, Canada, Europe, the Middle East and Africa, contact the Microsoft affiliate serving your
country (see www.microsoft.com/worldwide).
G. NO OTHER WARRANTIES. The limited warranty is the only direct warranty from Microsoft. Microsoft
gives no other express warranties, guarantees or conditions. Where allowed by your local laws,
Microsoft excludes implied warranties of merchantability, fitness for a particular purpose and noninfringement. If your local laws give you any implied warranties, guarantees or conditions, despite this
exclusion, your remedies are described in the Remedy for Breach of Warranty clause above, to the extent
permitted by your local laws.
H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. The Limitation on and
Exclusion of Damages clause above applies to breaches of this limited warranty.
This warranty gives you specific legal rights, and you may also have other rights which vary from state to
state. You may also have other rights which vary from country to country.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT EXPRESSION BLEND SOFTWARE DEVELOPMENT KIT FOR SILVERLIGHT 4 NONE
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its
affiliates) and you. Please read them. They apply to the software named above, which includes the media on which
POLYCOM® REALPRESENCE® CAPTURE STATION END USER LICENSE AGREEMENT 2-24-14
3725-75108-001A
you received it, if any. The terms also apply to any Microsoft updates, supplements, Internet-based services, and
support services for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE
THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your
devices to design, develop and test your programs.
2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Distributable Code. The software contains code that you are permitted to distribute in programs you
develop if you comply with the terms below.
i. Right to Use and Distribute. The code and text files listed below are “Distributable Code.”
- REDIST.TXT Files. You may copy and distribute the object code form of code listed in REDIST.TXT
files.
- Third Party Distribution. You may permit distributors of your programs to copy and distribute the
Distributable Code as part of those programs.
ii. Distribution Requirements. For any Distributable Code you distribute, you must
-
add significant primary functionality to it in your programs;
require distributors and external end users to agree to terms that protect it at least as much as
this agreement;
display your valid copyright notice on your programs; and
indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related
to the distribution or use of your programs.
iii. Distribution Restrictions. You may not
-
alter any copyright, trademark or patent notice in the Distributable Code;
use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs
come from or are endorsed by Microsoft;
distribute Distributable Code to run on a platform other than the Windows platform;
include Distributable Code in malicious, deceptive or unlawful programs; or
modify or distribute the source code of any Distributable Code so that any part of it becomes
subject to an Excluded License. An Excluded License is one that requires, as a condition of use,
modification or distribution, that
the code be disclosed or distributed in source code form; or
others have the right to modify it.
3. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the
software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation,
you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any
technical limitations in the software that only allow you to use it in certain ways. You may not
- work around any technical limitations in the software;
- reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law
expressly permits, despite this limitation;
- make more copies of the software than specified in this agreement or allowed by applicable law, despite this
limitation;
- publish the software for others to copy;
- rent, lease or lend the software;
- transfer the software or this agreement to any third party; or
- use the software for commercial software hosting services.
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4. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
5. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use
the documentation for your internal, reference purposes.
6. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must
comply with all domestic and international export laws and regulations that apply to the software. These laws
include restrictions on destinations, end users and end use. For additional information, see
www.microsoft.com/exporting.
7. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
8. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and
support services that you use, are the entire agreement for the software and support services.
9. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the
interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws
principles. The laws of the state where you live govern all other claims, including claims under state
consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
10. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of
your country. You may also have rights with respect to the party from whom you acquired the software. This
agreement does not change your rights under the laws of your country if the laws of your country do not permit
it to do so.
11. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING
IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE
ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT
CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
12. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM
MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT
RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL,
INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
-
anything related to the software, services, content (including code) on third party Internet sites, or
third party programs; and
claims for breach of contract, breach of warranty, guarantee or condition, strict liability,
negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above
limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of
incidental, consequential or other damages.
END USER LICENSE AGREEMENT FOR MICROSOFT WINDOWS MEDIA ENCODER
IMPORTANT-READ CAREFULLY: This Microsoft End-User License Agreement ("EULA") is a legal agreement between you
(either an individual person or a single legal entity, who will be referred to in this EULA as "You") and Microsoft Corporation for the
Microsoft software product that accompanies this EULA, including any associated media, printed materials and electronic
documentation (the "Software Product").
The Software Product is designed for use with specific Microsoft operating system software (any such software referred to here as
"OS Product") and includes components ("OS Components") to update, supplement, or replace existing functionality of the
applicable OS Product.
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By installing, copying, downloading, accessing or otherwise using the Software PRODUCT, You agree to be bound by the terms of
this EULA. If You do not agree, do not install, access or use the Software Product.
IF YOU DO NOT HAVE A VALIDLY-LICENSED COPY OF THE APPLICABLE OS PRODUCT, YOU ARE NOT AUTHORIZED
TO INSTALL, COPY OR OTHERWISE USE THE SOFTWARE PRODUCT AND HAVE NO RIGHTS UNDER THIS EULA.
Software PRODUCT LICENSE
The Software Product is protected by copyright and other intellectual property laws and treaties. Microsoft or its
suppliers own the title, copyright, and other intellectual property rights in the Software Product. Microsoft reserves
all rights not expressly granted to You in this EULA. The Software Product is licensed, not sold.
1. GRANT OF LICENSE. This Section of the EULA describes Your general rights to install and use the Software
Product The license rights described in this Section are subject to all other terms and conditions of this EULA.
•
General License Grant to Install and Use Software Product. You may install and use one copy of the
Software Product on a single computer running a validly licensed version of an applicable OS Product.
•
Reproduction of the Software Product. If You have multiple validly licensed copies of an applicable OS
Product, You may reproduce, install and use one copy of the Software Product on each of Your computers that is
running a validly licensed copy of the applicable OS Product, provided that you use such additional copies of the
Software Product in accordance with the term and conditions herein.
•
OS Components. Microsoft grants you a license to use the OS Components under the terms and
conditions of the OS Product EULA (which are hereby incorporated by reference except as set forth below), the
terms and conditions set forth in this EULA, and the terms and conditions of any additional end user license
agreement that may accompany the individual OS Components (each an "Individual EULA"), provided that you
comply with all such terms and conditions. To the extent that there is a conflict among any of these terms and
conditions applicable to the OS Components, the following hierarchy shall apply: 1) the terms and conditions of the
Individual EULA; 2) the terms and conditions in this EULA; and 3) the terms and conditions of the applicable OS
Software EULA.
•
Windows Media Format Software Development Kit Runtime Library. This EULA does not grant You
any rights to use the Windows Media Format Software Development Kit ("WMF SDK") runtime library contained in
the OS Components to develop a software application that uses Windows Media technology. If You wish to use the
WMF SDK to develop such an application, visit
<http://msdn.microsoft.com/workshop/imedia/windowsmedia/sdk/wmsdk.asp>, accept a separate license for the
WMF SDK, download the appropriate WMF SDK, and install it on Your system.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
•
Digital Rights Management. Content providers are using the DRM technology contained in the OS
Components to protect the integrity of their content ("Secure Content") so that their intellectual property, including
copyright, in such content is not misappropriated. Portions of this Software Product and third party applications
such as media players use DRM to create and play Secure Content ("DRM Software"). If the DRM Software’s
security has been compromised, owners of Secure Content ("Secure Content Owners") may request that Microsoft
revoke the DRM Software’s right to copy, display and/or play Secure Content. Revocation does not alter the DRM
Software’s ability to play unprotected content. A list of revoked DRM Software is sent to Your computer whenever
You download a license for Secure Content from the Internet. You therefore agree that Microsoft may, in
conjunction with such license, also download revocation lists onto Your computer on behalf of Secure
Content Owners. Microsoft will not retrieve any personally identifiable information, or any other information, from
Your computer by downloading such revocation lists. Secure Content Owners may also require You to upgrade
some of the DRM components installed on Your computer ("DRM Upgrades") before accessing their content. When
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You attempt to play such content, Microsoft DRM Software will notify you that a DRM Upgrade is required and then
ask for Your consent before the DRM Upgrade is downloaded. Third party DRM Software may do the same. If You
decline the upgrade, You will not be able to access content that requires the DRM Upgrade; however, you will still
be able to access unprotected content and Secure Content that does not require the upgrade.
•
Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer,
decompile, or disassemble the Software Product, including any codecs or protocols associated with the Software
Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding
this limitation.
•
Trademarks. This EULA does not grant You any rights in connection with any trademarks or service
marks of Microsoft.
•
No rental, leasing or commercial hosting. You may not rent, lease, lend or provide commercial hosting
services to third parties with the Software Product.
•
Support Services. Microsoft may provide You with support services related to the Software Product
("Support Services"). Use of Support Services is governed by the Microsoft policies and programs described in the
user manual, in "online" documentation, or in other Microsoft-provided materials. Any supplemental software code
provided to You as part of the Support Services are considered part of the Software Product and subject to the
terms and conditions of this EULA. You acknowledge and agree that Microsoft may use technical information You
provide to Microsoft as part of the Support Services for its business purposes, including for product support and
development. Microsoft will not utilize such technical information in a form that personally identifies You.
•
Termination. Without prejudice to any other rights, Microsoft may terminate this EULA if You fail to comply
with the terms and conditions of this EULA. In such event, You must destroy all copies of the Software Product and
all of its component parts.
3. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights 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 owned by Microsoft or its suppliers. All title and intellectual property rights in and to the content that is
not contained in the Software Product, but may be accessed through use of the Software Product, is the property of
the respective content owners and may be protected by applicable copyright or other intellectual property laws and
treaties. This EULA grants You no rights to use such content. If this Software Product contains documentation that
is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the
printed materials accompanying the Software Product.
4. U.S. GOVERNMENT LICENSE RIGHTS. All Software Product provided to the U.S. Government pursuant to
solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions
described elsewhere herein. All Software Product provided to the U.S. Government pursuant to solicitations issued
prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14
(JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
5. EXPORT RESTRICTIONS. You acknowledge that the Software Product is subject to U.S. export jurisdiction.
You agree to comply with all applicable international and national laws that apply to the Software Product, including
the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S.
and other governments. For additional information, see <http://www.microsoft.com/exporting/>.
6. APPLICABLE LAW. If you acquired this Software Product in the United States, this EULA is governed by the
laws of the State of Washington. If you acquired this Software Product in Canada, unless expressly prohibited by
local law, this EULA is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any
POLYCOM® REALPRESENCE® CAPTURE STATION END USER LICENSE AGREEMENT 2-24-14
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dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in
Toronto, Ontario. If this Software Product was acquired outside the United States, then local law may apply.
Should you have any questions concerning this EULA, or if you desire to contact Microsoft for any reason, please
contact the Microsoft subsidiary serving your country, or write: Microsoft Sales Information Center/One Microsoft
Way/Redmond, WA 98052-6399.
7. LIMITED WARRANTY. IF THE APPLICABLE OS PRODUCT WAS LICENSED TO YOU BY MICROSOFT OR ANY OF
ITS WHOLLY OWNED SUBSIDIARIES, THE LIMITED WARRANTY (IF ANY) INCLUDED IN THE APPLICALBE OS
PRODUCT EULA APPLIES ONLY TO THE OS COMPONENTS, PROVIDED THAT THE OS COMPONENTS HAVE BEEN
LICENSED BY YOU WITH THE TERM OF THE LIMITED WARRANTY IN THE APPLICABLE OS PRODUCT EULA.
HOWEVER, THIS EULA DOES NOT EXTEND THE TIME PERIOD FOR WHICH THE LIMITED WARRANTY IS
PROVIDED.
IF THE APPLICABLE OS PRODUCT WAS LICENSED TO YOU BY AN ENTITY OTHER THAN MICROSOFT OR ANY
OF ITS WHOLLY OWNED SUBSIDIARIES, MICROSOFT DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE
SOFTWARE PRODUCT AS FOLLOWS:
8. DISCLAIMER OF WARRANTIES. to the maximum extent permitted by applicable law, Microsoft and its suppliers provide
the SOFTWARE Product and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other
warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties,
duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of
results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the SOFTWARE Product and the
provision of or failure to provide support services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET
ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH
REGARD TO THE SOFTWARE Product.
9. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS
INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING
OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER
LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE
SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE
UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF
MICROSOFT OR ANY SUPPLIER, AND EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
10. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason
whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability
of Microsoft and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing
(except for any remedy of repair or replacement elected by Microsoft with respect to any breach of the Limited Warranty) shall
be limited to the greater of the amount actually paid by you for the SOFTWARE Product or U.S.$5.00. The foregoing
limitations, exclusions and disclaimers (including Sections 8 and 9 above) shall apply to the maximum extent permitted by
applicable law, even if any remedy fails its essential purpose.
11. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the
Software Product) is the entire agreement between you and Microsoft relating to the Software Product and the support
services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and
representations with respect to the Software Product or any other subject matter covered by this EULA. To the extent the
POLYCOM® REALPRESENCE® CAPTURE STATION END USER LICENSE AGREEMENT 2-24-14
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terms of any Microsoft policies or programs for support services conflict with the terms of this EULA, the terms of this EULA
shall control.
POLYCOM® REALPRESENCE® CAPTURE STATION END USER LICENSE AGREEMENT 2-24-14
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