Getting Started Guide Player

Getting Started Guide Player
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Player
Getting Started Guide
©1993-2012 Scala. Scala and the Exclamation Point Logo are registered trademarks of Scala, Inc.
All other trademarks are the property of their respective organizations.
www.scala.com
Getting Started Guide
for
Player
Release 6
www.scala.com
Player
Getting Started Guide
Copyright © 1993 to 2012 Scala Inc. All rights reserved.
Published by Scala Incorporated, Exton, PA
No part of this publication, nor any parts of this package may be copied or
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Player
Getting Started Guide
Table of Contents
Preface ............................................................................ 4
In this Guide ................................................................ 4
Other Resources ......................................................... 4
Introducing Player ........................................................... 6
System Requirements..................................................... 8
Before You Install............................................................ 9
Installing Player............................................................. 11
Installation Steps ....................................................... 11
Configuring Player ........................................................ 23
Network ..................................................................... 24
Synchronization............................................................. 25
Plan Delivery ................................................................. 25
Content Manager Location ........................................... 26
Network Name and Player Name ................................. 27
Playback.................................................................... 28
Display Configuration .................................................... 29
Channel Options ........................................................... 30
Audio Only Channels .................................................... 32
Modules ..................................................................... 33
Saving Settings ......................................................... 35
Running Player.............................................................. 36
Useful Configuration Tips ............................................. 37
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Getting Started Guide
Virus Scanning on Players........................................ 37
Windows Services..................................................... 38
Windows Event Log .................................................. 38
Specialized Options ...................................................... 39
Playback (Advanced) ................................................ 39
Logging...................................................................... 39
Info............................................................................. 40
Player-Direct FTP ..................................................... 40
Broadcast Distribution............................................... 40
Dial-up ....................................................................... 41
Troubleshooting ............................................................ 42
Content Manager ...................................................... 42
Player ........................................................................ 43
Scala End User License Agreement............................. 45
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Player
Getting Started Guide
Preface
We know you are anxious to get started and install the
software, however this Getting Started Guide contains
the instructions required for a successful installation.
It is important for users to read through the guide
BEFORE you install the software so you can understand
the options, settings and configurations of the program.
In this Guide
This Getting Started Guide will help you install and learn
the basics about Player, including:





The Scala Workflow
Installing Player
Configuring Player
Helpful Setup Tips
Troubleshooting
Other Resources
In addition to this guide, additional resources are
available:
User Manuals provide a complete reference for all the
features of Content Manager. These are available on
the installation disc as well as online (See Extras).
Release Notes provide addition information about
changes since the manual was published and advanced
subjects including data integration. A shortcut is
installed in the Windows Start Menu or visit
http://www.scala.com/releasenotes.
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Getting Started Guide
Updates shows which updates are available for the
product(s) you have currently licensed.
Visit http://www.scala.com/updates.
Extras is a resource of information and inspiration, from
documentation to examples and more.
Visit http://www.scala.com/extras.
Support provides help through FAQs and a Discussion
Forum. Visit http://www.scala.com/support.
Services and Training are available to help you get the
most out of your digital signage network. Visit
http://www.scala.com/services.
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Getting Started Guide
Introducing Player
Scala Player is part of the Scala software system that
allows users to play content scheduled in Content
Manager.
Player provides stable, reliable multimedia playback for
virtually any environment including entertainment, retail,
government, finance, and education.
Player downloads updates while playing, and new
messages show up according to schedule.
Players also report their status back to Content Manager
so you can monitor network status remotely.
The Player software is designed to run on a dedicated
PC. The system should be set up to automatically log in
and run Player at startup.
In a Scala Enterprise network, Player receives and
displays content that has been created in Designer or
uploaded to Content Manager.
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Creative designers use Designer to create Scripts and
Templates. Media can also be uploaded directly to
Content Manager.
Message editors use Content Manager to create and
edit Messages using Templates.
A schedule manager works in Content Manager to set
up Playlists consisting of media, Scripts and Messages,
and schedules when the Playlists will appear.
A network administrator uses Content Manager to
manage and monitor Players, ensuring content is
playing properly.
In advertising-based networks, sales managers would
use Ad Manager to price and sell ad inventory on the
network.
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Getting Started Guide
System Requirements
Before installing Player, make sure you have a system
that meets Scala’s recommended specifications.
Required Operating Systems



Windows 7 Home Premium, Professional,
Ultimate (32 or 64 bit)
Windows Vista Business, Ultimate (32 or 64 bit)
Windows XP Professional SP3 (Pro or
Embedded)
Required Hardware
For the latest list of pre-configured, Scala optimized,
systems please visit;
http://www.scala.com/hardware
then select the link:
What hardware is recommended for Scala Designer
or Player?
There is also a downloadable PDF guide for Designer
and Player Recommendations at this website for custom
configurations that may be more suited to your network
or budget.
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Getting Started Guide
Before You Install
Since the Player relies on a pre-existing player entry in
Content Manager, it is important to define the player first
in Content Manager BEFORE setting up the player.
Information you’ll need:
Content Manager URL – this typically looks like:
http://hostname:8080/ContentManager
or
http://1.2.3.4:8080/ContentManager
(where 1.2.3.4 is the Content Manager IP address).
Player user name and password – this can be found
in Content Manager under Network/ Network
Settings/Player Authentication. The user name
defaults to player_[name of your network] and the
password is ‘scala’. It is recommended that these
credentials be changed.
Proxy server – If the Player is behind a proxy server,
you will need to know its URL and, if required, user
name and password for the proxy.
Screen settings – The number of displays & channels
the Player will have, and the screen resolution for the
display.
Audio settings – how audio will be connected (if
required), particularly for two-channel players. If the
sound card has surround sound, one channel can use
front left/right and the other can use back left/right.
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Getting Started Guide
Scala Modules – which modules the player is going to
use, and how they should be configured. For example,
the Serial (RS-232) Module or TV Tuner EX Module.
Note: Each Player needs a license for add on (“EX”)
modules. This is controlled in Content Manager.
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Getting Started Guide
Installing Player
Installing Scala Player is a relatively simply process
when followed closely. The install wizard will allow the
user to quickly install the product.
Here’s what will be installed:





Scala Player
Windows Media Player
DirectX
Python (special Scala version)
MainConcept MPEG 2 and H.264 Decoders
Suggested components you may wish to install:


Flash – To allow Player to show SWF files.
Acrobat – To read Scala documentation.
Installation Steps
1. Insert the Disc
Insert the Player or Content Manager disc into your
computer. The installer should run automatically.
Another option is to right click on Start and select
Explore. Open the drive for the disc. Then run
setup.exe by double clicking on the icon. Then choose
to install Scala Player 5.
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2. Welcome
The Welcome dialog box offers the option of opening
the Getting Started Guide in PDF format. Click Next to
continue.
3. Third Party Components
Here you can choose to install additional components
which are recommended but not installed automatically.
Click Yes or No to continue.
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Getting Started Guide
4. End User License Agreement
Select the “I accept the agreement” button. The full
EULA can be read here and is also available at the end
of this document. Click Next to continue.
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5. Select Language
Choose the appropriate language and click Next.
Note: The language setting is for the Player
Configuration program and does not impact content
displayed by Player.
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Getting Started Guide
6. Select Destination Location
The installation path will default to the Program Files
folder. If you want to change that location click the
Browse button and select another location. Click Next
to continue.
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Getting Started Guide
7. Transmission Client Service
The Player Transmission Client can be installed as a
Windows service instead of an application. This has the
advantage of being remotely administered by most IT
management applications.
Note: When installed as an application, an icon appears
in the Windows Task Bar. This does not appear when it
is installed as a service.
Make your selection, then click Next to continue.
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8. Additional Tasks
Normally you’d want the Player and Transmission Client
to run at startup. If you are installing on a work system
for testing and development, you may want to un-check
these options. Click Next to continue.
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Getting Started Guide
9. Video Decoders
The installer will install MainConcept’s MPEG-2 and
H.264 decoders. Click Next to continue.
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Getting Started Guide
10. Python Scripting Installation
Player provides installation of the Python scripting
language. An older version can be installed if you have
scripts that rely on it. Click Next to continue.
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Getting Started Guide
11. Allow Network Connections for Player
The Microsoft Internet Connection Firewall must allow
Player to access network connections. Click Next to
continue.
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Getting Started Guide
12. Ready to Install
You are now ready to install Player. Click Install to
continue.
Player will be installed on your system. The file
extraction process can be monitored with the progress
bar. This may take several minutes.
Additional 3rd Party installations may take place
depending on what you selected earlier.
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Getting Started Guide
13. Installation Complete
Once the file extraction is complete, you will have the
option of viewing the Release Notes and starting the
Player Configuration program. Click Finish.
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Configuring Player
The Scala Player Configuration program is the tool you
use to set up the Player software on a Player machine.
Every player in a network must be individually
configured using this utility. Configuration of player
machines should be done after the definition of the
players in Content Manager.
The key steps in configuration are:
1. Network – how the Player receives its plan
updates from Content Manager.
2. Playback – video and audio related options.
3. Modules – any necessary module options.
If you did not run it from the Installer, open the Windows
Start Menu and choose All Programs>Scala Player
5>Scala Player 5 Configuration.
Useful Tip: If there’s a button you are not familiar with,
hover the mouse pointer over it to see the Tool Tip label.
For even more detailed information, press the F1 key,
and then click on the button to learn more
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Getting Started Guide
Network
The Network panel contains options related to how the
Player receives its “plan” (ie: its schedule and inventory
of content) from Content Manager. Once that is set up,
the player can be associated with a player entry in
Content Manager.
The plan only contains the schedule and inventory of
files. Each player compares its existing files with the
inventory and downloads any new or updated files. File
download is almost always via HTTP, and is configured
in Content Manager, not player.
In the most common network configurations, players pull
their plans directly from Content Manager via HTTP.
Other methods are possible; however this guide will
focus on this particular method.
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Getting Started Guide
Important Note: These settings must match the Plan
Delivery of the corresponding player entry in Content
Manager.
Synchronization
1. Click the Synchronization button to specify how
player synchronizes its plan and media with
Content Manager.
2. The choices are:
Point to Point - Player synchronizes by
individually communicating with Content
Manager over HTTP or HTTPS.
Broadcast - Player synchronizes by IP
Multicast, HughesNet, or file transmissions.
The most common choice is Point to Point.
Plan Delivery
1. Click the Plan Delivery button to specify how the
player retrieves its plan.
2. The choices are:
Push to Player – With this option, Content
Manager will save the player’s plan in a shared
folder. The player will retrieve content from
Content Manager via HTTP.
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Getting Started Guide
Pull from Content Manager – The player will
get the plan directly from Content Manager via
HTTP and download content via HTTP as well.
Player-Direct FTP – This option enables an FTP
server built into the player, which Content
Manager will use to send the plan. The player
will retrieve content from Content Manager via
HTTP.
The most common choice is Pull from Content
Manager.
Content Manager Location
1. Click the Content Manager Location button to
specify the address and authentication to
connect to Content Manager.
2. Choose the protocol in which to connect to
Content Manager. The default is HTTP. If
Content Manager PC was configured to support
HTTPS, you can select HTTPS for the protocol
choice.
3. Enter the URL to the Content Manager. The URL
that you enter is case sensitive.
4. Enter the Player Authentication username
used to connect to Content Manager.
5. Enter the password that is associated with the
chosen username.
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6. Click OK.
Network Name and Player Name
1. Click the Refresh button. This will search for any
available Networks and players which you can
use.
2. If you have entered the correct connection
information for Content Manager, the Network
Name will be automatically filled in, the player
Name button will become enabled.
3. If you see an error message, you may have
entered an incorrect URL, user name or
password. Or the server is not accessible from
your computer.
4. If you have defined players in Content Manager,
you can select the player that you want to use
from the Player Name button.
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Note: The player is not fully associated with its entry in
Content Manager until the first time it receives a plan.
After that point, you cannot use the same player entry
for another player unless you reset it in Content
Manager.
Playback
The Playback panel contains options related to how
content is displayed on the screen.
Settings include:





Number channels
Number of displays
Screen resolution
Screen rotation
Audio settings
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Note: Certain options are only available when a dualhead graphic card is installed and may also depend on
the monitor.
Note: These settings must match the Display Setup of
the corresponding player entry in Content Manager.
Display Configuration
A player can display up to two channels. Channels are
defined in Content Manager.
Many PCs have two video outputs, and the Player
Configuration allows up to two displays. More displays
are possible using advanced settings and techniques
not covered in this guide.
To specify the number of channels and displays:
1. Click the Display Configuration button to
determine how many channels the player will
play and how many displays it is connected to.
2. The choices are:
One Channel (Window) – The player will run in
a window on the desktop. This is useful for
testing on development PCs, and in special
configurations where the player needs to coexist
with other applications on the display.
One Channel (One Screen) – The player will
run full-screen on a single display.
One Channel (Extended Across Two Screens)
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– The player will show a single channel spanning
two displays. The channel created in Content
Manager should have an appropriate size (eg: If
each display is 1280x720, then the channel
should be 2560x720).
One Channel (Cloned on Two Screens) – The
player will show the same channel on both
displays.
Two Channels (Two Screens) – The player will
show two channels, one on each display.
Additional audio settings will allow you to
separate the sound from each channel between
stereo front and stereo back.
None (Audio Only) – The display will be blank,
and the player will only allow audio content.
3. The most common selection is One Channel
(One Screen).
Channel Options
If you selected One Channel (One Screen):
1. Choose whether to use the same resolution as
the Windows Desktop, or specify a custom
mode. Typically you would select Same as
Desktop. A scenario where it would be
beneficial to specify the mode would be if the
playback resolution would make using Windows
more difficult when doing troubleshooting on the
player. In that case, you can set Windows to a
more useable resolution and the player can be
different.
2. Select a Screen Orientation (in 90 degree
increments).
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3. Select a Channel Scaling option to control how
the channel will fill the screen.
The choices are:
Fit Inside Display (Preserves Aspect Ratio)
Fill and Trim to Display (Preserves Aspect
Ratio)
Fill Display Exactly (which stretches the script
to the edges of the display boundaries).
The most common selection is Fill Display
Exactly.
4. Click the Audio Hardware button to customize
how audio is handled.
The choices are:
Default Sound Device
No Sound
<Name of your audio device>
The most common choice is to leave it selected
on Default Sound Device.
5. Click the Speakers button to choose how audio
is separated.
The choices are:
All
Stereo, Front Speakers
Stereo, Back Speakers
Mono, Front Left Speaker
Mono, Front Right Speaker
Mono, Back Left Speaker
Mono, Back Right Speaker
The most common choice is All. The other
options are more useful for two-channel players.
Note: Some audio devices do not work in a multiple
audio device environment. You may need to modify the
audio settings in the Windows Control panel.
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Some hardware vendors have a custom control panel
applet to select the number of speakers. This custom
applet typically overrides the setting used Sounds and
Audio Devices.
Other Display Configuration settings have different
sub-options:
One Channel (Extended Across Two Screens) – you
can specify which screen is connected to which display,
the screen resolution and the physical realtionship
between the displays.
One Channel (Cloned on Two Screens) – you can
specify the relationship between the screens.
Two Channels (Two Screens) – you will see separate
groups of settings for both channels.
Audio Only Channels
Players can be used for audio-only playback, with no
visuals. You can either add a second audio-only channel
to an existing visual channel, or disable visuals entirely
and have one or two audio-only channels.
To add an audio-only channel to an existing channel,
click the Enable Audio-Only Channel 2 button.
To disable visuals, select the option None (audio only)
under the Display Configuration drop down.
Then use the Audio Hardware settings to determine
which speakers to direct the audio.
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Modules
Modules are components of Scala that have their own
specific settings. Some are already enabled by default
such as Timing, Launch and Schedule.
Some are optional and must be enabled before using.
Modules with “EX” in their name require a separate
license per player.
To set module options:
1. Click on the Modules panel to configure
standard and optional modules. Settings for
various Modules are in the left column. Optional
modules are listed on the right.
2. A key module to look at is the Timing Module.
This defines the format of the Time, Date and
Weekday variables on the screen.
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3. The Launch Module determines whether scripts
using the Launch EX (which can run external
programs from a Scala script) is allowed.
4. The Schedule Module lets you adjust the first
day of the week used for weekly scheduling.
To enable and configure optional modules:
1. Click the button for a module in the right column.
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2. The options for that module will become
available on the left.
Note: If you plan on using an optional module, you
should license (if necessary) and enable it for Designer
as well.
Saving Settings
When you have finished configuring this player, click OK
to save the changes and exit the utility.
Note: The changes you make do not actually take effect
until the next time the Player Transmission Engine is
restarted.
You can reset the settings back to default by clicking
Reset Settings.
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Running Player
The Player software is actually two programs that work
together. The Transmission Client communicates with
Content Manager and manages files that are
downloaded. The Player itself follows the schedule and
plays the actual content.
On a typical player PC, these programs would be
launched at startup. Or you can run Player and
Transmission Client from the Windows Start Menu.
If the Player is running but not the Transmission Client,
it will continue to play whatever was scheduled until
either all scheduled content has passed, or 30 days
have elapsed from the last time the player
communicated with Content Manager.
If the Transmission Client is left running, but not the
Player, new schedules and content will still be
downloaded and ready for the next time Player is
started.
To exit Player, press the ESC key. To exit the
Transmission Client, right click on its icon in the
Windows Task Bar and select Exit. If the Transmission
Client was installed as a service, use the Window
Services console to stop it.
The player initially displays a “Ready” script, indicating it
is ready to receive its first plan from Content Manager.
As soon as the plan is downloaded, the screen will go
blank while the content for the channel is retrieved. As
soon as the content is ready it will start playing.
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Useful Configuration Tips
Virus Scanning on Players
Although the use of virus scanning software is strongly
recommended for security maintenance in a Network
installation, Scala does not recommend that such
software be installed on players.
Testing by Scala has shown that even virus scanning
products by the most reputable companies are a stability
hazard on computers for which 24-hour, 7-day-a-week
reliability is crucial.
The first line of defense in preventing virus infection of
players is simply not allowing them to become
compromised:




Players should remain dedicated systems, never
used for email, Web surfing, or other high-risk
activities.
Software other than Windows and Player should
be installed on a player only if absolutely
necessary, and should be scanned before
installation.
Content Manager should be frequently virusscanned, so that all files transmitted to players
are verified as clean.
Player machines can be scanned for viruses
periodically from a virus scanner running on a
remote machine with a network connection to the
player. Or virus checking software can be
temporarily installed on the player.
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Windows Services
For operation as a player, many standard services are
not necessary. The following services, at a minimum,
should be disabled on dedicated player machines:



Alerter service
Indexing service
Messenger service
Windows Event Log
It is possible for a PC to freeze if its Windows event
logs fill up and no further events can be recorded. To
prevent this from happening, the Windows System,
Application, and Security logs on all players should be
set so that the oldest events are overwritten when the
log becomes full:
1. Open the Event Viewer.
2. Right-click on the System log and choose
Properties.
3. In the Properties sheet, make sure that
Overwrite events as needed are enabled.
4. Click OK.
5. Repeat steps 2–4 for the Application and
Security logs.
6. Close Event Viewer.
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Specialized Options
Playback (Advanced)
The Playback Advanced panel allows the user to
decide on options to conserve video memory. These
options allow the user to set limiting texture size,
rounding texture size, reducing colors, texture
compression and conserving buffers as choices to
conserve memory. This is only necessary on PCs with
limited processor and/or graphics capabilities.
Logging
The Logging panel has options related to the amount of
detail the Player logs contain and how often the Player
reports its activity back to Content Manager.
Logging Detail Level has two choices, Normal and
Diagnostic. Only enable Diagnostic when you are
troubleshooting a problem.
Number of Days to Keep Logs: You can choose the
number of days the software should keep the player
logs.
Alert Content Manager if the Player Is Not Running
option is on by default. The Player will notice if its
playback window has been closed and automatically
send an alert to Content Manager if this happens.
You can turn it off to avoid unnecessary alerts if a Player
machine needs to be used for some purpose other than
Scala playback.
Minutes to Wait Before Sending Alert – If Alert
Content Manager if the Player is Not Running? option is
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enabled, this value allows you to specify the amount of
time the Player waits before sending an alert to Content
Manager. The default value is one (1) minute.
Info
You can view version information on the various
software modules that make up the Player software by
selecting the Info panel.
Player-Direct FTP
This option is used for networks that have Content
Manager deliver the plan file directly to the player using
the player’s built-in FTP server. When you choose
Player-Direct FTP, you do not need to enter a site name
or username—those are established automatically. All
that is required is a password/confirm password.
Enter a password of at least eight characters. (Only
asterisks appear.). This must match the password that
you used for Player-Direct FTP in the Content Manager
Player Properties form.
Broadcast Distribution
In a typical network, the communication between
Players and the Content Manager server is “Point-toPoint”, meaning that each player individually downloads
its plans and media from the server. This uses standard
internet HTTP(S) technology which is easy to deploy
and there are tools that can be used to ensure that such
a network can scale well.
However, there is a different way to distribute data,
which is to broadcast it. When broadcasting, a signal
goes out simultaneously to a group of Players, all of
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whom listen to the data being broadcast at the same
time, in parallel. From the broadcast, each Player picks
out the data it needs and processes it accordingly.
In the Network tab, when you set Synchronization to
Broadcast, the following options appear:
Driver Type – Choose from:



IP Multicast
File Delivery
HughesNet
Click the configure button to configure the driver type
you have selected.
Dial-up
Communications in a Network can use modems rather
than Ethernet cards, by taking advantage of the dial-up
networking capabilities in the Windows operating
system.
The steps required to configure dial-up are a matter of
creating connections in Windows Dial-up Networking
and using that entry in the Player configuration.
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Troubleshooting
If your player is not receiving new plans or is not playing
what it should be playing, below are some settings you
can check.
If the issues appear to be network-wide, start by
checking Content Manger. If they are isolated to one or
more players, check the players first (see steps below).
Content Manager
Check in Content Manager -> Settings -> License
Status to see if the License file has been downloaded
and is current.
Check to see if the Content Manager and Player are
using the current Release. In Content Manager,
navigate to Settings -> Server Settings and select the
System Information tab. In the Player 5 Configuration,
select the Info tab.
On the Content Manager server, go to Start -> Settings
-> Control Panel. Double-click on Administrative
Tools, then Services.
Make sure the following services are running:



Apache Tomcat
PostgreSQL Database Server
Scala Transmission Server
Check the Content Manager and Transmission Server
Service IC.log file for errors. Shortcuts to the log folders
are in the Start Menu.
Try rebooting the Content Manager system.
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Player
On the Player system, check to see if the Player
Transmission Client is running. This is indicated by an
icon in the Windows task bar.
Note: If the Player was installed with the option to make
the Transmission Client as a service, the icon will not be
there and you will need to check the Windows Services
console.
In the Player 5 Configuration tool, check to see if you
are able to connect to Content Manager, by Selecting
the “Refresh” button. If so, the Player should load the
Network name and no error message will appear.
You can also diagnose the network connection to
Content Manager outside of Player:



Open a web browser and see if you can connect
to: http://servername:8080/ContentManager
Open a Command Prompt and try to Ping the
Content Manager server.
In a Command Prompt, try to Telnet to the server
using port 8080.
Check the Player’s IC.log for errors. (The shortcut to the
log folder is in the start menu).
Note: This is one of the most significant locations to
identify issues with your system. The most recent error
is at the bottom of the log file.
Players upload their log files to Content Manager, which
you can access by going to Player Properties and
clicking on the Logs tab. But if you have access to the
player directly, you can see the log immediately, instead
of waiting for it to be uploaded.
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If you have additional questions, please contact your
Scala Sales and Support Partner or visit us on the web
at www.scala.com.
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Scala End User License Agreement
This Softw are License Agreement (“Agreement”) is entered into betw een
Scala, Inc. (w hich, for purposes of this Agreement, shall be deemed to
include any majority ow ned subsidiary of Scala, Inc.) (“Scala”), and the
purchaser, licensee or user (“Licensee”) of Scala Software (as defined
below ). The terms of this Agreement also apply to any Scala Software
Updates, and/or Softw are Maintenance (as each term is defined below ) for
the Scala software, unless other terms accompany those items. If so, those
terms apply.
READ THIS LICENSE CAREFULLY. BY OPENING THE SCALA
SOFTWARE PRODUCT PACKAGING AND/OR USING THE SCALA
SOFTWARE, LICENSEE AGREES TO BE BOUND BY THE TERMS AND
CONDITIONS OF THIS AGREEMENT.
If Licensee does not agree to the terms of this Agreement prior to opening the
Scala Software packaging or installing the Scala Software, Licensee shall
cease using (or refrain from commencing use of) the Scala Softw are, and
shall, as applicable, uninstall and/or permanently delete the Scala Software,
Documentation (and any copies thereof) from the computers or computer
system(s) on w hich the Scala Software has been loaded or stored, and return
the Scala Softw are and Documentation, all media on w hich it is stored, all
product packaging, and proof of payment to the Scala Partner (as defined
below ) pursuant to such Scala Partner’s return policy. If Licensee does not
agree to the terms of this Agreement, and has acquired the Scala Softw are
as part of a pre-configured computer system on w hich the Scala Softw are has
been installed, Licensee must either promptly cease using the Scala
Softw are, uninstall and/or permanently delete the Scala Software and
Documentation (and any copies thereof) from the computer system(s) on
w hich the Scala Software has been preloaded, or return the pre-configured
system pursuant to the system vendor’s return policy.
1.
DEFINITIONS.
1.1.
“Commencement Date” means the ship date of the Scala Softw are
from Scala or a Scala Partner to the Licensee.
1.2.
“Documentation” means the user guides, tutorials, printed
instructions, reference manuals, and other explanatory materials developed
by Scala that accompany or are stored on or in the Scala Software for use in
connection w ith the Scala Softw are.
1.3.
“End User” means, as applicable, Licensee or any person or entity
(including, for the avoidance of doubt, any employee or agent of Licensee)
that uses the Scala Software.
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1.4.
“Object Code” means the form of Scala Softw are wherein computer
programs are assembled or compiled in magnetic or electronic binary form on
software media, w hich are readable and usable by machines, but not
generally readable by humans w ithout reverse-assembly, reverse-compiling,
or reverse-engineering.
1.5.
“Software Maintenance” means the provision of Software Updates.
1.6.
“Scala Partner” means any Scala Certified Partner, reseller or
distr butor of Scala that sold or licensed the Scala Software to Licensee.
1.7.
“Scala Softw are” means, as applicable, the Object Code form of
Scala Starter Kit, Scala Designer, Scala Player, Scala Content Manager,
Scala Broadcast Server, Scala Ad Manager, EX Modules, software add-ons
or such other Scala software products or access licenses as may be identified
in a purchase order provided to Scala or a Scala Partner, and shall be
deemed to include the Documentation for such Scala Software, the license
keys, clip art, fonts and multimedia files included in such Scala Software, their
related software options, software extensions, software upgrades and
Softw are Updates, and Third Party Software integrated into such identified
products.
1.8.
“Software Updates” means bug fixes, documentation improvements
and feature additions, including all major (i.e., numbered) and minor (i.e.,
point) releases, w hen and if made available by Scala.
1.9.
“Third Party Software” means software, referred to as
redistributable code that is licensed to Scala by third party licensors for
redistribution w ith the Scala Softw are. The redistributable code is the property
of Scala’s licensors, and protected under United States and international
copyright, trade secret or other proprietary rights laws, and international
treaties.
2.
GRANT OF LICENSE RIGHTS.
2.1
License. Subject to the terms, restrictions and limitations set forth
herein, Scala hereby grants to Licensee a non-exclusive, non-transferable,
non-sublicensable license to use (and to permit its End Users to use) the
Object Code version of the Scala Softw are, including any Third Party
Softw are included therein or therew ith, along w ith any graphical, textual,
pictorial, audio or visual w orks or materials incorporated into or delivered w ith
the Scala Softw are, including the Documentation.
2.2
Term. This Agreement is effective as of the date at w hich Licensee
accepts the license terms as set f orth above, and w ill continue unless
terminated as provided in Sections 7.3 or 8.
2.3.
Scope of License and Use
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A.
Internal Use. Licensee may use the Scala Softw are and
Documentation only for its ow n internal use and only on one, single-user
computer. Licensee may internally transfer the Scala Software to a different,
single-user computer (a “Transferred Installation”), provided that the Scala
Softw are and any copies thereof are permanently uninstalled and/or deleted
from the computer from w hich the Scala Software is transferred.
B.
Limitations. In connection w ith the creation, development or
management of content files, and/or the planning or scheduling of information
using Scala Softw are (including, but not limited to, media creation and/or
management, template message creation, metadata, schedules, layouts,
timetables, playlists, or triggers), Licensee may publish or transmit files for
playback (i) to one or more properly licensed individual Scala Players; (ii) to
an audio visual netw ork of screens showing identical content controlled by a
properly licensed individual Scala Player, and (iii) for preview and approval
purposes over the w eb or other means. Notw ithstanding the above, Licensee
shall not directly or indirectly, use or cause to be used for playback content
files, plans, schedules or other information created, developed or managed
w ith Scala Software without also having properly licensed Scala Software for
the playback devices involved.
C.
Copies. Licensee may make one (1) copy of the Scala Software
and one (1) copy of the related Documentation for archival or back-up
purposes, only.
D.
Third Party Softw are. The license granted hereunder includes the
right of Licensee to use the Third Party Softw are in Object Code form, solely
in connection w ith the authorized operation and use of the Scala Softw are in
conformance with the terms and conditions of this Agreement. For the
avoidance of doubt, Licensee may not decouple, disassemble or otherw ise
separate the Third Party Softw are from the Scala Sof tw are or use the Third
Party Softw are except in connection w ith the use and operation of the Scala
Softw are as permitted hereunder.
E.
Restrictions. The Scala Software is licensed, not sold. This
Agreement only gives you some rights to use the Scala Sof tw are. Scala
reserves all other rights. Unless and solely to the extent otherw ise permitted
under applicable law , you may use the Scala Softw are only as expressly
permitted in this Agreement. Except as expressly permitted under applicable
law , or as otherw ise agreed to in w riting by Scala, Licensee shall not, and
shall not permit any End User to: (i) w ork around any technical limitations in
the Scala Softw are; (ii) publish the Scala Software for others to copy; (iii)
make more copies of the Scala Softw are than authorized under this
Agreement ; (iv) sell, lease, rent, redistribute, assign, sublicense, or transfer
the Scala Softw are and/or Third Party Softw are; (v) reproduce, decompile,
reverse engineer or disassemble the Scala Softw are and/or Third Party
47
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Softw are; (vi) offer the use of the Scala Softw are to third parties as an
application service provider, service bureau or remote-hosted service; or (vii)
deliver, export, transfer or otherwise distribute the Scala Softw are acquired
hereunder to, or use the Scala Software acquired hereunder in, a country
other than the country in w hich the Scala Software was purchased (including,
for the avoidance of doubt, in connection w ith a Transferred Installation).
3.
LICENSE AND OTHER FEES. Licensee agrees to be bound by
and pay the license fee(s) set forth in the Scala Softw are price list in effect as
of the date of purchase. License fees for Scala Software and maintenance
fees for Software Maintenance may be updated and changed at any time.
3.1
Softw are Maintenance Coverage. Where Software Maintenance is
offered upon separate purchase terms from the Scala Software, the Scala
Softw are products are sold w ith an initial period of Software Maintenance
coverage included in the price of the product. Such Initial Maintenance Term
is defined as follow s: With the exception of Player and EX Module Products,
the initial maintenance term of software supplied under this Agreement
commences upon delivery of the product and remains in force for one year.
The initial maintenance term for Player and Player EX Module Products w ill
commence upon delivery of the product and shall remain in force until the
anniversary of the Content Manager renew al date that such software
products are associated with, regardless of the purchase date of the Player or
Player EX Module Products. The initial maintenance term for other EX
Module Products w ill commence upon delivery of the product and shall
remain in force until the anniversary of the renewal date of the product that
such software products are associated with, regardless of the purchase date
of the EX Module Product. During the Initial Maintenance Term, Licensee
shall be entitled to Softw are Updates if and w hen made available by Scala.
All use of Scala Software provided pursuant to Software Maintenance
coverage shall be subject to the terms of this Agreement. Licensee may elect
to continue Softw are Maintenance beyond the Initial Maintenance Term,
subject to availability, upon payment to Scala (or, as applicable, a Scala
Partner) of the Scala annual maintenance fee in effect at the time of renew al.
3.2
Taxes and Duties. Prices to Licensee do not include taxes, duties,
tariffs, handling fees, or other such assessments of any nature. Whenever
imposed, such assessments are payable by Licensee. Income or other taxes
that are required to be paid or w ithheld by Licensee or Scala under the law s
of jurisdictions other than the United States, in connection w ith the license
and other fees paid by Licensee hereunder, are the sole obligation of
Licensee and shall be exclusive of the license and other fees paid by
Licensee.
3.3
Other Services. Licensee acknowledges that any additional
services offered by Scala, such as installation, customization or professional
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services, are not provided under this Agreement, and any such services to be
provided by Scala (or, as applicable, a Scala Partner) shall be subject to the
mutual agreement of the parties, the terms and conditions for w hich shall be
set forth in a separate agreement.
4.
CONFIDENTIAL INFORMATION, TITLE AND COPYRIGHTS.
4.1
Licensee acknow ledges that the Scala Software, Documentation,
Softw are Updates, enhancements, modifications, additions, new releases of
or to the Scala Software contain confidential information of, are trade secrets
of, and are proprietary to Scala and its licensors and that title to such
materials is and shall remain in Scala and its licensors, as the case may be.
Licensee shall maintain in strict confidence the Scala confidential information,
but, at a minimum, to take those precautions that it utilizes to protect its ow n
confidential information. Licensee shall have no obligation of confidentiality
w ith respect to information that (i) at the time of disclosure is in or becomes
available to the public through no breach of this Agreement on the part of the
Licensee; (ii) w as lawfully in Licensee’s possession prior to receipt from
Scala; (iii) is received independently from a third party free to law fully disclose
such confidential information to Licensee and w ho does not ow e an obligation
to Scala w ith respect to confidential information; (iv) Licensee independently
develops w ithout the benefit of any confidential information disclosed
hereunder or (v) is required to be disclosed by a government agency;
provided that the Licensee w ill use best efforts to minimize such disclosure
and w ill notify Scala promptly of any such demand, order or judgment in order
to permit Scala to seek an appropriate protective order.
4.2
All applicable rights to patents, copyrights, trademarks and trade
secrets in the Scala Softw are and other proprietary materials are and shall
remain in Scala and its licensors. Licensee shall not assert any right, title or
interest in the Scala Software or other materials provided to Licensee under
this Agreement, except for the limited license rights expressly granted to
Licensee hereunder.
4.3
Licensee shall not obscure or remove any copyright or other
proprietary notice or legend contained on or included in the Scala Softw are
and shall reproduce all such information on all copies made hereunder.
Licensee shall not, directly or indirectly, disclose or distr bute any technical
information of Scala provided w ith or in the Scala Softw are without the prior
w ritten consent of Scala, which consent may be w ithheld at Scala’s s ole
discretion.
5.
LIMITED WARRANTIES.
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5.1
Media and Documentation. Scala w arrants that if the media or
Documentation is in a damaged or physically defective condition at the time
the Scala Softw are is delivered to Licensee, and if such media or
Documentation is returned to Scala w ithin thirty (30) days of the effective date
of this Agreement, Scala w ill provide Licensee w ith a replacement at no
charge.
5.2
Softw are Limited Warranty and Remedy.
A.
Provided that Licensee is not in breach of any of its obligations
under this Agreement, and in addition to the w arranty set forth in Section 5.1,
Scala w arrants for a period of thirty (30) days from the Commencement Date
(“Warranty Period”), that the software will substantially conform to the
Documentation provided by Scala w ith the Scala Softw are. Licensee’s sole
remedy and Scala’s and Scala Partner’s sole obligation under this Agreement
for breach of this w arranty is, at Scala’s sole option, (i) the remedy of the
nonconformity or (ii) the authorization of a refund for the price paid for the
media and or Scala Softw are by Scala or the Scala Partner from w hich the
Scala Software was originally obtained. Any request for the above remedies
must be made w ithin the Warranty Period and proof of purchase (i.e., copy of
the invoice or receipt) is required to be presented to Scala. In the event of a
refund, this Agreement w ill immediately terminate w ithout further notice, and
Licensee w ill have no further rights or license to use Scala Software or
Documentation.
B.
Any replacement software or media w ill be w arranted for the
remainder of the original Warranty Period or for an additional thirty (30) days
w hichever is longer.
C.
This limited w arranty is void if nonconformance of the Scala
Softw are results from or is related to the (i) improper installation or operation
of the Scala Softw are by or on behalf of the Licensee, (ii) failure of Licensee’s
hardw are or non-Scala software, (iii) incompat bility of such hardw are and
non-Scala software systems with Scala Software, (iv) alteration, modification
or unauthorized integration of Scala Softw are by or on behalf of Licensee, or
(v) accident, abuse or misapplication of Scala Software.
D.
If the Scala Softw are is provided as a trial or evaluation version, the
grant of the license to use the Softw are shall be on an “AS IS” basis and
subject to the express limitations of the trial. Unless Licensee shall have
entered into a separate w ritten license agreement prior to the expiration or
termination of the trial period, Licensee agrees to cease all use of the Scala
Softw are provided on a trial or evaluation basis and to return such Scala
Softw are, or to return any license keys and destroy or permanently delete any
and all copies of such Scala Softw are.
5.3
Disclaimer of Warranties. SCALA AND ITS LICENSORS MAKE
NO WARRANTY, REPRESENTATION OR PROMISE EXCEPT AS
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SPECIFICALLY SET FORTH IN THIS AGREEMENT. TO THE FULLEST
EXTENT PERMITTED BY LAW, SCALA AND ITS LICENSORS DISCLAIM
AND EXCLUDE ANY AND ALL OTHER WARRANTIES, INCLUDING
WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
RESULTS. SCALA AND ITS LICENSORS DO NOT WARRANT THAT THE
SCALA SOFTWARE OR DOCUMENTATION WILL SATISFY LICENSEE’S
REQUIREMENTS; THAT THE SCALA SOFTWARE AND
DOCUMENTATION ARE WITHOUT DEFECT OR ERROR; OR THAT THE
OPERATION OF THE SCALA SOFTWARE WILL BE UNINTERRUPTED.
TO THE MAXIMUM EXTENT PERMITTED UNDER THE LAW, THE UN
CONVENTION FOR THE SALE OF GOODS AND THE UNIFORM
COMMERCIAL CODE DO NOT APPLY TO THIS LICENSE AGREEMENT.
6.
LIMITATION OF LIABILITY.
6.1
IN NO EVENT SHALL SCALA OR ITS LICENSORS BE LIABLE
FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER
PECUNIARY LOSS). REGARDLESS OF WHETHER SCALA HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM
EXTENT PERMITTED BY LAW, SCALA’S AGGREGATE LIABILITY
ARISING FROM OR RELATING TO THIS LICENSE OR THE SCALA
SOFTWARE AND DOCUMENTATION IS LIMITED TO THE AMOUNT
ACTUALLY PAID FOR THE LICENSE. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY.
7.
INDEMNIFICATION.
7.1
Scala’s Obligation. Subject to the Licensee indemnification set
forth at Section 7.2 and the restrictions and limitations set forth herein, Scala
shall indemnify and hold harmless Licensee, its officers, directors and
employees from and against any costs or demands aw arded against
Licensee by a court of competent jurisdiction pursuant to a final judgment as
a result of a claim or action by a third party against Licensee that the Scala
Softw are or Documentation infringes a registered copyright, trademark, valid
patent or other intellectual property right of a third party in North America,
European Economic Area or Japan. The foregoing indemnity is conditioned
on Licensee (i) promptly notifying Scala of such claim; (ii) permitting Scala to
control the response thereto and the defense thereof, including any
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agreement relating to the settlement thereof, and (iii) assisting and
cooperating w ith Scala, at Scala’s expense, in the defense or settlement
thereof. Licensee may participate, at its ow n expense, in such defense
directly or through counsel of its choice on a monitoring, non-controlling
basis. Scala shall obtain Licensee’s prior w ritten consent to any compromise
or settlement of any claim w hich would require an admission of liability on the
part of Licensee or w hich would subject Licensee to any injunction or other
equitable relief. Notw ithstanding the foregoing, in no event shall Scala or its
licensors be liable to indemnify, defend, settle or hold Licensee harmless from
and against any or all claims w hich allege infringement of intellectual property
that reads upon or is infringed by a generally recognized audio, video,
technology or patent standard, including w ithout limitation MPEG-1, MPEG-2,
MPEG-4, JPEG, DV, Flash, VC-1, AAC, AC-3, DVCPRO or AVS (each
including all profiles, options, parts or levels);
7.2
Scala shall have no obligation under Section 7.1, and otherw ise will
have no liability for, any claim of infringement caused or alleged to be caused
by: (i) the use or combination of the Scala Softw are with non-Scala software,
hardw are, data, or content, including but not limited to software, hardware,
data, or content of Licensee; (ii) infringement that w ould have been avoided
w ithout the use or combination of the Scala Softw are w ith other non-Scala
software, hardware, content, or data; (iii) the presence of any alteration or
modification of the Scala Softw are by Licensee or any third party acting on
Licensee's behalf; or (iv) the Licensee's continuing the allegedly infringing
activity after being notified thereof or after being informed and provided w ith
modifications that w ould have avoided the alleged infringement.
7.3
In the event that a claim of infringement of a valid North American,
European Economic Area or Japanese software patent or copyright is made
against Scala or Licensee or if Scala reasonably believes that such a claim
w ill be made, Scala, at its option and in lieu of indemnification, may (a)
procure for Licensee the right to use the Scala Softw are without patent or
copyright infringement; (b) modify the Scala Software to make it noninfringing; (c) replace the Scala Softw are with substantially equivalent
software that is non-infringing; or (d) direct Licensee to cease use of the
Scala Software, and refund to Licensee a percentage of the aggregate fees
received for such Scala Software that are the subject of such a claim, based
on a five (5) year straight line depreciation
7.4
The foregoing Sections 7.1-7.3 set forth the exclusive remedy and
entire liability and obligation of Scala w ith respect to third party claims against
Licensee alleging intellectual property infringement or misappropriation.
7.5
Licensee Obligation. Except for the infringement claims set forth in
Section 7.1, Licensee shall indemnify, defend and hold Scala, its directors,
officers, agents and employees harmless from any claims, demands, or
causes of action w hatsoever by a third party against Scala arising as a result
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of Licensee’s use or operation of the Scala Software. For the avoidance of
doubt, and w ithout limiting the scope of the immediately preceding sentence,
Licensee shall indemnify, defend and hold Scala, its directors, officers, agents
and employees harmless from any third party claims, demands, or causes of
action w hatsoever arising from or related to the display, broadcast,
reproduction, performance or other use or distribution of audio, visual,
graphical and textual information developed by or on behalf of Licensee and
not included in the Scala Softw are.
8.
TERMINATION.
8.1
By Licensee. Licensee may terminate this Agreement at any time
w ithout notice to Scala. The license fee is not refundable and Scala w ill have
no obligation to refund any amounts paid by Licensee under this Agreement
upon its termination (except for any right of refund as set forth in Sections 5
and 7.3).
8.2
Scala. Scala may terminate this Agreement and all licenses
granted hereunder upon thirty (30) days prior w ritten notice if Licensee fails to
comply w ith any of the terms and conditions of this Agreement or any
Schedule to this Agreement, and such noncompliance is not cured w ithin
such thirty (30) day period.
8.3
Return of Softw are. Upon any termination of this Agreement,
Licensee must cease all use of the Scala Softw are, and return to Scala all
copies of the Scala Softw are, including license keys, together w ith the
Documentation, or shall return all license keys and certify to Scala’s
reasonable satisfaction the destruction or permanent deletion of all copies of
the Scala Softw are and Documentation from its computer systems.
9.
GENERAL.
9.1
Audit Rights. Scala shall have the right reasonably to audit the
deployment and use of the Scala Softw are by Licensee, including w ithout
limitation Licensee’s conformance with the provisions of Section 3 herein.
Licensee agrees to cooperate w ith Scala’s reasonable request for access to
Licensee’s computer systems to ensure Licensee’s adherence with the
license terms hereunder.
9.2
Purchase in Canada. If Licensee acquired this software in Canada,
Licensee agrees to the follow ing: The parties hereto have expressly required
that the present Agreement and any exhibits hereto be draw n up in the
English language. / Les parties aux présentes ont expressément exigé que la
présente convention et ses Annexes soient rédigées en langue anglaise.
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9.3
Notices. Any notice required or permitted to be given by Licensee
hereunder shall be in w riting and shall be deemed to have been duly given (i)
upon hand delivery, (ii) on the third day follow ing delivery to the postal service
as certified mail, return receipt requested and postage prepaid, or (iii) on the
first day follow ing delivery to a recognized overnight courier service, fee
prepaid and return receipt or other confirmation of delivery requested. Any
such notice shall be delivered or sent to Scala at the address as set forth
below , or to such other address as Scala may designate from time to time.
Scala, Inc., 350 Eagleview Boulevard, Suite 350, Exton, PA 19341, USA.
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.
NOTICE ABOUT THE AVC VISUAL STANDARD. This software may include
AVC visual decoding technology. MPEG LA, L.L.C. requires this notice: THIS
PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO
LICENSE FOR THE PERSONAL USE OF A CONSUMER OR OTHER USES
IN WHICH IT DOES NOT RECEIVE REMUNERATION TO (i) ENCODE
VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”)
AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A
CONSUMER ENGAGED IN A PERSONAL ACTIVITY AND/OR WAS
OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC
VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY
OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM
MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM
9.4
Governing Law .
A. United States Sales. If you acquired the Scala Softw are in the United
States, Pennsylvania state law governs the interpretation of this agreement
and applies to claims for breach of it, regardless of conflict of laws principles.
B. Sales Outside the United States. If you acquired the Scala Software in any
other country outside the United States, the law s of the country of the
majority-ow ned Scala subsidiary that sold the Scala Software to you applies,
regardless of such country’s conflicts of law provisions.
9.5
Legal Effect. This Agreement descr bes certain legal rights. You
may have other rights under the law s of your state or country. You may also
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have rights w ith respect to the party from w hom you acquired the Scala
Softw are. This Agreement does not change your rights under the law s of your
state or country if the law s of your state or country do not permit it to do so.
9.6
U.S. Government Restricted Rights Legend. The Scala Softw are,
hardw are, and Documentation provided under this Agreement bear restricted
rights. Use, duplication, or disclosure by the U.S. 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 clause
at 48 CFR 52.277-19, as applicable. Scala, Inc., 350 Eagleview Boulevard,
Suite 350; Exton, PA 19341 USA.
9.7
Assignment. Neither party may assign any rights, duties,
obligations or privileges under this Agreement w ithout the prior w ritten
consent of the other party. A change of control or ow nership shall not be
deemed to be an assignment under this Section so long as the new ow ner
has expressly assumed in w riting all of the duties and obligations of the
assignor and further provided, that Licensee shall remain liable and
responsible to Scala (and its licensors) for the performance and observance
of all such duties and obligations.
9.8
Severability. Should any part or provision of this Agreement be
held unenforceable or in conflict w ith the law of any jurisdiction, the validity of
the remaining parts or provisions shall not be affected by such holding.
9.9
Limitation on Effect of Waiver. Failure on the part of Scala to
exercise, or Scala’s delay in exercising, any of Scala’s rights hereunder shall
not be construed as a w aiver or w aiver of other breaches of this Agreement.
Any single or partial exercise by a party of any right shall not preclude any
other or future exercise thereof or the exercise of any other right in the
Agreement.
9.10
Entire Agreement. This Agreement contains the entire
understanding of the parties w ith respect to the transactions contemplated
and supersedes any prior agreements or understandings among the par ties
w ith respect to the subject matter hereof. This Agreement may be amended
only by a w riting that refers to this Agreement and is signed by both parties.
9.11
Export Law Assurances. Licensee acknowledges that the Scala
Softw are included herewith is subject to restrictions and controls imposed
under the U.S. Export Administration Act and Canadian Exportation Law s.
Licensee must comply w ith all domestic and international export law s and
regulations that apply to the software. These law s include restric tions on
destinations, end users and end use. Licensee hereby expressly agrees to
defend, hold harmless and indemnify Scala, its directors, officers, and
employees, from any claim, suit or dispute alleging that Licensee has
55
Player
Getting Started Guide
exported the Scala Softw are in violation of any domestic or international
export law s.
9.12
Construction. The headings in this Agreement are for convenience
of the parties only. They do not constitute a portion of this Agreement and
shall not be used in interpreting the construction of this Agreement.
9.13
Third Party Beneficiary. Licensee hereby agrees that the licensors
of Third Party Softw are shall be considered third party beneficiaries of this
Agreement and shall be entitled to bring a direct action against Licensee in
the event of breach of any applicable provisions of this Agreement, pursuant
to the terms and conditions of this Agreement.
9.14
Force Majeure. Neither party shall be in default if failure to
perform any obligation hereunder is caused solely by unforeseen supervening
conditions beyond that party’s reasonable control, w hich could not have been
prevented by the non-performing party’s reasonable precautions,
commercially accepted processes or substitute services, including acts of
God, civil disturbances, strikes and labor disputes.
9.15
Negation of Agency and Similar Relationships. Nothing contained
in this Agreement shall be deemed to create an agency, joint venture or
partnership relationship.
56
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