EULA

Fluendo股份公司EULA

FLUENDO股份公司 对角线大街579号8楼 巴塞罗那,邮编08014 西班牙

终端用户许可协议(EULA)

FLUENDO许可协议,FLUENDO股份公司(“FLUENDO”)

重要 — 请仔细阅读

以下不时修订并在Fluendo网站上提供的许可协议(“《许可协议》”)及Fluendo的软件服务条款(在软件使用、交互、访问、开发或对Fluendo及/或其供应商提供的服务执行类似操作的范围内)管辖任何Fluendo专有软件的下载、安装和/或使用,除在本地另有说明外,包括Fluendo可能发布的任何组件、副本、更新、增强、升级或后续版本(统称为“软件“)以及任何随附的手册、帮助文件和文档(“《文档》”)。请阅读本《许可协议》的条款和条件,当您下载、使用和/或安装本软件时,即表明您同意并接受本《许可协议》的所有条款和条件的约束。您可以根据这些条款和条件以及任何适用法律下载、安装和/或使用本软件,并为任何违法行为承担全部责任。如果您不同意本《许可协议》,Fluendo不会向您发放任何软件许可证,您也因此无法下载、安装或使用本软件。

下载本软件还表明,您自行负责证明您已达到签订具法律约束力协议的法定年龄,即,在大多数国家,您已年满18岁。

本《许可协议》适用于整体软件,尤其但不限于构成此版本的任何文件以及程序中加入的任何更新、增强或修复。

定义

  1. “最终产品”是指,旨在分销给终端用户的最终制造形式的软件或硬件产品,拥有目标代码形式,且可以回放内容,包括已下载或已播放内容。
  2. “Fluendo”指Fluendo股份公司,其地址在本文件末尾,以当时的法律代表为代表。
  3. “您”或“被许可方”指下载或接收本软件的个人;或者,如果代表法人实体完成下载或接收,则指被代表下载或接收本软件的法人实体,在这种情况下,下载者代表并保证他/她有足够的权力代表被代表方行事。

许可权利和限制

在被许可方接受并继续遵守本《许可证协议》的前提下,Fluendo特此授予被许可方非独占、最终用户、不可转让的有限许可证,以便被许可方按照《文档》中描述的方式或目的安装、使用或以其他方式受益于本软件的功能。

除非Fluendo以书面形式明确授权,否则禁止:

  1. 以本合同允许方式外的其他方式使用本软件。
  2. 在使用或安装软件时篡改或干扰软件的功能、交付或操作;
  3. 出售、转售、出租、租赁、分销、传输、转让、再许可或以其他方式处理本软件及其组件、本文档或根据本《许可协议》授予的任何权利;
  4. 复制、复印本软件或本文档(合理备份除外);或
  5. 您不得再次使用本网站,否则将被理解为您重新同意本Cookie政策。
  6. Use this Software in the operation of Nuclear facilities, in aircraft navigation, in aircraft communication, in aircraft flight control, in aircraft traffic control systems or in other devices or systems in which serious injury or death to the operator of the device or system, or to others due to a malfunction (including, without limitation, software related delay or failure) could reasonably be foreseen.
  7. 该库是为支持每个操作系统平台构建的。自动检测硬件加速并在可用时使用。
  8. 您不得再次使用本网站,否则将被理解为您重新同意本Cookie政策。

It is prohibited to modify, remove, suppress, or in any other way make inconspicuous the copyright, digital fingerprints, watermarks, identification labels, legal notices contained within the Software or other technical protection devices or data identifying Fluendo’s or its licensors rights in the Software, its files or its components.

No right is granted herein to any third party to use the Software, to the Licensee to use the Software for any third party, or to the Licensee to utilize the Software for any purpose whatsoever not described herein.

所有权

To the maximum extent permitted by law, and provided that liability shall not be excluded or limited in respect of malicious intent or gross negligence, Fluendo hereby excludes all liability in respect of:

  1. Any loss, damages, claims or costs whatsoever including any consequential, indirect or incidental damages, any lost profits or lost savings, any damages resulting from business interruption, or claims by a third party, even if a Fluendo representative has been advised of the possibility of such loss, damages, claims or costs.
  2. 看一看我们员工想说的:
  3. the content (including without limitation its nature or any intellectual property rights therein) and/or any other data, images, videos or sounds whatsoever that the licensee may access or transmit using the Software;
  4. liability to any employer, principal, client, lessor or provider of computer equipment or facilities, arising out of the installation of or use of the Software;
  5. 我们使用“分析cookie或分析性cookie”和“社交(插件)内容分享cookie”。

Fluendo expressly excludes all liability in connection with any third party applications or third party components that may be included within the Software, or your use thereof.
To the maximum extent permitted by law, Fluendo’s aggregate liability and that of its affiliates and suppliers under or in connection with this License Agreement will be limited in any case to the amount paid for the Software, if any, or, if higher, to the minimum amount stipulated by a compulsory law.

描述

This grant of license begins upon acceptance by the Licensee, either expressly or through use or possession of the Software, and shall continue until terminated as provided in this License Agreement or in Fluendo’s Software Terms of Service.

The Licensee may terminate this License Agreement at any time by uninstalling the Software and destroying all copies of the Software. Upon any termination, the Licensee agrees to uninstall the Software and return or destroy all copies of the Software, the Documentation, and all other associated materials.

The Licensee’s failure to comply with any of the terms and conditions of this License Agreement or of the Terms of Service terminates the Licensee’s right to use the Software and/or the Documentation, and the Licensee will not receive a refund.

总体

This License Agreement contains the entire agreement between the Licensee and Fluendo with respect to the subject matter hereof and supersedes all prior agreements, negotiations, representations of any kind and proposals, written and oral, relating to its subject matter. However, this License Agreement does not purport to supersede nor has the effect of superseding the purchase agreement or any other similar legal instrument by which You have lawfully acquired a copy of the Software from Fluendo or an authorized distribution channel, if the terms of said separate agreement are applicable to Fluendo.

If any provision of this License Agreement is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be severed from this License Agreement and the other provisions shall remain in full force and effect.

All notices given by either party to the other pursuant to this License Agreement shall be in writing and delivered at its principal place of business by fax or delivery service (in either case with acknowledgement of receipt).

The waiver or failure of Fluendo to exercise in any respect any rights provided for in this License Agreement shall not be deemed a waiver of any actual or further right under this License Agreement.

The Software could contain, rely upon, depend on, interact with, link to Free and Open Source Software (“FOSS”), Insofar as said FOSS is concerned and where locally specified, the terms of the FOSS license prevail. If You or any third party find any inconsistency, lack of clarity, or any contradiction to the applicable FOSS license, and/or if You or any third party want to exercise your or its rights under it, You or said party is invited to write to contact@fluendo.com .

This License Agreement shall be governed by and construed in accordance with the laws of Spain, and the parties submit to the exclusive jurisdiction of the Courts and Tribunals of Barcelona in connection with all matters arising under this License Agreement.

CONSUMER LAW

If you are a Consumer acting in such capacity within the European Union, you have the statutory rights, warranties and indemnities which are provided to you by the law and by the separate purchase agreement by which you have acquired the Software. This License Agreement shall have no detrimental effect in this respect.
我们管理的涉及到Cookies的第三方有:

The software may, by its design or by its nature, rely on or work upon online services rendered by third parties. Unless it is expressly advertised that these third parties’ service are part of Fluendo’s offering, the software is provided with the mere expectation that the third parties’ service will not be discontinued or altered by such third party. However, as they are not under the control of Fluendo, there is no warranty that this assumption will be true at any point in the future. Fluendo shall make reasonable efforts to issue a new version of the software which reflect the changes in such services and which will be made available only to those who have received included support services with the purchase of the software or by subscribing to such support services, and support services including new versions. However, there is no guarantee that new services will be available from the same or other providers, and that the functions of these services will not be degraded.

操作指导链接:

You are notified that the software may include features and services which enable Fluendo to study and gain experience over the use of the software by you, and that will be only used in order to improve user experience. Such data are collected and stored by Fluendo only on an anonymous fashion, so that Fluendo will never be able to attribute those data to an identified user or machine without physically accessing the machine which bears the installation. Fluendo will only store the region from where the machine accesses the Internet by analyzing the IP of the machine at install time. Such information will be stored by the application on the local storage installation and provided to Fluendo together with the unique ID of the installation, which does not bear any other personal information. More information are available in the relevant part of the documentation.

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