FLUENDO股份公司 对角线大街579号8楼 巴塞罗那，邮编08014 西班牙
重要 — 请仔细阅读
- 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.
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.
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:
- 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.
- 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;
- 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;
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.
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.
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 firstname.lastname@example.org .
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.
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.
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.
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.