
FLUENDO LICENSE AGREEMENT BY FLUENDO, S.A. ("FLUENDO")
IMPORTANT - READ CAREFULLY

THE FOLLOWING LICENSE AGREEMENT AS AMENDED FROM TIME TO TIME AND 
AVAILABLE AT FLUENDO'S WEBSITE (THE "LICENSE AGREEMENT"), TOGETHER WITH 
FLUENDO'S SOFTWARE TERMS OF SERVICE, GOVERNS THE DOWNLOADING, 
INSTALLATION AND/OR USE OF ANY FLUENDO'S PROPRIETARY SOFTWARE, INCLUDING 
ANY COMPONENTS, COPIES, UPDATES, ENHANCEMENTS, UPGRADES OR SUBSEQUENT 
VERSIONS THEREOF THAT MAY BE RELEASED BY FLUENDO (COLLECTIVELY, THE 
"SOFTWARE") AND ANY ACCOMPANYING MANUALS, HELP FILES AND DOCUMENTATION 
(THE "DOCUMENTATION"), UNLESS OTHERWISE STATED LOCALLY. PLEASE READ THE 
TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT AS BY DOWNLOADING, USING 
AND/OR INSTALLING THE SOFTWARE YOU (THE "LICENSEE") CONSENT AND AGREE TO 
BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. 
YOU MAY DOWNLOAD, INSTALL AND/OR USE THE SOFTWARE SUBJECT TO THOSE TERMS 
AND CONDITIONS AND TO ANY APPLICABLE LAW, BEING SOLELY LIABLE FOR ANY 
BREACH THEREOF. IF YOU DO NOT AGREE TO THIS LICENSE AGREEMENT, FLUENDO 
DOES NOT GRANT ANY LICENSE TO YOU FOR THE SOFTWARE AND YOU MAY NOT 
DOWNLOAD, INSTALL OR USE THE SOFTWARE.

BY DOWNLOADING THIS SOFTWARE YOU ALSO CERTIFY UNDER YOUR OWN 
RESPONSIBILITY THAT YOU ARE OF LEGAL AGE TO ENTER INTO BINDING 
AGREEMENTS, IN MOST COUNTRIES THIS MEANS THAT YOU ARE AGED 18 OR ABOVE.

THIS LICENSE AGREEMENT SHALL BE APPLICABLE TO THE SOFTWARE FLUENDO DVD 
SOFTWARE CONSIDERED AS A WHOLE AND, IN PARTICULAR BUT WITHOUT 
LIMITATION, TO ANY FILE INCLUDED THEREIN WHEN FORMING PART OF THIS 
VERSION, AND TO ANY UPDATE, ENHANCEMENT OR FIX INCORPORATED IN THE 
PROGRAM.
DEFINITIONS

   1. "Final product" means a software or hardware product in a final 
form of manufacturing intended for distribution to end users and in 
object code form and that can play back content, including downloaded or 
streamed content.
   2. "Fluendo" means Fluendo SA, whose address is at the end of this 
document, in person of its at-the-time legal representative.
   3. "You" means the individual who downloads the Software or, if the 
download is on behalf of a legal entity, means the legal entity on 
behalf of which the software is downloaded, in which case the downloader 
represents and warrants that he/she has the sufficient powers to act on 
behalf of the represented party.

GRANT OF LICENSE AND RESTRICTIONS

   1. Subject to the Licensee's acceptance and continued compliance with 
this License Agreement and with Fluendo's Software Terms of Service as 
provided to the Licensee from time to time, Fluendo hereby grants the 
Licensee a non-exclusive, non-transferable limited license to install, 
use or otherwise benefit from the functionality of the Software in the 
manner and for the purposes described in the Documentation, on a per end 
user basis, as agreed in Fluendo's Software Terms of Service.
   2. Except as expressly authorized by Fluendo in writing, it is 
forbidden to:
         1. use this software in other ways than allowed by this 
contract;
         2. tamper or interfere with the functionality, delivery or 
operation of the Software while using or installing it;
         3. sell, resell, rent, lease, distribute, transfer, assign, 
sublicense or otherwise deal with the Software, its components, the 
Documentation or any of the rights granted under this License Agreement;
         4. duplicate, reproduce or copy (except for reasonable backup 
purposes) the Software or the Documentation; or
         5. export or re-export the Software, directly or indirectly, 
into any country prohibited by law.
         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. unless the software is explicitly licensed for the use with 
such plaftorm(s), use this Final Product on non-PC devices like tablets, 
pda, portable players and other embedded devices.
   3. 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.
   4. 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.

OWNERSHIP

   5. Save for the right to use the Software and the Documentation 
expressly provided for in this License Agreement, the Licensee agrees 
and acknowledges that all title to and rights in the Software, its 
components, structure, databases, source code or design, and in the 
Documentation, including without limitation all copyright trademarks, 
trade secrets, patents, and all other intellectual or industrial 
property rights and other confidential or proprietary information 
contained therein remain the property of Fluendo or its licensors.

LIABILITY

   6. 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. DAMAGES, CLAIMS OR LIABILITIES ARISING OUT OF ANY OF THE 
FOLLOWING:
               1. 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;
               2. 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;
               3. ANY CHARGES WHICH THE LICENSEE MAY INCUR TO ANY 
TELECOMMUNICATIONS SERVICE OR NETWORK.
   7. 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.
   8. 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.

INDEMNITY

   9. BY DOWNLOADING, INSTALLING, USING OR UNINSTALLING THE SOFTWARE, 
THE LICENSEE HEREBY AGREES TO, AT ITS OWN EXPENSE, INDEMNIFY, DEFEND AND 
HOLD HARMLESS FLUENDO, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, ITS 
BUSINESS PARTNERS, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, 
EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, 
INJURIES, CAUSES OF ACTION, CLAIMS, DEMANDS AND EXPENSES, INCLUDING 
LEGAL FEES AND EXPENSES, OF WHATEVER KIND OR NATURE ARISING OUT OF, 
RELATING TO OR RESULTING FROM ANY CLAIM ARISING FROM OR RELATING TO (I) 
ANY BREACH BY THE LICENSEE OF THIS LICENSE AGREEMENT; OR (II) THE 
LICENSEE'S DOWNLOAD, INSTALLATION, USE OR UNINSTALLATION OF THE 
SOFTWARE.

TERMINATION

  10. 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.
  11. 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.
  12. 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.

GENERAL

  13. 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.
  14. 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.
  15. 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).
  16. 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.
  17. 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 FOSS-compliance@fluendo.com.
  18. 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.

FLUENDO, S.A.
C.I.F.: A64001217
World Trade Center Edificio Norte, 2 pl.
08039 Barcelona
LEGAL NOTICES
With respect to Windows Media Plug-Ins

This product includes technology developed and owned by Microsoft and 
protected by certain intellectual property rights of Microsoft. Use or 
distribution of such technology outside of the plug-ins is prohibited 
without a license of Microsoft. Microsoft is the sole owner of any 
trademark related with such technology (i.e. Windows Media, Microsoft, 
etc.).

Microsoft technology is subject to U.S. export jurisdiction. In 
complying with U.S. export regulations and its amendments distribution 
limitations to the plug-ins may be placed in Fluendo's website from time 
to time.
With respect to MP3

All user manuals, data sheets, application notes, associated 
documentation and the like relating to MP3 Plugin shall bear this 
language:

"MPEG Layer-3 audio decoding technology licensed from Fraunhofer IIS and 
Thomson"

This product cannot be installed in product other than Personal 
Computers sold for general purpose usage, and not for set-top boxes, 
embedded PC, PC which are sold and customized for mainly audio or 
multimedia playback and/or registration, unless the seller has received 
a license by Fraunhofer IIS and Thomson and pays the relevant royalties 
to them.
With respect to MPEG-2

"USE OF THIS PRODUCT IN ANY MANNER THAT COMPLIES WITH THE MPEG-2 
STANDARD IS EXPRESSLY PROHIBITED WITHOUT A LICENSE UNDER APPLICABLE 
PATENTS IN THE MPEG-2 PATENT PORTFOLIO, WHICH LICENSE IS AVAILABLE FROM 
MPEG LA, L.L.C., 250 STEELE STREET, SUITE 300, DENVER, COLORADO 80206."
With respect to AVC (h.264)

THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE 
PERSONAL AND NONCOMMERCIAL USE OF A CONSUMER 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 AND 
NON-COMMERCIAL 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
With respect to MPEG 4 Visual patent portfolio

THIS PRODUCT IS LICENSED UNDER THE MPEG-4 VISUAL PATENT PORTFOLIO 
LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER FOR (i) 
ENCODING VIDEO IN COMPLIANCE WITH THE MPEG-4 VISUAL STANDARD ("MPEG-4 
VIDEO") AND/OR (ii) DECODING MPEG-4 VIDEO THAT WAS ENCODED BY A CONSUMER 
ENGAGED IN A PERSONAL AND NONCOMMERCIAL ACTIVITY AND/OR WAS OBTAINED 
FROM A VIDEO PROVIDER LICENSED BY MPEG LA TO PROVIDE MPEG-4 VIDEO. NO 
LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL 
INFORMATION INCLUDING THAT RELATING TO PROMOTIONAL, INTERNAL AND 
COMMERCIAL USES AND LICENSING MAY BE OBTAINED FROM MPEG LA, LLC. SEE 
HTTP://WWW.MPEGLA.COM.
With respect to AC3 Audio Dolby Digital

"Dolby" and the double-D symbol are trademarks of Dolby Laboratories. 
Manufactured under license from Dolby Laboratories. Confidential 
unpublished works. Copyright 1992-1997 Dolby Laboratories. All rights 
reserved.

