TELESTREAM SOFTWARE LICENSE AGREEMENT
THE PROGRAM, OR PROGRAMS, ENCODED OR INCORPORATED WITHIN EQUIPMENT OR ACCOMPANYING
THIS AGREEMENT, IS FURNISHED SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
RETENTION OF THE PROGRAM FOR MORE THAN THIRTY DAYS OR USE OF THE PROGRAM IN ANY
MANNER WILL BE CONSIDERED ACCEPTANCE OF THE AGREEMENT TERMS. IF THESE TERMS ARE NOT
ACCEPTABLE, THE UNUSED PROGRAM AND ANY ACCOMPANYING DOCUMENTATION SHOULD BE
RETURNED PROMPTLY TO TELESTREAM FOR A FULL REFUND OF THE
LICENSE FEE PAID. (FOR INFORMATION REGARDING THE RETURN OF PROGRAMS ENCODED OR
INCORPORATED WITHIN EQUIPMENT, CONTACT THE NEAREST TELESTREAM SALES OFFICE.)
DEFINITIONS
"Telestream" means Telestream, LLC, a Delaware limited liability company, and its Affiliates , or the local Telestream
legal entity that is supplying the equipment. "Program" means the Telestream software product (executable program
and/or data) enclosed with this Agreement or included within the equipment with which this Agreement is packed.
"Customer" means the person or organization in whose name the Program was ordered.
LICENSE
Customer may:
1. Use the Program on a single machine at any one time; and
2. Copy the Program for archival or backup purposes, provided that no more than one (1) such copy is permitted to exist
at any one time. Each copy of the Program made by Customer must include a reproduction of any copyright notice
or restrictive rights legend appearing in or on the copy of the Program as received from Telestream.
Customer may not:
1. Use the Program on more than one machine at any one time;
2. Transfer the Program to any person or organization outside of Customer or the corporation of which Customer is a
part without the prior written consent of Telestream, except in connection with the transfer of the equipment
within which the programs are encoded or incorporated;
3. Export or re-export, directly or indirectly, the program, any associated documentation, or the direct product thereof, to
any country to which such export or re-export is restricted by law or regulation of the United States or any foreign
government having jurisdiction without the prior authorization, if required, of the Office of Export Administration,
Department of Commerce, Washington, D.C. and the corresponding agency of such foreign government;
4. Modify the Program, create derivative works, or merge the Program with another program;
5. Reverse compile or disassemble the Program for any purpose, beyond the extent that such activity is expressly
permitted by applicable open source licenses or applicable law notwithstanding this limitation; or
6. Copy the documentation accompanying the Program.
For Programs designed to reside on a single-machine and support one or more additional machines, either locally or
remotely, without permitting the Program to be transferred to an additional machine for local execution, the additional
machines shall be considered within the definition of "single machine." For programs permitting the Program to be
transferred to an additional machine for local execution, a separate license shall be required for each such machine with
which the Program may be used. Title to the Program and all copies thereof, but not the media on which the Program or
copies may reside, shall be and remain with Telestream or others for whom Telestream has obtained a respective
licensing right. Customer shall pay when due all property taxes that may now or hereafter be imposed, levied or assessed
with respect to the possession or use of the Program or this license and shall file all reports required in connection with
such taxes. If the Program or any related documentation is acquired by or for an agency of the U.S. Government, the
Program and documentation
shall be considered “commercial computer software” or “commercial computer software documentation” respectively,
as those terms are used in 48 CFR §12.212, 48 CFR §227.7202, or 48 CFR §252.227-7014, and are licensed with only
those rights as are granted to all other licensees as set forth in this Agreement.
