IMPORTANT-READ CAREFULLY: This is an agreement between you (either an individual or a single entity) and Planet Enterprises Ltd. Please read this Agreement carefully before installing or using the software. By installing or using the software, any associated software, services, media, printed material, electronic documentation and related methods and techniques, you are accepting the terms of this Agreement. If you are not willing to be bound by the terms of this Agreement, you should not install the software and you may not access or otherwise use the software. By installing the software and by your continued use of the software you indicate your acknowledgement that you have read, understand and accept these terms and conditions. This Agreement represents the entire agreement concerning the software between you and Planet Enterprises Ltd, and it supersedes any prior proposal, representation or understanding between the parties.
PLANET eSTREAM v5 SOFTWARE LICENCE AGREEMENT
1 INTRODUCTION
- The copyright and other intellectual property rights in this software (“Software”) and its associated documentation are owned by Planet Enterprises Limited (“PEL”). Please read through the terms and conditions of this Licence Agreement which will govern your use of the Software. If you agree to be bound by them, click “YES” at which point the Software will be activated. If you do not click “YES” the Software will not be activated. If you do not accept the terms and conditions of this Licence Agreement then click “NO” to exit without activating the software.
1.2. The Software comprises a core package (“Core Package”) and a number of additional modules (“Modules”) each of which may be purchased in addition to the Core Package. The Core Package and the individual Modules are each supplied as an installation medium (“Installation Medium”). The Core Package comprises both server based components and encoder components.
2 LICENCE
2.1 You are permitted to:
(a) use the Core Package server based components on a single server on your network or a network under your control;
(b) use the Core Package encoder components on a single computer on your network or a network under your control provided that there is only one concurrent use;
(c) use a particular Module on a single computer or on a network provided that where more than one user is using the Module concurrently on a network the number of users is not greater than the number of copies of that Module purchased from PEL;
(d) make up to three copies of the or each Installation Medium for re-installation purposes but only to support your use of this Software as permitted pursuant to this Licence Agreement. You must ensure that each such copy bears PELs copyright notice. Such copies and the media upon which they are stored shall be the property of PEL and the terms and conditions of this Licence Agreement shall apply to all such copies as it does to the Software.
2.2 Other than as expressly permitted by this Licence Agreement or in the circumstances permitted by law, you are not permitted to rent, redistribute, lease, sub-licence, loan, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Software or any part thereof in any way. You agree that you will not attempt to circumvent any security mechanisms which are built into the Software.
2.3 The licence granted to you to use the Software is non-exclusive, non-transferrable and non-assignable and operates without limit of time. PEL shall remain free to grant licences to use the Software to any other persons on such terms as it sees fit.
3YOUR OBLIGATIONS
3.1 You are solely responsible for ensuring that any content recorded, processed or broadcast using the Software complies with all applicable laws and legislation and that such recording, processing or broadcast does not infringe the rights of any third parties. You are also responsible for ensuring that you have all the necessary third party consents required to allow you to record, process or broadcast material using the Software. In addition, it is your sole responsibility to ensure that any content recorded, processed or broadcast using the Software us suitable for viewing by the audience to which it is available.
3.2 You are solely responsible for the maintenance and security of any passwords built into the Software which enables access to certain materials to be restricted. You are also solely responsible for taking necessary steps to restrict access to material stored by you using the Software from unauthorised users.
4 TERM
4.1 This Licence Agreement shall remain in force unless and until you terminate it by destroying the Software and its associated documentation together with all copies you have made of it (whether permitted pursuant to this Licence Agreement or otherwise). This Licence Agreement shall terminate automatically in the event that you breach any of its terms or where you are a company or other corporate or non-corporate body a winding up or other discontinuation decision or order is made. Upon termination of this Licence Agreement, you agree to destroy all copies of the Software and its associated documentation (including by erasing it from the hard drive of any computer upon which it is installed). Once you have erased the Software from any media upon which it was stored, the ownership in such media shall revert to you.
5 OWNERSHIP
5.1 You recognise that all intellectual property rights in the Software and its associated documentation supplied hereunder belong to PEL and are supplied for use by you for the duration of this licence. You shall not acquire ownership or co-ownership of the copyright and other intellectual property rights in the Software and associated documentation.You own only the disk or other medium upon which the Software is provided and may retain such disk or other medium following termination of this Licence Agreement provided that you have erased the Software from it. This Licence Agreement relates only to the grant of the licence to you to use the Software and is not a contract of sale for the disk or other medium upon which the Software is provided or for the sale of any equipment provided to you by Planet Enterprises Limited upon which the Software is installed.
6 CONFIDENTIALITY
6.1 You agree to keep confidential all details of the Software and its associated documentation including the function, purpose and/or operation of the Software.
6.2 The obligations of confidentiality herein contained shall continue after expiration of this licence unless and until released by PEL.
7 WARRANTIES
7.1 PEL warrants that:
(a) any disk or other medium upon which the Software is provided to you will be free from defects in materials and workmanship under normal use for a period of 365 days from the date of the original purchase or such other period as may be agreed with PEL in writing (“Warranty Period”). If a defect or error in the disk occurs during the Warranty Period you may return it to PEL together with proof of purchase and, as far as you are able, a documented example of such error or defect. PEL will then provide you with a replacement copy and the terms of this warranty shall continue to apply to such copy for the remainder of the Warranty Period;
(b) he Software will perform substantially in accordance with its associated documentation (provided that the Software is properly used on the computer onto which it is installed using the operating system for which it was designed) and that the associated documentation correctly describes the operation of the Software in all material respects. In the event that any significant errors occur in the Software during the Warranty Period and you inform PEL of this, PEL shall correct any such demonstrable errors in the Software or its associated documentation within a reasonable time period or (at the option of PEL) provide you with a refund. In the event that PEL elects to provide you with a refund, then this Licence Agreement shall be deemed terminated and the provisions of Clause 4 shall apply.
The remedies set out in this Clause represent your sole remedies for any breach of the warranties given to you by PEL pursuant to this Licence Agreement. The remedies shall only be enforceable by the original purchaser of the Software.
7.2 The warranties set out in this Licence Agreement shall become void in the event that during the Warranty Period you:
(a) install onto the computer or network onto which the Software is installed any other Software (other than software supplied with such computer if you purchased it from PEL) which conflicts with or in any way alters the operation of the Software; and/or
(b) modify the settings of the computer or network onto which the Software is installed in a manner which conflicts with or in any way alters the operation of the Software.
7.3 Should you wish to extend the Warranty Period, you should contact PEL prior to its expiry who will be pleased to advise you as to the price payable for this and any other terms and conditions which may be applicable at that time.
7.4 The express terms of this Licence Agreement are in lieu of all warranties, conditions, undertakings, terms and obligations implied by statute, common law, trade usage, course of dealing or otherwise all of which are hereby excluded to the fullest extent permitted by law.
7.5 PEL does not warrant that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error free or that defects or errors in the Software will be corrected. You activate and use the Software at your own risk and in no event will PEL be liable to you for any indirect or special loss or damage of any kind (except personal injury or death resulting from the negligence of PEL or for fraudulent misrepresentations made by PEL in each case for which the liability of PEL will be unlimited) including, but not limited to, loss of profit, damage to reputation, damage to goodwill, corruption to, loss of or loss of availability of any data stored or processed by the Software or for consequential loss arising from your use or inability to use the Software or from errors or deficiencies in it whether caused by the negligence of PEL or otherwise. PEL shall also not be liable to you for any failure of the Software to provide any of the functions specified in its associated documentation. In respect of claims for which the liability of PEL is not excluded pursuant to this Licence Agreement, the liability of PEL is not excluded pursuant to this Licence Agreement, the liability of PEL shall in no event exceed the amount paid by you for the Software.
8 NEW RELEASES
8.1 During the Warranty Period, PEL will provide you with new releases of the Software (if any) free of charge as and when they become available. Your use of such new releases shall be subject to this Licence Agreement and the warranties provided by PEL in this Licence Agreement shall apply to such new releases for the remainder of the Warranty Period.
9 SOFTWARE LICENCE KEYS
9.1 In order to use the Software you will require a “software licence key” for the Core Package and each of the Modules. These software licence keys will be automatically generated at the time of installation. In the event that you lose a software licence key PEL will be pleased to supply you with a replacement. 10
10 WAIVER OF REMEDIES
10.1 No forbearance, delay, failure or indulgence by either you or PEL in enforcing any term of this Licence Agreement shall prejudice or restrict the rights of the relevant party nor shall any waiver of a partys rights operate as a waiver of any subsequent breach.
11 THIRD PARTIES
11.1 You and PEL each confirm that it is their intent that this Licence Agreement is not intended to confer any rights upon any third party and that accordingly, the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Licence Agreement.
12 ENTIRE AGREEMENT
12.1 This Licence Agreement and the documents referred to in it represent the entire understanding between you and PEL relating to your use of the Software and supersedes all previous proposals, representations, understandings and prior agreements (whether oral or written) and other communications.
13 SEVERABILITY
13.1 In the event that any provision of this Licence Agreement is found by any court of competent jurisdiction to be invalid, void or illegal then this shall not affect the remaining terms and conditions which shall remain in full force and effect.
14 LAW
14.1 This Licence Agreement shall be governed by and construed in accordance with the laws of England and Wales and any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.