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IMPORTANT: PLEASE READ THIS EDGESTREAM SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE USING THE
FREE EDGESTREAM CLIENT
SOFTWARE. BY USING THE EDGESTREAM SOFTWARE AND SERVICES, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS
STATED BELOW. IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE, PROMPTLY CEASE USING THE SERVICE AND UNINSTALL THE SOFTWARE.
a.
License. EdgeStream Incorporated ("EDGESTREAM") grants a nonexclusive and
nontransferable license to use the EdgeStream Streaming Client Software in accordance with this License
Agreement. This License is not a sale. EDGESTREAM retains title to the Software, Service, and related
documentation, if any. This License allows use of the Edgestream Streaming Client Software only by one (1)
User. "User" means individual Licensee.
b. Disclaimer of Warranty. Licensee expressly acknowledges and agrees that the use of EdgeStream software is at
Licensee's sole risk. The software and technical support are provided "AS IS" and without warranty of
any kind. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, EDGESTREAM EXPRESSLY DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. EDGESTREAM DOES NOT WARRANT THAT THE INFORMATION
CONTAINED IN THE DOCUMENTATION WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION AND/OR DELIVERY OF
THE VIDEO STREAM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE STREAMING WILL BE CORRECTED.
FURTHERMORE, EDGESTREAM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE
USE OF THE SOFTWARE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EDGESTREAM OR ITS AUTHORIZED REPRESENTATIVE
SHALL CREATE A WARRANTY OR IN ANY WAY INCREASES THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY.
c. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES,
INCLUDING NEGLIGENCE, SHALL EDGESTREAM, ITS AFFILIATES OR THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE
LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE
EDGESTREAM SOFTWARE, EVEN IF EDGESTREAM OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. In no event shall
EDGESTREAM's total liability to Licensee for all damages, losses, and causes of action (whether in
contract, tort, including negligence, or otherwise)exceed the amount paid by Licensee for the SOFTWARE
(EdgeStream Streaming Client Software) and any documentation.
d. The Information. Certain data accessible through use of our Software and Internet site
("Information") is the intellectual property of the relevant information provider or third parties
that provide such data to the relevant service provider, or us. The data is protected by copyright and other
intellectual laws and all ownership rights remain with the information service provider, the third party or us,
as the case may be. EdgeStream makes no warranty or representation whatsoever with respect to the
Information available through the Software, and you acknowledge that, among other things, there is an
inherent risk that some Information available on through our Software may be inaccurate, incomplete, untimely,
offensive or inappropriate under applicable law and you agree to assume all such risks.
e. Restrictions. The Software and the Information is the property of EdgeStream and/or its product licensees and
information providers and is protected by U.S. and international copyright and intellectual property laws
and treaty provisions. All rights to patents, copyrights, trademarks and trade secrets in the
Software, any modifications to it or the Information shall be and remain in EdgeStream and/or its product
licensees and information providers. You may not modify, alter, translate, reverse engineer, decompile, disassemble
or create derivative works based on the Software, or remove any proprietary notices or labels that it
contains. You are permitted, however, to install the Software on more than one computer, to share the
unaltered installation software with others (without charge to them) and to make a complete copy of the
installed Software for backup purposes. You may not copy, distribute or redistribute the Information,
including by caching, framing or similar means or sell, resell, re-transmit or otherwise make the Information
available in any manner to any third party.
f. No Waiver or Assignment. No delay or failure to take action under this License will constitute a waiver
unless expressly waived in writing, signed by a duly authorized representative of EDGESTREAM, and no single
waiver will constitute a continuing or subsequent waiver. This License may not be assigned, sublicensed or
otherwise transferred by Licensee, by operation of law or otherwise, without EDGESTREAM's prior written
consent, provided that Licensee may assign this License upon written notice to EDGESTREAM in instances in which
such assignment is to an entity which acquires all or substantially all of the business of Licensee, whether
by merger, consolidation, or acquisition of assets.
g. Controlling Law and Severability. This License shall be governed by and construed in accordance with the laws
of the United States and the State of California. If for any reason a court of competent jurisdiction finds any
provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be
enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of
this License shall continue in full force and effect.
h. Entire Agreement. This License constitutes the entire agreement between the parties with respect to the use of
the EDGESTREAM's Software and its documentation, and supersedes all prior or contemporaneous understandings
or agreements, written or oral, regarding such subject matter. Any additional or different terms or conditions
proposed by Licensee or contained in any purchase order are hereby rejected and shall be of no force and effect
unless expressly agreed to in writing by EDGESTREAM. No amendment to or modification of this License will be
binding unless in writing and signed by a duly authorized representative of
EDGESTREAM.
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