End User License Agreement for MpegTV Software BEFORE YOU USED THE SOFTWARE DISTRIBUTED WITH THIS LICENSE AGREEMENT, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY USING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE AND DESTROY ALL COPIES OF THE SOFTWARE FROM YOUR COMPUTER. 1. Tristan Savatier grants to you a non-exclusive, non-sublicensable, license to use the accompanying MpegTV player (the "Software"), in binary executable form for evaluation and trial use purposes only. 2. The Software is licensed, not sold. The Software is protected by copyright law and international copyright treaty provisions, as well as other intellectual property laws and treaties. You must not allow copies of the Software or any part of it to be made or distributed to anyone else. You may make backup copies of the software for archival purposes only. 3. The Software is licensed for use on a single computer. You may delete the Software from one computer and reinstall it on another, but you may not install the Software on more than one computer at any given time without Tristan Savatier's prior written permission. 4. The Software may not be rented, leased, or in any other manner commercially exploited without Tristan Savatier's prior written permission. However, you may transfer this license to use the Software to another party on a permanent basis by transferring all parts of the Software to such party. Such transfer of possession terminates your license from Tristan Savatier. Such other party shall be licensed under the terms of this Agreement upon its acceptance of this Agreement by its initial use of the Software. If you transfer the Software, you must remove all parts of it, along with any installation devices, from your computer, and you may not retain any parts or copies for your own use. 5. TRISTAN SAVATIER MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THIS SOFTWARE OR ABOUT ANY CONTENT OR INFORMATION PLAYED BY THE SOFTWARE, FOR ANY PURPOSE. THE SOFTWARE IS PROVIDED 'AS IS' WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THIS SOFTWARE IS PROVIDED GRATUITOUSLY AND, ACCORDINGLY, TRISTAN SAVATIER SHALL NOT BE LIABLE UNDER ANY THEORY OR ANY DAMAGES SUFFERED BY YOU OR ANY USER OF THE SOFTWARE. TRISTAN SAVATIER WILL NOT SUPPORT THIS SOFTWARE AND WILL NOT ISSUE UPDATES TO THIS SOFTWARE. 6. All video, audio, and other content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright law. This License gives you no rights to such content. 7. While Tristan Savatier intends to distribute a commercial release of the Software, Tristan Savatier reserves the right at any time not to release a commercial release of the Software or, if released, to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the commercial release. 8. Title, ownership rights, and intellectual property rights in and to the Software shall remain in Tristan Savatier and/or its suppliers. You agree to abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws. You acknowledge that the Software in source code form remains a confidential trade secret of Tristan Savatier and/or its suppliers and therefore you agree not to modify the Software or attempt to decipher, decompile, disassemble or reverse engineer the Software, except to the extent applicable laws specifically prohibit such restriction. Reproduction and/or redistribution of any portion of the Software is specifically prohibited without Tristan Savatier's prior written permission. 9. Tristan Savatier may terminate this License at any time by delivering notice to you and you may terminate this License at any time by destroying or erasing your copy of the Software. Upon termination of this License, or in any event within thirty (30) days following Tristan Savatier's release of a commercial version of the Software, you agree to destroy or erase the Software. However, Sections 5 through 10 of this Agreement shall indefinitely survive its termination. This License is personal to you and you agree not to assign your rights herein. This License shall be governed by and construed in accordance with the laws of the State of California and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. This License sets forth the entire agreement between you and Tristan Savatier. 10. TRISTAN SAVATIER OR ITS SUPPLIERS SHALL NOT BE LIABLE FOR (a) INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES OF ANY SORT, WHATSOEVER, WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE, (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS, REVENUES, OR INFORMATION, OR FOR BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OF THE SOFTWARE OR YOUR INABILITY TO USE THE SOFTWARE, EVEN IF TRISTAN SAVATIER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR (b) FOR ANY CLAIM BY ANY OTHER PARTY THAN YOU. IN NO EVENT SHALL TRISTAN SAVATIER'S LIABILITY TO YOU EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR THE PRODUCT. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. 11. HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Tristan Savatier and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. 12. Tristan Savatier does not represent or warrant that the Software is free of infringement of any third-party patents. Commercial implementations of MPEG-1 and MPEG-2 decoders are subject to royalty fees to patent holders. Many of these patents are general enough such that they are unavoidable regardless of implementation design, and some may apply to software implementations. Copyright (c) 1996 Tristan Savatier. All rights reserved.