End User License Agreement.
THIS END USER LICENSE AGREEMENT (THE “AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU AND MEDIAMALL TECHNOLOGIES, INC. (“MEDIAMALL”) AND GOVERNS YOUR USE OF MEDIAMALL’S SOFTWARE PRODUCTS ENTITLED PLAYON AND PLAYLATER (THE “SOFTWARE”). CAREFULLY READ THE TERMS AND CONDITIONS OF THIS DOCUMENT. THE SOFTWARE CANNOT BE INSTALLED AND ENABLED FOR USE WITHOUT YOUR ASSENT TO THE TERMS OF THIS AGREEMENT.
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1. LIMITED LICENSE
During the term of this Agreement and subject to your compliance with the terms and conditions hereof, MediaMall hereby grants you a non-exclusive, limited license to use one copy of the Software on a single computer at a time, solely for your non-commercial, personal use as part of your home entertainment system. You may either (i) copy the Software to a single hard disk or (ii) make one copy of the Software solely for backup or archival purposes. MediaMall and its licensors reserve all rights not expressly granted to you herein.
The Software is protected by United States and foreign copyright laws and other intellectual property laws and treaties. Except for the limited license granted to you in Section 1, MediaMall and its licensors retain all rights, title and interests in and to the Software, including without limitation all patents, trademarks, copyrights, trade secrets and other intellectual property rights contained therein or related thereto (collectively, the “Software Intellectual Property”). You shall not acquire any rights, title or interests in or to the Software or the Software Intellectual Property other than the limited license granted to you in Section 1.
3. ADDITIONAL RESTRICTIONS
You are responsible for obtaining all necessary licenses, rights and permissions necessary to view any media or other content, or use any other software that you desire to access through the Software. You agree that you shall not use the Software to view any media or other content, or access any other software for which you do not have all such necessary license, rights and permissions or to otherwise violate the intellectual property rights of any third party. You agree to indemnify MediaMall and its licensors and its and their respective directors, officers, employees and agents against all costs, damages, judgments, penalties, losses, liabilities, expenses (including reasonable attorneys’ fees) incurred by any of them and arising out of your breach of your obligations under this paragraph.
Except to the extent expressly required by law, you may not reverse engineer, decompile or disassemble the Software or any component thereof (excluding components distributed under the LGPL license listed below). You may not modify the Software or create derivative works thereof. You may not intentionally cause disruption of the Software’s ability to access any of the Content Services (defined below), including without limitation by modifying the operation of any of the Content Services so as to render them inaccessible using the Software. You may not distribute, lend, rent, lease, share or transfer the Software, provided that you may transfer your license under this Agreement permanently so long as (i) you transfer the Software and your rights and obligations with respect to the Software under this Agreement to the intended transferee, (ii) you retain no copies of the Software and (iii) the transferee agrees to be bound by the terms and conditions of this Agreement; provided, however, that no such transfer shall release you from any obligations under this Agreement which accrued prior to such transfer of this Agreement to such transferee. You shall not sublicense, assign, or transfer the license or the Software except as expressly provided in this Agreement. Any attempt otherwise to sublicense, assign, or transfer any of the rights, duties, or obligations hereunder is void and of no effect.
This Agreement, and the license granted to you in Section 1, shall be effective until terminated as set forth in this Section 4. You may terminate your license and this Agreement at any time by destroying the Software and all copies thereof in your possession or control. The Agreement will terminate automatically without notice if you fail to comply with any term or condition of this Agreement. Upon any termination of this Agreement, your license to use the Software shall immediately terminate, and you agree to destroy all copies of the Software in your possession or control upon any such termination. Further, MediaMall reserves the right to modify, suspend, or discontinue the Service, or any part thereof, at any time and without notice to you, and MediaMall will not be liable to you should it exercise such rights, even if your use of PlayOn or PlayLater Content is impacted by the change.
5. LIMITED WARRANTY
A. LIMITED WARRANTY: MediaMall warrants that the Software will perform substantially to your satisfaction for a period of thirty (30) days from the date of your receipt of the Software. If an implied warranty or condition is created by your state or jurisdiction and federal or state law prohibits disclaimer of such warranty or condition, you also have an implied warranty or condition, but only with respect to defects discovered during the period of this limited warranty (thirty (30) days). There is no warranty or condition of any kind with respect to any defects discovered after the thirty-day limited warranty period. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition shall last, so the above limitation may not apply to you. There is no warranty or condition that any individual Content Service (including, but not limited to Hulu, Netflix, YouTube, CBS.com, ESPN.com, CNN.com, collectively known as “Content Services”) will function as part of the Software at any time, including during the period of this limited warranty.
B. EXCLUSIVE REMEDY: Your exclusive remedy for any breach of the limited warranty set forth above or any other liability relating to the Software, and MediaMall’s and its licensors’ entire liability with respect to the Software shall be, at MediaMall’s election, (i) repair or replacement of the Software so that it conforms to the limited warranty, or (ii) return of the amount actually paid by you for the Software.
C. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 5A, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW MEDIAMALL DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MEDIAMALL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. You assume all responsibility for the selection of the Software and for the installation, use, and results obtained from the Software. There are no warranties of performance other than as expressly set forth herein, and no model or demonstration of the Software shall create any warranty or implied promise or consideration of or for performance.
6. LIMITATION OF LIABILITY
A. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM YOUR USE OF THE SOFTWARE. IN NO EVENT WILL MEDIAMALL OR ITS LICENSORS BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOST SAVINGS, OR OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF MEDIAMALL AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES WERE FORESEEABLE. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
B. IN NO EVENT SHALL MEDIAMALL’S AND ITS LICENSORS’ TOTAL LIABILITY TO YOU IN ANY ONE OR MORE CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR US $20. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS SECTION 6 AND IN SECTION 5 SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
7. JURISDICTION AND DISPUTES
This Agreement is governed by the laws of the State of New York, without regard to its conflicts of law provisions. All disputes hereunder shall be resolved in the state or federal courts of the State of New York. You consent to the exclusive jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.
This Agreement constitutes the entire agreement between you and MediaMall, and revokes and supersedes all prior advertising, communications, and agreements, oral or written, relating to the Software. The Agreement shall not be modified or amended except in a written amendment signed by an authorized representative of MediaMall and specifically referring to this Agreement. If any provision of this Agreement is held void, invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect. No provision of this Agreement shall be deemed waived unless such waiver is contained in a written addendum to this Agreement signed by an authorized representative of MediaMall.
9. WINDOWS MEDIA PLAYER TECHNOLOGY
The software is developed, in part, using Windows Media Player and Windows Media Format SDK Technology. Users should read and be familiar with the Windows Media Player 9 Series privacy statement found at http://www.microsoft.com/windows/windowsmedia/player/10/privacy.aspx .
10. SOFTWARE UPGRADES
MediaMall may make available software upgrades from time to time to maintain service uptime and provide product enhancements. For some updates, you may elect to accept or decline the upgrade. Some updates will occur automatically and no option to accept or decline them will be provided.
11. CONSENT TO USE OF DATA
You agree that MediaMall may collect and use technical and related information about your computer, including but not limited to system and application software and peripherals that you use to access the software. This information is gathered to facilitate the provision of software updates, product support, and other services to you (if any) related to the software. MediaMall may use this information to improve our products or to provide services or technologies to you.
12. CONTACT INFORMATION
Any communications to MediaMall relating to the Software or this Agreement should be sent via email to the following address: email@example.com
From COPYING of LUA and LuaInterface libraries:
Lua and LuaInterface are licensed under the terms of the MIT license reproduced below.
This means that Lua and LuaInterface are free software and can be used for both academic
and commercial purposes at absolutely no cost.
For details and rationale, see http://www.lua.org/license.html .
Lua License: Copyright (C) 1994-2007 Lua.org, PUC-Rio.
LuaInterface License: Copyright (C) 2003-2005 Fabio Mascarenhas de Queiroz.
Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in
all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN
From COPYING of FFmpeg and MediaInfo libraries:
GNU LESSER GENERAL PUBLIC LICENSE
Version 2.1, February 1999
Copyright (C) 1991, 1999 Free Software Foundation, Inc.
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
[This is the first released version of the Lesser GPL. It also counts
as the successor of the GNU Library Public License, version 2, hence
the version number 2.1.]
The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public Licenses are intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users.
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When we speak of free software, we are referring to freedom of use, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish); that you receive source code or can get it if you want it; that you can change the software and use pieces of it in new free programs; and that you are informed that you can do these things.
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We protect your rights with a two-step method: (1) we copyright the library, and (2) we offer you this license, which gives you legal permission to copy, distribute and/or modify the library.
To protect each distributor, we want to make it very clear that there is no warranty for the free library. Also, if the library is modified by someone else and passed on, the recipients should know that what they have is not the original version, so that the original author's reputation will not be affected by problems that might be introduced by others.
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Most GNU software, including some libraries, is covered by the ordinary GNU General Public License. This license, the GNU Lesser General Public License, applies to certain designated libraries, and is quite different from the ordinary General Public License. We use this license for certain libraries in order to permit linking those libraries into non-free programs.
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Source packages can be downloaded from: http://www.playon.tv/downloads/gplsource/