PCTV Systems End User License Agreement

This End User License Agreement ("License") is a legal agreement between you and PCTV Systems ("PCTV Systems") regarding PCTV Systems’ software and the accompanying documentation  (collectively, the “Software”).  CAREFULLY READ THE FOLLOWING LICENSE. USING THIS SOFTWARE INDICATES YOUR ACCEPTANCE OF THIS LICENSE.  IF YOU DO NOT ACCEPT OR UNDERSTAND THE TERMS OF THIS LICENSE, YOU SHOULD NOT INSTALL THE SOFTWARE AND PROMPTLY RETURN THIS PRODUCT TO YOUR VALUE-ADDED RESELLER.

1.  License Grant.  Subject to the restrictions set forth below, this License grants you a non-exclusive, perpetual license to (a) install the Software on only one computer; (b) use or authorize use of the Software on only one computer; (c) make one copy of the Software, in machine-readable form, solely for backup purposes; provided you include all copyright and other proprietary rights notices on the copy and (d) transfer the Software and this License to another party if the other party agrees to accept the terms and conditions of this License.  If you transfer the Software, you must at the same time either transfer all copies to the same party or destroy any copies not transferred. If you transfer possession of any copy of the Software to another party, your License is automatically terminated. 

2.  License Restrictions.  You may not, or allow any third party to, (a) rent, lease, sell, loan or otherwise transfer the Software or any of your rights and obligations under this License; (b) install the Software on a network for use by multiple users, unless each user has purchased a license; (c) reverse-engineer, decompile or disassemble the Software or hardware in whole or in part; (d) remove or destroy any copyright notices or other proprietary markings of the Software or any third-party software; (e) modify or adapt the Software, merge the Software into another program or create derivative works based on the Software; (f) make copies of or distribute, for profit or otherwise, the Software, except as expressly provided above; (g) make any alteration, modification, connection, disconnection, improvement or adjustment of any kind to or use the Software except as explicitly contemplated in the enclosed documentation and in this License; (h) use this product to distribute video content, which is protected by copy protection technology, via the Intranet or any wide area network (WAN) and (i) sublicense, transfer or assign this License or any of the rights and obligations granted under this License, except as explicitly contemplated in this License. Any purported transfer or assignment will be void.  

3.  Ownership.  The license granted hereunder does not constitute a transfer or sale of ownership rights in or to the Software.  Except for the license rights granted above, PCTV Systems retains all right title and interest in and to the Software including all intellectual property rights therein.  The Software is protected by applicable intellectual property laws, including United States copyright laws and international treaties.  

4.  Third Party Proprietary Property.  This Software may contain the proprietary property of others, which has been licensed to PCTV Systems; your use of the Software is expressly conditioned on your agreement not to remove any copyright notices or other proprietary markings of the third party software.  

5.  Security.  You acknowledge and agree that in order to protect the integrity of certain third party content, PCTV Systems and/or its licensors may provide for Software security related updates that will be automatically downloaded and installed on your computer.  Such security related updates may impair the Software (and any other software on your computer which specifically depends on the Software) including disabling your ability to copy and/or play "secure" content, i.e. content protected by digital rights management.  In such an event, PCTV Systems and/or its licensors shall use reasonable efforts to promptly post notices on PCTV Systems’ web site explaining the security update and providing instructions to end-users for obtaining new versions or further updates of the Software that restore access to secure content and related features.

6.  Term and Termination.  This License shall be effective upon installation of the Software and shall terminate upon the earlier of (a) your failure to comply with any term of this License; (b) return, destruction or deletion of all copies of the Software in your possession or (c) transfer of the Software and this License to another party in accordance with Section 1(d).  PCTV Systems’ rights and your obligations shall survive termination of this License.  

7.  Limited Warranty.  PCTV Systems warrants to the original licensee that the Software, as delivered, will perform in accordance with the accompanying documentation for a period of 30 days from the date of the original purchase (“Limited Warranty”).  PCTV Systems’ entire liability and your exclusive remedy for breach of the preceding Limited Warranty shall be, at PCTV Systems’ sole option, repair or replacement of the Software that does not meet the warranty set forth herein and that is returned to PCTV Systems.  This limited warranty shall be void if failure of the Software has resulted from any accident, abuse, misuse or misapplication by you.  Any replacement Software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer.  

8.  NO OTHER WARRANTIES.  EXCEPT AS SET FORTH ABOVE, THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS.  YOU ASSUME ALL RESPONSIBILITIES FOR THE QUALITY AND PERFORMANCE OF THE SOFTWARE.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PCTV SYSTEMS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.  LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR ERROR FREE.  

9.  LIMITATION OF LIABILITY.  YOU AGREE THAT IN NO EVENT WILL PCTV SYSTEMS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF PCTV SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL PCTV SYSTEMS’ LIABILITY EXCEED THE TOTAL AMOUNT OF THE FEES PAID FOR THE SOFTWARE. Some states/jurisdictions do not allow the limitation or exclusion of incidental or consequential damages in certain circumstances, so the above limitations may not apply in some circumstances.  

10.  General.  This License is governed by the laws of the Federal Republic of Germany. This License is the entire agreement between you and PCTV Systems and supersedes any other communication with respect to the Software.  No modification of or amendment to this License will be effective unless in writing signed by both parties.  If any provision of this License is held invalid or unenforceable, the remainder of this License will continue in full force and effect.