Datastead Software License Agreement - February 1, 2011

BY INSTALLING, COPYING OR OTHERWISE USING THIS SOFTWARE AND ANY RELATED PRINTED MATERIALS ("SOFTWARE"), YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS AGREEMENT.
IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.

Copyright

All Datastead components and applications are copyrighted by Michel FORNENGO (hereafter "author"), and shall remain the exclusive property of the author.
(the TVideoGrabber SDK includes code from Geraint Davies http://www.gdcl.co.uk)

General license agreement

This software and any accompanying documentation are protected by International Copyright laws and Treaty provisions.

Any use of this software in violation of copyright law or the terms of this agreement will be prosecuted to the best of the author's ability.

You are hereby authorized to make archival copies of this software for the sole purpose of back-up and protecting your investment from loss.

Under no circumstances may you copy this software or documentation for the purposes of distribution to others. Under no conditions may you remove the copyright notices made part of the software or documentation.

By installing this software you agree with:

The origin of this software must not be misrepresented, you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated, but is not required.

Evaluation versions

The evaluations versions of the Datastead components have limited features, stop randomly and/or display nag-screens.

The evaluation versions may be used ONLY for evaluation purpose.

Licensed versions

Our license is a "per developer", royalty-free license (no "runtime" or "end-user" licenses).
By purchasing the developer license you are granted the royalty-free right to distribute your end-user application as an executable binary to an unlimited number of end-users.

If you are developing as contractor for another company, the license must be purchased in the name of this company.

Under no circumstances may you copy this software or documentation for the purposes of distribution to others, unless stated in the "Distribution Rights of the licensed versions" section below.

Under no conditions may you remove the copyright notices made part of the software or documentation.

Codec patents

The TVideoGrabber 8.5 SDK is only a wrapper to third-party filters that does not include any MPEG encoder or decoder, neither any codec license.

The Datastead's TVideoGrabber 8.5 SDK may implement technology owned by VIA Licensing Corporation ("VIA Licensing"), and/or that falls under the category of an "MPEG Intermediate Product" as defined in the MPEG LA, L.L.C Patent Portfolio License ("MPEG-LA"). The demos, examples and sample code that come with this agreement are for evaluation purposes only. The TVideoGrabber 8.5 SDK does not include any licensing from VIA Licensing Corporation and/or MPEG-LA L.L.C. This Agreement does not convey, transfer or imply any license or right to you to make use of VIA Licensing's technology and/or MPEG-LA technology through the use of Datastead's TVideoGrabber 8.5 SDK. You acknowledge and declare that (i) THE USE OF Datastead's TVideoGrabber 8.5 SDK IN ANY MANNER THAT COMPLIES WITH THE MPEG-2, MPEG-4, H.264 (AKA "AVC" or "MPEG-4 part 10") STANDARD IS EXPRESSLY PROHIBITED WITHOUT RECEIVING AN APPROPRIATE LICENSE UNDER APPLICABLE PATENTS IN THE MPEG LA PATENT PORTFOLIO, WHICH IS AVAILABLE FROM MPEG LA, L.L.C., 250 STEELE STREET, SUITE 300, DENVER, COLORADO 80206 (ii) THE USE OF Datastead's TVideoGrabber 8.5 SDK IN ANY MANNER THAT COMPLIES WITH THE H.264 (AKA "AVC" or "MPEG-4 part 10") STANDARD IS EXPRESSLY PROHIBITED WITHOUT RECEIVING AN APPROPRIATE LICENSE FROM VIA LICENSING, WHICH IS AVAILABLE FROM VIA LICENSING CORPORATION, 1000 BRANNAN STREET, SUITE 200, SAN FRANCISCO, CA 94103-4813 (iii) THE USE OF Datastead's TVideoGrabber 8.5 SDK IN ANY MANNER THAT COMPLIES WITH THE MPEG-4 AUDIO (AAC, HE-AAC, BSAC AND OTHER) STANDARD IS EXPRESSLY PROHIBITED WITHOUT RECEIVING AN APPROPRIATE LICENSE FROM VIA LICENSING, WHICH IS AVAILABLE FROM VIA LICENSING CORPORATION, 1000 BRANNAN STREET, SUITE 200, SAN FRANCISCO, CA 94103-4813 (iv) You must approach VIA Licensing and/or MPEG LA directly and acquire all needed licenses for the use of VIA Licensing and/or MPEG-LA technology and/or take all appropriate measurements to comply with Via Licensing and/or MPEG LA licensing requirements.

Support

The developer license includes 2 years of upgrades and e-mail support. After 2 years it is possible to renew the subscription for 50% of the full license price listed at the date of the renewal.

Datastead will provide reasonable support through email. We will do our best to fix the bugs reported (see "Limitations" below).

This support does not include any customization or new feature development, however suggestions for new features are welcome.

Evaluation

We offer a downloadable evaluation version to "try before you buy". Before buying we recommend you to carefully test the current release with the video capture devices and codecs you will be using. Feel free to contact us if you are facing a problem during your evaluation.

Third-party codecs

You may have to purchase third-party codecs to be able to use certain of the features or functionalities, depending on the capture devices you plan to use and/or video formats you plan to encode or decode.

Technical constaints

TVideoGrabber includes real time features subject to various constaints due to the heterogeneous environments and heterogeneous behaviors of capture devices, third-party codecs, PC clock accuracies, display cards, CPU speeds, disk speeds, OS versions, firmware versions, etc..., so the TVideoGrabber features and functionalities are not guaranteed to work as expected in any case.

Distribution Rights of the licensed versions

Delphi or C++Builder native VCL versions of the Datastead components

You are granted a non-exclusive, royalty-free right to produce and distribute your compiled end-user applications (.exe, .dll, etc...) compiled with the licensed Delphi or C++Builder versions of the Datastead components.

If you purchased a license including source code, you are NOT allowed redistribute the source code, you may only modify and/or rebuild the component for the purpose of distributing your compiled end-user application.

DLL and OCX versions of the Datastead components

You are granted non-exclusive, royalty-free right:
- to produce and distribute your end-user applications based on a DLL or OCX version of the component,
- to distribute the licensed Datastead DLL or OCX component, for the sole purpose of running and using your end-user applications based on the DLL or OCX version of the component.

Demo projects

The demo projects included in the package are free of use. The purpose of the sample code is to demonstrate how to use the SDK, so the sample code can be reused freely.

Competitive products

You are NOT allowed to build or distribute a SDK (Software Development Kit) based on our product.

You are NOT allowed to use use this product to create a competitive product.

Restrictions

Unless stated above in the "Distribution rights of the licensed versions" section, you may not distribute, transfer, lease, lend, copy, modify, translate, sublicense, time-share, or electronically transmit or receive any of the author's commercial source code, demos, compiled units or documentation by any means whatsoever.

Upgrade

The upgrade version of the software constitutes a single product of the author's software that you upgraded. For example, the upgrade and the software that you upgraded cannot both be available for use by two different people at the same time, without written permission from the author.

Limited warranty

Datastead warrants that for a period of ninety (90) days from the date of shipment from Datastead: (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software substantially conforms to its published specifications. Except for the foregoing, the Software is provided AS IS. This limited warranty extends only to Customer as the original licensee. Customer's exclusive remedy and the entire liability of Datastead and its suppliers under this limited warranty will be the refund of the Software. In no event does Datastead warrant that the Software is error free or that Customer will be able to operate the Software without problems or interruptions.

This warranty does not apply if the software (a) has been altered, except by Datastead, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Datastead, (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (d) is used in ultra hazardous activities.

Disclaimer

The Author cannot and does not warrant that any functions contained in the Software will meet your requirements, or that its operations will be error free. The entire risk as to the Software performance or quality, or both, is solely with the user and not the Author. You assume responsibility for the selection of the component to achieve your intended results, and for the installation, use, and results obtained from the Software.

The Author makes no warranty, either implied or expressed, including without limitation any warranty with respect to this Software documented here, its quality, performance, or fitness for a particular purpose. In no event shall the Author be liable to you for damages, whether direct or indirect, incidental, special, or consequential arising out the use of or any defect in the Software, even if the Author has been advised of the possibility of such damages, or for any claim by any other party.

ALL DATASTEAD SOFTWARE 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 OR INDIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

All other warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, are expressly excluded.

General

This Agreement is the complete statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, order orders, agreements and arrangements. This Agreement shall be governed by the laws of France. Exclusive jurisdiction and venue for all matters relating to this Agreement shall be in courts and fora located in France, and you consent to such jurisdiction and venue. There are no third party beneficiaries of any promises, obligations or representations made by Datastead.