For Programs designed to reside on a single-machine and support one or more additional machines, either locally
or remotely, without permitting the Program to be transferred to an additional machine for local execution, the
additional machines shall be considered within the definition of "single machine." For programs permitting the
Program to be transferred to an additional machine for local execution, a separate license shall be required for each
such machine with which the Program may be used. Title to the Program and all copies thereof, but not the media
on which the Program or copies may reside, shall be and remain with Telestream or others for whom Telestream
has obtained a respective licensing right. Customer shall pay when due all property taxes that may now or
hereafter be imposed, levied or assessed with respect to the possession or use of the Program or this license and
shall file all reports required in connection with such taxes. If the Program or any related documentation is
acquired by or for an agency of the U.S. Government, the Program and documentation
shall be considered “commercial computer software” or “commercial computer software documentation”
respectively, as those terms are used in 48 CFR §12.212, 48 CFR §227.7202, or 48 CFR §252.227-7014, and are
licensed with only those rights as are granted to all other licensees as set forth in this Agreement.
THE PROGRAM MAY NOT BE USED, COPIED, MODIFIED, MERGED, OR TRANSFERRED TO ANOTHER
EXCEPT AS EXPRESSLY PERMITTED BY THESE TERMS AND CONDITIONS. UPON TRANSFER OF ANY
COPY, MODIFICATION, OR MERGED PORTION OF THE PROGRAM, THE LICENSE GRANTED HEREIN IS
AUTOMATICALLY TERMINATED WITH RESPECT TO THE PARTY THAT TRANSFERS THE PROGRAM.
TERM
The license granted herein is effective upon acceptance by Customer, and shall remain in effect until terminated as
provided herein. The license may be terminated by Customer at any time upon written notice to Telestream. The
license may be terminated by Telestream or any third party from whom Telestream may have obtained a respective
licensing right if Customer fails to comply with any term or condition and such failure is not remedied within
thirty (30) days after notice hereof from Telestream or such third party. Upon termination by either
party, Customer shall return to Telestream or destroy, the Program and all associated documentation, together with
all copies in any form.
LIMITED WARRANTY
The Program is provided "as is" without warranty of any kind, either express or implied. Telestream does not
warrant that the functions contained in the Program will meet Customer's requirements or that the operation of the
Program will be uninterrupted or error-free.
TELESTREAM AND ITS VENDORS DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. LIMITATION OF LIABILITY, IN NO EVENT SHALL
TELESTREAM OR OTHERS FROM WHOM TELESTREAM HAS OBTAINED A LICENSING RIGHT BE
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT
OF OR CONNECTED WITH CUSTOMER'S POSSESSION OR USE OF THE PROGRAM, EVEN IF
TELESTREAM OR SUCH OTHERS HAS ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
THIRD-PARTY DISCLAIMER
Except as expressly agreed otherwise, third parties from whom Telestream may have obtained a licensing right do
not warrant the program, do not assume any liability with respect to its use, and do not undertake to furnish any
support or information relating thereto.
