End User License Agreement

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END USER LICENSE AGREEMENT

IMPORTANT -- READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SOFTWARE: This License Agreement for certain TVersity Software (“License Agreement”) is a legal agreement between you (hereinafter “You”) and TVersity Inc. and its suppliers and licensors (collectively “Company”) relating to Your installation and use of the TVersity Media Server software (the “Software”). BY CHECKING ON THE “I Accept” BUTTON, INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY: (i) THE TERMS OF THIS LICENSE AGREEMENT, (ii) THE COMPANY'S PRIVACY POLICY AT WWW.TVERSITY.COM/PRIVACY[->0] AND (iii) THE COMPANY'S TERMS OF USE AT WWW.TVERSITY.COM/TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, CLICK THE “CANCEL” BUTTON AND/OR DO NOT INSTALL THE SOFTWARE. YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. YOU ASSUME ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM THE SOFTWARE. 1.License Grant

1.1.Subject to the terms and conditions contained in this License Agreement, Company hereby grants to You a limited, non-sublicensable, non-exclusive, license to use the Software only in binary executable form solely on a PC product, and any related documentation (“Documentation”), solely for personal non-commercial purposes. 1.2.You may: (i) use the Software on any number of computers; and (ii) copy the Software for back-up and archival purposes, provided any copy must contain all of the original Software’s proprietary notices.

1.3.Subject to the terms and conditions hereof, You may permit another individual to use the Software, provided, however, that such individual agrees to be bound by the terms and conditions hereof.

1.4.Certain rights are not granted under this Agreement, but may be available under a separate agreement. If you would like to enter into a distribution agreement or more comprehensive licensing agreement or learn of other licensing strategies, please contact Company. 2.License Restrictions

2.1.You may not: (i) permit other individuals to use or access the Software, except under the terms and conditions listed above; (ii) alter, merge, adapt, modify, translate, reverse engineer, decompile, disassemble or otherwise derive the source code of the Software or reduce the Software to a human-perceivable form (except to the extent that this restriction is expressly prohibited by law); (iii) create derivative works based upon the Software or Documentation; (iv) copy the Software or Documentation (except for back-up or archival purposes); (v) sell, rent, lease, transfer, sublicense, or otherwise transfer or distribute rights to the Software or Documentation; (vi) remove any proprietary notices or labels on or affixed to the Software or Documentation. Any action taken by You which is prohibited by this License Agreement shall immediately terminate Your license to the Software; or (vii) use the Software on any non-PC product or any embedded or device versions of any operating system, including, but not limited to, mobile devices, internet appliances, set top boxes (STB), handhelds, PDAs, phones, web pads, tablets, game consoles, TVs, DVDs, gaming machines, home automation systems, kiosks or any other consumer electronics devices or mobile/cable/satellite/television or closed circuit system based service. 2.2.You agree that You will only use the Software and Documentation in a manner that complies with all applicable laws in the jurisdiction(s) in which You use the Software and Documentation, including...
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