User's Manual

directly or indirectly, into any country in violation of any applicable law (including, but not
limited to, the United States Export Administration Act and the regulations promulgated there
under) nor will you use the Player for any purpose prohibited by such laws.
9.
High Risk Activities.
The Player is not fault-tolerant and is not designed or intended for use
in hazardous environments requiring fail-safe performance, including without limitation, in the
operation of nuclear facilities, aircraft navigation or communication systems, air traffic
control, weapons systems, direct life-support machines, or any other application in which the
failure of the Player could lead directly to death, personal injury, or severe physical or
property damage (collectively, "High Risk Activities"). Licensor expressly disclaims any
express or implied warranty of fitness for High Risk Activities.
10.
Miscellaneous.
This Agreement is governed by the laws of the United States and the
Commonwealth of Massachusetts, without reference to conflict of laws principles. The
application of the United Nations Convention of Contracts for the International Sale of Goods
is expressly excluded. This Agreement sets forth all rights for the user of the Player and is the
entire agreement between the parties. Licensor reserves the right to periodically audit you to
ensure that you are not using the Player in violation of this Agreement. This Agreement
supersedes any other communications with respect to the Player and Documentation. This
Agreement may not be modified except by a written addendum issued by a duly authorized
representative of Licensor. No provision hereof shall be deemed waived unless such waiver
shall be in writing and signed by Licensor or a duly authorized representative of Licensor. If
any provision of this Agreement is held invalid, the remainder of this Agreement shall
continue in full force and effect.
11.
LICENSOR CUSTOMER CONTACT.
If you have any questions concerning these terms
and conditions, or if you would like to contact Licensor for any other reason, please contact
your sales representative.
By accepting this Agreement you agree to the terms and conditions of this EULA.
FLUENDO GSTREAMER PLUGIN LICENSE AGREEMENT BY FLUENDO,
S.A. ("FLUENDO")
IMPORTANT - READ CAREFULLY
THE FOLLOWING LICENSE AGREEMENT AS AMENDED FROM TIME TO TIME AND
AVAILABLE AT FLUENDO'S WEBSITE (THE "LICENSE AGREEMENT"), TOGETHER
WITH FLUENDO'S SOFTWARE TERMS OF SERVICE, GOVERNS THE DOWNLOADING,
INSTALLATION AND/OR USE OF FLUENDO'S PROPRIETARY SOFTWARE "FLUENDO
MP3 GSTREAMER PLUGIN", INCLUDING ANY COMPONENTS, COPIES, UPDATES,
ENHANCEMENTS, UPGRADES OR SUBSEQUENT VERSIONS THEREOF THAT MAY BE
RELEASED BY FLUENDO (COLLECTIVELY, THE "SOFTWARE") AND ANY
ACCOMPANYING MANUALS, HELP FILES AND DOCUMENTATION (THE
"DOCUMENTATION"). PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE
AGREEMENT AS BY DOWNLOADING, USING AND/OR INSTALLING THE SOFTWARE
YOU (THE "LICENSEE") CONSENT AND AGREE TO BE BOUND BY ALL OF THE TERMS
AND CONDITIONS OF THIS LICENSE AGREEMENT. YOU MAY DOWNLOAD, INSTALL
AND/OR USE THE SOFTWARE SUBJECT TO THOSE TERMS AND CONDITIONS AND TO
ANY APPLICABLE LAW, BEING SOLELY LIABLE FOR ANY BREACH THEREOF. IF YOU
DO NOT AGREE TO THIS LICENSE AGREEMENT, FLUENDO DOES NOT GRANT ANY
LICENSE TO YOU FOR THE SOFTWARE AND YOU MAY NOT DOWNLOAD, INSTALL OR
USE THE SOFTWARE. THIS LICENSE AGREEMENT SHALL BE APPLICABLE TO THE
SOFTWARE FLUENDO GSTREAMER PLUGIN CONSIDERED AS A WHOLE AND, IN
PARTICULAR BUT WITHOUT LIMITATION, TO ANY FILE INCLUDED THEREIN WHEN
FORMING PART OF THIS VERSION, AND TO ANY UPDATE, ENHANCEMENT OR FIX
INCORPORATED IN THE PROGRAM.