PLEASE READ THIS END USER LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE INSTALLING OR USING OUR PRODUCT. BY INSTALLING OR USING OUR PRODUCT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL OR USE THE PRODUCT. IF YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE, THEN
CHECK THE BOX UPON INSTALLATION, SIGN WHERE INDICATED, OR OTHERWISE INDICATE YOUR ASSENT TO THE TERMS AND CONDITIONS OF THIS LICENSE.
1.1. The Tricube end-user software is licensed to you subject to the terms of this License are referred to as the “Product”. This License forms a legally binding contract between you and Tricube in relation to your use of the Product.
1.2. “Tricube” means Tricube Broadcast Pvt Ltd, an Indian corporation with a principal place of business at NO.39/6097-A1, Alappat Cross Rd, Ravipuram, Kochi, Kerala, India – 682016
2.1. In order to use the Product, you must first agree to this License. You may not use the Product if you do not accept this License.
2.2. By clicking to accept, or otherwise accessing or using any part of the Product, you hereby agree to the terms of this License.
2.3. You may not use the Product and may not accept the License if you are a person barred from receiving the Product under the laws of the country in which you are resident or from which you use the Product.
2.4. If you agree to be bound by this License on behalf of your employer or other entity, you represent and warrant that you have the full legal authority to bind your employer or such entity to this License. If you do not have the requisite authority, you may not accept the License or use the Product on behalf of your employer or other entity.
2.5. You agree that Tricube or third parties own all legal rights, title, and interest in and to the Product, including any Intellectual Property Rights that exist in the Product. “Intellectual Property Rights” means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights. Tricube reserves all rights not expressly granted to you. You agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be contained within the Product.
2.6. You agree that the form and nature of the Products that Tricube provides will likely change from time to time. You agree that Tricube may stop providing the Products (or any features within the Products) to you or to users generally at Tricube’s sole discretion without prior notice to you, provided that in such cases Tricube will continue providing support until the end of your then-current support term (see also: Section 5.3).
3.1. Free Trial license. Some of our Products may be licensed on a 30-day free trial basis or have a free version with limited features. TRIAL OR FREE SOFTWARE IS LICENSED “AS-IS,” AND YOU BEAR THE RISK OF USING IT. EXCEPT AS REQUIRED BY LOCAL LAW, TRICUBE GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS.
3.2. Commercial license. Subject to the terms of this License, Tricube grants you a limited, worldwide, non-assignable, and non-exclusive license to use the Product according to the feature plans available on our website or communicated to you by a Tricube representative. The fee payable by you for a Commercial license of our Product (“License Fee”) will depend upon the type of license or plan that you purchase.
3.3. Subject to you providing a valid email address, we will deliver the license files to you within 48 hours (excluding weekends) after receipt of the applicable License Fee payment and a valid license request sent from the Product if the Product’s license activation requires this. Delivery is made in electronic form via either email or download. Some Products require a USB dongle to activate a license. If this is the case, the dongle will be delivered by a standard post. Tricube doesn’t guarantee the delivery date in this case.
3.4. If you submit feedback or suggestions about our Product, we may use your feedback or suggestions without obligation to you.
3.5. This agreement is not meant to change or supersede the terms of any open source or free software license that applies to any portion of the Product. To the extent that the terms of any open source or free software license apply to any portion of the Product conflict with this license, the terms of such open source or free software license shall prevail. Where required by the applicable license, you may obtain a complete machine-readable copy of the source code for such free software without charge except for the cost of media, shipping, and handling, upon written request to Tricube. For example, some components of our Products are linked with an LGPL build of FFmpeg. FFmpeg is an open-source library licensed under the LGPL version 2.1. FFmpeg is a trademark of Fabrice Bellard, originator of the FFmpeg project.
3.6. This product includes NDI® software and technology licensed from NewTek, Inc. NDI® is a trademark of NewTek, Inc. NewTek and/or its licensors own all copyright rights in the NDI® Software and NDI® copyrightable technology are utilized in the Product. All software herein, including the NDI® software and technology, is subject to the restrictions in this End User License, including the following restrictions, limitations, and exclusions: 1) you may not reverse engineer, disassemble, or recompile the Product, including the NDI® Software, or any part thereof, or any NDI® protocols used in the Product, nor attempt to do any of the foregoing; 2) you may not copy, distribute, or create derivative works of the NDI® Software (except one copy may be made for archival backup purposes); 3) NewTek is not liable for any damages, whether direct, indirect, incidental or consequential, arising from the use of the Product and/or NDI®; 4) You accept the Product and NDI® software “as is” without warranties of any kind; all warranties, express or implied, of merchantability, fitness for a particular purpose, and warranty of title, are expressly disclaimed and excluded. To the extent any of the foregoing disclaimers are not allowed by applicable law, such term shall not apply and, in such case, you agree not to utilize the NDI® in the Product.
4.2. You agree that you shall not engage in any activity with the Product that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of any third party including, but not limited to, Tricube or any data or communications carrier.
4.3. You may not use the Product for any purpose not expressly permitted by this License. Except as expressly authorized by this License or to the extent required by applicable third-party licenses, you may not copy (except for backup purposes), modify, adapt, decompile, reverse engineer, disassemble, or create derivative works of the Product or any part of the Product.
4.4. You agree that you are solely responsible (and Tricube has no responsibility to you or to any third party) for any data, content, or resources that you create, transmit, or display through the Product, and for the consequences of any such creation, transmission, or display (including any loss or damage that Tricube may suffer).
5.1. Tricube shall provide you with updates, bug fixes, and email support in connection with commercially licensed Products as long as your subscription or license is active unless alternative terms have been explicitly granted to you in writing by Tricube, subject to your payment of the applicable License Fee and compliance with this License. Tricube uses good faith efforts to address all known issues, but cannot make any warranty or guarantee on release schedules, release level updates or whether any release will be error-free and cure the known issue it was developed to address.
5.2. Support for the Product covered by this License is available through the Tricube support case management system or via email. You may file a support case in the Support section of our website. A case number will be assigned to you and your request will be answered by an authorized support representative of Tricube.
5.3. If a Product is discontinued, support will be provided until the expiration of the current subscription if the subscription expires within 1 year. The option to renew the subscription will not be provided. Instead, a migration path to a replacement Product may be offered. If the License is perpetual, the support will be provided for 1 year once the Product is discontinued. Maintenance of the Product will not be provided once the Product is discontinued.
5.4. We require that you maintain at least one working email address so that we can provide you with information about your subscription, renewal offers, and new features and fixes to the licensed products. We reserve the right to make occasional cross-promotions to inform you about related products and add-ons.
You may not transfer, rent, lease, lend, redistribute or sublicense the Product without Tricube’s prior written consent. Notwithstanding other sections of this License, any Product provided to you on a promotional or trial basis may only be used for demonstration, testing, and evaluation purposes and may not be resold or transferred.
7.1. This License shall continue to apply until terminated by either you or Tricube as set out below.
7.2. If you want to terminate this License, you may do so by ceasing your use of the Product.
7.3. Tricube may at any time terminate this License if: (a) Tricube reasonably believes that you have breached a material term of this License, or (b) Tricube is required to do so by law or to protect against violation of our rights or the rights of third parties.
7.4. When this License terminates, Tricube shall have no further obligation to provide support and maintenance. All payments are final and no refunds will be provided if the License terminates due to your breach of this License or your election to terminate the License. Sections 3.5-3.10, 4, 7.4, 8-10, and 12 of this License Agreement shall survive such termination.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PRODUCT IS AT YOUR SOLE RISK AND THAT THE PRODUCT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT A WARRANTY OF ANY KIND FROM TRICUBE. YOUR USE OF THE PRODUCT AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCT IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE. TRICUBE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRICUBE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT TRICUBE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. In no event shall Tricube’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of the License Fee paid under this License. The foregoing limitations will apply even if the above-stated remedy fails in its essential purpose.
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Tricube, its affiliates and their respective directors, officers, employees, and agents from and against any and all claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorney fees) arising out of or accruing from (a) your use of the Product, (b) any application you develop with the Product that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property rights of any person or defames any person or violates their rights of publicity or privacy, and (c) any non-compliance by you with this License.
Tricube may make changes to the License as it distributes new versions of the Product. When these changes are made, Tricube will make a new version of the License available on the website where the Product is made available.
Tricube may collect anonymous information about how you use our Products. We may use this information to improve our Product’s quality, performance, and features.
13.1. This License constitutes the whole legal agreement between you and Tricube and governs your use of the Product (excluding any services which Tricube may provide to you under a separate written agreement), and completely replaces any prior agreements between you and Tricube in relation to the Product.
13.2. You agree that if Tricube does not exercise or enforce any legal right or remedy which is contained in this License (or which Tricube has the benefit of under any applicable law), this will not be taken to be a formal waiver of Tricube’s rights and that those rights or remedies will still be available to Tricube.
13.3. If any court of law having the jurisdiction to decide on this matter rules that any provision of this License is invalid, then that provision will be removed from this License without affecting the rest of this License. The remaining provisions of this License will continue to be valid and enforceable.
13.4. You agree to comply with all laws and regulations applicable to your activities under this License including, without limitation, all domestic and international export laws and regulations that apply to the Product. These laws include restrictions on destinations, end users, and end-use. If you reside in the United States, you agree to comply with U.S. export laws and regulations with respect to this Product and the applications you make with this Product.
13.5. You shall not be permitted to delegate your responsibilities or obligations under this License without the prior written approval of Tricube in accordance with Section 6.
13.6. This License, and your relationship with Tricube under this License, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. Tricube shall be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
13.7. The Product and related documentation are “Commercial Items”, as defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Product(s)” and “Commercial Computer Product(s) Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Product(s) and Commercial Computer Product(s) Documentation is being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
13.8. This License may be signed electronically, by clicking a box indicating your assent to the terms herein, or via any other legally binding method. If it is signed on paper, it may be signed in one or more counterparts, all of which when taken together will constitute the same agreement. Any copy of signatures to this License made by reliable means (for example, PDF, photocopy, or facsimile) shall be considered as binding as an original for all purposes.