Section
11. Terms and
Conditions – End User License Agreements.
Section
11.1. RealNetworks. Customer
purchasing accounts that use RealNetworks, Inc., ("RealNetworks") Streams
are using Streams subject to the RealNetworks Licensing Agreement and
agree to be bound by RealNetworks End User License Agreement, a copy of
which is available online for review at http://www.playstream.com/tc/license/RealNetworks.pdf.
PlayStream shall not be liable for any violation of the RealNetworks End
User Licensing Agreement by Customer and Customer shall indemnify
PlayStream, including all attorney's fees and other costs, if PlayStream
shall be held liable for Customer's violation of the Licensing Agreement
by any court of competent jurisdiction. As PlayStream continuously
upgrades our services with RealNetworks, their terms and conditions of
their End User License Agreement are subject to change.
Section
11.2. Windows Media. Customer
purchasing accounts that use Windows Media are using Streams subject to
Microsoft's Licensing Agreement and agree to be bound by Microsoft's
Stream License Agreement. You may view a copy of the license agreement at
http://www.playstream.com/tc/license/windowsmedia.html.
PlayStream shall not be liable for any violation of the Microsoft Windows
Media Stream Licensing Agreement by Customer and Customer shall indemnify
PlayStream, including all attorney's fees and other costs, if PlayStream
shall be held liable for Customer's violation of the Licensing Agreement
by any court of competent jurisdiction. As PlayStream continuously
upgrades our services with Microsoft, their terms and conditions of their
License Agreement are subject to change.
Section
11.3. QuickTime. Customer
purchasing accounts that use QuickTime Streams are using Streams subject
to Apple’s Public Source License Agreement (Darwin 3.0) and agree to be
bound by Apple’s Public Source License Agreement as well as subsequent
revisions that Apple Computer, Inc., may implement. You may view a copy of
Apple’s Public Source License Agreement at http://www.playstream.com/tc/license/quicktime.html.
PlayStream shall not be liable for any violation of Apple’s Public Source
License Agreement by Customer and Customer shall indemnify PlayStream,
including all attorney's fees and other costs, if PlayStream shall be held
liable for Customer's violation of the Licensing Agreement by any court of
competent jurisdiction. As PlayStream continuously upgrades our services
with Apple Computer, Inc., their terms and conditions of their License
Agreement are subject to change.
Section
11.4. Java Streaming. Customer purchasing accounts that
use Java Streaming are using Streams subject to the Free Software
Foundation, Inc.’s GNU
Gene
ral Public License and agree to be bound by Free
Software Foundation, Inc.,’s GNU
Gene
ral Public License Agreement as well as subsequent
revisions that the Free Software Foundation may implement. You may view a copy of the GNU
Gene
ral Public License at http://www.playstream.com/tc/license/javalicense.html.
PlayStream shall not be liable for any violation of Free Software
Foundation, Inc.’s
Gene
ral Public License Agreement by Customer and
Customer shall indemnify PlayStream, including all attorney's fees and
other costs, if PlayStream shall be held liable for Customer's violation
of the Licensing Agreement by any court of competent jurisdiction. As
PlayStream continuously upgrades our services with Free Software
Foundation, Inc., their terms and conditions of their License Agreement
are subject to change.
Section
11.5. Macromedia Flash Communication Server MX. Customer purchasing accounts that
use Macromedia’s Flash Communication Server MX are using software subject
to Macromedia, Inc.’s (hereinafter referred to as “Macromedia”) End User
License Agreement (hereinafter referred to as “EULA”) and agree to be
bound by Macromedia’s EULA as well as subsequent revisions that Macromedia
may implement. You may view a
copy of the EULA at http://www.playstream.com/tc/license/flashcommunicationserver.html.
PlayStream shall not be liable for any violation of Macromedia’s EULA by
Customer and Customer shall indemnify PlayStream, including all attorney's
fees and other costs, if PlayStream shall be held liable for Customer's
violation of the EULA by any court of competent jurisdiction. As
PlayStream continuously upgrades our services with Macromedia, their terms
and conditions of their EULA are subject to
change.