neoDVD 7

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MedioStream END USER LICENSE AGREEMENT

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PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY BEFORE INSTALLING

OR USING THE neoDVD SOFTWARE.

YOUR RIGHT TO USE THE SOFTWARE IS GOVERNED BY THE TERMS OF THIS

AGREEMENT. SELECTING THE "I ACCEPT" BUTTON AND CONTINUING WITH THE

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MedioStream END USER LICENSE AGREEMENT

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PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY BEFORE INSTALLING

OR USING THE neoDVD SOFTWARE.

YOUR RIGHT TO USE THE SOFTWARE IS GOVERNED BY THE TERMS OF THIS

AGREEMENT. SELECTING THE "I ACCEPT" BUTTON AND CONTINUING WITH THE

INSTALLATION OF neoDVD INDICATES YOUR ACCEPTANCE OF THE

TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS BY

SELECTING THE "I ACCEPT" BUTTON, YOU WILL NOT BE ABLE TO CONTINUE

WITH THE SOFTWARE INSTALLATION PROCESS OR TO USE THE neoDVD

SOFTWARE.

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INTRODUCTION

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This is a legal agreement ("Agreement") between you, the end user,

and MEDIOSTREAM, INC. ("MedioStream"), a California corporation

with its principal place of business at 4962 El Camino Real

Suite 200, San Jose, California 94022 U.S.A., which covers the

neoDVD software developed and distributed by MedioStream

(the "Software") and its accompanying documentation

("Documentation"). The term "you" in this Agreement refers to

the initial purchaser of the Software.

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1. LICENSE;

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This is a license agreement and NOT an agreement for sale.

MedioStream licenses you to use the Software and Documentation

only as permitted by this Agreement, and it retains all rights not

expressly granted to you in this Agreement. Subject to the terms

of this Agreement, you have a non-exclusive, nontransferable and

limited right to install the Software onto the hard drive or other

mass storage device of two (2) computers and use the Software and

Documentation on those computers solely for your personal

non-commercial use. You may install, register and use a maximum of

two copies of the Software. You may make an archival copy of the

Software and Documentation for back-up purposes, provided that

such copy contains all of the original copy’s proprietary notices

and is kept in your possession, but you may not otherwise copy or

distribute the Software or Documentation in any form or by any

medium.

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2. TERM;TERMINATION

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This Agreement shall commence when you accept its terms by

clicking on the "Yes" icon below. Once you have registered the

Software, the license granted in this Agreement shall continue

indefinitely until terminated by you or by MedioStream. You may

terminate this Agreement at any time by destroying the Software

and Documentation. This Agreement, and any and all rights provided

to you in connection with the Software, shall automatically

terminate if you fail to comply with the terms of this Agreement.

Upon any termination of this Agreement, you shall cease using and

shall destroy the Software and Documentation, and all copies of

any parts thereof. All sections of this Agreement, other than

Section 1 ("License"), shall survive termination of this Agreement.

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3. OWNERSHIP; INTELLECTUAL PROPERTY

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All right, title, and interest in the Software and Documentation,

and all patents, trademarks, copyrights and all other intellectual

property and other proprietary rights applicable thereto, shall at

all times remain solely and exclusively with MedioStream.

You shall not (nor shall you permit any third party to) take any

action inconsistent with such right, title, and interest.

Unauthorized reproduction of the Software or Documentation is

strictly prohibited by United States copyright and other laws and

by international treaties, and may subject you to civil and/or

criminal penalties.

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4. LIMITATION ON USE

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You represent and warrant to MedioStream that you shall not

(and shall not permit any third party to):

Sell, rent, lease, sublicense, grant a security interest in, or

otherwise transfer or distribute any copies of the Software or

Documentation to others;

Offer the benefits or services of the Software to any third party,

whether such arrangement is in the nature of a service bureau, an

outsourcing service, an application service provider or any other

similar service or business;

Modify, customize, or create derivative works based on the

Software or the Documentation (i.e. create a new program that

incorporates all or part of the Software or Documentation);

Alter, destroy or otherwise remove any proprietary notices or

labels on the Software or Documentation;

Avoid, circumvent or disable any security mechanism, procedure

or protocol, or any copyright protection, provided or included

in connection with the Software;

Use the Software other than for its intended purpose; or

Use the Software in a manner that violates any applicable law,

including without limitation laws prohibiting the unauthorized

copying of copyrighted materials.

In addition, you acknowledge that the Software contains trade

secrets of MedioStream. Accordingly, you represent and warrant

that you will not modify, translate,reverse engineer, decompile,

or disassemble the Software, except to the extent that applicable

laws permit you to do so;

You agree to indemnify MedioStream and its affiliates, officers,

directors, employees and agents for any third-party claims relating

to your breach of any of the above representations and warranties.

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5. DISCLAIMER OF WARRANTY

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THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS." MEDIOSTREAM

DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR

THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE.

MEDIOSTREAM HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,

WITH RESPECT TO THE SOFTWARE OR THE DOCUMENTATION, INCLUDING THE

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,

ACCURACY, NON-INTERFERENCE AND NON-INFRINGEMENT.

THESE DISCLAIMERS OF WARRANTY CONSTITUTE AN ESSENTIAL PART OF THIS

AGREEMENT.

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6. LIMITATION OF LIABILITY

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IN NO EVENT WILL MEDIOSTREAM OR ITS OFFICERS, DIRECTORS, EMPLOYEES,

AGENTS, SUPPLIERS, DISTRIBUTORS OR RESELLERS BE LIABLE TO YOU OR

ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR

CONSEQUENTIAL DAMAGES (SUCH AS DAMAGES FOR LOSS OF GOODWILL,

WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, LOST

PROFITS, LOST BUSINESS OR LOST OPPORTUNITY), OR ANY OTHER COMMERCIAL

DAMAGES OR LOSSES, EVEN IF MEDIOSTREAM HAS BEEN INFORMED OF THE

POSSIBILITY OF SUCH DAMAGES, COSTS, LOSSES OR CLAIMS.

IN NO EVENT WILL MEDIOSTREAM BE LIABLE FOR ANY DAMAGES IN EXCESS OF

THE AMOUNT YOU ORIGINALLY PAID MEDIOSTREAM FOR THIS LICENSE OF THE

SOFTWARE.

Some jurisdictions do not allow exclusion or limitation of

incidental or consequential damages, so the above limitation or

exclusion may not apply to you.

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7. LAWFUL USE OF SOFTWARE ONLY

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You agree that you shall not use the Software or Documentation for

any unlawful purpose. You agree that you will use, export and

re-export the Software and Documentation only in compliance with

applicable export control laws and regulations in your jurisdiction,

including, if applicable, the then-current Export Administration

Regulations administered by the U.S. Department of Commerce.

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8. TAX

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You shall be responsible for and shall pay, and shall reimburse

MedioStream on request if MedioStream is required to pay, any sales,

use, valued added (VAT), consumption or other tax (excluding any

tax that is based on MedioStream’s net income), assessment, duty,

tariff, or other fee or charge of any kind or nature that is levied

or imposed by any governmental authority on the Software.

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9. CONFIDENTIALITY

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You acknowledge and agree that the Software and Documentation may

contain confidential information and/or trade secrets of MedioStream

and/or it suppliers. You agree to maintain and protect such

confidential information and trade secrets in strictest confidence

for the benefit of MedioStream and/or its suppliers, and not to

disclose them without express authorization of MedioStream.

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10. GENERAL

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This Agreement constitutes the entire understanding between you and

MedioStream with respect to the subject matter hereof.

It supersedes all prior or contemporaneous oral or written

communications, proposals, or representations and warranties and

prevails over any conflicting or additional terms of any quote,

order, acknowledgment, or other communication between the parties

relating to its subject matter. Any change to this Agreement must

be in writing and signed by an authorized representative of

MedioStream. Nothing in this Agreement constitutes a waiver of the

rights of MedioStream under the U.S. Copyright Act or Federal or

State law. This Agreement shall be governed by the law of the

State of California, excluding its choice of laws provisions.

The United Nations Convention on Contracts for the International Sale

of Goods is expressly disclaimed. If any provision of this Agreement

is determined to be unenforceable or invalid under any applicable law,

this Agreement will not be invalid; instead, the unenforceable or

invalid provision shall be interpreted so as to best accomplish the

objectives of such provision. Any dispute relating to this Agreement

or the Software shall be brought only in the federal or state court,

as applicable, in Santa Clara County, California, and the parties

hereby waive any objection to the jurisdiction of such courts.

Copyright ?2003 MedioStream, Inc. All Rights Reserved. MedioStream,

neoDVD, Smart Buffering, Quick Eject, and Direct-To-Disc Recording are

trademarks of MedioStream, Inc. and may not be used without

MedioStream's express written permission.

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SOUND IDEAS END USER LICENSE AGREEMENT

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THIS PRODUCT CONTAINS A SMALL SELECTION FROM THE EXTENSIVE SOUND

IDEAS SOUND EFFECTS AND PRODUCTION MUSIC LIBRARIES.

PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY BEFORE INSTALLING

OR USING THE neoDVD SOFTWARE.

Your use of any Sound Ideas royalty free product acknowledges your

acceptance of the following terms and conditions. In the event of a

breach of this License Agreement, action may be taken against you

directly by the owner of the copyright.

Sound Ideas royalty free products are sold to you with a lifetime

license for synchronization rights only. If you transfer ownership

of any Sound Ideas royalty free product to another party,

Sound Ideas should be notified immediately. No additional fees are

required when any Sound Ideas royalty free product is used under

the following terms and conditions.

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TERMS AND CONDITIONS

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You can synchronize the audio content from any Sound Ideas royalty

free product with audio and/or visual productions or applications

such as

films

training and marketing presentations

on hold messages

radio presentations or commercials

television presentations or commercials

musical recordings

multimedia presentations

Web pages

interactive programs

computer games

audio-visual or computer generated displays, programs or

presentations which may incorporate streaming audio.

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LIMITATIONS

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Copying or re-recording unsynchronized sounds from any Sound Ideas

royalty free product to any format that allows network or remote

access by two or more end users is prohibited. You cannot copy,

duplicate, sell, lease, loan or give away unsynchronized sounds

from any Sound Ideas royalty free product by any means including

the World Wide Web, streaming audio or any delivery method now known

or which shall become known. Transfer, re-recording, copying or

duplication of any Sound Ideas royalty free product, in whole or

in part, for any purpose not listed in Terms and Conditions above

is expressly prohibited unless you have requested and received

specific written authorization from Sound Ideas.

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PERFORMING RIGHTS

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With respect to any music compositions that may be included in any

Sound Ideas royalty free product, this License does not include

Performing Rights. Performing Rights represent the entitlement of

music composers and publishers to benefit from the public

performance of their compositions. Performing Rights societies

like ASCAP and BMI in the United States and SOCAN in Canada, as well

as many more around the world, have been established to collect and

fairly distribute Performing Rights fees to music composers and

publishers. If you use any musical compositions contained within

any Sound Ideas royalty free product for either broadcast or

non-broadcast productions that are eligible for documentation by

Performing Rights associations, said music should be reported to

your local Performing Rights society and Sound Ideas.

Additional information about eligible music uses and cue sheets

for music reporting are available from Sound Ideas.

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WARRANTY

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Sound Ideas warrants that your use of Sound Ideas royalty free

products in accordance with this License does not infringe on

any third party proprietary rights.

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LIABILITY

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Sound Ideas accepts no responsibility for any loss of business or

business profits resulting directly or indirectly from the

performance of any Sound Ideas royalty free product. Sound Ideas?

liability is limited and restricted solely to replacement at no

charge of the Sound Ideas royalty free product in question.

Sound Ideas

105 West Beaver Creek Road, Suite 4

Richmond Hill, Ontario

Canada L4B 1C6

Telephone: (905) 886 5000 Fax: (905) 886-6800

Toll Free: US 1-800-387-3030 Canada 1-800-665-3000

Email: info@sound-ideas.com http://www.sound-ideas.com

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