Squeeze End User License Agreement - EULA

Last Updated: May 14, 2014 03:47PM PDT
The End User License Agreement is a legal contract describing the uses and restrictions of your Squeeze Desktop license. You must agree to abide by these restrictions when using Squeeze Desktop

Please note the following restrictions:
  • Installing and running Squeeze Desktop on a server OS is strictly prohibited.
  • Running Squeeze Desktop on a machine that can be accessed remotely is strictly prohibited.
  • The use of Watch Folders accessible over a network and used by multiple users is also strictly prohibited.
  • Only one installation of a single license of Squeeze Desktop may be running at one time. In other words, a license of Squeeze cannot be used to run two copies of Squeeze on two machines at the same time.  Note: You can purchase a special multi-user license which will give you the ability to use the same license of Squeeze Desktop on more than one machine. For more information on pricing for multi-user licenses please contact the Sales team at sales@sorensonmedia.com.

The full end user license agreement is available below:


ELECTRONIC SOFTWARE LICENSE AGREEMENT FOR USE WITH SORENSON SQUEEZE® PRODUCTS (End User License Agreement - EULA)

 IMPORTANT NOTICE:    THIS SOFTWARE -- TITLED "SORENSON SQUEEZE®" (the "Software") -- AND WHICH INCLUDES ONLINE OR ELECTRONIC DOCUMENTATION AND MAY INCLUDE ASSOCIATED MEDIA AND PRINTED MATERIALS -- IS OWNED BY SORENSON MEDIA, INC. ("SMI") OR ITS LICENSORS AND IS PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES.  SMI IS WILLING TO LICENSE THIS SOFTWARE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THE BELOW "SOFTWARE LICENSE AGREEMENT" (THE "AGREEMENT").

PLEASE READ THE AGREEMENT CAREFULLY BEFORE YOU USE THE SOFTWARE BECAUSE BY USING THE SOFTWARE YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU SHALL BE BOUND BY THE TERMS OF THE AGREEMENT.  IF YOU DO NOT WANT TO BE BOUND BY THE TERMS OF THE AGREEMENT, YOU ARE UNAUTHORIZED TO USE THIS SOFTWARE AND YOU SHOULD NOT USE IT BUT SHOULD RETURN IT (ALONG WITH PROOF OF PAYMENT AND ALL OTHER MATERIALS WHICH ACCOMPANIED IT) TO THE AUTHORIZED DEALER FROM WHOM YOU OBTAINED IT TO OBTAIN A FULL REFUND.

SOFTWARE LICENSE AGREEMENT

This is a legal, valid, and binding Software License Agreement (the "Agreement") between you and Sorenson Media, Inc. ("SMI"), who is the owner of the Software. When you purchased the Software you did not purchase ownership of it but purchased a right ("a license") to use it strictly in accordance with the terms and conditions contained in this Agreement. Therefore, if and when you install, copy, or otherwise use the Software you expressly enter into this Agreement with SMI and agree to be bound by all the terms and conditions below.

1. Permitted Uses Of Software.

            A. You may make one copy of the Software, which shall be used for back-up or archive purposes only. The copy must contain all notices, including copyright notices, which are included on the original Software.  If you copy any of the tangible documents and/or other printed materials that accompany the Software, the copies should likewise contain all notices, including copyright notices, that are included in the original documents and materials.

            B. You may use the Software only on one computer.  If you wish to use the Software on more than one computer you will have to purchase a license for each computer on which it is used.

            C. You may not utilize the Software or its "Command Line" functionality on server machines.

            D. You may not run Squeeze Desktop on a machine that can be accessed remotely by more than one user.

            E. You may not use Watch Folders that are accessible over a network, and used by multiple users.
           
2. Restrictions On Use.

            A. You must not port, translate, reverse engineer, reverse assemble, reverse compile, decompile, disassemble or otherwise attempt to derive source code from the Software except to the extent this restriction may be expressly prohibited by applicable law.

            B. You must not publish or distribute the computer images, sound files, or fonts included with the Software as computer images, sound files, or fonts.

            C. You must not use any of the computer images included with the Software unless it is allowed by the guidelines included in the documentation for the Software, and then in accordance with such guidelines.

            D. You must not use any of the computer images related to identifiable individuals or entities (if any) in a manner which suggests their association with or endorsement of any product or service.

            E. You must not alter, modify or change the Software or the Source Code underlying the Software, merge all or any part of it into another software product or attempt to separate any of the components of the Software.  You may, however, use the Software in accordance with the accompanying documentation.

            F. Your license under this Agreement shall continue for as long as you use the Software but it will be terminated automatically if you fail to comply with the provisions of this Agreement, destroy the Software in your possession, voluntarily return the Software to SMI, and/or permanently transfer it to a third party in accordance with the paragraph 2.G. that follows.  You agree, upon termination of your license, to cease all use of the Software, and you must erase and destroy any copy (including the hard disk copy) made for back-up or archive purposes or return such to SMI.  Upon termination of your license this Agreement shall expire, except those terms and conditions which shall survive according to their terms, specifically your obligation to cease all use of the Software and erase and destroy all copies of it (including the hard disk copy), and the "No Warranties," "Limitation of Liability," and "Miscellaneous" provisions set forth below.

            G. Permanent Transfer of Software.

            1) You must not rent, lend, or lease the Software to third parties.

            2) You may, however, permanently transfer the Software, all documentation or other printed materials accompanying it, and all of your rights under this Agreement, to a third party. If and when that happens, you must also cease all use of the Software, and erase and destroy any copy (including the hard disk copy) made for back-up or archive purposes.  Thereafter, the party you permanently transferred the Software to shall be licensed under the terms of this Agreement upon its acceptance and assumption of this Agreement by its initial use of the Software.
 
            3) While a permanent transfer of the Software to a third party is allowed under the preceding paragraph, you must not export or re-export the Software to any country, person, entity, or end-user subject to U.S.A. export restrictions which presently includes but is not necessarily limited to: Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Federal Republic of Yugoslavia (Serbia and Montenegro, U.N. Protected Areas and areas of Republic of Bosnia and Herzegovina under the control of Bosnian Serb forces). If you, however, permanently transfer the Software to any country, person, entity, or end-user not subject to U.S.A. export restrictions, you agree and represent that if such transfer constitutes an export or re-export to such country, person, entity, or end-user that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked, or denied your export privileges.

            H. Other applicable restrictions:

            1) All title and copyrights in and to the Software and any copies thereof are owned by SMI or its licensors. All title and intellectual property rights in and to the content which may be accessed through use of the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants you no rights to use such content.

            2) Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Sorenson Media, Inc., 13961 South Minuteman Drive, Suite 100, Draper, Utah, U.S.A. 84020-8085.

            I.  Your customers or 3rd party users may not install Software on a server computer.

            J.  You understand and agree that as a licensee under this EULA and included in the royalty fee you are permitted one (1) installation of the Software, beyond which you have no right to any additional installation.  Any additional installation will be subject to a fee to be determined solely by SMI at such time as an additional installation is needed.

            K.  You understand and agree that included in this EULA is a complimentary account to access and use the Sorenson 360® video delivery network™ ("VDN™"), subject to the Terms of Use found at http://www.sorensonmedia.com/termsofuse and incorporated herein by this reference, together with all provisions incorporated therein, provided that you understand that your access to the Sorenson 360® VDN™ can be interrupted on a temporary or permanent basis at the sole discretion of SMI.

            L. You understand and agree that you or your customers or 3rd party users are subject to, and may not exceed the service limitations (such as number of SMS text messages as part of the Squeeze notifications service; GB Bandwidth or GB storage) per month, per account listed as part of the Service on www.sorensonmedia.com.  Additional fees may apply above these stated limitations.  You understand that SMI will not be responsible for any fees charged to recipients of your SMS text messages originating from the Service.
3. No Warranties/Limitation Of Liability.

            A. THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS AND SMI DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMI AND ITS SUPPLIERS EXCLUDE AND EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.

            B. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMI OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUE OR PROFITS, LOST OR DAMAGED DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL, ECONOMIC, OR PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF SMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE, OR FOR CLAIMS BY A THIRD PARTY.  SMI'S MAXIMUM AGGREGATE LIABILITY TO YOU, AND THAT OF ITS DEALERS AND SUPPLIERS, SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE.  THE LIMITATIONS OF THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM, OR A FUNDAMENTAL BREACH.

            C. No SMI dealer, agent, or employee is authorized to make statements inconsistent with, or conflicting with, this paragraph 3.

            D. Some jurisdictions do not allow the exclusions or limitations contained in this paragraph 3 so they may not apply to you. You may have other legislated rights which vary from jurisdiction to jurisdiction.

            E. Licensor(s) of the Software or any of its components or subparts shall have the right to enforce the terms of this EULA against you as permitted by SMI.

4. Miscellaneous Provisions.  This Agreement shall be governed by and shall be construed in accordance with the laws of the State of Utah, United States of America, without regard to principles of conflicts of law of any jurisdiction.  Except those claims over which a regulatory agency has exclusive jurisdiction, all claims between the parties, regardless of legal theory and whenever brought, shall be resolved by compulsory and binding arbitration conducted in Salt Lake City, Utah, United States of America, the parties agree to and do hereby waive any and all judicial remedies on any matter subject to this part, and the following terms and conditions shall govern all arbitrations: (a) Federal law (including the provisions of the Federal Arbitration Act) shall govern and control with respect to any issues relating to the validity of this Agreement to arbitrate and the arbitrability of the claims; (b) A single arbitrator engaged in the practice of law and knowledgeable about the subject matter of the claim shall conduct the arbitration in accordance with the then current rules of the American Arbitration Association (the "AAA"), and all expedited procedures prescribed by the AAA shall apply; (c) The cost of arbitration, including reasonable attorneys' fees, expert witness fees, and costs,  shall be borne by the parties in such proportions as the arbitrator decides; (d) Arbitration awards shall be in writing, contain the names of the parties, summary issues in controversy, and description of the awards issued and shall be held in confidence by the arbitrator and the parties and shall not be made available to the public, except as required  to enforce the decision;  (e) The decision reached by the arbitrator shall be final and binding on the parties, and the judgment may be entered in any court having jurisdiction thereof; and (f) If any party files a judicial or administrative action asserting claims subject to arbitration under this Agreement and another party successfully stays such action and/or compels arbitration of such claims, the party filing the judicial or administrative action shall pay the other party's costs and expenses incurred in seeking such stay or compelling arbitration, including reasonable attorneys' and expert witness fees.  This Agreement is the entire agreement between you and SMI, and supersedes any other prior or contemporaneous agreements (if any), purchase orders, communications, advertising, or representations -- whether oral or written -- concerning the Software.  This Agreement may not be changed except by a written document signed by an authorized representative of SMI which expressly refers to this Agreement.  Any provision hereof found by a court of competent jurisdiction to be invalid, illegal, or unenforceable shall be automatically conformed to the minimum requirements of law and all other provisions shall remain in full force and effect.  Waiver of any provision hereof in one instance shall not preclude enforcement thereof on future occasions.  Headings are for reference purposes only and have no substantive effect.  Termination or expiration of this Agreement shall not relieve any of the parties from performing any obligation which may have accrued prior thereto or which survives by its terms.  Nothing in this Agreement constitutes a waiver of SMI's rights under the United States of America copyright laws or any other Federal or State law, nor of any of SMI's rights under the rules or laws of any country, territory, republic, and/or province.

Should you have any questions concerning this Agreement, or if you desire to contact SMI for any reason, please write to: Sorenson Media, Inc., Customer Support, 13961 South Minuteman Drive, Suite 100, Draper, Utah  USA 84020-8085 or see http://www.sorensonmedia.com/support.
 
squeezesupport@sorensonmedia.com
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