End User License Agreement for DemoRecorder ( This is version 20130120-1 of this agreement which is identical to version 20120916-1 except that the year-number of the Copyright statement in clause 2 has been updated from 2012 to 2013. ) IMPORTANT--READ THESE TERMS CAREFULLY BEFORE DOWNLOADING THIS SOFTWARE. BY DOWNLOADING OR USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, PROMPTLY EXIT THIS PAGE WITHOUT DOWNLOADING THE SOFTWARE. THE SOFTWARE PROVIDED HEREUNDER WILL NOT OPERATE WITHOUT A LICENSE FILE. THIS ALSO MEANS THAT IF YOU RUN IT WITH A FREE TRIAL-LICENSE, THEN IT WILL EXPIRE AND NOT OPERATE AFTER THIRTY (30) DAYS FROM GETTING YOUR FREE TRIAL-LICENSE. THE PURCHASE OF A LICENSE IS REQUIRED TO GET A LICENSE-FILE FOR USE OF THE SOFTWARE AFTER THE THIRTY (30)-DAY TRIAL PERIOD. DURING THE TRIAL PERIOD AND WITHOUT PURCHASE OF A LICENSE, THE SOFTWARE MAY ONLY BE USED FOR EVALUATION PURPOSES. 1. Scope of this License This License covers everything in this distribution except for the files in DemoRecorder/3rdparty. Some of the files in DemoRecorder/3rdparty are covered by the LGPL, cf DemoRecorder/3rdparty/licenses/LGPL, others in DemoRecorder/3rdparty are covered by the license in DemoRecorder/3rdparty/licenses/oggvorbis-license.txt or other licenses. For more details please read the file DemoRecorder/3rdparty/README-licenses.txt . Please Note: To conform with the (L)GPL, we have to provide the source-code for the binaries and libraries in 3rdparty which are covered by the (L)GPL. This source-code can be downloaded from http://DemoRecorder.com/download/3rdparty 2. The software is Copyright (C) 1997-2013 Christian Linhart, Salzburg/Austria/Europe and his licensors. 3. Grant of License for Registered Users Christian Linhart, currently located in Mascagnigasse 8a/5, 5020 Salzburg, Austria/Europe, grants you a non-exclusive, non-transferable license to use the program with which this license is distributed ("DemoRecorder Standard", "DemoRecorder Web", "DemoRecorder Pro" or "DemoRecorder 24/7"), including any documentation files accompanying the Software ("User Guide") on a single server (if the Software is server based) or personal computer to support up to the number of simultaneous users for which you have paid the license fee or for which you otherwise got a valid license, and to make backup copies of the Software and to transfer it over networks, provided that: (i) the Software is installed on only one server or personal computer; (ii) the Software is NOT modified; (iii) the license-manager of the software is neither circumvented nor cracked (iv) you immediately delete outdated license files when they become outdated ( which may become outdated due to moving the license to another computer ) (v) all copyright notices are maintained on the Software; and (vi) you agree to be bound by the terms of this License Agreement. The Software and Documentation shall be used only by you, only for your own personal or internal business use and not in the operation of a service bureau or for the benefit of any other person or entity. 3.1. Additional regulations for a node-locked license If you purchased a node-locked license, you may use it on one fixed computer per license, for an unlimited number of users. If you replace this computer by another computer or if you change your hardware-configuration or your OS-configuration, then you may need another license file. In this case you have to apply to Christian Linhart for a new license file, by giving proof of purchase such as your license activation key. Provided that your change of hardware and the frequency of changes of hardware is reasonable, Christian Linhart will then provide you with a new license file under the condition that you destroy all copies of your old license file. As a way of simplifying this procedure, application for a new license file may currently be done at the website of DemoRecorder.com. 3.2. Site-licenses A site-license is defined as a fixed number of node-locked licenses with some additional regulation concerning maintenance such as a limit for the number of contact persons at your site for support-queries. Please look at the DemoRecorder website for a list of site-license packages and their regulations concerning maintenance or ask. 3.3. Definition of "valid license" "Valid license" with respect to a device means that (i) the license was issued by Christian Linhart or by his Online Shop or Website or by other persons or devices of his company (provided that the devices work properly and are not cracked) or of companies which Christian Linhart has services outsourced to ( e.g. the online shop ), (ii) the license-file manifesting the license has not become outdated due to moving the license to another device. ( i.e. an outdated license file does not define a valid license ) (iii) and the license is currently bound to this device (if it is a device-bound license, see 3.1. for details ) (iv) and the license has not expired ( if it is a temporary license ), (v) and if the license has additional regulations, you comply with these regulations. Currently, license types include * node-locked license, * site-license, * evaluation/welcome/trial license, * temporary license for testing purposes Christian Linhart may add additional license types with other regulations about the use of the software. 4. Ownership You have no ownership rights in the Software. Rather, you have a license to use the Software as long as this License Agreement remains in full force and effect. Ownership of the Software, Documentation and all intellectual property rights therein shall remain at all times with Christian Linhart. Any other use of the Software by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this License Agreement. 5. Copyright The Software and Documentation contain material that is protected by United States Copyright Law and trade secret law and by the Austrian "Urheberrechtsgesetz" and by other applicable laws of Austria and the European Union and by other applicable laws of other countries, and by international treaty provisions. All rights not granted to you herein are expressly reserved by Christian Linhart. You may not remove any proprietary notice of Christian Linhart from any copy of the Software or Documentation. 6. Restrictions a. You may not publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Software or any part thereof. b. You may not reverse engineer, decompile, translate, adapt, or disassemble the Software, nor shall you attempt to create the source code from the object code for the Software. c. You may only use the Software on a device when you have a valid license for this device and, if applicable, for the user using it. ( see 3.3. for a definition of "valid license" ) d. You may not circumvent or crack the license-manager. 7. Use in mission critical environments If you use the Software in mission critical environments, you agree to the following conditions: a. You test the Software yourself with due diligence and with state of the art procedures before you use it in your mission critical environment. This applies to each version of the Software. b. You only use software versions which are described by by Christian Linhart as being intended for mission critical environments. ( So don't download and deploy the newest release from the website unless it is described as being intended for mission critical use. If you download and deploy versions that are not intended for mission critical use, you might download a release which is only intended for non-mission-critical consumer-type or office-type customers. If unsure, please ask.) c. If the applicable jurisdiction does not allow the limitation of the liability according to clause 11 ( i.e. limited to the amount of the license fee paid by you ), then you must cover any risks associated with the use of the Software in your environment with an insurance, and you must pay the insurance cost. d. In any case we strongly recommend that you cover such risks with an insurance. In any case you pay the insurance cost of such an insurance. 8. Confidentiality You acknowledge that the Software contains proprietary trade secrets of Christian Linhart and you hereby agree to maintain the confidentiality of the Software using at least as great a degree of care as you use to maintain the confidentiality of your own most confidential information. You agree to reasonably communicate the terms and conditions of this Software License Agreement to those persons employed by you who come into contact with the Software, and to use reasonable best efforts to ensure their compliance with such terms and conditions, including, without limitation, not knowingly permitting such persons to use any portion of the Program for the purpose of deriving the source code of the Program or defeating the Key. 9. Limited Warranty CHRISTIAN LINHART WARRANTS FOR A PERIOD OF THIRTY (30) DAYS AFTER PURCHASE THAT THE SOFTWARE WILL OPERATE SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION. SHOULD THE SOFTWARE NOT SO OPERATE, YOUR EXCLUSIVE REMEDY, AND CHRISTIAN LINHART'S SOLE OBLIGATION UNDER THIS WARRANTY, SHALL BE, AT CHRISTIAN LINHART'S SOLE DISCRETION, CORRECTION OF THE DEFECT OR REFUND OF THE PURCHASE PRICE PAID FOR THE SOFTWARE. ANY USE BY YOU OF THE SOFTWARE IS AT YOUR OWN RISK. THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY CHRISTIAN LINHART REGARDING THE SOFTWARE. EXCEPT FOR THE LIMITED WARRANTY ABOVE, THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHRISTIAN LINHART DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CHRISTIAN LINHART DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU. If the license which you have purchased includes maintenance, then this maintenance may contain additional warranties for the duration of this maintenance. 10. Maintenance a. A purchased permanent license contains standard maintenance for the first two years after purchase unless otherwise stated. b. Unless otherwise stated, a purchased temporary license contains standard maintenance for the validity period of the temporary license or for the first two years after purchase, whichever is less. c. If you have a valid license where maintenance has expired, you may purchase additional maintenance. d. Free licenses ( such as trial licenses or testing licenses ) do not have maintenance included, but we may provide support on a voluntary bases. e. Pro-edition licenses have priority maintenance instead of standard maintenance, unless otherwise stated. f. 24/7-edition licenses have high priority maintenance instead of standard maintenance, unless otherwise stated. g. Unless otherwise stated, site-licenses of any edition have a limit on the number of contact persons at your side for maintenance services. These limits are published on the website DemoRecorder.com and may be stated in offers. 10.1. "Standard maintenance" contains the following services: (i) Support by email with a maximum reaction time of 5 business days. (ii) Bugfixing service: You will get all bugs fixed which you encounter and report to us and which we can reproduce. And we will work together with you until we get all necessary info for reproducing the bug. This is under the condition that the contact person at your side is sufficiently technically competent to be able to perform tests and send us log files, core-dumps and screenshots. (iii) Updates to newest version of the software without additional costs for that. Delivery of updates is done by download over the Internet. There is no obligation of Christian Linhart to make new releases during any maintenance period. 10.2 "Priority maintenance" is like standard maintenance except as follows: (i) The maximum reaction time is 2 business days. (ii) Support and and bugfixing requests have priority over such requests from Standard-maintenance. 10.3 "High priority maintenance" is like standard maintenance except as follows: (i) The maximum reaction time is 2 business days. (ii) Support and and bugfixing requests have priority over such requests from standard-maintenance and priority-maintenance. 10.4. all types of maintenance contain the following warranties: (i) If the maintenance was included with the license then the period of limited warranty according to clause 9. is extended from 30 days to the whole period of the maintenance. (ii) If the maintenance was purchased extra then a. the period of limited warranty according to clause 9. is extended from 30 days to the whole period of the maintenance, b. and the possible refund mentioned in clause 9. is changed from "purchase price paid for the software" to "purchase price paid for maintenance of the current maintenance period." (iii) If we fail to provide any of the maintenance services as listed above, then your exclusive remedy, and Christian Linhart's sole obligation under this warranty, shall be, at Christian Linhart's sole discretion, delivery of the service or refund of the purchase price paid for the maintenance or, in case of included maintenance, refund of the purchase price paid for the license. 11. Limitation of Liability IN NO EVENT WILL CHRISTIAN LINHART BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF CHRISTIAN LINHART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CHRISTIAN LINHART'S AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU FOR THE SOFTWARE AND DOCUMENTATION. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 12. Export Restrictions THIS LICENSE AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT FROM AUSTRIA OF THE SOFTWARE OR INFORMATION ABOUT SUCH SOFTWARE WHICH MAY BE IMPOSED FROM TIME TO TIME BY THE GOVERNMENT OF AUSTRIA. THIS RESTRICTION APPLIES IN AN ANALOGOUS WAY TO COMPONENTS OF THE SOFTWARE WHICH ORIGINATE IN OTHER COUNTRIES WITH RESPECT TO THAT COMPONENT AND THAT COUNTRY. YOU SHALL NOT EXPORT THE SOFTWARE, DOCUMENTATION, OR INFORMATION ABOUT THE SOFTWARE AND DOCUMENTATION WITHOUT CONSENT OF CHRISTIAN LINHART AND COMPLIANCE WITH SUCH LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS. 13. Termination This License Agreement is effective until it is terminated. You may terminate this License Agreement at any time by destroying or returning to Christian Linhart all copies of the Software and Documentation and license-files and license-keys in your possession or under your control. Christian Linhart may terminate this License Agreement if Christian Linhart finds out that you have violated any of the terms of this License Agreement. Upon notification of termination, you agree to destroy or return to Christian Linhart all copies of the Software and Documentation and license-files and license-keys and to certify in writing that all known copies, including backup copies, have been destroyed. All provisions relating to confidentiality, proprietary rights, and non-disclosure shall survive the termination of this Software License Agreement. 14. Transfer of this agreement from Christian Linhart to another entity: At any time may Christian Linhart transfer all of his rights and obligations of this agreement to another entity provided that this entity is owned and controlled by Christian Linhart and remains this way and that this entity gets intellectual property rights on the software to an extent which is necessary for fulfilling the obligations. This entity can also transfer all rights and obligations to another entity owned and controlled by Christian Linhart or back to Christian Linhart under the same conditions and so on. By accepting this license agreement you automatically agree to any such transfers in the future. 15. General This License Agreement shall be construed, interpreted and governed by the laws of Austria/Europe without regard to conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or relating to this License Agreement shall be an appropriate court sitting in Salzburg, Austria/Europe. This License Agreement shall constitute the entire Agreement between the parties hereto. Any waiver or modification of this License Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this License Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this License Agreement shall be interpreted so as to reasonably effect the intention of the parties.