FLUENDO MP3 PLUG-IN FOR GSTREAMER COMMERCIAL LICENSE 
AGREEMENT BY FLUENDO, S.A. (“FLUENDO”)

IMPORTANT – READ CAREFULLY
THE FOLLOWING LICENSE AGREEMENT AS AMENDED FROM TIME TO TIME AND
AVAILABLE WITH THIS PACKAGE (THE “LICENSE AGREEMENT”)GOVERNS THE 
DOWNLOADING, INSTALLATION AND/OR USE OF FLUENDO’S PROPRIETARY SOFTWARE 
“MP3 PLUG-IN FOR GSTREAMER”, INCLUDING ANY COMPONENTS, 
COPIES, UPDATES,ENHANCEMENTS, UPGRADES OR SUBSEQUENT VERSIONS THEREOF 
THAT MAY BE RELEASED BY FLUENDO (COLLECTIVELY, THE “SOFTWARE”) AND ANY 
ACCOMPANYING MANUALS, HELP FILES AND DOCUMENTATION (THE "DOCUMENTATION").  
PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT AS BY
DOWNLOADING, USING AND/OR INSTALLING THE SOFTWARE YOU (THE “LICENSEE”)
CONSENT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS
LICENSE AGREEMENT. YOU MAY DOWNLOAD, INSTALL AND/OR USE THE SOFTWARE
SUBJECT TO THOSE TERMS AND CONDITIONS AND TO ANY APPLICABLE LAW, BEING
SOLELY LIABLE FOR ANY BREACH THEREOF. IF YOU DO NOT AGREE TO THIS
LICENSE AGREEMENT, FLUENDO DOES NOT GRANT ANY LICENSE TO YOU FOR THE
SOFTWARE AND YOU MAY NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.

GRANT OF LICENSE AND RESTRICTIONS
1. Subject to the Licensee’s acceptance and continued compliance with
   this License Agreement, Fluendo hereby grants the   
   Licensee a non-exclusive, non-transferable limited license to install,   
   use or otherwise benefit from the functionality of the Software in the   
   manner and for the purposes described in the Documentation, on a per   
   computer basis.   

2. Except as expressly authorized by Fluendo in writing, it is forbidden to: 
   (i)   decompile, reverse engineer, disassemble or decode the Software
         or any copy, adaptation, transcription or merged portion of the
         Software; 
   (ii)  attempt to ascertain the source code of the Software or any of its
         components by any means, nor modify, adapt, translate or create
         derivative works based on the Software; 
   (iii) tamper or interfere with the functionality, delivery or operation
         of the Software while using or installing it; 
   (iv)  sell, resell, rent, lease, distribute, transfer, assign, sublicense
         or otherwise deal with the Software, its components, the Documentation
         or any of the rights granted under this License Agreement; 
   (v)   duplicate, reproduce or copy (except for reasonable backup purposes)
         the Software or the Documentation; or 
   (vi)  export or re-export the Software, directly or indirectly, into any
         country prohibited by law.

3. It is prohibited to modify, remove, suppress, or in any other way make
   inconspicuous the copyright, digital fingerprints, watermarks,
   identification labels, legal notices contained within the Software or
   other technical protection devices or data identifying Fluendo’s or its
   licensors rights in the Software, its files or its components.

4. No right is granted herein to any third party to use the Software, to
   the Licensee to use the Software for any third party, or to the Licensee
   to utilize the Software for any purpose whatsoever not described herein. 

OWNERSHIP
5. Save for the right to use the Software and the Documentation
   expressly provided for in this License Agreement, the Licensee agrees
   and acknowledges that all title to and rights in the Software, its
   components, structure, databases, source code or design, and in the
   Documentation, including without limitation all copyright trademarks,
   trade secrets, patents, and all other intellectual or industrial
   property rights and other confidential or proprietary information
   contained therein remain the property of Fluendo or its licensors.

LIABILITY
6. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND PROVIDED THAT LIABILITY   
   SHALL NOT BE EXCLUDED OR LIMITED IN RESPECT OF MALICIOUS INTENT OR GROSS   
   NEGLIGENCE, FLUENDO HEREBY EXCLUDES ALL LIABILITY IN RESPECT OF:   

a) ANY LOSS, DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY
   CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST
   SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, OR CLAIMS BY
   A THIRD PARTY, EVEN IF A FLUENDO REPRESENTATIVE HAS BEEN ADVISED OF THE
   POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS.
b) DAMAGES, CLAIMS OR LIABILITIES ARISING OUT OF ANY OF THE FOLLOWING:
   (i)   THE CONTENT (INCLUDING WITHOUT LIMITATION ITS NATURE OR ANY
         INTELLECTUAL PROPERTY RIGHTS THEREIN) AND/OR ANY OTHER DATA, IMAGES,
         VIDEOS OR SOUNDS WHATSOEVER THAT THE LICENSEE MAY ACCESS OR TRANSMIT
         USING THE SOFTWARE;
   (ii)  LIABILITY TO ANY EMPLOYER, PRINCIPAL, CLIENT, LESSOR OR PROVIDER OF
         COMPUTER EQUIPMENT OR FACILITIES, ARISING OUT OF THE INSTALLATION OF OR
         USE OF THE SOFTWARE;
   (iii) ANY CHARGES WHICH THE LICENSEE MAY INCUR TO ANY TELECOMMUNICATIONS
         SERVICE OR NETWORK.

7. FLUENDO EXPRESSLY EXCLUDES ALL LIABILITY IN CONNECTION WITH ANY THIRD
   PARTY APPLICATIONS OR THIRD PARTY COMPONENTS THAT MAY BE INCLUDED WITHIN
   THE SOFTWARE, OR YOUR USE THEREOF.

8. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLUENDO’S AGGREGATE LIABILITY
   AND THAT OF ITS AFFILIATES AND SUPPLIERS UNDER OR IN CONNECTION WITH
   THIS LICENSE AGREEMENT WILL BE LIMITED IN ANY CASE TO THE AMOUNT PAID
   FOR THE SOFTWARE, IF ANY, OR, IF HIGHER, TO THE MINIMUM AMOUNT
   STIPULATED BY A COMPULSORY LAW.

INDEMNITY
9. BY DOWNLOADING, INSTALLING, USING OR UNINSTALLING THE SOFTWARE, THE
   LICENSEE HEREBY AGREES TO, AT ITS OWN EXPENSE, INDEMNIFY, DEFEND AND
   HOLD HARMLESS FLUENDO, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, ITS
   BUSINESS PARTNERS, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS,
   EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES,
   INJURIES, CAUSES OF ACTION, CLAIMS, DEMANDS AND EXPENSES, INCLUDING
   LEGAL FEES AND EXPENSES, OF WHATEVER KIND OR NATURE ARISING OUT OF,
   RELATING TO OR RESULTING FROM ANY CLAIM ARISING FROM OR RELATING TO (I)
   ANY BREACH BY THE LICENSEE OF THIS LICENSE AGREEMENT; OR (II) THE
   LICENSEE’S DOWNLOAD, INSTALLATION, USE OR UNINSTALLATION OF THE
   SOFTWARE.

TERMINATION
10. This grant of license begins upon acceptance by the Licensee, either
    expressly or through use or possession of the Software, and shall
    continue until terminated as provided in this License Agreement.

11. The Licensee may terminate this License Agreement at any time by
    uninstalling the Software and destroying all copies of the Software.
    Upon any termination, the Licensee agrees to uninstall the Software and
    return or destroy all copies of the Software, the Documentation, and all
    other associated materials.

12. The Licensee’s failure to comply with any of the terms and conditions
    of this License Agreement terminates the Licensee’s right to use the 
    Software and/or the Documentation, and the Licensee will not receive a 
    refund.

CONFIDENTIALITY
13. The Software, the Documentation, the terms of this License Agreement
    and any other related material or data disclosed by Fluendo to the
    Licensee will be confidential (“Confidential Information”) and the
    Licensee will not disclose such Confidential Information in any form to
    any third party without the express written consent of Fluendo, except
    to the extent that such information: (a) is previously known to the
    Licensee; (b) becomes publicly known or independently generated through
    no breach of this obligation; (c) is acquired by the Licensee from a
    third party which was not under an obligation to Fluendo not to disclose
    such information; or (d) is required to be disclosed by a court or
    regulatory or legislative order or provision.

14. The Licensee will keep the Software and the Documentation in
    confidence in perpetuity, will take all measures necessary to protect
    and maintain the confidential and proprietary character of the Software
    and the Documentation, and will indemnify Fluendo from all losses and
    damages resulting from unauthorized or improper disclosure,
    dissemination or use of the Software or the Documentation, as a result,
    in whole or in part, of the Licensee’s action or inaction.

GENERAL
15. This License Agreement contains the entire agreement between the
    Licensee and Fluendo with respect to the subject matter hereof and
    supersedes all prior agreements, negotiations, representations of any
    kind and proposals, written and oral, relating to its subject matter.

16. If any provision of this License Agreement is declared by a court of
    competent jurisdiction to be invalid, illegal or unenforceable, such
    provision shall be severed from this License Agreement and the other
    provisions shall remain in full force and effect.
    
17. All notices given by either party to the other pursuant to this
    License Agreement shall be in writing and delivered at its principal
    place of business by fax or delivery service (in either case with
    acknowledgement of receipt).

18. The waiver or failure of Fluendo to exercise in any respect any
    rights provided for in this License Agreement shall not be deemed a
    waiver of any actual or further right under this License Agreement.

19. This License Agreement shall be governed by and construed in
    accordance with the laws of Spain, and the parties submit to the
    exclusive jurisdiction of the Courts and Tribunals of Barcelona in
    connection with all matters arising under this License Agreement.

FLUENDO, S.A.
C.I.F.: A-64001217
World Trade Center Edificio Norte, 2 pl.
08039 Barcelona
