Software Licenses

IMPORTANT: READ THIS AGREEMENT CAREFULLY AND REVIEW THE FULL PRODUCT MANUAL AND SAFETY INFORMATION AT WWW.SKREENS.COM BEFORE POWERING UP YOUR SKREENS PRODUCT FOR THE FIRST TIME. THIS LICENSE AGREEMENT AND WARRANTY STATEMENT IS THE LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU (“YOU”) AND SKREENS, INC. (“SKREENS”) GOVERNING YOUR USE OF THE SKREENS UNIT (“SKREENS PRODUCT”), THE SOFTWARE INSTALLED ON THE SKREENS PRODUCT (“SOFTWARE”) AND RELATED DOCUMENTATION. IF YOU (1) POWER UP YOUR SKREENS PRODUCT FOR THE VERY FIRST TIME (2) OTHERWISE USE THE SKREENS PRODUCT, OR (3) KEEP (AND DO NOT RETURN) THE SKREENS PRODUCT PAST THE DATE THAT IS THIRTY (30) DAYS AFTER YOUR ORIGINAL PURCHASE DATE, YOU ARE INDICATING THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT GRANTED ANY RIGHTS WHATSOEVER IN THE SOFTWARE CONTAINED WITHIN THE SKREENS PRODUCT AND YOU HAVE NO RIGHT TO USE THE PRODUCT. If you are not willing to be bound by these terms and conditions, you should not use the Skreens Product and should immediately return it. In that case, Skreens will refund the purchase price you have paid to Skreens for the Skreens Product; provided that you return the Skreens Product in accordance with Skreens’s return policies described herein or otherwise provided on Skreens’s website at www.Skreens.com. The policies and other contents of the web sites referred to in this Agreement may be changed by Skreens and its suppliers at any time at their sole discretion. See www.Skreens.com for details. Third Party Notices Some of the technology used in the Skreens Product is subject to third party licenses, which require that you be given the following notices: THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NONCOMMERCIAL USE OF A CONSUMER TO (I) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (II) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NONCOMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE WWW.MPEGLA.COM. THIS PRODUCT IS LICENSED UNDER THE VC-1 PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (I) ENCODE VIDEO IN COMPLIANCE WITH THE VC-1 STANDARD (“VC-1 VIDEO”) AND/OR (II) DECODE VC-1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NONCOMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE VC-1 VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE WWW.MPEGLA.COM. See also Separately Licensed Code below. License Subject to the terms of this Agreement, Skreens grants you a nonexclusive, nontransferable license to run the software provided with the Skreens Product and any updated versions provided by Skreens (“Software”) only on and as incorporated in the Skreens Product. This is a license and not a sale. You shall not (i) copy or distribute, sublicense, lease, rent or otherwise transfer the Software to any third party except with and incorporated in the Skreens Product, and then not for value; (ii) modify, adapt, alter, translate, or create derivative works of the Software except to the extent Skreens may, in certain jurisdictions, be required by law to permit reverse engineering and provided that the provisions of such law may not be waived or conditioned on prior request for information regarding interoperability; (iii) decompile, disassemble, reverse engineer or otherwise derive source code, or attempt to derive source code, from the Software; or (iv) have any of the foregoing done for you by a third party. The Software and all intellectual property rights therein, are the exclusive property of Skreens or its suppliers. Skreens reserves the right to update the Software at any time, at its sole discretion, including adding, changing or removing functionalities and features, including but not limited to changing the user interface. All rights in and to the Software not expressly granted to you in this Agreement are reserved by Skreens. Separately Licensed Code Notwithstanding the other provisions of this Agreement, certain components of the software included with the Skreens Product are subject to separate license terms, including “free” or “open source” software (“Separately Licensed Code”). Some of the Separately Licensed Code is licensed under the terms and conditions of the “free” or “open source” license and is not subject to the License above or the Limited Warranty below. As required by the terms of the relevant Separately Licensed Code licenses, Skreens makes the “free” and “open source” code provided under such licenses, and Skreens’s modifications to such code, available on Skreens’s website, at no charge. The following Separately Licensed Code is included: This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (www.openssl.org/).