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Click Wrap License Agreement (“Agreement”)
IMPORTANT - READ CAREFULLY BEFORE CLICKING THE “I ACCEPT” BUTTON BELOW.
BY CLICKING THE “I ACCEPT” BUTTON BELOW, YOU (EITHER AN INDIVIDUAL OR A LEGAL ENTITY) ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK THE “I ACCEPT” BUTTON BELOW.
THIS IS A LICENSE AND NOT A SALE. THIS SOFTWARE (“SOFTWARE”) IS PROVIDED UNDER THE FOLLOWING LICENSE TERMS AND CONDITIONS WHICH DEFINE WHAT YOU CAN AND CANNOT DO WITH THE SOFTWARE, AS WELL AS CONDITIONS AND LIMITATIONS ON WARRANTIES AND REMEDIES.
1. DEFINITIONS. “Documents” as used in this Agreement, means product descriptions, program descriptions, users’ manuals, technical manuals, and any other writings related to Software.
2. PURPOSE OF THE AGREEMENT. This Agreement is intended to define the rights and duties of YOU with respect to its internal evaluation and demonstration of Software.
3. OWNERSHIP. NexStreaming Corp. (“NexStreaming”) is the owner of or has the right to use Software, all copies of Software and all intellectual property rights in Software, including, but not limited to patent rights, trade secret rights, copyrights, and trademarks relating thereto.
4. GRANT OF LICENSE. Subject to the terms of this Agreement, NexStreaming hereby grants to YOU a non-exclusive and non-transferable license (without right of sublicense) to use Software and Documents for its internal evaluation and demonstration to its potential customers only. YOU may make a reasonable number of copies, but no more than 5 copies, of Software and Documents, for its internal use only, provided any copy must contain all of the original proprietary notices or legends which appear on the original.
5. LICENSE RESTRICTIONS. YOU agree to the following:
(a) YOU shall maintain as confidential and shall NOT use, publish or disclose Software or Documents, except as expressly permitted by this Agreement.
(b) YOU shall NOT remove any copyright notices, confidentiality notices, proprietary markings, notices, labels, trademarks or trade names of NexStreaming or an entity designated by NexStreaming from Software or any Documents.
(c) YOU shall NOT: (i) permit or assist a third party to use Software; (ii) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) Software or Documents or create derivative works based upon Software or Documents, or permit or assist a third party to do so; (iii) redistribute Software and Documents unless YOU has separately entered into an express, written distribution agreement with NexStreaming permitting it to do so; or (iv) rent, lease, transfer, or otherwise transfer Software or Documents or rights therein.
(d) YOU shall only use Software and Documents in a manner that complies with all applicable laws in the jurisdictions in which YOU use Software and Documents, including but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
(e) YOU shall NOT use Software in an attempt to, or in conjunction with, any device, program or service designed to circumvent technological measures employed to control access to, use, or the rights in, a content file or other work protected by the intellectual property related laws of any jurisdiction.
6. WARRANTY AND WARRANTY DISCLAIMER. THE SOFTWARE IS LICENSED TO YOU ON AN “AS IS” BASIS. NEXSTREAMING MAKES NO OTHER WARRANTIES AS TO THE USE OR OPERATION OF NEXSTREAMING’S TECHNOLOGY AND FURTHER DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
7. TERM AND TERMINATION. The license rights granted above are effective from the date the Software is downloaded and for six (6) months thereafter. Upon expiry or termination of the license granted herein, YOU must immediately destroy Software and Documents, together with all copies, adaptations and merged portions in any form or return same to NexStreaming, at NexStreaming’s option. The provisions of Section 7 shall survive termination of this Agreement.
8. MODIFICATION OF AGREEMENT. The terms and conditions contained in Agreement may be modified only by a writing signed by the duly authorized representatives of both parties, provided that NexStreaming shall be entitled to modify or update the Software with mere confirmation of YOU.
9. GOVERNING LAW AND DISPUTE RESOLUTION. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Korea. The parties hereby agree that any and all disputes arising from, and related to, this Agreement shall be resolved in Seoul District Court.
(a) YOU will be fully accountable and responsible for actions of any of its officers, employees, subsidiaries or affiliates, which constitute a breach of its obligations under this Agreement, whether such actions are authorized or not. YOU undertakes, at its own expense, to enforce the obligations under this Agreement against such employees, subsidiaries, affiliates, business partners, and clients.
(b) YOU may not assign any of its rights, obligations or privileges hereunder without the prior written consent of NexStreaming.
(c) Waiver by either party of a breach of any provision of Agreement or the failure by either party to exercise any right hereunder will not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right. The relationship of the parties hereunder is that of independent contractors. In the event that any provision of Agreement is held to be unenforceable, Agreement will continue in full force and effect without said provision and will be interpreted to reflect the original intent of the parties.
10. OPENSOURCE AND THIRD PARTY SOFTWARE. The Software may contain one or more of the following open source and third party software.
- AMR-WB decoders were produced by modifying Android (http://source.android.com/download) which is licensed under Apache License 2.0. You may obtain a copy of the Apache License at http://www.apache.org/licenses/LICENSE-2.0.
- FLAC decoder and file format were produced by modifying source codes (libFLAC) at http://flac.sourceforge.net/download.html which is licensed under BSD-like license. (Refer to http://flac.cvs.sourceforge.net/*checkout*/flac/flac/COPYING.Xiph)
- Vorbis decoder was produced by modifying source codes at http://xiph.org/vorbis/ which is licensed under BSD 2.0 license. (Refer to http://www.xiph.org/licenses/bsd/)
- VP8 decoder was produced by modifying source codes (libvpx-v0.9.5.zip) at http://code.google.com/p/webm/downloads/list under BSD 2.0 License.
- Theora decoder was produced by modifying source codes downloaded from http://www.theora.org/downloads under BSD 2.0 and libtheora licenses.
- AES-128 (for HTTP Live Streaming) was implemented based on open source code "fast cryptography (http://fastcrypto.org/)".
- SSL (Secured Socket Layer) (for HTTPS) was utilized by using the code from OpenSSL (http://www.openssl.org/) which is licensed under both the conditions of the OpenSSL License and the original SSLeay license. (http://www.openssl.org/source/license.html)
- GZIP decoder for HLS protocol (to get playlists) was produced by modifying the code from http://www.zlib.net/ , which is licensed under zlib license http://www.zlib.net/zlib_license.html.
- NexPlayer UI sample code for Android was implemented based on open source code (http://source.android.com/source/download.html) which is licensed under Apache License 2.0. You may obtain a copy of the Apache License at http://www.apache.org/licenses/LICENSE-2.0.
- DivX3.11 and MS MPEG-4 v3 decoders were produced by modifying source codes licensed from DivX Inc. under Technology Implementer License Agreement.
- WMA9 Standard, WMA10 Pro, WMA9 Voice, WMV9, VC-1, WMV7/8 decoders are audio and video data compression technologies developed by Microsoft, and these decoders are licensed under Windows Media Components Interim Product Agreement. (Refer to http://www.microsoft.com/windows/windowsmedia/licensing/licensing.aspx)
- WMA8 Standard encoder is data compression technologies developed by Microsoft, and this encoder was licensed under Windows Media Components Interim Product Agreement. (Refer to http://www.microsoft.com/windows/windowsmedia/licensing/licensing.aspx)
- DTS decoder was licensed under “Licensing Limited Software License Agreement” with DTS Licensing Limited
- Dolby AC3 decoder was licensed under “Implementation Licensing Agreement” with Dolby, Inc.
- Verimatrix VCAS
- MS IIS Smooth Streaming
SOFTWARE LICENSE AGREEMENT
This Software License Agreement (“Agreement”) is made by and between;
_____________, a [ ] corporation, with its principal place of business at ________________ (“LICENSEE”) and NexStreaming Corp., a Korean corporation, with its principal place of business at 5th Fl. Kunyoung Bldg., 56 Baumoe-ro 37-gil, Seocho-gu, Seoul, Korea (“NexStreaming”).
WHEREAS, NexStreaming has developed and owns or has right to license certain software which it is willing to license to its customers; and
WHEREAS, LICENSEE is ______________________________________; and
WHEREAS, NexStreaming is willing to grant to LICENSEE a license to use the Software (as defined below) in object code form for LICENSEE Products and a right to furnish copies of such Software in object code form to its customers solely for use with LICENSEE Products, NOW, THEREFORE, in consideration of the mutual covenants set forth hereinbelow, the parties agree to the following terms and conditions:
"Software" shall mean the software identified in Exhibit A of this Agreement. Software shall not include the Upgrade.
"Effective Date" shall mean the date set forth on the signature page of this Agreement.
“Upgrade” shall mean major enhancements or new functionalities which are added into the Software and which are incorporated in a new release of the Software. Upgrades can be delivered to LICENSEE upon separate commercial terms and conditions to be agreed upon. “Upgrade” is differentiated from the term “Standard Upgrade” as described in Exhibit B.
“License Period” for each Software shall mean the period of LICENSEE’s use of that Software, which shall be for a period of one(1) year commencing from the delivery of that Software to LICENSEE.
Grant of Rights
NexStreaming grants a non-transferable and non-exclusive license to LICENSEE to use the Software to 1) make any appropriate operations on the Software to have it integrated into LICENSEE Products, 2) demonstrate the resulting LICENSEE Products to possible authorized sub-licensees, 3) distribute to Authorized Sub-Licensee, on a sublicense basis, LICENSEE Products embedding the Software for the use by the Authorized Sub-Licensee always under the commercial conditions of this agreement and with a prior written authorization from NexStreaming (i.e. via eMail).
LICENSEE agrees to use the Software in compliance with all applicable laws, ordinance, rules and regulations.
Except as expressly provided in Sections 2.1, NexStreaming does not grant to LICENSEE a right to use the Software in source code or object code form, or its algorithms for any products other than for LICENSEE Products.
LICENSEE shall not reverse translate, decompile, or disassemble the Software or attempt to derive the source code from the Software, in whole or in part.
In consideration for the rights granted under Section 2, LICENSEE shall pay license fee to NexStreaming pursuant to Exhibit B.
Failing payment on time as mentioned here above, LICENSEE shall be deemed to be in default. In such case, LICENSEE shall be liable for interest at the rate of fifteen percent (15%) per annum of the total amount due.
All payments to NexStreaming shall be made without deduction based on foreign exchange control restrictions, import duties, bank fees, value-added taxes, withholding taxes or other taxes.
NexStreaming will deliver the Software generated with an application ID that LICENSEE has informed, in which case the Software will work with such application only.
Trademarks, Title and Copyright
Any Software provided hereunder is protected by copyright law and international treaty provisions. Nothing herein entitles LICENSEE to use NexStreaming trademarks or trade names with respect to the Software. NexStreaming shall retain all rights and ownership in the Software and all related patents, trademarks, copyrights, trade secrets, confidential information, and any other proprietary rights which NexStreaming is entitled or possesses whether now or hereafter acquired.
"Confidential Information" shall mean any and all technical and non-technical documents and information provided by NexStreaming to LICENSEE under this Agreement including those related to the product such as patent, copyright, trade secret and proprietary information, techniques, algorithms, software programs, documentation and other information and those related to the business such as financial information, procurement requirements, customer lists, business forecasts, and marketing plans.
LICENSEE shall at all time, both during the term of this Agreement and for ten (10) years thereafter, keep in confidence all Confidential Information, and shall not use such Confidential Information except as provided herein. LICENSEE shall not disclose Confidential Information to any party except its employees and independent contractors who have a need to know such Confidential Information for purposes permitted under this Agreement and who are obligated to maintain the Confidential Information in confidence under terms and conditions at least as restrictive as those contained herein. LICENSEE shall take reasonable measures to maintain the confidentiality of the Confidential Information, but not less than the measures it uses for its own confidential information of similar type.
LICENSEE will immediately notify NexStreaming of any unauthorized use or disclosure of the Confidential Information. LICENSEE agrees to assist NexStreaming in remedying such unauthorized use or disclosure of the Confidential Information.
Both parties agree that the mere existence this Agreement itself shall not be considered as Confidential Information, except as expressly otherwise stated in this Agreement.
Warranty and Liability
NexStreaming warrants that it has the right to grant the licenses contained in this Agreement.
LICENSEE acknowledges that the Software is of such complexity that it may have inherent defects, and agrees that if any defects in the Software exist, as LICENSEE’s exclusive remedy and NexStreaming’s sole responsibility, NexStreaming shall use its best effort to eliminate any significant defects reported to it by LICENSEE in writing. This warranty shall expire one (1) year after the Effective Date of this Agreement.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEXSTREAMING MAKES, AND LICENSEE RECEIVES, NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEXSTREAMING DOES NOT WARRANT THAT ANY OR ALL FAILURES, DEFECTS OR ERRORS WILL BE CORRECTED, OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET CUSTOMER’S REQUIREMENTS. LICENSEE ACKNOWLEDGES THAT NEXSTREAMING HAS MADE NO REPRESENTATIONS REGARDING WARRANTY OR LIABILITY OTHER THAN AS STATED IN THIS AGREEMENT.
NEXSTREAMING SHALL NOT BE LIABLE TO LICENSEE OR TO ANY OF LICENSEE'S SUBLICENSEES, CUSTOMERS, OR END-USERS FOR ANY LOSS OF PROFIT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE LICENSING OR USE OF THE SOFTWARE OR FOR ANY ERROR OR DEFECT IN THE SOFTWARE. The maximum liability of NexStreaming arising out of or in connection with any license, use or other employment of any Software delivered to LICENSEE under this Agreement, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual amounts paid to NexStreaming by LICENSEE during the twelve (12) months prior to the date such claim arose for the Software.
Support and Maintenance
Upon election by LICENSEE and provided LICENSEE has paid the support and maintenance fees listed in Exhibit B, following services are available to LICENSEE. Said services shall be provided during normal business hours (Korean Time), Mondays through Fridays (excluding Korean legal holidays).
Remote support (non-defect or application support): NexStreaming shall provide telephone consulting services and/or written support services through fax, email or other manner to LICENSEE’s designated personnel to provide such personnel with application support relative to the Software, being the assistance, beyond defect support, regarding the incorporation of the Software in the LICENSEE Products. NexStreaming will analyse the claim of LICENSEE and inform LICENSEE of the result of its analysis. If further investigation is needed, NexStreaming will inform LICENSEE as soon as possible of the results thereof. NexStreaming shall also give advice and appropriate suggestions to improve the quality of the LICENSEE Products.
Maintenance (defect support): NexStreaming shall provide telephone consulting services and/or written support services through fax, email or other manner to LICENSEE’s designated personnel to provide such personnel with defect support relative to the Software, being the provision of assistance regarding suspected defects or errors in the Software. NexStreaming will analyse the claim of LICENSEE and inform LICENSEE of the result of its analysis. NexStreaming shall also provide, when it is available within NexStreaming, any change to the Software that makes minor enhancements and/or corrections for any bug, problem, issue and/or dysfunction. All of such change, when delivered and/or installed, shall be considered “Software” for purposes of this Agreement.
NexStreaming will, during the term of technical support, upon written request from LICENSEE (and subject to NexStreaming's consent to such request) or upon consultation with LICENSEE in case NexStreaming deems it necessary for the purpose of this Agreement, dispatch its engineers to LICENSEE to give technical assistance in the use of Software. All costs and expenses of NexStreaming's personnel dispatched to LICENSEE shall be borne or reimbursed to NexStreaming by LICENSEE, including, but not limited to, man-day charge (USD 500 per day), round trip airfare and suitable accommodations, all living, meal, traveling and transportation expenses and other charges in connection with the performance of their duties hereunder.
NexStreaming shall indemnify and defend LICENSEE against any claim that the Software infringes any third party patent, copyright, trade secret or other intellectual property right when used in accordance with the terms of this Agreement, provided however that LICENSEE shall give NexStreaming prompt notice of such claim and shall give information, reasonable assistance and authority so that NexStreaming may defend or settle the claim. NexStreaming shall have the right, at its option, either to obtain for LICENSEE the right to continue using the Software, to substitute other software with equivalent functional capabilities, to modify the Software so that the Software is no longer infringing while retaining equivalent functions, or to terminate this Agreement and refund all royalties paid by LICENSEE under this Agreement.
Notwithstanding the above, LICENSEE acknowledges and agrees that the Software has been developed based on industry recognized standards, including, but not limited to, the JPEG standard, MPEG standards, and software programs published by industry recognized standards bodies and that this Agreement does not convey or grant a license to any intellectual property rights owned by third parties in relation to the standards for which LICENSEE is solely responsible for receiving a license from the holders of such intellectual property rights.
Notwithstanding the above, LICENSEE acknowledges that the software listed in Exhibit A (“Third Party Software”) is licensed from third parties, and hereby agrees to receive the license from the relevant third parties to use such software.
Notwithstanding the above, LICENSEE acknowledges that the software listed in Exhibit A (“Public Software”) has been developed using the open source that are freely distributed under the relevant license, and agrees to comply with the requirements specified in the license.
LICENSEE agrees that NexStreaming may issue a press release upon shipment of its first product using the Software, or sooner, as mutually agreed upon by both parties.
Term and Termination
This Agreement shall be effective on the Effective Date and shall continue in effect for one (1) year thereafter and shall be automatically renewed for consecutive one (1) year unless either party provides the other party with the notice of non-renewal at least thirty (30) days prior to the end of the then current term.
Either party may terminate this Agreement for material breach by providing thirty (30) days written notice to the breaching party, unless the breach is corrected during such thirty (30) day period.
Upon termination or cancellation of this Agreement, all rights granted by this Agreement shall revert to NexStreaming and LICENSEE shall cease all use of the Software. LICENSEE shall destroy or deliver to NexStreaming within fifteen (15) days of termination all full or partial copies of the Software in LICENSEE's possession or under its control and will warrant to NexStreaming such destruction or delivery.
No termination or cancellation of this Agreement shall affect the obligation of LICENSEE to pay to NexStreaming all royalties that have become due hereunder.
All notices, requests, and other communications in connection with this Agreement shall be deemed given (i) five days after being deposited in the mail, postage pre-paid, certified, or registered, return receipt requested, or (ii) one day after being sent by overnight courier, charges pre-paid, with a confirming fax; and addressed as set forth below or to such other address as the party to receive the notice or request so designates by written notice to the other.
If to NexStreaming: NexStreaming Corp. 5th Fl, Gwanseong Bldg., 831-47, Yeoksam-dong, Kangnam-gu, Seoul, Korea Attn : Jim Jin Facsimile : +82-2-21945333 Mail : [email protected] If to LICENSEE:
The parties to this Agreement will work together in good faith to remedy any technical, business, legal or other difficulties which may arise in connection therewith. In the event disputes do arise between the parties, out of or in relation to or in connection with this Agreement or for the breach thereof, they shall be finally settled by arbitration in Seoul, Korea, in accordance with the Commercial Arbitration Rules of the Korean Commercial Arbitration Board by one or three arbitrators appointed in accordance with the said Rules. The award rendered by the arbitrator(s) shall be final and binding upon both parties concerned.
This Agreement shall be governed by the laws of Republic of Korea.
The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted.
The failure of either party to insist, in any one or more instances, upon the performance of any of the terms of this Agreement or to exercise any right hereunder, shall not be construed as a waiver of the future performance of any such term or the future exercise of such right.
Whenever any occurrence (e.g. an event of force majeure) is delaying or threatens to delay either party’s timely performance under this Agreement, such party will promptly give notice thereof, including all relevant information with respect thereto, to the other party.
This Agreement sets forth and shall constitute the entire agreement between LICENSEE and NexStreaming with respect to the subject matter thereof, and shall supersede any and all prior agreements, understandings, promises and representations made by one party to the other concerning the subject matter herein and the terms and conditions applicable thereto. This Agreement may not be released, discharged, supplemented, interpreted, amended or modified in any manner except by an instrument in writing signed by a duly authorized officer or representative of each of the parties hereto as is specially provided elsewhere in this Agreement.
In making and performing this Agreement, the parties act and shall act at all times as independent contractors and nothing contained in this Agreement shall be construed or implied to create the relationship of partner or of employer and employees between the parties. At no time shall either party make commitments for or in the name of the other party.
Either party is not allowed to assign the license rights granted hereunder without the other party’s prior written consent, which shall not be unreasonably withheld.
All notices under this Agreement shall be sent to the address here above mentioned. All such notices shall be deemed to be received by the other party three (3) days after the postal date or on the date of signature of the receipt of delivery by a courier mail company.
The Addenda referenced in this Agreement, and the specifications referenced therein, as well as other documentation referenced in this Agreement which define the obligations of the parties, are a part of this Agreement with the same force and effect as if fully set forth herein.
The Effective Date of this Agreement is from 11th of March,2019_.
IN WITNESS WHEREOF, the parties have caused their duly authorized representatives to execute and deliver this Agreement as of the Effective Date.
The Software to be provided by NexStreaming is as below:
NexPlayer SDK on android and iOS Basic Functionalities Start (from beginning or anywhere) Pause/Resume Seek Select Media Stream (multi-audio/video/subtitle) Turn on/off Media Stream Advanced Functionalities H.264 aspect-ratio H.264 SEI Header Parsing Eye-pleaser (seamless frame skipping method) ID3 Tags (including Private Frame Data) Set video output position Adjust audio output volume Set subtitle display property Fast Play Generate playback statistics information Protocols HTTP Live Streaming (HLS) HLS v06 VOD Live Rate Adaptation CEA-608 Subtitle CES-708 Subtitle WebVTT Subtitle AES-128 Decryption Multi-Video/Audio Track (HLSv04) I-Frame only Track (HLSv04) Offline Playback TimedMeta Server-Side TimeShift Client-Side TimeShift Specify Start Track Restrict maximum bandwidth Restrict minimum bandwidth HEVC codec AC3 codec HTTP Redirection HTTP digest authentication Cookie Manipulation GZip Generate streaming statistics information
DASH VOD Live CMAP Rate Adaptation TTML Subtitle Server-side TimeShift Client-side TimeShift Offline Playback Offline store without playback Specify Start Track Restrict maximum bandwidth Restrict minimum bandwidth HTTP Redirection HTTP digest authentication Cookie Manipulation Gzip Proxy
Progressive Download Streaming mode Download(Store) and Play mode Chunked Transfer Encoding (CTE) HTTP Redirection Cookie Manipulation GZip
Local Playback MP4/PIFF MP3 ASF/WMV AVI AAC MPEG-TS OGG FLAC FLV QCELP CFF
Video Codecs H.264 HEVC (H.265) H.263 MPEG-4
Audio Codecs AAC-LC HE AAC (AAC LC+SBR) HE AAC v2 (AAC-LC + SBR + PS)
Subtitles External Subtitle (smi, srt, sub) 3gpp timed text TTML Image based closed caption at TTML DXFP CEA-608 CEA-708 WebVTT
Supporting OS: Latest version of Android and iOS at contract signature. The Software supporting higher versions of Android may be provided to LICENSEE when it is available within NexStreaming.
NexPlayer HTML5 player Support major PC Browsers like Chrome, IE/EDGE, Firefox, Safari.
Third Party Software
LICENSEE acknowledges that AAC/AAC+/eAAC and AMR-NB decoders are developed using the open source which are licensed under APACHE license as attached below and agrees to comply with the requirements specified in APACHE license.
AES-128 (for HTTP Live Streaming) was implemented based on open source code "fast cryptography (http://fastcrypto.org/)
UI sample code of NexPlayer Downloadable SDK for Android was implemented based on open source code (http://source.android.com/source/download.html) which is licensed under Apache License 2.0.
AMR-NB decoders were produced by modifying Android (http://source.android.com/download) which is licensed under Apache License 2.0
GZIP decoder for HLS protocol (to get playlists) was produced by modifying the code from http://www.zlib.net/ , which is licensed under zlib license http://www.zlib.net/zlib_license.html.
Apache License Version 2.0, January 2004 http://www.apache.org/licenses/
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions. "License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License. "Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity. "You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.
"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files. "Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types. "Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below). "Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof. "Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution." "Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.
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Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at
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EXHIBIT B LICENSE PRICE
License Fee for NexPlayer SDK on android and iOS
Upon the Effective Date, LICENSEE shall pay to NexStreaming a non-refundable annual license fee of USD 42,000 for the first application enabled to use the Software inside (application identified with a unique application package ID). The License fee shall be paid in thirty(30) days upon the issue of invoice for the payment.
License fee for NexPlayer HTML5 Player SDK
Upon the Effective Date, LICENSEE shall pay to NexStreaming a non-refundable annual
license fee of USD 8,000 for the first web domain enabled to use the Software inside. The License fee shall be paid in thirty(30) days upon the issue of invoice for the payment.
Support and Maintenance Fee The License Fee includes all fees for the Support and Maintenance as mentioned in Section 8.1 of this Agreement and Standard Upgrades Fees. “Standard Upgrade” hereunder shall mean standard enhancement and bug fixing.