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dsj - DirectShow <> Java wrapper Copyright 2005-10 Nils Peters Humatic GmbH Leuschnerdamm 19 10999 Berlin Germany This software is copyrighted. The authors at Humatic GmbH, Berlin, Germany. retain the copyright, title and ownership of the provided software. You are not permitted to sell, lease, decompile or modify the software provided in dsj.jar/dsj.dll without the written permission of the authors. DSJ IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OR LIABILITY. THE ENTIRE RISK AS TO THE RESULTS OF THE USAGE OF THE SOFTWARE IS ASSUMED BY YOU. The provided software may be used in non-commercial applications free of charge, given that copyright notes & credits are maintained and clearly stated throughout the application's documentation, about boxes etc.. The provided software may be redistributed with non-commercial applications after such use has been registered on the dsj website. This will also unlock encoding and file capture functionality, which otherwise will run in demo mode. These rights are limited to the current version of the software and do not include the right to upgrades, updates or further developed versions. Versions of the dll, that are not fully unlocked will timeout after a year. Any form of commercial use of the provided software requires licensing. Non-commercial means that you are not getting compensated in any form for the products and/or services you develop using dsj. Non commercial applies to: Students who want to use dsj in their class projects. Artists that work on no-budget projects. Private research or hobby projects. Non-commercial - besides the very obvious cases - does for example not apply to : Teachers / Professors who want to use dsj for their coursework (as a teacher is paid for his job). Any form of use, where the library is not sold, but deployed in environments that are in any way corporately or publically funded or are in any other way generating revenue. This includes academic research etc. Below you find a copy of the standard (and to be negotiated in detail) binary redistribution agreement you would need to enter with us. This applies to both commercial and non-commercial redistribution of the library with the only difference that you would not need to pay any fees if your case is considered non-commercial. If you are interested in using dsj in a commercial context, please contact us for details & costs at cg@humatic.de
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Date:Oct2009
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In its version unlocked by Humatic's 'Commercial Unlock Code' the aforesaid portions of the Software are designated as "Redistributable Code" The usage of the Software requires Microsoft DirectX, Version 9 or higher, and Microsoft MediaPlayer Version 9 or higher as well as Microsoft DirectShow. Licenses for the aforesaid third party software and any other eventually required third party software are not part of this agreement and are not included in this License. Licensee has to obtain such eventually required licenses on his own expenses. Humatic does not itself bundle any kind of codec filters nor does it in any way grant Licensee the right to use or distribute such third party libraries or create content of any form that might be subject to license restrictions. Should Licensee intend to bundle third party filters and / or use those within the software to create content, whose format is under third party license restrictions, it is in Licensee's own responsibility to handle those implications with the respective copyright and/or patent owners. Furthermore this agreement does not grant Licensee the right to bundle and / or redistribute any of the software APIs wrapped by the Software. Should Licensee wish to redistribute DirectX or WindowsMedia runtime files, it is in his own responsibility to handle this under Microsoft's licensing terms. For the avoidance of doubts, the Software in its current version does especially not support Windows -Media DRM (Digital Rights Management) and may especially not be extended to be used for Windows -Media DRM enabled applications without written permission from Humatic in each individual case. .
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Brief description :
[ Please add a short description of dsj's deployment in Licensee's Product ].............................................................
The described function has been tested successfully in a prototype or trial application. Licensee integrates or plans to integrate the following classes in his Product : .............................................................................................................................. ............................................................................................................................. .............................................................................................................................. [For internet based Redistribution only ]: The following domain(s) are licensed to serve dsj binaries [please name full address(es) /URLs where known] The number of URLs is limited to ...............(number of URLs) .............................................................................................................................. ............................................................................................................................. .............................................................................................................................. (b) Resale and/or assignation of the granted rights or sublicensing is prohibited. (c) Humatic retains the copyright, title and ownership of the provided software in all forms whatsoever. (d) All rights not expressly granted herein are reserved by Humatic. (e) Under this Agreement, Licensee or its affiliates are not entitled, to use the Software as an end-user by themselves or through third parties, without prejudice to lit. a). Licensee and/or affiliates are deemed to be an end-user in the sense of this provision, if Licensee and/or affiliates acquire the Software as a part of a third partys product, unless Licensee provides evidence that neither itself nor its affiliates constitute a link in the respective distribution chain of the product. In these cases Licensee shall acquire a single machine license according to the terms of Humatics Single Machine License Agreement in the currently valid version. 3. DISTRIBUTION REQUIREMENTS. Licensee has a royalty-free right to distribute and use the Software only if:
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[ ] A 'Perpetual Payment' Licensee pays a license fee in the amount of EUR .................. plus taxes to Humatic. The license fee has to be paid via wired transfer, free of costs for Humatic. [ ] B (alternatively) Annual Payment Licensee pays an annual license fee in the amount of EUR .........in the first year and an annual license fee in the amount of EUR . in the following years plus taxes to Humatic. The license fee has to be paid annually on the first of ............(month) via wired transfer, free of costs for Humatic). [ ] C (alternatively) Percental Payment Licensee pays a license fee to Humatic in the amount of ...... % (percent) of Licensee's end price according to the price list (Annex X) or the effective sales price for any sale of above mentioned product by Licensee or affiliated company, in any case depending on which sale price is higher. Minimum Licensee fee per sale is ...... Euros per product plus applicable taxes. Rebates or other circumstances with negative impact on the price according to pricelist shall not be taken in consideration for the calculation of the license fee. Licensee pays an advance payment to Humatic in the amount of EUR..........recoupable with the above agreed percentage payment. The advance payment incl. applicable taxes has to be paid via wired transfer, free of costs for Humatic. Licensee shall provide Humatic with semi-annual statements depicting total sales volume and sales price of the product for use in calculating the annual license fee. The license fee incl. applicable taxes has to be paid annually on the first of January via wired transfer, free of costs for Humatic. Additionally, special provisions for Percental Payments (esp. extended Licensee's warranties and Humatic's audit rights) pursuant to Appendix 1 being an integral part of this License Agreement, shall apply. This license shall have no force or effect unless and until Licensee shall have submitted to Humatic all applicable license fees in full. All such fees are exclusive of any taxes, duties, licenses, fees, excises or tarifs now or hereafter imposed on Licensee's production, licensing, sale, transportation, import, export or use of the Software or Licensee Programs, all of which shall be the responsibility of Licensee, other than taxes attributable to Humatic's net income. Licensee will be provided with 'Humatic's Commercial Unlock Code' directly after license fees have been paid in full. For internet based redistribution Humatic will provide a license file to be
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5. WARRANTY. (a) Dsj source code is written and copyrighted by Humatic. Humatic makes no representations in connection with aspects owned or provided by Licensee. Trademark representations are limited to Humatics own trademarks. Any trademark(s) used in connection with the Software are selected and used at the risk of Licensee. (b) Both parties agree upon a limitation of Humatics warranty to the farest possible extent. Humatic is not liable for errors and does not guarantee the specific utility of the Software for any certain purpose. In particular, Humatic is not liable for indirect or subsequent damages due to errors of the licensed Software. (c) Humatic guarantees Licensee free updates of the Software for a one year period. In case of annual payments Licensee is obliged for free updates until termination. Humatic is not obliged to provide any software support under this agreement. (d) Humatic is not aware of any rights of third parties which would oppose the utilization purposes of Licensee. Humatic is not liable however for the licensed software and the licensed know-how being free of rights of third parties. (e) If Licensee is accused by third parties of infringing intellectual property rights due to the use of the licensed software or the licensed know-how, Humatic promises to provide Licensee with information and documents in defense against such claims as far as Humatic is able to do so without breach of third party obligations and while maintaining its own confidentiality interests. All costs involved in such activities shall be borne by Licensee. (d) Humatic however will provide software support like the remedies of defects to a reasonable extend for adequate consideration. A separate agreement shall be made for this purpose if necessary and if in interest of both parties. Warranty shall not be excluded for defects of the Software which have been concealed by Humatic fraudulently or maliciously. 6. LIMITATION OF LIABILITY Humatics liability is limited to defects of title, intentional acting and gross negligence and is limited to the software modules ( classes) named in 2(a). There shall be no further reaching liability. This limitation of liability shall also apply to representatives and auxiliary persons (Erfllungsgehilfen) of Humatic. 7. BREACH AND TERMINATION. (a) This License is effective until terminated. This License may be terminated by either party for material breach hereof by the other which remains uncured thirty (30) days after notice of such breach. During this 30 days period the Licence and the accomplishment (performance) of the License is interrupted. (b) Upon termination of this Agreement due to breach, all rights and licenses granted hereunder shall immediately terminate and all Software and other Proprietary Information
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Both parties guarantee to handle all given technical, business and other information including the regulations of this agreement strictly confidential. 10. STANDARD TERMS & CONDITIONS Unless otherwise agreed in this or another document the Standard Business Conditions of the company Humatic Ltd to be found at http://www.humatic.de/htm_2/agb.html are valid .
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Humatic GmbH Sitz/Domicile: Leuschnerdamm 19 D-10999 Berlin Geschftsfhrer/ Directors: Christian Graupner & Nils Peters Registergericht/Court of Registry: Amtsgericht Charlottenburg HRB Nr./. Commercial Register No.: 77721 Tel 030 536 586 70 Fax 030 615 1219 Mobile: 0175 999 2908 SteuerNr / Tax No 29/403/2586 FA.f.Krperschaften III Berlin Ust-IDNr/ VAT ID: DE 2104 26530 Bank: Berliner Volksbank, BLZ 100 900 00, Konto Nr. 10004 30001 IBAN: DE54 1009 0000 1000 4300 01, SWIFT-Code: BEVODEBB website : www.humatic.de mail: info@humatic.de
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