End User License Agreement
FOR FLV MATE SOFTWARE PRODUCT

ENESET TECHNOLOGY PTY LTD (“ENESET”) LICENSES THIS FLV MATE SOFTWARE PRODUCT TO YOU SUBJECT TO THE TERMS CONTAINED IN THIS END USER LICENSE AGREEMENT (“EULA”). READ THE TERMS OF THIS EULA CAREFULLY. BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL, COPY OR USE THE SOFTWARE.

NOTICE TO CUSTOMER

If you do not agree to the terms of this EULA, do not install, or use this software. This EULA is a contract between you (either an individual or an entity) and Eneset which governs your use of this Eneset software product that accompanies this EULA and related software components, which may include the associated executable programs, explanatory materials and the supporting documentation.

LICENSE GRANT

Eneset grants you a license to use one copy of the Software. Each License purchased allows you to install 1 copy of the license. “Use” means storing, loading, installing and executing. You agree to use all reasonable efforts to protect the Product from unauthorised use, reproduction, distribution or publication. You may not modify the Software or disable any licensing or control features of the Software in any manner without prior written permission by Eneset.

LICENSE LIMITATIONS

You may not copy the Software except for a reasonable number of machine-readable copies of the software for backup or archival purposes and except as expressly permitted in the License Grant section above. You may not remove any titles, trademarks or trade names, copyright notices, legends, or other proprietary markings on the Software. You are not granted any rights to any trademarks or service marks of Eneset. Eneset retains all rights not expressly granted to you.

PREVIEW AND BETA VERSIONS

Preview and Beta versions are provided for a time-expired period for the evaluation and initial product testing use. Evaluation versions are not licensed for extended use.

EVALUATION VERSIONS

Evaluation versions are provided for one-time 30-day evaluation and initial product testing use. Evaluation versions are not licensed for extended use.

PROPRIETARY RIGHTS RESERVED BY ENESET

Eneset retains all right, title, and interest in and to the Software and the Software License Key and in all related copyrights, trade secrets, patents, trademarks, and any other intellectual and industrial property and proprietary rights, including registrations, applications, renewals, and extensions of such rights.

RESTRICTIONS

You may not (i) sell, lease, license, sublicense, distribute or otherwise transfer in whole or in part the Software, the Software License Key or to another party; (ii) provide, disclose, divulge or make available to, or permit use of the Software in whole or in part by, any third party without Eneset’s prior written consent; (iii) decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from the Software, in whole or in part (excluding components licensed under LGPL); (iv) modify or create derivative works based upon the Software; or (v) use the Software on a service bureau or hosting basis to provide Remote Access Services connecting your customers to an operating system.

TERMINATION

Eneset may terminate this EULA if you fail to comply with any term of this EULA. In the event of termination, you must destroy all copies of the Software and Software License Key. In addition you must remove all copies of the Software from the Server and all computers and terminals on which it is installed.

GOVERNING LAW AND GENERAL PROVISIONS

This EULA is governed by the laws of New South Wales (NSW), Australia, and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of NSW, Australia. This EULA will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this EULA is found void and unenforceable, it will not affect the validity of the balance of the EULA, which shall remain valid and enforceable according to its terms. This EULA shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorised officer of Eneset Technology Pty Ltd.

3RD PARTY COMPONENTS

FLV Mate utilises the FFmpeg libraries (Copyright (c) 2000-2010 Fabrice Bellard, et al.) for part of the conversion process. FFmpeg is free software licensed under the GNU Lesser General Public License (LGPL). FFmpeg is a trademark of Fabrice Bellard, originator of the FFmpeg project. You may obtain the complete Corresponding Source code by visiting http://www.flvmate.com/opensource

NO WARRANTY

The SOFTWARE is being delivered to you “AS IS” and Eneset makes no warranty as to its use or performance. ENESET AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. ENESET AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL ENESET OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A ENESET REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.

LIMITATION OF LIABILITY

IN NO EVENT WILL ENESET BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER ENESET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ENESET’S LIABILITY EXCEED THE LICENSE FEE PAID BY YOU OR AU$5.00, WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY AND RISK IS REFLECTED IN THE PRICE OF THE SOFTWARE. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT ENESET’S LIABILITY TO YOU FOR ANY LIABILITY THAT CANNOT, AS A MATTER OF APPLICABLE LAW, BE EXCLUDED OR LIMITED.

INDEMNIFICATION

BY ACCEPTING THIS AGREEMENT, YOU AGREES TO INDEMNIFY AND OTHERWISE HOLD HARMLESS ENESET, ITS OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, SUPPLIERS AND OTHER PARTNERS FROM ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF, OR RELATING TO, OR RESULTING FROM YOUR USE OF THE SOFTWARE OR ANY OTHER MATTER RELATING TO THE SOFTWARE.

CONTACT INFORMATION

If you have any questions about this EULA, or if you want to contact Eneset for any reason, please direct mail to:

Eneset Technology Pty Ltd
P.O. Box 3900
Parramatta, NSW 2124
Australia