cocoartmp.com

iOS framework to easily build your broadcasting app

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LICENCE CONDITIONS

Of the company

digital-live s.r.o.

With registered office at Paracka 1032, 034 95 Likavka, Slovak republic

Company registration number: 45 343 047

Registered in the Commercial Register maintained by the Municipal Court in Zilina

1. INTRODUCTORY PROVISIONS

  1. These licence conditions (‘Licence Conditions’) of the company digital-live s.r.o., with registered office at Klariská 7, Bratislava 811 03, company registration number 45 343 047, registered in the Commercial Register maintained by the Municipal Court in Bratislava I (‘Licensor’) regulate the mutual rights and obligations of the contractual parties arising on the basis of and in connection with a licence agreement relating to the computer programme ‘RTMP framework’ (‘Licence Agreement’ and ‘Software’) concluded between the Licensor and another natural or legal person (‘Licensee’). The Software is used primarily to develop other applications to support the video / audio and data streaming, real-time remote procedure call and shared object exchange. A detailed specification of the Software can be found on the website operating from the internet address www.digital-life.cz (‘Website’).
  2. A Licence Agreement and terms of business are executed in English language. A Licence Agreement may be concluded in English language.
  3. The Licensor may amend the Licence Conditions. Rights and obligations arising from the previously effective version of the Licence Conditions shall not be affected by this provision.

2. CONCLUSION OF A LICENCE AGREEMENT

  1. The web interface of the Licensee’s user account on the Website contains the Licensor’s public offer to conclude a Licence Agreement. The rights and obligations of the contractual parties relating to making the user account accessible to the Licensee are governed by a separate agreement of the parties. The Licensor’s offer to conclude a Licence Agreement is open for as long as it displayed in the web interface. The Licensor’s ability to conclude a Licence Agreement under individually negotiated terms is not hereby limited.
  2. In order to accept the Licensor’s offer and conclude a Licence Agreement, the Licensee completes a registration form in the web interface. The Licensee sends the acceptance by ticking a check-box and clicking on “I agree with the Licence Conditions”. The Licensor shall deem the details provided in the acceptance to be correct.
  3. A contractual relationship between the Licensor and the Licensee arises once the Licensee’s acceptance has been delivered to the Licensor.
  4. The Licensee acknowledges that the Licensor is not obliged to conclude a Licence Agreement, especially with persons who have previously substantially breached a Licence Agreement (including the Licence Conditions).
  5. The Licensee consents to the use of means of distant communication for the purpose of the conclusion of a Licence Agreement. Any expenses incurred by the Licensee when using means of distant communication in connection with the conclusion of a Licence Agreement shall be borne by the Licensee.

3. SUBJECT MATTER OF A LICENCE AGREEMENT

  1. In a Licence Agreement, the Licensor undertakes to grant to the Licensee the entitlement to exercise the right to use the Software (a licence) free of charge in the manners and to the extent specified by Clause 4 of the Licence Conditions. The Licensee may grant the rights comprised in the Software Licence Agreement to third parties (grant sub-licences), but only under the conditions set out in Clause 5 of the Licence Conditions.

4. SOFTWARE LICENCE

  1. The Software licence granted by the Licensor to the Licensee is non-exclusive.
  2. The Software licence granted to the Licensee has no territorial limitations.
  3. The Licensee is entitled to modify or alter the Software and the Licensee shall be provided with the Software’s source code. The Licensee may add the Software to a file of other computer programmes or join the Software with other authors’ works. The Licensee may further create computer programmes or other accessories of the Software which will function together with the Software.
  4. The Licensee is entitled to use the source code form of the Software exclusively for his/her own use by making copies of the Software in an unlimited quantity. The Licensee is thus not entitled, in particular, to use the source code of the Software to disseminate it or communicate it to the public, or to make the code public or accessible to a larger number of people in another way. Clause 4.5 of the Licence Conditions is not hereby affected. If the Software contains graphic features, the Licensee is entitled to use these graphic features exclusively for his/her own use by making copies in an unlimited quantity.
  5. In the event that the Licensee adds his own works to the Software (amalgamates the Software with other computer programmes or authors’ works or adds the Software to them (‘Own Work’), the Licensee may use the Software contained in his/her Own Work in all manners of use and in an unlimited quantity, but only in the form of an executable file (his/her Own Work including the Software must in such an event be in the form of an executable file).
  6. In the event that the Licensee intends to provide the source code form of the Software to any third party (‘Sub-licensee’), before such provision of the source code of the Software the Sub-licensee shall conclude with the Licensor a separate contract on the provision of services, on the basis of which the Sub-licensee shall be allowed access to the membership area of the Licensor’ website operating from the internet address www.digital-life.cz (‘Contract on Access to the Membership Area’) for a charge. In direct connection with the provision of the Software to the Sub-licensee the Licensee is entitled to use the Software by making copies and providing copies of the Software to the Sub-licensee by remote access (the Licensee may not, however, make the Software public or accessible to a larger number of people in another way in this case either).
  7. The Licensee acquires the Software licence as soon as a Licence Agreement is concluded. The Software licence is granted to the Licensee for the period of duration of proprietary rights of an author to the Software. A discharge of the Licence Agreement shall also result in the expiry of the Software licence.
  8. If the Software is altered, updated or upgraded or otherwise modified, the Licensee is also granted a licence to the Software modified in this way.
  9. The Licensee is not obliged to use the Software licence.
  10. The Licensee is entitled to make the Software accessible to the public under the Licensee’s own company name, providing the Licensee always names the Licensor as the author in accordance with the customs adhered to in this area. The Licensee may not remove or limit information regarding the rights of an author relating to the Software included in the Software, and in the event that the Licensee distributes his/her Own Work, the Licensee shall provide information regarding the Licensor’s rights of an author.
  11. The Licensee may not transfer rights and obligations comprised in the Software licence to a third party without a prior written consent of the Licensor.

5. SOFTWARE SUB-LICENSE

  1. The Licensee may grant sub-licences to the Software exclusively when the Licensee includes the Software in his/her Own Work.
  2. If the Licensee provides his/her Own Work (including the Software) in the form of an executable file, the Licensee may grant the rights comprised in the Software Licence Agreement to third parties in full extent.
  3. In the event that the Licensee intends to provide the Software as part of his/her Own Work to a third party in the form of a source code, the Sub-licensee must first conclude a Contract on Access to the Membership Area with the Licensor. In such an event, the Software sub-licence always becomes effective from the conclusion of a Contract on Access to the Membership Area at the earliest. The Sub-licensee is entitled to use the Software exclusively for his/her own needs by making copies of the Software in an unlimited quantity. The sub-licensee is thus not entitled, in particular, to use the Software (including its source code) to disseminate it or to communicate it to the public, or to make the code public or accessible to a larger number of people in another way. The Sub-licensee may not remove or limit information regarding the rights of an author relating to the Software included in the Software.
  4. The Software Sub-licensee to whom the Software was made accessible in the form of a source code according to Clause 5.3 of the Licence Conditions is not entitled to grant further sub-licences to the Software.

6. THE LICENSEE'S USE OF THE SOFTWARE

  1. The Licensee acknowledges that the Software is protected by the rights of an author. The Licensee undertakes not to engage in any activities which could allow the Licensee or third parties to use the Software in an unauthorised manner.
  2. The Licensee acknowledges that proper use of the Software may require cooperation with other computer programmes. The Licensee acknowledges that the use of these other computer programmes is governed by separate contractual agreements with bearers of rights to these computer programmes.

7. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTUAL PARTIES

1.     In his relationship to the Licensee, the Licensor is not bound by any codes of conduct.

8. LIABILITY FOR DEFECTS, LIABILITY FOR LOSS

  1. The rights and obligations of the contractual parties relating to the Licensor’s liability for defects of services are governed by the relevant legislation. The Licensee acknowledges that the Software is provided free of charge and that the Software should not be used in operations where larger or more substantial losses may occur, and that the Licensor shall not be liable for the results of activities for which the Software is used. The Licensee acknowledges that the Software may have faults when in use.
  2. The Licensee further acknowledges that the non-existence of a functional characteristic of the Software which is not expressly included in the specification of the Software shall not be deemed to be a defect.
  3. The Licensee shall check the functionality of the Software without undue delay after the Software has been made accessible.
  4. In the event that the Licensee suffers loss in connection with the Licensor’s liability for defects of the Software, the contractual parties have agreed, taking account of the terms of the grant of the licence, limitation of compensation for this potential loss including loss of profits so that the total compensation for loss shall not exceed the amount of the remuneration in reality paid by the Licensee to the Licensor for providing access to a user account to the Licensee according to a separate contractual agreement of the parties. The contractual parties state, taking account of all circumstances of the conclusion of a Licence Agreement, that the total foreseeable loss which may be incurred by the Licensee due to defects of the Software shall not exceed the amount of remuneration in reality paid by the Licensee to the Licensor for providing access to a user account to the Licensee according to a separate contractual agreement of the parties.

9. DURATION OF A LICENCE AGREEMENT

  1. A Licence Agreement becomes effective from its conclusion.

10. WITHDRAWAL FROM A LICENCE AGREEMENT

  1. The Licensor may withdraw from a Licence Agreement if the Licensee breaches an obligation arising from the Licence Agreement (including the Licence Conditions) or unlawfully interferes with the rights of an author relating to the Software.

11. FINAL PROVISIONS

  1. The contractual parties have agreed that the relationship arising from a Licence Agreement shall be governed by Czech law, in particular by the Commercial Code and the Act on the Rights of an Author.
  2. Shall the Licensee cease to exist, the rights and obligations arising from a Licence Agreement shall not pass on to his legal successor.
  3. If a provision of the Licence Conditions is or becomes invalid or ineffective, it shall be replaced by a provision the meaning of which is most similar to the invalid provision. The invalidity or ineffectiveness of a provision shall have no effect on the validity of the rest of the provisions.
  4. Unless agreed otherwise, a Licence Agreement supersedes any previous agreements of the contractual parties relating to the Software.
  5. The Licensor is entitled to provide the Software on the basis of a trade licence. The Licensor’s activities are not subject to any other permissions.
  6. A Licence Agreement and the Licence Conditions are archived by the Licensor in electronic form and are not accessible.