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fluendo - speaking of licensing

 
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extraspecialbitter
PostPosted: Fri Jul 11, 2008 12:26 pm    Post subject: fluendo - speaking of licensing Reply with quote

The Spanish company fluendo offers a number of free (as in beer) codecs, including a gstreamer MP3 codec, but I wonder if it is truly free (as in speech). The license (appended below) speaks nothing of source code or GNU, but rather prohibits the copy and distribution of the software. Sounds fishy to me...

FLUENDO MP3 PLUG-IN FOR GSTREAMER COMMERCIAL LICENSE
AGREEMENT BY FLUENDO, S.A. (“FLUENDO”)

IMPORTANT – READ CAREFULLY
THE FOLLOWING LICENSE AGREEMENT AS AMENDED FROM TIME TO TIME AND
AVAILABLE WITH THIS PACKAGE (THE “LICENSE AGREEMENT”)GOVERNS THE
DOWNLOADING, INSTALLATION AND/OR USE OF FLUENDO’S PROPRIETARY SOFTWARE
“MP3 PLUG-IN FOR GSTREAMER”, INCLUDING ANY COMPONENTS,
COPIES, UPDATES,ENHANCEMENTS, UPGRADES OR SUBSEQUENT VERSIONS THEREOF
THAT MAY BE RELEASED BY FLUENDO (COLLECTIVELY, THE “SOFTWARE”) AND ANY
ACCOMPANYING MANUALS, HELP FILES AND DOCUMENTATION (THE "DOCUMENTATION").
PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT AS BY
DOWNLOADING, USING AND/OR INSTALLING THE SOFTWARE YOU (THE “LICENSEE”)
CONSENT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS
LICENSE AGREEMENT. YOU MAY DOWNLOAD, INSTALL AND/OR USE THE SOFTWARE
SUBJECT TO THOSE TERMS AND CONDITIONS AND TO ANY APPLICABLE LAW, BEING
SOLELY LIABLE FOR ANY BREACH THEREOF. IF YOU DO NOT AGREE TO THIS
LICENSE AGREEMENT, FLUENDO DOES NOT GRANT ANY LICENSE TO YOU FOR THE
SOFTWARE AND YOU MAY NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.

GRANT OF LICENSE AND RESTRICTIONS
1. Subject to the Licensee’s acceptance and continued compliance with
this License Agreement, Fluendo hereby grants the
Licensee a non-exclusive, non-transferable limited license to install,
use or otherwise benefit from the functionality of the Software in the
manner and for the purposes described in the Documentation, on a per
computer basis.

2. Except as expressly authorized by Fluendo in writing, it is forbidden to:
(i) decompile, reverse engineer, disassemble or decode the Software
or any copy, adaptation, transcription or merged portion of the
Software;
(ii) attempt to ascertain the source code of the Software or any of its
components by any means, nor modify, adapt, translate or create
derivative works based on the Software;
(iii) tamper or interfere with the functionality, delivery or operation
of the Software while using or installing it;
(iv) sell, resell, rent, lease, distribute, transfer, assign, sublicense
or otherwise deal with the Software, its components, the Documentation
or any of the rights granted under this License Agreement;
(v) duplicate, reproduce or copy (except for reasonable backup purposes)
the Software or the Documentation; or
(vi) export or re-export the Software, directly or indirectly, into any
country prohibited by law.

3. It is prohibited to modify, remove, suppress, or in any other way make
inconspicuous the copyright, digital fingerprints, watermarks,
identification labels, legal notices contained within the Software or
other technical protection devices or data identifying Fluendo’s or its
licensors rights in the Software, its files or its components.

4. No right is granted herein to any third party to use the Software, to
the Licensee to use the Software for any third party, or to the Licensee
to utilize the Software for any purpose whatsoever not described herein.

OWNERSHIP
5. Save for the right to use the Software and the Documentation
expressly provided for in this License Agreement, the Licensee agrees
and acknowledges that all title to and rights in the Software, its
components, structure, databases, source code or design, and in the
Documentation, including without limitation all copyright trademarks,
trade secrets, patents, and all other intellectual or industrial
property rights and other confidential or proprietary information
contained therein remain the property of Fluendo or its licensors.

LIABILITY
6. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND PROVIDED THAT LIABILITY
SHALL NOT BE EXCLUDED OR LIMITED IN RESPECT OF MALICIOUS INTENT OR GROSS
NEGLIGENCE, FLUENDO HEREBY EXCLUDES ALL LIABILITY IN RESPECT OF:

a) ANY LOSS, DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY
CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST
SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, OR CLAIMS BY
A THIRD PARTY, EVEN IF A FLUENDO REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS.
b) DAMAGES, CLAIMS OR LIABILITIES ARISING OUT OF ANY OF THE FOLLOWING:
(i) THE CONTENT (INCLUDING WITHOUT LIMITATION ITS NATURE OR ANY
INTELLECTUAL PROPERTY RIGHTS THEREIN) AND/OR ANY OTHER DATA, IMAGES,
VIDEOS OR SOUNDS WHATSOEVER THAT THE LICENSEE MAY ACCESS OR TRANSMIT
USING THE SOFTWARE;
(ii) LIABILITY TO ANY EMPLOYER, PRINCIPAL, CLIENT, LESSOR OR PROVIDER OF
COMPUTER EQUIPMENT OR FACILITIES, ARISING OUT OF THE INSTALLATION OF OR
USE OF THE SOFTWARE;
(iii) ANY CHARGES WHICH THE LICENSEE MAY INCUR TO ANY TELECOMMUNICATIONS
SERVICE OR NETWORK.

7. FLUENDO EXPRESSLY EXCLUDES ALL LIABILITY IN CONNECTION WITH ANY THIRD
PARTY APPLICATIONS OR THIRD PARTY COMPONENTS THAT MAY BE INCLUDED WITHIN
THE SOFTWARE, OR YOUR USE THEREOF.

8. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLUENDO’S AGGREGATE LIABILITY
AND THAT OF ITS AFFILIATES AND SUPPLIERS UNDER OR IN CONNECTION WITH
THIS LICENSE AGREEMENT WILL BE LIMITED IN ANY CASE TO THE AMOUNT PAID
FOR THE SOFTWARE, IF ANY, OR, IF HIGHER, TO THE MINIMUM AMOUNT
STIPULATED BY A COMPULSORY LAW.

INDEMNITY
9. BY DOWNLOADING, INSTALLING, USING OR UNINSTALLING THE SOFTWARE, THE
LICENSEE HEREBY AGREES TO, AT ITS OWN EXPENSE, INDEMNIFY, DEFEND AND
HOLD HARMLESS FLUENDO, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, ITS
BUSINESS PARTNERS, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES,
INJURIES, CAUSES OF ACTION, CLAIMS, DEMANDS AND EXPENSES, INCLUDING
LEGAL FEES AND EXPENSES, OF WHATEVER KIND OR NATURE ARISING OUT OF,
RELATING TO OR RESULTING FROM ANY CLAIM ARISING FROM OR RELATING TO (I)
ANY BREACH BY THE LICENSEE OF THIS LICENSE AGREEMENT; OR (II) THE
LICENSEE’S DOWNLOAD, INSTALLATION, USE OR UNINSTALLATION OF THE
SOFTWARE.

TERMINATION
10. This grant of license begins upon acceptance by the Licensee, either
expressly or through use or possession of the Software, and shall
continue until terminated as provided in this License Agreement.

11. The Licensee may terminate this License Agreement at any time by
uninstalling the Software and destroying all copies of the Software.
Upon any termination, the Licensee agrees to uninstall the Software and
return or destroy all copies of the Software, the Documentation, and all
other associated materials.

12. The Licensee’s failure to comply with any of the terms and conditions
of this License Agreement terminates the Licensee’s right to use the
Software and/or the Documentation, and the Licensee will not receive a
refund.

CONFIDENTIALITY
13. The Software, the Documentation, the terms of this License Agreement
and any other related material or data disclosed by Fluendo to the
Licensee will be confidential (“Confidential Information”) and the
Licensee will not disclose such Confidential Information in any form to
any third party without the express written consent of Fluendo, except
to the extent that such information: (a) is previously known to the
Licensee; (b) becomes publicly known or independently generated through
no breach of this obligation; (c) is acquired by the Licensee from a
third party which was not under an obligation to Fluendo not to disclose
such information; or (d) is required to be disclosed by a court or
regulatory or legislative order or provision.

14. The Licensee will keep the Software and the Documentation in
confidence in perpetuity, will take all measures necessary to protect
and maintain the confidential and proprietary character of the Software
and the Documentation, and will indemnify Fluendo from all losses and
damages resulting from unauthorized or improper disclosure,
dissemination or use of the Software or the Documentation, as a result,
in whole or in part, of the Licensee’s action or inaction.

GENERAL
15. This License Agreement contains the entire agreement between the
Licensee and Fluendo with respect to the subject matter hereof and
supersedes all prior agreements, negotiations, representations of any
kind and proposals, written and oral, relating to its subject matter.

16. If any provision of this License Agreement is declared by a court of
competent jurisdiction to be invalid, illegal or unenforceable, such
provision shall be severed from this License Agreement and the other
provisions shall remain in full force and effect.

17. All notices given by either party to the other pursuant to this
License Agreement shall be in writing and delivered at its principal
place of business by fax or delivery service (in either case with
acknowledgement of receipt).

18. The waiver or failure of Fluendo to exercise in any respect any
rights provided for in this License Agreement shall not be deemed a
waiver of any actual or further right under this License Agreement.

19. This License Agreement shall be governed by and construed in
accordance with the laws of Spain, and the parties submit to the
exclusive jurisdiction of the Courts and Tribunals of Barcelona in
connection with all matters arising under this License Agreement.

FLUENDO, S.A.
C.I.F.: A-64001217
World Trade Center Edificio Norte, 2 pl.
08039 Barcelona

Saint of Killers
PostPosted: Fri Jul 11, 2008 2:50 pm    Post subject: Reply with quote

I just read all of that. I think my brain just died. :P
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