SONGBIRD SOFTWARE LICENSE AGREEMENT

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE SONGBIRD MEDIA PLAYER SOFTWARE (“SONGBIRD MEDIA PLAYER”) AND THE SONGBIRD ADD-ON SOFTWARE AND ITS ACCOMPANYING DOCUMENTATION (COLLECTIVELY, THE “SONGBIRD ADD-ONS”). THE SONGBIRD ADD-ONS DO NOT INCLUDE “THIRD-PARTY ADD-ONS” (DEFINED BELOW). THE SONGBIRD MEDIA PLAYER IS LICENSED PURSUANT TO AN OPEN SOURCE LICENSE AS DESCRIBED IN SECTION 1 BELOW TITLED “LICENSE TO SONGBIRD MEDIA PLAYER”. CERTAIN FILES IN THIS BINARY APPLICATION (“BINARY”) ARE COPYRIGHT © 2005-2008 POTI, INC. CERTAIN FILES IN THIS BINARY MAY CONTAIN CODE FROM XUL RUNNER AND OTHER THIRD PARTY SOURCES, AS CALLED OUT IN SECTION 15, WHICH IS COPYRIGHT THEIR RESPECTIVE COPYRIGHT HOLDERS. THESE FILES MAY INCLUDE MODIFICATIONS WHICH ARE COPYRIGHT © 2005-2008 POTI, INC. THIS BINARY ALSO CONTAINS TRADEMARKS OF POTI, INC. INCLUDING, BUT NOT LIMITED TO, THE NAME “SONGBIRD”, LOGOS, ICONS, AND PAGE LAYOUT FILES (“FEATHERS”). POTI, INC. DOES NOT EXPRESS OR IMPLY ANY PERMISSION TO USE OR DISTRIBUTE THESE TRADEMARKS.

THIS SONGBIRD SOFTWARE LICENSE AGREEMENT (“AGREEMENT”) GOVERNS USE OF THE SONGBIRD MEDIA PLAYER AND SONGBIRD ADD-ONS UNLESS YOU AND THE PIONEERS OF THE INEVITABLE, INC. (“POTI”) HAVE EXECUTED A SEPARATE AGREEMENT.

POTI IS WILLING TO LICENSE THE SONGBIRD MEDIA PLAYER AND SONGBIRD ADD-ONS TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL THE TERMS CONTAINED IN THIS AGREEMENT. BY CLICKING ON THE “I ACCEPT” BUTTON BELOW OR BY INSTALLING OR USING THE SONGBIRD MEDIA PLAYER OR SONGBIRD ADD-ONS YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS. IF YOU DO NOT ACCEPT ALL OF THE TERMS OF THIS AGREEMENT POTI IS UNWILLING TO LICENSE TO YOU THE SONGBIRD MEDIA PLAYER OR SONGBIRD ADD-ONS AND YOU SHOULD NOT INSTALL OR USE ANY PART OF THE SONGBIRD MEDIA PLAYER OR SONGBIRD ADD-ONS. IF YOU AGREE TO THESE TERMS ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND THAT BUSINESS TO THIS AGREEMENT, AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF THE BUSINESS. IN THAT EVENT, “YOU” AND “YOUR” REFER HEREIN TO THAT BUSINESS.

  1. License to Songbird Media Player. The Songbird Media Player is free software and is licensed to you under the terms of the GNU General Public License, Version 2 (GPLv2), with a special exception that allows you to combine and link both GStreamer plugins and NPAPI browser plugins with the Songbird Media Player Software. You can redistribute it and/or modify it under the terms of the GPLv2 (with or without the exception). For the exact terms of the GPLv2 exception provided by POTI, refer to the notices contained in the Songbird Media Player Software, the corresponding source code or at http://www.gnu.org/licenses/gpl-2.0.txt. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. For all the terms of the GPLv2, refer to the text of the license, which you should have received with this program; if you have not, write to the Free Software Foundation, Inc., 59 Temple Place - Suite 330, Boston, MA 02111-1307, USA or visit the following link http://www.fsf.org/licensing/licenses/info/GPLv2.html. To the extent that any of the terms and conditions of this Agreement conflict with the GPLv2 and POTI's exception, the conflicting terms and conditions of this Agreement shall not apply to the Songbird Media Player.
  2. License to Songbird Add-Ons.
    1. Grant. Subject to your compliance with the terms and conditions of this Agreement, POTI grants you a non-exclusive and non-transferable license for a single user to install and use the executable form of the Songbird Add-Ons, distributed separately, on a single computer, solely for your personal and non commercial purposes. You may make a single copy of the Songbird Add-Ons for backup purposes. POTI reserves all rights in the Songbird Add-Ons not expressly granted to you in this Agreement.
    2. Restrictions. Except as expressly specified in this Agreement, you may not: (a) copy or modify the Songbird Add-Ons; (b)transfer, sublicense, lease, lend, rent or otherwise distribute the Songbird Add-Ons to any third party; (c) make the functionality of the Songbird Add-Ons available to multiple users through any means, including, without limitation, by uploading the Songbird Add-Ons to a network or file-sharing service or through any hosting, application services provider, service bureau or any other type of services; or (d) use the Songbird Add-Ons in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement. You acknowledge and agree that portions of the Songbird Add-Ons, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of POTI and its licensors. Accordingly, you agree not to disassemble, decompile or otherwise reverse engineer any components of the Songbird Add-Ons provided in object code or any other POTI products or services, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.
  3. Proprietary Rights. The Songbird Media Player and Songbird Add-Ons are licensed, not sold. You agree that POTI owns all right, title and interest in and to the Songbird Media Player and Songbird Add-Ons, including without limitation all intellectual property rights therein. The Songbird Media Player and Songbird Add-Ons are protected by United States copyright law and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Songbird Add-Ons as delivered to you.
  4. Disclaimer of Warranty. YOU ASSUME ALL RESPONSIBILITY AND RISK OF USE OF THE SONGBIRD MEDIA PLAYER AND SONGBIRD ADD-ONS. POTI PROVIDES THE SONGBIRD MEDIA PLAYER AND SONGBIRD ADD-ONS ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. POTI DOES NOT WARRANT THAT THE SONGBIRD MEDIA PLAYER AND SONGBIRD ADD-ONS WILL MEET YOUR REQUIREMENTS OR THAT THE SONGBIRD MEDIA PLAYER AND SONGBIRD ADD-ONS WILL BE ERROR-FREE. POTI EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM POTI OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT.
  5. Third-Party Add-Ons. The Songbird website may contain user generated add-ons (including any add-ons uploaded, posted or submitted to the Songbird website by a third party) (“Third-Party Add-Ons”). Your use of any Third-Party Add-On is subject to any terms and conditions provided with such Third-Party Add-On. You assume all responsibility and risk of use of any Third-Party Add-On and POTI hereby disclaims any and all liability to you or any third party related thereto. POTI does not have any obligation to examine or scan Third-Party Add-Ons, for any purpose, and is not responsible for the accuracy, completeness, appropriateness or legality of any Third-Party Add-On. The fact that a Third-Party Add-On is available from the Songbird website is not an endorsement, authorization or representation of POTI's affiliation with any third party, nor is it an endorsement of such Third-Party Add-On and you hereby waive, any legal or equitable rights or remedies you have or may have against POTI with respect thereto.
  6. Term and Termination.
    1. Term and Termination. This Agreement will commence on the date that you accept its terms by accessing or using the Songbird Add-Ons and will continue until terminated as provided hereunder. POTI may terminate this Agreement and any licenses granted hereunder immediately upon notice if you breach any term or condition in this Agreement. You may terminate the Agreement at any time by destroying all copies of the Songbird Add-Ons in your possession or control.
    2. Effect of Termination; Survival. Termination of this Agreement shall not constitute a waiver or release of, or otherwise be deemed to adversely affect, any rights, remedies or claims, whether for damages or otherwise, which POTI may have under this Agreement or which may arise out of such termination or expiration. Upon any termination or expiration of this Agreement, you agree to immediately cease using the Songbird Add-Ons and to return or destroy any copies of the Songbird Add-Ons in your possession or control. Sections 1.2, 2, 3, 4, 5, 6.2, 7 through 13 will survive termination or expiration of this Agreement.
  7. Representations and Warranties. You agree to comply with all applicable laws, rules and regulations when using the Songbird Add-Ons. You will not use the Songbird Media Player or Songbird Add-Ons to infringe anyone's copyrights.
  8. No Obligation. POTI is not obligated to maintain or support the Songbird Media Player or Songbird Add-Ons, or to provide you with updates, fixes, or services related thereto.
  9. Government Users. Any use, duplication, or disclosure of the Songbird Add-Ons by the U.S. government is subject to the restrictions as set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. Manufacturer is Pioneers of the Inevitable, Inc.
  10. Export Laws. You agree to comply fully with all U.S. export laws and regulations to ensure that neither the Songbird Add-Ons nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
  11. Indemnity. You agree to defend, indemnify and hold POTI and its officers, directors, and employees harmless from and against any loss, liability, costs or expenses (including but not limited to reasonable attorneys' fees) arising from or incurred as a result of any third party claims, to the extent that such claims relate to or are based on your breach of this Agreement or your use of the Songbird Add-Ons.
  12. Limitations of Liability. IN NO EVENT WILL POTI BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SONGBIRD MEDIA PLAYER AND SONGBIRD ADD-ONS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT POTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN ANY CASE, POTI'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS OF THE FEES THAT YOU PAID FOR THE SONGBIRD MEDIA PLAYER AND SONGBIRD ADD-ONS (IF ANY). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
  13. General Provisions. This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to or application of conflicts of law rules or principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply. You may not assign or transfer this Agreement or any rights granted hereunder, by operation of law or otherwise, without POTI's prior written consent, and any attempt by you to do so, without such consent, will be void and of no effect. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. Any notice or other communications to be given under this Agreement will be in writing and given (a) by POTI via email (in each case to the address that you provide), (b) posting on the Songbird website located at http://www.songbirdnest.com or (c) by you via email to support@songbirdnest.com or such addresses POTI may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by authorized representatives of both parties. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible and the other provisions will remain in full force and effect. This Agreement is the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless you and POTI have executed a separate agreement.
  14. Contact Information. If you have any questions regarding this Agreement, you may contact POTI at support@songbirdnest.com.
  15. Third Party Software. Third party software used in Songbird:
    1. FLAC is distributed under the BSD License.
    2. gettext is distributed under the GNU Lesser General Public License.
    3. GLib is distributed under the GNU Library General Public License.
    4. GStreamer is distributed under the GNU Lesser General Public License.
    5. libgpod is distributed under the GNU Lesser General Public License.
    6. libiconv is distributed under the GNU Lesser General Public License.
    7. Ogg is distributed under the Xiph.Org License.
    8. Vorbis is distributed under the Xiph.Org License.
    9. Theora is distributed under the Xiph.Org License.
    10. SQLite is in the public domain.
    11. TagLib is distributed under the GNU Lesser General Public License.
    12. XULRunner is copyright © 2007 Mozilla Foundation and is distributed under the GNU Lesser General Public License.
    13. zlib is distributed under the zlib license.
    14. Fluendo is distributed under the Fluendo Gstreamer Plugin License Agreement, a copy of which is included below. By using Songbird, you are agreeing to be bound by the terms of the Fluendo Gstreamer Plugin License Agreement.

      FLUENDO GSTREAMER PLUGIN LICENSE AGREEMENT BY FLUENDO, S.A. (“FLUENDO”)

      IMPORTANT - READ CAREFULLY
      THE FOLLOWING LICENSE AGREEMENT AS AMENDED FROM TIME TO TIME AND AVAILABLE AT FLUENDO'S WEBSITE (THE “LICENSE AGREEMENT”), TOGETHER WITH FLUENDO'S SOFTWARE TERMS OF SERVICE, GOVERNS THE DOWNLOADING, INSTALLATION AND/OR USE OF FLUENDO'S PROPRIETARY SOFTWARE “FLUENDO MP3 GSTREAMER PLUGIN”, 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.

      THIS LICENSE AGREEMENT SHALL BE APPLICABLE TO THE SOFTWARE FLUENDO GSTREAMER PLUGIN CONSIDERED AS A WHOLE AND, IN PARTICULAR BUT WITHOUT LIMITATION, TO ANY FILE INCLUDED THEREIN WHEN FORMING PART OF THIS VERSION, AND TO ANY UPDATE, ENHANCEMENT OR FIX INCORPORATED IN THE PROGRAM.

        DEFINITIONS

      1. "Final product" means a software or hardware product in a final form of manufacturing intended for distribution to end users and in object code form and that can play back content, including downloaded or streamed content.

        GRANT OF LICENSE AND RESTRICTIONS

      1. Subject to the Licensee's acceptance and continued compliance with this License Agreement and with Fluendo's Software Terms of Service as provided to the Licensee from time to time, 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 end user basis, as agreed in Fluendo's Software Terms of Service.
      2. Except as expressly authorized by Fluendo in writing, it is forbidden to: (i) use this software in other ways than allowed by this contract. (ii) tamper or interfere with the functionality, delivery or operation of the Software while using or installing it; (iii) 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; (iv) duplicate, reproduce or copy (except for reasonable backup purposes) the Software or the Documentation; or (v) export or re-export the Software, directly or indirectly, into any country prohibited by law. (vi) use this software in the operation of Nuclear facilities, in aircraft navigation, in aircraft communication, in aircraft flight control, in aircraft traffic control systems or in other devices or systems in which serious injury or death to the operator of the device or system, or to others due to a malfunction (including, without limitation, software related delay or failure) could reasonably be foreseen. (vii) use this Final Product on non-PC devices like tablets, pda, portable players and other embedded devices.
      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.

        5. 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.

        6. 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.

        9. 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.

        10. 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 or in Fluendo's Software Terms of Service.
      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 or of the Terms of Service terminates the Licensee's right to use the Software and/or the Documentation, and the Licensee will not receive a refund.

        13. GENERAL

      13. 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.
      14. 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.
      15. 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).
      16. 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.
      17. 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.: A64001217
      World Trade Center Edificio Norte, 2 pl.
      08039 Barcelona