mimoLive Terms Of Service
This Agreement is a legal agreement between you (either an individual or a legal entity, “The Licensee”) and Boinx Software International GmbH (“The Licensor”) for the software product mimoLive (“The Product”). The Product consists of several files including an application which is distributed in electronic form by download from the Internet.
By installing or otherwise using the Product, you agree to be bound by the terms of this License Agreement. If you do not agree to the terms of this License Agreement, promptly delete all copies of the unused Product from your mass storage devices. The Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
Grant of License
A. Boinx Software grants to Licensee a non-transferable license to use the Product on any Apple-branded products running Mac OS X, that you own or control and as permitted by the “Usage Rules”. The Product is licensed, not sold, to you.
B. This license does not allow you to use the Product on any Apple Device that you do not own or control, and you may not distribute or make the Product available over a network. You may not rent, lease, lend, sell, redistribute, or sublicense the Licensed Application. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Product, any updates, or any part thereof. Any attempt to do so is a violation of the rights of the Licensor and its licensors.
Usage Rules
A. If you are an individual acting in your personal capacity, you may download and use the Product for personal, non-commercial use on any Apple-branded products running Mac OS X (“Mac Computer”) that you own or control.
B. If you are a commercial enterprise or educational institution, you may download the Product for use by either (a) a single individual on each of the Mac Computer(s) used by that individual that you own or control or (b) multiple individuals on a single shared Mac Computer that you own or control. For example, a single employee may use a Product on both the employee’s desktop Mac Computer and laptop Mac Computer, or multiple students may serially use a Product on a single Mac Computer located at a resource center or library. For the sake of clarity, each Mac Computer used serially by multiple users requires a separate license.
Consent to Use of Data
You agree that Licensor may collect and use technical data and related information–including but not limited to technical information about your device, system and application software, and peripherals–that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Product. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
See mimoLive Privacy Policy for more information
Product Warranty & Liability
THE LICENSEE RECOGNIZES THAT THE PRODUCT IS RELEASED ON AN “AS IS” BASIS, AND THAT THERE IS NO WARRANTY EXPRESSED OR IMPLIED AS TO THE FUNCTIONING, SECURITY, PERFORMANCE OR EFFECT ON OTHER SOFTWARE OR HARDWARE. THE LICENSOR IS NOT OBLIGED TO PROVIDE MAINTENANCE, SUPPORT OR REVISION OF THE PRODUCT. THERE ARE NO WARRANTIES OR CONDITIONS, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE APPLICABLE TO THE PRODUCT INCLUDING BUT NOT LIMITED TO ANY EXPRESSED OR IMPLIED WARRANTY WITH RESPECT TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE LICENSOR BE LIABLE FOR SPECIAL, INDIRECT, DIRECT, PUNITIVE, CONSEQUENTIAL OR ANY OTHER KIND OF DAMAGES INCLUDING LOSS OF PROFITS, LOSS OF USE OR LOSS OF DATA. LICENSEE AGREES THAT NEITHER THE LICENSOR NOR THE INDIVIDUALS RESPONSIBLE FOR THE DEVELOPMENT OF THE PRODUCT SHALL BE LIABLE TO LICENSEE FOR ANY LOSS, COSTS OR DAMAGE OF ANY KIND SUFFERED BY LICENSEE WHICH MAY ARISE OUT OF USE, ALTERATION OR DISTRIBUTION OF THE WORK AND LICENSEE AGREES TO INDEMNIFY AND SAVE HARMLESS THE LICENSOR, ITS OFFICERS AND EMPLOYEES FROM ANY SUCH CLAIMS.
From version 5.4 on, this software uses libraries from the FFmpeg project under the LGPLv2.1. FFmpeg is owned and maintained by the FFmpeg community which can be found at https://ffmpeg.org.
This product includes NDI® software and technology licensed from NewTek, Inc. NDI® is a trademark of NewTek, Inc. NewTek and/or its licensors owns all copyright rights in the NDI® Software and NDI® copyrightable technology utilized in the Product. All software herein, including the NDI® software and technology, is subject to the restrictions in this End User License, including the following restrictions, limitations and exclusions: 1) you may not reverse engineer, disassemble, or recompile the NDI® Software, or any part thereof, or any NDI® protocols used in the Product, nor attempt to do any of the foregoing; 2) you may not copy, distribute, or create derivative works of the NDI® Software (except one copy may be made for archival backup purposes); 3) NewTek is not liable for any damages, whether direct, indirect, incidental or consequential, arising from the use of the Product and/or NDI®; 4) You accept the Product and NDI® software “as is” without warranties of any kind; all warranties, express or implied, of merchantability, fitness for a particular purpose, and warranty of title, are expressly disclaimed and excluded. To the extent any of the foregoing disclaimers is not allowed by applicable law such term shall not apply and in such case you agree not to utilize the NDI® in the Product.
If you use mimoLive to stream live to YouTube, you agree to be bound by the YouTube Terms of Service.
This Agreement constitutes the entire understanding of the parties and cannot be modified except in writing by The Licensor. This Agreement will be governed by the laws of Germany.
Created May 4th 2018
