Datastead Software License Agreement (September 24, 2023)
BY INSTALLING, COPYING OR OTHERWISE USING THIS SOFTWARE
AND ANY RELATED PRINTED MATERIALS (“SOFTWARE”), YOU ARE ACCEPTING AND
AGREEING TO THE TERMS OF THIS AGREEMENT.
IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.
General license agreement
This software and any accompanying documentation
are protected by International Copyright laws and Treaty provisions.
Any use of this software in violation of copyright law or the terms of this
agreement will be prosecuted to the best of the author’s ability.
You are hereby authorized to make archival copies of this software for the sole
purpose of back-up and protecting your investment from loss.
Under no circumstances may you copy this software or documentation for the
purposes of distribution to others. Under no conditions may you remove the
copyright notices made part of the software or documentation.
By installing this software you agree with you may not distribute any file included in this package (source code or binaries) to non licensed people,
unless stated in the
“Distribution Rights of our licensed SDKs” section below.
The origin of this software must not be misrepresented, you must not claim that you wrote the original software.
If you use this software in a product, an acknowledgment in the product documentation would be appreciated, but is not required.
Evaluation versions
The evaluations versions of the Datastead components have limited features,
stop randomly and/or display nag-screens.
The evaluation versions may be used ONLY for evaluation purpose.
Licensing
Our SDK license is a per-developer license.
By purchasing the developer license you are granted the royalty-free right to distribute your end-user application (executable binaries) to an
unlimited number of end-users.
Note: if you are developing an application as contractor for another company, the license must be purchased in the name of this company.
Support
The developer license includes 2 years of free upgrades and e-mail support.
Datastead will provide reasonable support through email. We will do our best to fix the bugs reported.
Evaluation
We offer a downloadable evaluation version to “try before you buy”. Before buying we recommend you to carefully test the current release with the
video capture devices and codecs you will be using.
Feel free to contact us in case of problem during the evaluation.
Distribution Rights of our licensed SDKs
Delphi or C++Builder native VCL versions of the Datastead components
You are granted a non-exclusive, royalty-free right to produce and distribute your
compiled end-user applications (.exe, .dll, etc…) compiled with the licensed Delphi or C++Builder versions of the Datastead
components.
DLL versions of the Datastead components
You are granted non-exclusive, royalty-free right:
– to produce and distribute your end-user applications based on a DLL version of the component,
– to distribute the licensed Datastead DLL required by your application.
Competitive products
You are NOT allowed to develop and/or distribute a SDK (Software Development Kit) based on our product(s).
Third-party patents
Certain standards-based technology may require patent licenses from third party patent holders (e.g. MPEG LA). The licenses provided by Datastead does
not include any third party patent licenses. It is your responsibility to acquire any third party licenses that are required depending on the features that are
being incorporated into the application.
Restrictions
Unless stated above in the “Distribution rights of the licensed versions”
section, you may not distribute, transfer, lease, lend, copy, modify, translate, sublicense, time-share, or electronically transmit or receive any of the
author’s commercial source code, demos, compiled units or documentation by any means whatsoever.
Upgrade
The upgrade version of the software constitutes a
single product of the author’s software that you upgraded. For example, the
upgrade and the software that you upgraded cannot both be available for use by
two different people at the same time, without written permission from the
author.
Limited warranty
Datastead warrants that for a period of ninety (90) days from the date of
shipment from Datastead: (i) the media on which the Software is furnished will
be free of defects in materials and workmanship under normal use; and (ii) the
Software substantially conforms to its published specifications. Except for the
foregoing, the Software is provided AS IS. This limited warranty extends only to
Customer as the original licensee. Customer’s exclusive remedy and the entire
liability of Datastead and its suppliers under this limited warranty will be the
refund of the Software. In no event does Datastead warrant that the Software is
error free or that Customer will be able to operate the Software without
problems or interruptions.
This warranty does not apply if the software (a) has been altered, except by
Datastead, (b) has not been installed, operated, repaired, or maintained in
accordance with instructions supplied by Datastead, (c) has been subjected to
abnormal physical or electrical stress, misuse, negligence, or accident, or (d)
is used in ultra hazardous activities.
Copyrights
All Datastead components are copyrighted by Michel FORNENGO (hereafter
“author”), and shall remain the exclusive property of the author.
Third-party code:
– the TVideoGrabber SDK includes the following code under MPL license: github.com/fancycode/MemoryModule
– the RTSP/RTMP/HTTP/ONVIF DirectShow Source and Multipurpose DirectShow Encoder include dynamically linked DLLs built from FFmpeg (www.ffmpeg.org) and Live555 (www.live555.com), both under LGPL license.
The FFmpeg binaries link to sub-libraries mainly under LGPL and BSD licenses, they are detailed in the “Third-party_Licenses.zip” file included in the packages.
There is no “pure GPL” code included in any of the Datastead products.
Disclaimer
The Author cannot and does not warrant that any
functions contained in the Software will meet your requirements, or that its
operations will be error free. The entire risk as to the Software performance or
quality, or both, is solely with the user and not the Author. You assume
responsibility for the selection of the component to achieve your intended
results, and for the installation, use, and results obtained from the Software.
The Author makes no warranty, either implied or expressed, including without
limitation any warranty with respect to this Software documented here, its
quality, performance, or fitness for a particular purpose. In no event shall the
Author be liable to you for damages, whether direct or indirect, incidental,
special, or consequential arising out the use of or any defect in the Software,
even if the Author has been advised of the possibility of such damages, or for
any claim by any other party.
ALL DATASTEAD SOFTWARE IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR
RESALE AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING
FAIL-SAFE PERFORMANCE SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT
NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT
MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD
DIRECTLY OR INDIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
All other warranties of any kind, either express or implied, including but not
limited to the implied warranties of merchantability and fitness for a
particular purpose, are expressly excluded.
General
This Agreement is the complete statement of the
Agreement between the parties on the subject matter, and merges and supersedes
all other or prior understandings, order orders, agreements and arrangements.
This Agreement shall be governed by the laws of France. Exclusive jurisdiction
and venue for all matters relating to this Agreement shall be in courts and fora
located in France, and you consent to such jurisdiction and venue. There are no
third party beneficiaries of any promises, obligations or representations made
by Datastead.