Gamecaster License Agreement
This License Agreement ("Agreement") is a legal agreement between You ("You" / "Licensee") either on behalf of yourself as an individual or on behalf of an organization as its authorized representative, and Gamecaster Pte Ltd, a company offices at 600 North Bridge Road, #13-05 Parkview Square, Singapore 188778 ("Licensor"), with respect to the Gamecaster products offered and/or provided to you by Licensor ("Gamecaster Product" / "Software") and is effective as of the date this Agreement is accepted ("Effective Date").
By downloading, deploying, installing, activating, copying or otherwise using the Gamecaster Product, You accept to be bound by all of the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install the Gamecaster Product.
Grant of License and Ownership. Subject to the terms and conditions contained in this Agreement, Licensor grants You a non-exclusive, non-transferable license to use the Gamecaster Product for any legal purpose (the "Purpose").
If open source components are distributed along with the installation of the Gamecaster Product or used in the Gamecaster Product, you may refer to the text document "acknowledgement.txt" or "License.txt" for separate rights and license conditions applying to such software. Licensor has no obligation to provide you with, and this license does not entitle you to receive any hard-copy documentation or other printed materials, technical support services, telephone assistance or modifications, enhancements or supplements to the Gamecaster Product.
Responsibility for User Accounts and Passwords. You are responsible for maintaining the confidentiality of User Accounts and Passwords. You agree to immediately notify Licensor of any unauthorized use of Your account of which You become aware.
YouTube authentication. When authenticating with or connecting the Gamecaster Product with YouTube, you agree to be bound by the YouTube Terms of Service.
Twitch authentication. When authenticating with or connecting the Gamecaster Product with Twitch, you agree to be bound by the Twitch Terms of Service.
Facebook authentication. When authenticating with or connecting the Gamecaster Product with Facebook, you agree to be bound by the Facebook Terms of Service.
Improper Use. The Gamecaster Product may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by patent, copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Licensee acknowledges that transmission, distribution or storage of material, may require Licensee to acquire rights from a third party to avoid infringing on the rights of such third party.
Use of the X264 encoder. For encoding of video in H.264 compressed bit-stream format the Gamecaster Product makes use of the X264 encoder. The encoder is distributed with the Gamecaster Product as a dynamic link library named libx264\*.dll. Use of this library is only permitted in connection with direct operation of the Gamecaster Product, subject to general usage guidelines, and must only be accessed indirectly by use of the command line or GUI interface of the Gamecaster Product.
Intellectual Property Rights. Licensor shall retain all rights, title and interest in the Gamecaster Product, including, without limitation, all intellectual property rights embodied therein. You will not acquire any rights, express or implied, in the Gamecaster Product, other than those specified in this Agreement. All third party licensors and suppliers retain all rights, title and interest in third party software and all copies thereof, including all copyrights and other intellectual property rights. Licensor does not claim any rights to any product or material produced by You, by use of the Gamecaster Product as a production tool.
License Restrictions. You may not distribute, sublicense, rent or lease the Gamecaster Product. You may not, nor may you authorize or assist others to: (i) reverse engineer, decompile, or disassemble the Gamecaster Product; (ii) modify, or create derivative works based upon the Gamecaster Product in whole or in part; (iii) distribute copies of the Gamecaster Product; (iv) remove or change any proprietary rights notices or labels on the Gamecaster Product or related products; or (v) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to the Gamecaster Product. Any use in violation of this Section 7 shall immediately terminate this Agreement.
Licensor's rights to Provide Additional Services, Features, and Offers to Paid Licensees. The Licensor reserves the right to provide additional services, features and offers to Licensees who have paid for such additional services, features and offers..
Meeting of Licensee Needs. You have the responsibility to familiarize yourself with the key functions of the Gamecaster Product before acquiring a paid license or offering. Licensee shall bear the risk as to whether the Gamecaster Product meets the individual requirements and needs of the Licensee. The setup of a functional hardware and software environment for the Gamecaster Product subject to the relevant agreement shall be the sole responsibility of the Licensee.
Trial Offers, Coupons, Credits and Special Offers. Licensor reserves the right to discontinue or modify trial offers, coupons, credits and special promotional offers at Licensor's sole discretion.
Recurring Payments. You acknowledge and agree that some or all of Licensor’s financial offers, may be offered on a subscription model, with automatic renewal of your license at the end of each license period (the “Renewal Date”), and subject to recurring payments. By accepting such offer, You authorize Licensor to charge Your credit/debit card now and at each Renewal Date. Licensor will always notify you of any price increases, prior to charging Your credit card or account. Your subscription will continue and be renewed automatically until such time as You elect to cancel the subscription, prior to a Renewal Date. Upon cancellation, Your existing license for the Gamecaster Products will not be affected, however, Your credit/debit card or Paypal account will not be charged on the subsequent Renewal Date, and Your license type will revert to the free License on this Renewal Date. You have the right to cancel Your subscription and recurring payments at any time.
Refund Policy. You acknowledge that You, through the use of the free License for the Gamecaster Product, have had opportunity to test the Gamecaster Product prior to acquiring any paid license type for the Gamecaster Product. All sales are final, non-cancelable and non-refundable except as otherwise determined by Licensor in its sole discretion on a case to case basis. You further acknowledge and agree that some or all of Licensor’s financial offers for a paid license type of the Gamecaster Product, may be offered on a subscription model, subject to recurring payments and that You can cancel Your subscription at any time. Cancelling Your subscription after the beginning of a paid license period, does not entitle you to a full or partial refund for that license period. If You do not cancel Your recurring payment subscription before a Renewal Date, You are not entitled to a refund for the recurring payment charged to Your credit/debit card or Paypal account on that Renewal Date. You have the sole responsibility to cancel Your subscription before the Renewal Date if you do not wish to continue Your subscription.
Affiliate Program. Licensor may offer participation in affiliate programs whereby you may receive financial benefits. To participate in such programs, You are required to first sign up with a third party service through which the affiliate program is administered and follow any additional steps required to validate your affiliate account. You acknowledge that you will not receive any affiliate benefits for referrals and actions taken before signing up with such third party service and validating your affiliate account. Other terms and conditions may apply in connection with such programs, and You acknowledge that you have read and understood these terms and conditions prior to participating in an affiliate program.
Term and Termination. You have the right to use the Gamecaster Product for the Purpose from the period commencing upon acceptance of this Agreement and ending upon a termination date that may be specified by Licensor. Upon termination of this Agreement, all functionality of the Gamecaster Product will be deactivated and You must erase from computer memory the Gamecaster Product and all integrated third-party software unless otherwise specified in this Agreement or in accompanying documentation. You can terminate this agreement at any time by erasing from computer memory the Gamecaster Product and all integrated third-party software.
Confidential Information. You acknowledge and agree that any information, documentation, product related information or any other proprietary technology or know-how related to the Gamecaster Product, that cannot reasonably be considered public knowledge, that might be disclosed to You by Licensor, constitute "Confidential Information" of Licensor, and You agree to keep the same confidential and not to use the same for any purpose, other than the purpose for which Licensor disclosed this information to You. You will protect the Confidential Information by using the same degree of care as You would use to protect Your own Confidential Information, but no less than a reasonable degree of care, from the unauthorized use, dissemination or publication of the Confidential Information. You agree to hold all Confidential Information in confidence for a period of one (1) year from the date of termination or expiration of this Agreement.
Rights to Feedback. You agree that the reports that You provide to Licensor, all suggestions, recommendations, and/or ideas, all authorized modifications or derivations made by You to the Gamecaster Product, or any other information you provide Licensor in relation to the Gamecaster Product ("Feedback") shall be deemed non-confidential to You and by providing Licensor with such Feedback, You are granting Licensor, under Your intellectual property rights, a worldwide, royalty-free, irrevocable and non-exclusive license, to use and disclose the Feedback in any manner Licensor chooses and to display, perform, copy, make, have made, use, sell, and otherwise dispose of Licensor's products embodying such Feedback in any manner and via any media Licensor choose, without reference or obligation to You.
No Obligation. Licensor is under no legal obligation to further develop, maintain or market the Gamecaster Product or to release production or general availability versions.
No Warranty. YOU ACKNOWLEDGE THAT THE GAMECASTER PRODUCT AND RELATED DOCUMENTATION ARE BEING DELIVERED "AS IS" WITHOUT WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL LICENSOR BE LIABLE TO YOU OR ANY OTHER PERSON FOR DAMAGES, DIRECT OR INDIRECT, OF ANY NATURE OR EXPENSES INCURRED BY YOU IN CONNECTION WITH THE USE OF THE GAMECASTER PRODUCT. YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO TERMINATE THIS LICENSE AGREEMENT
Licensor's Rights to Change Technology in Future Releases. You have the right to accept updates and new releases that may be offered for the Gamecaster Product. At the discretion of the Licensor, the Licensor may maintain access to older releases than the current official release for You to use. At any time Licensor has the right to change or remove third party software that is integrated into the Gamecaster Product.
Indemnification. You agree to defend, indemnify and hold harmless Licensor from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out Your breach of any provision of this Agreement or Your use of the Gamecaster Product, including, but not limited to, the use of the Gamecaster Product to infringe on any third party intellectual property rights.
Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of Singapore, without reference to its choice of law provisions. You agree that this Agreement supersedes any prior agreement, whether written or oral, and all other communications between Licensor and You relating to the subject matter of this Agreement. Licensor may change the terms of this Agreement at any time by posting modified terms on its website.
Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable for any reason, it shall not affect any other provision of this Agreement, and this Agreement shall be construed as if said provision had never been contained in this Agreement.