New submission from Carl Eugen Hoyos <[email protected]>:
SageTV offers SageTV Media Center v7 (SageTV_V7_0_23Setup.exe, size 60466688,
md5sum 122aec9d4f24e0f32d87fc4382b92f5f, will upload to
samples/ffmpeg-bugs/roundup/issuennnn). The installer contains libavcodec
(probably LGPL) and shows attached incompatible EULA. No sources visible, no
attribution.
Contact: [email protected]
SageTV Offices
9800 South La Cienega Blvd, Suite 905
Inglewood, CA 90301
----------
files: EULA.txt
messages: 12638
priority: normal
status: open
substatus: open
title: SageTV violates the LGPL
topic: (L)GPL violation
________________________________________________
FFmpeg issue tracker <[email protected]>
<https://roundup.ffmpeg.org/issue2375>
________________________________________________
SageTV SOFTWARE LICENSE AGREEMENT
PLEASE READ THIS SageTV SOFTWARE LICENSE AGREEMENT ("Agreement") CAREFULLY
BEFORE PRESSING THE "I ACCEPT" BUTTON, INSTALLING THE SageTV SOFTWARE OR USING
THE SageTV SOFTWARE. BY PRESSING "I ACCEPT", INSTALLING THE SOFTWARE OR USING
THE SOFTWARE YOU ("Licensee") ARE CONFIRMING YOUR AGREEMENT TO BE BOUND BY THE
TERMS OF THIS AGREEMENT AND ANY OTHER ASSOCIATED DOCUMENTATION. IF YOU DO NOT
AGREE TO THE TERMS OF THIS AGREEMENT PRESS "I DO NOT ACCEPT" AND DELETE ALL
COPIES OF THE SOFTWARE AND RETURN THE CD-ROM, IF APPLICABLE, AND ALL
ACCOMPANYING DOCUMENTATION AND OTHER MATERIALS TO SageTV, LLC ("SageTV") WITHIN
THIRTY (30) DAYS OF YOUR RECEIPT OF THE SOFTWARE FOR A FULL REFUND OF THE
LICENSE FEE, IF ANY, THAT YOU HAVE PAID.
IMPORTANT: THE SageTV SOFTWARE IS A PROPRIETARY PRODUCT AND IS PROTECTED BY
COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS. IT IS LICENSED (NOT SOLD) FOR
USE SUBJECT TO THE CONDITION THAT LICENSEE AGREES TO THE TERMS OF THIS
AGREEMENT.
Background
SageTV has developed a proprietary software program called SageTV that allows a
home computer to record a television signal. Licensee wishes to use the
Product (as defined in Section 1 below) on Licensees home computer for
non-commercial purposes.
Licensee and SageTV agree as follows:
The Agreement
1. License Grant. SageTV hereby grants Licensee a limited, non-exclusive,
non-transferable, revocable license to make one copy of the SageTV software,
and any fixes, releases, updates, modifications or additions (collectively, the
"Software") provided to Licensee by SageTV, for Licensees personal use,
performance and display on Licensees home personal computer under the terms
and conditions of this Agreement. The Software is in "use" on a computer when
it is loaded into temporary memory (i.e. RAM) or installed into permanent
memory (e.g., hard disk, CD-ROM, or other storage device) of that computer.
The Software may be used on a single personal computer only and may only be
networked or used on a server for access by multiple computers if those
individual computers have a licensed version of the SageTV Client or SageTV
Recorder installed. SageTV also grants Licensee a limited, non-exclusive,
non-transferable revocable license to use all media and documentation related
to the Software at home, for non-commercial purposes. "Product" in this
Agreement means the Software and all media and documentation related to the
Software.
2. Restrictions. The Product is comprised of proprietary software and
materials and is protected by the laws of the United States, including but not
limited to its copyright and patent laws. Licensee may not:
(a) copy, distribute, sublicense, transfer, modify, or assign the Product
or any portion or copy of the Product, to any third party;
(b) copy, use or exploit the Product other than in accordance with this
Agreement;
(c) resell, rent, use in a service bureau environment, sublicense or
otherwise transfer rights to the Product to any third party;
(d) reverse engineer, disassemble, or decompile the Product or assist any
other entity in doing so;
(e) remove or obscure any proprietary notices on the Product.
3. Ownership. The Product (including any images, "applets", plug-ins,
photographs, animations, video, audio, music and text incorporated into the
Product) is owned by SageTV or it licensors and is protected by United States
copyright and patent laws and international treaty provisions and all other
applicable national laws. All rights are reserved. Licensee must treat the
Software like any other copyrighted material (e.g., a book or musical
recording) except that if the Software is not copy protected Licensee may
either (a) make one copy of the Software solely for backup or archival
purposes, or (b) transfer the Software to a single hard disk provided Licensee
keeps the original solely for backup or archival purposes. Licensee may not
copy the user documentation accompanying the Software. The trademarks
contained in the Product are owned by their respective owners. No right,
license or interest to any trademark is granted by this Agreement and Licensee
agrees that no right, license or interest will be asserted by Licensee with
respect to the trademarks contained in the Product.
4. U.S. Government Restricted Rights. The Product is provided with
restricted rights. Use, duplication, or disclosure by the United States
Government is subject to restrictions as set forth in this Agreement and at
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 (June 1987), or FAR 52.227-14
(ALT III), as applicable. Manufacturer is SageTV, LLC.
5. Term/Termination. This Agreement is effective from the date of
Licensees acceptance. This Agreement will automatically terminate upon any
breach of its terms by Licensee.
6. Licensee Obligations. Licensee will:
A. provide a proper operating environment for the Product including, at a
minimum, the specifications set forth at SageTVs Internet Site, www.sagetv.com;
B. promptly install all fixes, releases, updates, modifications and
additions to the Product delivered to Licensee by SageTV and destroy all copies
of previous versions of the Product;
C. use the Product only as authorized in this Agreement;
D. use the Product in compliance with all applicable laws including,
without limitation, United States copyright laws; and
E. preserve all proprietary notices in any copy of the Product in the same
manner those notices appear in the original.
7. Limited Warranty and Disclaimers. SageTV warrants that the media
containing the Product is free from defects in materials and workmanship for a
period of sixty (60) days after receipt by Licensee. SageTV will replace any
defective or malfunctioning media at no charge during the warranty period. For
warranty service, Licensee may contact SageTV at: SageTV, LLC., Two Mid America
Plaza, Suite 800, Oakbrook Terrace, IL 60181. Any hardware accompanying the
Product (including Optional Equipment, as defined in Section 9 below) will be
warranted pursuant to the manufacturers warranty only. Except as explicitly
set forth in this Section 7, The Product is distributed and licensed "as-is",
with no warranties whatsoever, express or implied, including, without
limitation, warranties of merchantability, fitness for any particular purpose
or non-infringement of patents, copyrights or other proprietary rights of
others. Some states and jurisdictions do not allow limitations on implied
warranties, so the above limitations may not apply to Licensee. When the
implied warranties are not allowed to be excluded in their entirety, they will
be limited to the duration of the limited warranty above. This limited
warranty grants Licensee specific legal rights and Licensee may also have other
rights which vary from state to state.
Due to the complex nature of computer software, SageTV and its licensors do not
warrant that the Product is completely error free, will operate without
interruption, or is compatible with all equipment and software configurations.
Licensee expressly assumes all risk for use of the Product.
8. Limitation Of Liability. To the maximum extent permitted by law,
SageTV will not have any liability or responsibility to Licensee for damages of
any kind, including special, indirect or consequential damages (including,
without limitation, damages for loss of data), arising out of or resulting from
the Product, any component, documentation, services or materials made available
to Licensee under this Agreement or the use or modification of any of them,
even if SageTV has been advised of the possibility of the damages. In any
case, SageTVs and its licensors entire liability under any provision of this
Agreement will be limited to the amount actually paid by Licensee to SageTV for
the Product or ten dollars ($10.00), whichever is greater. Some states do not
allow the limitation or exclusion of liability for incidental or consequential
damages, or have legislation which restricts the limitation or exclusion of
liability, so the above limitation may not apply to Licensee in those states.
9. Optional Equipment / EPG Service. SageTV may provide Licensee with a
capture card or other hardware enabling Licensee to use the Product (the
"Optional Equipment"). If Licensee received Optional Equipment, Licensee
agrees to pay SageTV for the Optional Equipment. Licensee will be responsible
for all shipping, handling and taxes related to the sale of the Optional
Equipment. Title to the Optional Equipment will pass from SageTV to Licensee
upon payment in full from Licensee to SageTV of all amounts related to the
Optional Equipment. Licensee acknowledges and agrees that the Optional
Equipment is provided to Licensee by SageTV as a convenience, "as is" and
subject only to any warranty offered by the original manufacturer of the
Optional Equipment. Currently, SageTV provides electronic programming guide
service (the "EPG Service") to End Users in the United States of America and
Canada at no charge. End User acknowledges that SageTV reserves the right to
discontinue provision of the EPG Services and to separately charge End Users
for provision of the EPG Service.
10. Indemnification. Licensee agrees to defend, indemnify and hold
harmless SageTV, its officers, directors and employees from and against any
claims, suits, losses, damages, fines and expenses (including attorneys fees
and costs) arising out of or in any way related to Licensees use of the
Product: (i) in violation of any law; and (ii) resulting in any actual or
alleged infringement, misappropriation or violation of any third partys rights.
11. Survival. The terms and conditions of Sections 8 and 10 through 16
will survive the termination or expiration of this Agreement.
12. Injunctive Relief. SageTV has and may cumulatively exercise all rights
it might have at law or in equity for the protection of the Product, including,
without limitation, injunctive relief enjoining the breach or threatened breach
of this Agreement. In the event Licensee breaches or threatens a breach of
this Agreement, Licensee agrees that SageTV will be entitled to injunction and
other temporary and permanent equitable relief without requirement of posting
bond and without the necessity of showing actual money damages.
13. Governing Law. So far as may be permitted by the laws of their
respective jurisdictions, SageTV and Licensee expressly agree that this
Agreement is governed by and construed in accordance with the laws of the State
of Illinois, United States of America, without regard to its conflict of law
principles. Except where SageTV seeks equitable relief, the parties agree that
the state and federal courts located in Cook County, Illinois will be the sole
and exclusive venue and jurisdiction for any litigation arising from this
Agreement. PURSUANT TO ARTICLE 6 OF THE UNITED NATIONS CONVENTION ON CONTRACTS
FOR THE INTERNATIONAL SALE OF GOODS ("UN CONVENTION"), LICENSEE AND SAGETV
AGREE THAT THE UN CONVENTION WILL NOT APPLY TO THIS AGREEMENT.
14. Export Law Assurances. Licensee may not use or otherwise export or
re-export the Product except as authorized by United States law and the laws of
the jurisdiction in which the Product were obtained. In particular, but
without limitation, the Product may not be exported or re-exported (including,
without limitation, any download or delivery): (i) into (or to a national or
resident of) any U.S. embargoed country or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Department of
Commerce's Table of Denial Orders. By downloading or using the Product,
Licensee represents and warrants that Licensee is not located in, under control
of, or a national or resident of any country to which export is prohibited or
on any list maintained by the U.S. government prohibiting delivery of the
Product to Licensee.
15. Waiver. SageTVs failure to exercise, or delay in exercising, any of
its rights under this Agreement will not constitute or be deemed a waiver or
forfeiture of those rights.
16. English Language. SageTV and Licensee have required that this
Agreement and all documents related to this Agreement be drawn up in English.
For Licensees resident in Quebec, France and other francophone jurisdictions:
SageTV et Licensee ont demandé expressément qua la présente entente et tous les
document et avis connexes soient rédigés en anglais.
17. Entire Agreement. This Agreement is the entire agreement between the
parties concerning the Product and it supersedes any prior or contemporaneous
written or oral agreements with respect to the subject matter, and may not be
amended or modified except by subsequent agreement in writing by Licensee and
an officer of SageTV.
SageTV, LLC, Two Mid America Plaza, Suite 800, Oakbrook Terrace, IL 60181
Licensee acknowledges that Licensee has read these Agreements, understands
them, and agrees to be bound by their terms and conditions. By clicking "I
ACCEPT", Licensee expressly agrees to the terms and conditions of these
Agreements.
