NeroSDK License Agreement January 2005 -------------------------------------------------------------------------------- License Agreement ----------------- IMPORTANT: PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE SOFTWARE. USING THE SOFTWARE INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AND AGREE TO ITS TERMS. 0.) Definitions: NeroSDK: means the package provided by Nero AG, Im Stoeckmaedle 18, 76307 Karlsbad, Germany ("Nero") for using the NeroAPI and as defined in Annex A. Nero Burning ROM: application software of Nero, distributed exclusivly by Nero and its licensors, and which has different names like, but not limited to, "Nero Burning ROM", "Nero Express", "Nero Express SE", "Nero Ultra Edition", "Nero Enterprise Edition" and "Nero SE". All names with and without version numbering. APPLICATION SOFTWARE: means software written by you using the NeroSDK, which has substantial different functionalities than NeroSDK and which is not a developer kit itself. NeroAPI: means Nero Application Programming Interface. It represents the interface for accessing the NeroAPI-Engine from Nero. NeroAPI-Engine: means Dynamic Link Library ("NeroAPI.DLL" and other related DLL's) included in the software package Nero Burning ROM of Nero. NeroAPI- Engine is part of the Nero Burning ROM license and can only be used pursuant to an accepted Nero end user license agreement. NeroAPI-Documentation: means the specification of the functionalities and usage of NeroAPI and NeroVision-API and NeroROBO-SDK. NeroAPI-Include: means the files that have to be included in the APPLICATION SOFTWARE source code to make it able to access NeroAPI functionalities. NeroAPI-Lib: means the files that have to be included in the APPLICATION SOFTWARE to make it able to manage communication with the NeroAPI-Engine which is present in the system. NeroAPI-Samples: means all files whose aim is to help the user understanding how to use NeroAPI and NeroROBO-SDK. NeroROBO-SDK-Include: means the files that have to be included in the APPLICATION SOFTWARE source code to make it able to access NeroROBO-SDK functionalities. NeroROBO-Manager: means a Dynamic Link Library ("NeroRobo.dll") included in the NeroSDK package. It allows Nero Burning ROM to correctly recognize valid robot drivers and utilize their functionality. NeroCmd: means Nero Command Line Tool. It allows execution of burn processes from the command line by using NeroAPI. It is also an example of application written using NeroAPI functionalities. NeroCmd-Documentation: means the text which explains how NeroCmd can be used and how its source code is structured. NeroCmd-Source Code: means the material needed for building the NeroCmd program. NeroCOM: means a set of COM (Component Object Model) classes and interfaces that can be used in any programming language that supports COM philosophy for execution of burn processes. NeroCOM-Documentation: means the text which explains how NeroCOM can be used. NeroCOM-Sample: means all files in source code whose aim is to help the user understanding how to write an application to use NeroCOM. AudioPluginManager: means the Nero Audio Plug-in Manager. It allows playing, decoding and encoding of different audio formats using Nero Burning ROM and other Nero applications. AudioPluginManager is part of the Nero Burning ROM license and can only be used pursuant to an accepted Nero end user license agreement. AudioPlugin: dll which will solely en- and/or decode audio formats, for usage with the AudioPluginManager. AudioPlugin-Sample: means all files whose aim is to help the user understanding how to write an AudioPlugin. AudioPluginManager-Documentation: means the text which explains how the AudioPlugin- Source Code works and how to create an AudioPlugin with it. AudioPlugin-Source Code: means the material needed for building the AudioPlugin- Sample and to create an AudioPlugin. AudioPlugin-Includes: : means the files that have to be included in the APPLICATION SOFTWARE source code to make it able to access the AudioPluginManager. NeroCBUI: means Dynamic Link Library ("NeroCBUI.dll") included in the software package Nero Burning ROM of Nero which can be called for easily integrating burning functionality into APPLICATION SOFTWARE. NeroCBUI is part of the Nero Burning ROM license and can only be used pursuant to an accepted Nero end user license agreement. NeroVision-API: means NeroVision Application Programming Interface. It represents the interface for accessing the NeroVision-Engine. NeroVision-API-Include: means the files that have to be included in the APPLICATION SOFTWARE source code to make it able to access NeroVision-API functionalities. NeroVision-API-Samples: means all files whose aim is to help the user understanding how to use the NeroVision API. NeroVision-API-Engine: means Dynamic Link Library ("NeroVisionAPI.dll" and other related DLL's) included in the software package Nero Burning ROM of Nero. NeroVision-API-Engine is part of the Nero Burning ROM license and can only be used pursuant to an accepted Nero end user license agreement. 1.) Software Product. Nero provides you with a package containing Application Programming Interfaces ("API", "NeroAPI", "NeroVision-API"), documentation ("NeroAPI-Documentation"), a sample code how to use NeroAPI ("NeroAPI-Samples") and NeroVision-API ("NeroVision-API-Samples"), a library ("NeroAPI-Lib"), include files ("NeroAPI-Include", "NeroVision-API-Include" and "NeroROBO-SDK-Include"), a Command Line Tool ("NeroCmd") including Source Code ("NeroCmd-Source Code") and documentation ("NeroCmd-Documentation"), a set of COM classes and interfaces ("NeroCOM") including documentation ("NeroCOM- Documentation") and sample code ("NeroCOM-Sample"), an Audio Plug-in Manager documentation and source code ("AudioPluginManager-Documentation"), ("AudioPlugin-Samples") and a ROBO library ("NeroROBO-Manager"). NeroCmd-Source Code and AudioPlugin-Source Code could be used for building customized versions of NeroCmd, and AudioPlugins. Those customized versions shall not be described as NeroCmd and nor as AudioPlugin-Sample, but shall be considered as APPLICATION SOFTWARE. Also NeroCOM-Sample could be used for building customized versions and shall be considered as APPLICATION SOFTWARE. The NeroROBO-Manager, if bundled with a fully functional Robo implementation based thereof, becomes APPLICATION SOFTWARE as long as the latest version of the NeroROBO-Manager, available through the NeroSDK, is bundled. Nero grants you a license to use this Product ("NeroSDK") in accordance with the terms of this License. The software, tools and utilities, accompanying this License, whether in Source Code or Object Code, whether on disk, on compact disc, available by download from www.nero.com, or any other media are licensed, not sold, to you by Nero. NeroSDK and any copies and modifications which this License authorizes you to make are subject to this License. The copyright and all other rights in NeroSDK or its modifications, derivatives, and merged portions thereof, are protected under international copyright laws. 2.) License Grant. This License allows you to use NeroSDK solely for developing APPLICATION SOFTWARE. Nero grants to you as an individual (or an entity in the strictly limited circumstances specified below), a personal, non-exclusive, non-sublicensable, non-transferable license under Nero's copyrights to use, copy, modify NeroSDK for your own internal operations of designing, developing and testing APPLICATION SOFTWARE. In order to develop APPLICATION SOFTWARE, you may incorporate NeroAPI-Include, NeroROBO-SDK-Include, NeroROBO-Manager, NeroVision-API-Include, NeroAPI-Lib, AudioPlugin-Include and/or parts or all of NeroCmd-Source Code, NeroCOM-Sample and AudioPlugin-Source Code into your program and compile in combination with your own program. Internal operation shall mean your use to develop APPLICATION SOFTWARE, but shall not include providing NeroSDK in full or in parts in any form whatsoever to any third party via download, time sharing, service bureau or in any other manner. NeroSDK is considered to be in use on a computer when it is loaded into temporary memory or installed into permanent memory. You may install a copy of NeroSDK on only one specific computer provided that you are the owner of the computer and the only individual using NeroSDK. After a copy of NeroSDK has been used on a computer, it may not be used on any other computer, unless you first accept a license of NeroSDK for each other computer. If you are an entity, Nero grants you for each license the right to designate one individual within your organization to have the right to use NeroSDK in the manner provided above. You may also store or install a copy of NeroSDK on a storage device, such as a network server, used only to install or run NeroSDK on your other computers over an internal network; provided that you first accept and dedicate a license for each separate computer on which NeroSDK will be installed or run from the storage device. A license for NeroSDK may not be shared or used concurrently on different computers. NeroSDK is only available from Nero and shall not be passed to third partys or entities without prior written consent by Nero. NeroSDK will use the embedded NeroAPI-Engine and NeroVision-API-Engine, the AudioPluginManager and NeroCBUI of Nero Burning ROM. Therefore, the Nero Burning ROM product needs to be installed prior to using NeroAPI-Engine, NeroVision-API- Engine, AudioPluginManager, NeroCBUI or NeroSDK, NeroROBO-Manager or parts thereof. This means that for each computer on which you plan to use NeroSDK you must acquire a license of Nero Burning ROM. All functionalities of NeroSDK will be available only when the most current version of Nero Burning ROM is installed on the system. The NeroSDK will also work with fewer functionalities provided that at least Nero Burning ROM version 5.5.3.5 is installed, for using the AudioPlugManager at least Nero Burning ROM 5.5.9.0 must be installed, for using the NeroVision-API at least NeroVision Express 2.1.2.0 must be installed. Nero and its licensors do not and cannot warrant, that future versions of Nero Burning ROM will support NeroSDK. At Nero's sole discretion, future versions of Nero Burning ROM might not include the NeroAPI-Engine, NeroVision-API-Engine, the AudioPluginManager, NeroCBUI or only a limited feature set of the current or future versions of NeroAPI-Engine, NeroVision-API-Engine, the AudioPluginManager or the NeroCBUI, or it might be removed completely. You may distribute your APPLICATION SOFTWARE in object code and/or source code form (exception: NeroROBO-Manager as object code only) only provided that (i) you advise your customers that for the burning process of your APPLICATION SOFTWARE a license of Nero Burning ROM must be acquired and available for each computer of your customer and you advise your customers that the initialising of NeroAPI-Engine on the processor of the customer must have been completed successfully, (ii) you distribute such code under the terms and conditions of an end user license agreement with terms no less protective than the provisions contained in this NeroSDK License, (iii) you include a copyright notice reflecting your copyright ownership in such APPLICATION SOFTWARE, (iv) you shall be solely responsible to your customers for any update or support obligation or other liability which may arise from such distribution, (v) you shall not make any statements that your APPLICATION SOFTWARE is "certified," or that its performance is guaranteed, by Nero, (vi) your APPLICATION SOFTWARE has substantial different functionalities than NeroSDK and is not a developer kit itself, (vii) you do not describe or represent your APPLICATION SOFTWARE as NeroSDK, (viii) you do not use Nero's name or trademarks to market your APPLICATION SOFTWARE without the prior written consent of Nero and (ix) your APPLICATION SOFTWARE does not support CD and/or DVD recording by any other third-party-tool, third-party- SDK or by itself, (x) you do not allow your customers to redistribute or sublicense the NeroROBO-Manager. Use of Nero Burning ROM, NeroAPI-Engine, NeroVision-API-Engine, AudioPluginManager, NeroCBUI, NeroROBO-Manager and/or any other software of Nero is subject to the applicable end user license agreement for such software even if such software is supplied to you in connection with this License. You may distribute Nero's Nero Burning ROM, the NeroAPI-Engine, the NeroVision-API-Engine, the AudioPluginManager, NeroCmd, NeroCOM or NeroCBUI with your APPLICATION SOFTWARE only under a separate license from Nero. Nero is under no obligation to provide any support, assistance, training or other services under this License, including updates, upgrades or future versions of NeroSDK, Nero Burning ROM and/or any component thereof, to you, to end users, or to any other party. Any further developer support, software licensing, trademark licensing and trademark usage information that may be available is accessible through www.nero.com. Users without Nero Burning ROM installed may be advised to download Nero Burning ROM from www.nero.com Except as expressly permitted in this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan or create derivative works of NeroSDK in whole or part and you are granted no other license or right with respect to NeroSDK directly or by implication, estoppel or otherwise. The following is strictly prohibited: using the AudioPluginManager, the AudioPluginManager- Documentation or the AudioPluginManager-Includes for playing, decoding and/or encoding of audio formats from any APPLICATION SOFTWARE, which is not itself an AudioPlugin. Notwithstanding any other provision of this Agreement, you may not use NeroSDK in a manner inconsistent with any written agreement between Nero and you or your employer, or after termination or expiration of any such agreement. 3.) Copyright. All title and copyrights in and to NeroSDK (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the NeroSDK) and any copies of NeroSDK are owned by Nero or its licensors. NeroSDK is protected by copyright laws and international treaty provisions. Therefore, you must treat NeroSDK like any other copyrighted material except that you may install NeroSDK on a single computer provided you keep the original solely for backup or archival purposes. 4.) Disclaimer of Warranty. NERO AND ITS LICENSORS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU OR END USERS MAY OBTAIN BY USING NEROSDK. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, NERO AND ITS LICENSORS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO NEROSDK OR ANY COMPONENT THEREOF, INCLUDING BUT NOT LIMITED TO FUTURE AVAILABILITY AND SUPPORT OF NEROSDK, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Some states or provinces do not allow the exclusion of implied warranties so the above limitations may not apply to you. You may have rights that vary from jurisdiction to jurisdiction. 5.) Limitation of Liability. IN NO EVENT WILL NERO OR ITS LICENSORS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER ARISING FROM THIS LICENSE AND/OR YOUR USE OF NEROSDK OR ANY COMPONENT THEREOF, INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN NERO REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. NERO'S AGGREGATE LIABILITY AND THAT OF ITS LICENSORS UNDER OR IN CONNECTION WITH THIS LICENSE SHALL BE LIMITED TO TEN US DOLLARS (US $ 10.00). Because some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. 6.) Indemnification. You agree to defend, indemnify and hold Nero and its licensors harmless from and against any claims or lawsuits, including attorney's reasonable fees, that arise or result from the use of APPLICATION SOFTWARE, provided that Nero gives you prompt written notice of any such claims, tenders to you the defense or settlement of such a claim at your expense, and cooperates with you, at your expense, in defending or settling such claim. 7.) General. This License constitutes the complete and exclusive agreement between Nero and you with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. You may not assign your rights or obligations granted under this License without the prior written consent of Nero. None of the provisions of this License shall be deemed to have been waived by any act on the part of Nero, but only by an instrument in writing signed by an authorized signatory of Nero. If any provision of this agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability (i) of such provision under other circumstances, or (ii) of the remaining provisions hereof under all circumstances. The failure of either party to enforce any of the provisions hereof will not be construed to be a waiver of the right of such party thereafter to enforce such provisions. Any and all remedies herein expressly conferred upon a party will be deemed cumulative and not exclusive of any remedy conferred hereby or by law, and the exercise of any one remedy will not preclude the exercise of any other. Headings will not be considered in interpreting this Agreement. This License will be governed by and construed in accordance with the substantive laws in force in the Federal Republic of Germany. The respective law courts of Karlsruhe, Germany, shall have non-exclusive jurisdiction over all disputes relating to this License. This License will not be governed by the conflict of law rules of any jurisdiction or of the United Nations Convention on contracts for the International Sale of Goods, the application of which is expressly excluded. You acknowledge that you have read this License, understand it, and that it is the complete and exclusive statement of your agreement with Nero which supersedes any prior agreement, oral or written, between Nero and you with respect to the licensing to you of this NeroSDK. No variation of the terms of this License will be enforceable against Nero unless Nero gives its express prior consent in a writing signed by an authorized signatory of Nero. Your rights under this License will terminate automatically without notice from Nero if you fail to comply with any term(s) of this License. (c) Copyright Nero AG January 2005. All rights reserved. ANNEX A Package content --------------- \NeroAPI \Doc NeroAPI-Documentation \Include NeroAPI-Include files \Lib NeroAPI Glue library file \Samples NeroAPI Example programs source code with Visual C++ 6 workspace \NeroVisionAPI \Doc NeroVision API-Documentation \Include NeroVision API IDL file and XML schema definition \Samples NeroVision API Example source code \NeroCBUI \Doc NeroCBUI-Documentation \Include NeroCBUI-Include files \Samples NeroCBUI Example programs source code \NeroCOM \Doc NeroCOM-Documentation \Samples NeroCOM Example source code \NeroCMD \Doc NeroCMD-Documentation \Bin NeroCMD executable file \Src NeroCMD-Source Code \NeroROBO \Doc NeroROBO documentation \Lib NeroROBO-Manager DLL file \Include NeroROBO-Include files \Samples NeroROBO Example source code \AudioPluginManager \Doc AudioPluginManager-Documentation \Include AudioPluginManager-Include files \Common AudioPluginManager Utility source files \Samples AudioPluginManager Example source code Feedback -------- If you find bugs, errors or have any suggestions, you can send e-mails to the following address: NeroSDK@nero.com. Your comment will be taken into account for the future releases, but will not be replied. But please do not send any technical questions related to NeroSDK. Unfortunately, we do not have enough resources to provide individual support for this product. However, we provide a forum for all users of the NeroSDK to get in dialog with each other at http://www.nero.com/link.php?topic_id=17. We will also monitor the messages from time to time and try to help where possible. If you have any questions concerning this License, you can contact us at legal@nero.com.