repos_ecs/其他2015后/光盘刻录类/Nero 1.08SDK与例子/NeroSDK-1.08/NeroSDK_License.txt

NeroSDK License Agreement January 2005
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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.