FLOWPLAYER COMMERCIAL LICENSE version 0.1
==========================================
Copyright (c) 2008 Flowplayer Ltd, all rights reserved

Please read this License carefully before using, downloading or installing the 
Software (Flowplayer, as defined below). By using, downloading or installing the Software,
Licensee is agreeing to be bound by this License and the licenses 
granted hereunder are subject to compliance with any and all terms of this License. IF 
YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE, DO 
NOT USE, DOWNLOAD, INSTALL OR DISTRIBUTE ANY OF THE LICENSED 
SOFTWARE. 

Terms and definitions
=====================

"Software" means the licensed Flowplaeyer software

"Adaptation" means a derivative work based upon the Licensed Software resulting 
from any addition to, editing of or deletion from the substance or structure of 
the original source code or a compiled version of the Licensed Software or any 
previous Adaptations or a work that programmatically interacts with the Licensed 
Software. 

"Licensed Software" means the same as Software.

"License" means this document.

"Licensor" means Flowplayer Ltd.

"License Key" a alphanumeric key that is used to activate the Sofware. The License
Key is provided by Licensor. 

"Licensee" means an individual or entity exercising rights under and complying 
with the terms of this License who has not previously violated the terms of this 
License with respect to the Software, or who has received express 
permission from the Licensor to exercise rights under this License despite a 
previous violation. 

License Grant
=============
Licensor hereby grants the Licensee to:

Integrate and use the Software in one (1) Internet domain that has been registered 
with Licensor. Licensor provides a license key that is tied to the domain name.

Make an Adaptation and integrate it in one (1) Internet domain that has been registered 
with Licensor. The Adaptation must not remove the License Key logic from the
Software so that the Adaptation only functions if a valid license key has
been configured for it.

Applicability of License 
========================

This License applies to the Software version purchased by the Licensee. 
Additional later versions released by the Licensor are not part of this License.

Protection of Licensed Software 
===============================

Except as specifically set forth herein or as otherwise agreed to between 
Licensor and Licensee, Licensee shall not have the right to copy, relicense, 
sell, lease, transfer, encumber, assign or make available for public use the 
Software. Any attempt to take any such actions is void, and will 
automatically terminate your rights under this License. 

Licensee shall use its best efforts to ensure that no unauthorized copy of the Licensed 
Programs shall be made, in whole or in part, in any form.  Licensee shall prohibit all 
users of the Software from modifying, reverse-engineering or disassembling 
any part of the Software.  All rights not expressly granted by Licensor are 
hereby reserved.   

Effective Date 
==============

The rights and licenses granted hereunder shall commence on the date any of the 
Software are electronically delivered to Licensee.  Licensor agrees to make the 
Software available for electronic delivery to Licensee promptly after receipt by 
Licensor of the License Fee.  For purposes of this Agreement, the “License Fee” means 
the amount of money required to be paid by Licensee to Licensor for legal usage of the 
Software under the terms of this agreement. 

Termination of the license
==========================
This license is subject to termination by Licensor at any time if (a) Licensee 
violates any terms of this License, (b) Licensor has a reasonable basis to believe
that Licensee's business is impairing Licensor's business.

Ownership of Intellectual Property 
==================================
Licensor is the sole owner of all intellectual property rights pertaining to the 
Licensed Software.

No Warranty 
===========
Except as expressly set forth in this License, the Licensed Software is provided
on an "as is" basis, without warranties or conditions of any kind, either express 
or implied including, without limitation, any warranties or conditions of title, 
non-infringement, merchantability or fitness for a particular purpose. Licensee 
is solely responsible for determining the appropriateness of using and distributing 
the Licensed Software and assumes all risks associated with its exercise of rights 
under this agreement, including but not limited to the risks and costs of program 
errors, compliance with applicable laws, damage to or loss of data, programs or 
equipment, suitability for hosting and unavailability or interruption of operations. 

Limitation of Liability 
=======================
Except to the extent required by applicable law, in no event will Licensor be 
liable on any legal theory for any special, incidental, consequential, punitive or 
exemplary damages arising out of this License or the use of the Licensed Software, 
even if Licensor has been advised of the possibility of such damages. 

Indemnity 
=========
Licensee shall indemnify Licensor, its employees, officers, licensee and agents 
for all damages, costs and expenses, including, without limitation, attorneys’ 
fees, arising from any claims arising as a result of Licensee’s use of the 
Licensed Software as provided hereunder.  In the event of a third-party claim 
that Flowplayer infringes a patent, trademark, copyright, trade secret or 
proprietary right of any third party, Licensor agrees to defend, indemnify and 
hold Licensee harmless.  Licensee shall give Licensor prompt written notice of 
such claim, permit Licensor sole control of the defense or settlement of the claim, 
and provide all reasonable assistance (except financial) to Licensor in defending 
or settling the claim.  This is Licensee’s sole and exclusive remedy for 
intellectual property rights infringement.

Export 
======
Licensee agrees and certifies that it will not export or re-export, directly or 
indirectly, the Licensed Software contrary to the laws of the United States or 
any other country. 

Severability 
============
If for any reason a court of competent jurisdiction finds any provision of this 
License or portion thereof, to be unenforceable, that provision of the License 
shall be enforced to the maximum extent permissible so as to effect the intent 
of the parties, and the remainder of this License shall continue in full force 
and effect. 

Governing Law 
=============
This License shall be governed by the laws of Finland. Any disputes arising under 
this License shall be heard in the city of Espoo, Finland. 

Complete Agreement 
===================
This License constitutes the entire agreement between Licensor and Licensee with 
respect to the use of the Licensed Software and supersedes all prior or 
contemporaneous understandings or agreements, written or oral, regarding such s
ubject matter. No one other than Licensor has the right to modify or amend this License. 

Waiver of Breach 
================
No term or provision of this License shall be deemed waived and no breach excused, 
unless such waiver or consent shall be in writing and signed by Licensor.
