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iOS VideoKit Software Licences & License Terms

 

Binary App License - Summary

• Perpetual license
• Can be used for creating 1 application
• Can be distributed in binary or object form only
• Commercial use allowed
• Source-code only for User Interface
• No support
• No refunds available

Additional terms:

• This license does not include decoder's (VideoKit engine) source code. Decoder is presented as compiled binary how ever, Player's user interface & controllers are open source and so its UI is fully customizable.
• License does not expire but to get the updates after the first year, you need to extend it by paying 30% of the current amount for the next year in 3 months after the date of end of 1 year. If 3 months pass after the date of end of 1 year, the extension cost will be %50 of the regular price.
• Elma DIGITAL has rights to update this document in any time.

Parts of the software are provided under separate licenses, as follows:

• FFmpeg - under the LGPLv2.1
• We present the list of our customers as a reference in our product's web page. This informational page helps to increase the sales of our product. By default the customer accepts to be listed in "Customer List" page and if the customer does not want to be listed in this page for privacy reasons, it can be done by paying 20% more of the related license's fee.

 

Binary App License license - Terms and conditions

1. Preamble: This Agreement, signed on the day that you got the invoice [hereinafter: Effective Date] governs the relationship between The Client, a Business Entity, (hereinafter: Licensee) and Elma DIGITAL Ltd, a software company whose principal place of business is United Kingdom (Hereinafter: Licensor). This Agreement sets the terms, rights, restrictions and obligations on using [iOS VideoKit] (hereinafter: The Software) created and owned by Licensor, as detailed herein
2. License Grant: Licensor hereby grants Licensee a Sublicensable, Non-assignable & non-transferable, Commercial, Royalty free, Including the rights to create but not distribute derivative works, Non-exclusive license, all with accordance with the terms set forth and other legal restrictions set forth in 3rd party software used while running Software.
   1. Limited: Licensee may use Software for the purpose of:
      1. Running Software on Licensee’s Website[s] and Server[s] and Mobile Application[s];
      2. Allowing 3rd Parties to run Software on Licensee’s Website[s] and Server[s] and Mobile Application[s];
      3. Publishing Software’s output to Licensee and 3rd Parties;
      4. Distribute verbatim copies of Software’s output (including compiled binaries);
      5. Modify Software to suit Licensee’s needs and specifications.
   2. Binary Restricted: Licensee may sublicense Software as a part of a larger work containing more than Software, distributed solely in Object or Binary form under a personal, non-sublicensable, limited license. Such redistribution shall be limited to 1 codebases.
   3. Non Assignable & Non-Transferable: Licensee may not assign or transfer his rights and duties under this license.
   4. Commercial, Royalty Free: Licensee may use Software for any purpose, including paid-services, without any royalties
   5. Including the Right to Create Derivative Works: Licensee may create derivative works based on Software, including amending Software’s source code, modifying it, integrating it into a larger work or removing portions of Software, as long as no distribution of the derivative works is made. Selling, and distributing software in binary format or source code format (verbatim copies or derivative works) as an SDK as Licensor does is definitely prohibited. iOS VideoKit is a commercial software. iOS VideoKit or derivative works, either by integrating it into a larger work or removing portions of Software, can not be distributed in publicly accessible platforms in source code or binary form. Customer can only share the trial version of VideoKit by giving an hyperlink to software website and indicating that license for the Software can be purchased from iosvideokit.com.
3. Term & Termination: The Term of this license shall be until terminated. Licensor may terminate this Agreement, including Licensee’s license in the case where Licensee :
   1. became insolvent or otherwise entered into any liquidation process; or
   2. exported The Software to any jurisdiction where licensor may not enforce his rights under this agreements in; or
   3. Licensee was in breach of any of this license terms and conditions and such breach was not cured, immediately upon notification; or
   4. Licensee in breach of any of the terms of clause 2 to this license; or
   5. Licensee otherwise entered into any arrangement which caused Licensor to be unable to enforce his rights under this License.
4. Payment: In consideration of the License granted under clause 2, Licensee shall pay Licensor a fee, via Credit-Card, PayPal or any other mean which Licensor may deem adequate. Failure to perform payment shall construe as material breach of this Agreement.
5. Upgrades, Updates and Fixes: Licensor may provide Licensee, from time to time, with Upgrades, Updates or Fixes, as detailed herein and according to his sole discretion. Licensee hereby warrants to keep The Software up-to-date and install all relevant updates and fixes, and may, at his sole discretion, purchase upgrades, according to the rates set by Licensor. Licensor shall provide any update or Fix free of charge; however, nothing in this Agreement shall require Licensor to provide Updates or Fixes.
   1. Upgrades: for the purpose of this license, an Upgrade shall be a material amendment in The Software, which contains new features and or major performance improvements and shall be marked as a new version number. For example, should Licensee purchase The Software under version 1.X.X, an upgrade shall commence under number 2.0.0.
   2. Updates: for the purpose of this license, an update shall be a minor amendment in The Software, which may contain new features or minor improvements and shall be marked as a new sub-version number. For example, should Licensee purchase The Software under version 1.1.X, an upgrade shall commence under number 1.2.0.
   3. Fix: for the purpose of this license, a fix shall be a minor amendment in The Software, intended to remove bugs or alter minor features which impair the The Software's functionality. A fix shall be marked as a new sub-sub-version number. For example, should Licensee purchase Software under version 1.1.1, an upgrade shall commence under number 1.1.2.
6. Support: Software is provided under an AS-IS basis and without any support, updates or maintenance. Nothing in this Agreement shall require Licensor to provide Licensee with support or fixes to any bug, failure, mis-performance or other defect in The Software.
   1. Bug Notification: Licensee may provide Licensor of details regarding any bug, defect or failure in The Software promptly and with no delay from such event; Licensee shall comply with Licensor's request for information regarding bugs, defects or failures and furnish him with information, screenshots and try to reproduce such bugs, defects or failures.
   2. Feature Request: Licensee may request additional features in Software, provided, however, that (i) Licensee shall waive any claim or right in such feature should feature be developed by Licensor; (ii) Licensee shall be prohibited from developing the feature, or disclose such feature request, or feature, to any 3rd party directly competing with Licensor or any 3rd party which may be, following the development of such feature, in direct competition with Licensor; (iii) Licensee warrants that feature does not infringe any 3rd party patent, trademark, trade-secret or any other intellectual property right; and (iv) Licensee developed, envisioned or created the feature solely by himself.
7. Liability:  To the extent permitted under Law, The Software is provided under an AS-IS basis. Licensor shall never, and without any limit, be liable for any damage, cost, expense or any other payment incurred by Licensee as a result of Software’s actions, failure, bugs and/or any other interaction between The Software  and Licensee’s end-equipment, computers, other software or any 3rd party, end-equipment, computer or services. Moreover, Licensor shall never be liable for any defect in source code written by Licensee when relying on The Software or using The Software’s source code.
8. Warranty:
   1. Intellectual Property: Licensor hereby warrants that The Software does not violate or infringe any 3rd party claims in regards to intellectual property, patents and/or trademarks and that to the best of its knowledge no legal action has been taken against it for any infringement or violation of any 3rd party intellectual property rights.
   2. No-Warranty: The Software is provided without any warranty; Licensor hereby disclaims any warranty that The Software shall be error free, without defects or code which may cause damage to Licensee’s computers or to Licensee, and that Software shall be functional. Licensee shall be solely liable to any damage, defect or loss incurred as a result of operating software and undertake the risks contained in running The Software on Licensee’s Server[s] and Website[s] and Mobile Application[s].
   3. Prior Inspection: Licensee hereby states that he inspected The Software thoroughly and found it satisfactory and adequate to his needs, that it does not interfere with his regular operation and that it does meet the standards and scope of his computer systems and architecture. Licensee found that The Software interacts with his development, website and server environment or  mobile application and that it does not infringe any of End User License Agreement of any software Licensee may use in performing his services. Licensee hereby waives any claims regarding The Software's incompatibility, performance, results and features, and warrants that he inspected the The Software.
   4. 3rd Party Patent Licensing Fees :  Licensee is responsible for any infringements of patent licensing royalty fees for the use of codecs that are supported by FFmpeg library.
      As the Software (iOS VideoKit) is a wrapper of the FFmpeg library, the Licensor can not be sued for the infringements caused by FFmpeg library.
   5. The Software is a wrapper of FFmpeg library and is not responsible for the cases that are caused by the errors in  3rd party tools and FFmpeg library.
   6. The Software is not the owner of FFmpeg library, relevant owners of FFmpeg library can be found at https://www.ffmpeg.org/
9. No Refunds: Licensee warrants that he inspected The Software according to clause 7(c) and that it is adequate to his needs. Accordingly, as The Software is intangible goods, Licensee shall not be, ever, entitled to any refund, rebate, compensation or restitution for any reason whatsoever, even if The Software contains material flaws.
10. Indemnification: Licensee hereby warrants to hold Licensor harmless and indemnify Licensor for any lawsuit brought against it in regards to Licensee’s use of The Software in means that violate, breach or otherwise circumvent this license, Licensor's intellectual property rights or Licensor's title in The Software. Licensor shall promptly notify Licensee in case of such legal action and request Licensee’s consent prior to any settlement in relation to such lawsuit or claim.
11. Governing Law, Jurisdiction: Licensee hereby agrees not to initiate class-action lawsuits against Licensor in relation to this license and to compensate Licensor for any legal fees, cost or attorney fees should any claim brought by Licensee against Licensor be denied, in part or in full.
12. Improper use of The Software : Licensee should use the Software as it is described in the documentation. Licensor may hold the license of the Licensee if any improper or misuse of the Software is detected after informing the Licensee about the case. Licensor may cancel the license of the licensee when any infringement is detected. Licensor may also charge the licensee up to 10 times the regular price of the license on infringements such as exceeding the allowed number of permitted application count.

 

Dev App License - Summary

• Perpetual license
• Can be used for creating 1 application
• Can be distributed in binary or object form only
• Commercial use allowed
• Can modify source-code but cannot distribute modifications (derivative works)
• 1 Week support
• No refunds available

Additional terms:

• All source code is included in this license (Player UI & decoder(VideoKit engine)) excluding the license checking module to prevent improper use of corresponding license
• License does not expire but to get the updates after the first year, you need to extend it by paying 30% of the current amount for the next year in 3 months after the date of end of 1 year. If 3 months pass after the date of end of 1 year, the extension cost will be %50 of the regular price.
• Elma DIGITAL has rights to update this document in any time.

Parts of the software are provided under separate licenses, as follows:

• FFmpeg - under the LGPLv2.1
• We present the list of our customers as a reference in our product's web page. This informational page helps to increase the sales of our product. By default the customer accepts to be listed in "Customer List" page and if the customer does not want to be listed in this page for privacy reasons, it can be done by paying 20% more of the related license fee.

 

Dev App License - Terms and conditions

1. Preamble: This Agreement, signed on the day that you got the invoice [hereinafter: Effective Date] governs the relationship between The Client, a Business Entity, (hereinafter: Licensee) and Elma DIGITAL Ltd, a software company whose principal place of business is United Kingdom (Hereinafter: Licensor). This Agreement sets the terms, rights, restrictions and obligations on using [iOS VideoKit] (hereinafter: The Software) created and owned by Licensor, as detailed herein
2. License Grant: Licensor hereby grants Licensee a Sublicensable, Non-assignable & non-transferable, Commercial, Royalty free, Including the rights to create but not distribute derivative works, Non-exclusive license, all with accordance with the terms set forth and other legal restrictions set forth in 3rd party software used while running Software.
   1. Limited: Licensee may use Software for the purpose of:
      1. Running Software on Licensee’s Website[s] and Server[s] and Mobile Application[s];
      2. Allowing 3rd Parties to run Software on Licensee’s Website[s] and Server[s] Mobile Application[s];
      3. Publishing Software’s output to Licensee and 3rd Parties;
      4. Distribute verbatim copies of Software’s output (including compiled binaries);
      5. Modify Software to suit Licensee’s needs and specifications.
   2. Binary Restricted: Licensee may sublicense Software as a part of a larger work containing more than Software, distributed solely in Object or Binary form under a personal, non-sublicensable, limited license. Such redistribution shall be limited to 1 codebase.
   3. Non Assignable & Non-Transferable: Licensee may not assign or transfer his rights and duties under this license.
   4. Commercial, Royalty Free: Licensee may use Software for any purpose, including paid-services, without any royalties
   5. Including the Right to Create Derivative Works: Licensee may create derivative works based on Software, including amending Software’s source code, modifying it, integrating it into a larger work or removing portions of Software, as long as no distribution of the derivative works is made. Selling, and distributing software in binary format or source code format (verbatim copies or derivative works) as an SDK as Licensor does is definitely prohibited. iOS VideoKit is a commercial software. iOS VideoKit or derivative works, either by integrating it into a larger work or removing portions of Software, can not be distributed in publicly accessible platforms in source code or binary form. Customer can only share the trial version of VideoKit by giving an hyperlink to software website and indicating that license for the Software can be purchased from iosvideokit.com.

 

1. With support & maintenance: Licensor shall provide Licensee support and maintenance as follows -
2. 1 week support through email.
1. Term & Termination: The Term of this license shall be until terminated. Licensor may terminate this Agreement, including Licensee’s license in the case where Licensee :
   1. became insolvent or otherwise entered into any liquidation process; or
   2. exported The Software to any jurisdiction where licensor may not enforce his rights under this agreements in; or
   3. Licensee was in breach of any of this license terms and conditions and such breach was not cured, immediately upon notification; or
   4. Licensee in breach of any of the terms of clause 2 to this license; or
   5. Licensee otherwise entered into any arrangement which caused Licensor to be unable to enforce his rights under this License.
2. Payment: In consideration of the License granted under clause 2, Licensee shall pay Licensor a fee, via Credit-Card, PayPal or any other mean which Licensor may deem adequate. Failure to perform payment shall construe as material breach of this Agreement.
3. Upgrades, Updates and Fixes: Licensor may provide Licensee, from time to time, with Upgrades, Updates or Fixes, as detailed herein and according to his sole discretion. Licensee hereby warrants to keep The Software up-to-date and install all relevant updates and fixes, and may, at his sole discretion, purchase upgrades, according to the rates set by Licensor. Licensor shall provide any update or Fix free of charge; however, nothing in this Agreement shall require Licensor to provide Updates or Fixes.
   1. Upgrades: for the purpose of this license, an Upgrade shall be a material amendment in The Software, which contains new features and or major performance improvements and shall be marked as a new version number. For example, should Licensee purchase The Software under version 1.X.X, an upgrade shall commence under number 2.0.0.
   2. Updates: for the purpose of this license, an update shall be a minor amendment in The Software, which may contain new features or minor improvements and shall be marked as a new sub-version number. For example, should Licensee purchase The Software under version 1.1.X, an upgrade shall commence under number 1.2.0.
   3. Fix: for the purpose of this license, a fix shall be a minor amendment in The Software, intended to remove bugs or alter minor features which impair the The Software's functionality. A fix shall be marked as a new sub-sub-version number. For example, should Licensee purchase Software under version 1.1.1, an upgrade shall commence under number 1.1.2.
4. Support: Software is provided with limited support, as detailed in the Software’s SLA detailed under the License Grant. Licensor shall provide support via electronic mail and on regular business days and hours.
   1. Bug Notification: Licensee may provide Licensor of details regarding any bug, defect or failure in The Software promptly and with no delay from such event; Licensee shall comply with Licensor's request for information regarding bugs, defects or failures and furnish him with information, screenshots and try to reproduce such bugs, defects or failures.
   2. Feature Request: Licensee may request additional features in Software, provided, however, that (i) Licensee shall waive any claim or right in such feature should feature be developed by Licensor; (ii) Licensee shall be prohibited from developing the feature, or disclose such feature request, or feature, to any 3rd party directly competing with Licensor or any 3rd party which may be, following the development of such feature, in direct competition with Licensor; (iii) Licensee warrants that feature does not infringe any 3rd party patent, trademark, trade-secret or any other intellectual property right; and (iv) Licensee developed, envisioned or created the feature solely by himself.
5. Liability:  To the extent permitted under Law, The Software is provided under an AS-IS basis. Licensor shall never, and without any limit, be liable for any damage, cost, expense or any other payment incurred by Licensee as a result of Software’s actions, failure, bugs and/or any other interaction between The Software  and Licensee’s end-equipment, computers, other software or any 3rd party, end-equipment, computer or services. Moreover, Licensor shall never be liable for any defect in source code written by Licensee when relying on The Software or using The Software’s source code.
6. Warranty:
   1. Intellectual Property: Licensor hereby warrants that The Software does not violate or infringe any 3rd party claims in regards to intellectual property, patents and/or trademarks and that to the best of its knowledge no legal action has been taken against it for any infringement or violation of any 3rd party intellectual property rights.
   2. No-Warranty: The Software is provided without any warranty; Licensor hereby disclaims any warranty that The Software shall be error free, without defects or code which may cause damage to Licensee’s computers or to Licensee, and that Software shall be functional. Licensee shall be solely liable to any damage, defect or loss incurred as a result of operating software and undertake the risks contained in running The Software on Licensee’s Server[s] and Website[s] Mobile Application[s].
   3. Prior Inspection: Licensee hereby states that he inspected The Software thoroughly and found it satisfactory and adequate to his needs, that it does not interfere with his regular operation and that it does meet the standards and scope of his computer systems and architecture. Licensee found that The Software interacts with his development, website and server environment or mobile application that it does not infringe any of End User License Agreement of any software Licensee may use in performing his services. Licensee hereby waives any claims regarding The Software's incompatibility, performance, results and features, and warrants that he inspected the The Software.
   4. 3rd Party Patent Licensing Fees :  Licensee is responsible for any infringements of patent licensing royalty fees for the use of codecs that are supported by FFmpeg library.
      As the Software (iOS VideoKit) is a wrapper of the FFmpeg library, the Licensor can not be sued for the infringements caused by FFmpeg library.
   5. The Software is a wrapper of FFmpeg library and is not responsible for the cases that are caused by the errors in  3rd party tools and FFmpeg library.
   6. The Software is not the owner of FFmpeg library, relevant owners of FFmpeg library can be found at https://www.ffmpeg.org/
7. No Refunds: Licensee warrants that he inspected The Software according to clause 7(c) and that it is adequate to his needs. Accordingly, as The Software is intangible goods, Licensee shall not be, ever, entitled to any refund, rebate, compensation or restitution for any reason whatsoever, even if The Software contains material flaws. Refunds are not available because the trial version is similar to the purchased software except having time limitations and the source code is seen by the customer.
8. Indemnification: Licensee hereby warrants to hold Licensor harmless and indemnify Licensor for any lawsuit brought against it in regards to Licensee’s use of The Software in means that violate, breach or otherwise circumvent this license, Licensor's intellectual property rights or Licensor's title in The Software. Licensor shall promptly notify Licensee in case of such legal action and request Licensee’s consent prior to any settlement in relation to such lawsuit or claim.
9. Governing Law, Jurisdiction: Licensee hereby agrees not to initiate class-action lawsuits against Licensor in relation to this license and to compensate Licensor for any legal fees, cost or attorney fees should any claim brought by Licensee against Licensor be denied, in part or in full.
10. Improper use of The Software : Licensee should use the Software as it is described in the documentation. Licensor may hold the license of the Licensee if any improper or misuse of the Software is detected after informing the Licensee about the case. Licensor may cancel the license of the licensee when any infringement is detected. Licensor may also charge the licensee up to 10 times the regular price of the license on infringements such as exceeding the allowed number of permitted application count.

 

Dev Multiple Apps License - Summary

• Perpetual license
• Can be used for creating 7 applications
• Can be distributed in binary or object form only
• Commercial use allowed
• Can modify source-code but cannot distribute modifications (derivative works)
• 1 Week support
• No refunds available

Additional terms:

• All source code is included in this license (Player UI & decoder(VideoKit engine)) excluding the license checking module to prevent improper use of corresponding license
• License does not expire but to get the updates after the first year, you need to extend it by paying 30% of the current amount for the next year in 3 months after the date of end of 1 year. If 3 months pass after the date of end of 1 year, the extension cost will be %50 of the regular price.
• Elma DIGITAL has rights to update this document in any time.

Parts of the software are provided under separate licenses, as follows:

• FFmpeg - under the LGPLv2.1
• We present the list of our customers as a reference in our product's web page. This informational page helps to increase the sales of our product. By default the customer accepts to be listed in "Customer List" page and if the customer does not want to be listed in this page for privacy reasons, it can be done by paying 20% more of the related license fee.

 

Dev Multiple Apps License - Terms and conditions

1. Preamble: This Agreement, signed on the day that you got the invoice [hereinafter: Effective Date] governs the relationship between The Client, a Business Entity, (hereinafter: Licensee) and Elma DIGITAL Ltd, a software company whose principal place of business is United Kingdom (Hereinafter: Licensor). This Agreement sets the terms, rights, restrictions and obligations on using [iOS VideoKit] (hereinafter: The Software) created and owned by Licensor, as detailed herein
2. License Grant: Licensor hereby grants Licensee a Sublicensable, Non-assignable & non-transferable, Commercial, Royalty free, Including the rights to create but not distribute derivative works, Non-exclusive license, all with accordance with the terms set forth and other legal restrictions set forth in 3rd party software used while running Software.
   1. Limited: Licensee may use Software for the purpose of:
      1. Running Software on Licensee’s Website[s] and Server[s] and Mobile Application[s];
      2. Allowing 3rd Parties to run Software on Licensee’s Website[s] and Server[s] and Mobile Application[s];
      3. Publishing Software’s output to Licensee and 3rd Parties;
      4. Distribute verbatim copies of Software’s output (including compiled binaries);
      5. Modify Software to suit Licensee’s needs and specifications.
   2. Binary Restricted: Licensee may sublicense Software as a part of a larger work containing more than Software, distributed solely in Object or Binary form under a personal, non-sublicensable, limited license. Such redistribution shall be limited to 7 codebases.
   3. Non Assignable & Non-Transferable: Licensee may not assign or transfer his rights and duties under this license.
   4. Commercial, Royalty Free: Licensee may use Software for any purpose, including paid-services, without any royalties
   5. Including the Right to Create Derivative Works: Licensee may create derivative works based on Software, including amending Software’s source code, modifying it, integrating it into a larger work or removing portions of Software, as long as no distribution of the derivative works is made. Selling, and distributing software in binary format or source code format (verbatim copies or derivative works) as an SDK as Licensor does is definitely prohibited. iOS VideoKit is a commercial software. iOS VideoKit or derivative works, either by integrating it into a larger work or removing portions of Software, can not be distributed in publicly accessible platforms in source code or binary form. Customer can only share the trial version of VideoKit by giving an hyperlink to software website and indicating that license for the Software can be purchased from iosvideokit.com.
   6. With support & maintenance: Licensor shall provide Licensee support and maintenance as follows -
   7. 1 week support through email.
3. Term & Termination: The Term of this license shall be until terminated. Licensor may terminate this Agreement, including Licensee’s license in the case where Licensee :
   1. became insolvent or otherwise entered into any liquidation process; or
   2. exported The Software to any jurisdiction where licensor may not enforce his rights under this agreements in; or
   3. Licensee was in breach of any of this license's terms and conditions and such breach was not cured, immediately upon notification; or
   4. Licensee in breach of any of the terms of clause 2 to this license; or
   5. Licensee otherwise entered into any arrangement which caused Licensor to be unable to enforce his rights under this License.
4. Payment: In consideration of the License granted under clause 2, Licensee shall pay Licensor a fee, via Credit-Card, PayPal or any other mean which Licensor may deem adequate. Failure to perform payment shall construe as material breach of this Agreement.
5. Upgrades, Updates and Fixes: Licensor may provide Licensee, from time to time, with Upgrades, Updates or Fixes, as detailed herein and according to his sole discretion. Licensee hereby warrants to keep The Software up-to-date and install all relevant updates and fixes, and may, at his sole discretion, purchase upgrades, according to the rates set by Licensor. Licensor shall provide any update or Fix free of charge; however, nothing in this Agreement shall require Licensor to provide Updates or Fixes.
   1. Upgrades: for the purpose of this license, an Upgrade shall be a material amendment in The Software, which contains new features and or major performance improvements and shall be marked as a new version number. For example, should Licensee purchase The Software under version 1.X.X, an upgrade shall commence under number 2.0.0.
   2. Updates: for the purpose of this license, an update shall be a minor amendment in The Software, which may contain new features or minor improvements and shall be marked as a new sub-version number. For example, should Licensee purchase The Software under version 1.1.X, an upgrade shall commence under number 1.2.0.
   3. Fix: for the purpose of this license, a fix shall be a minor amendment in The Software, intended to remove bugs or alter minor features which impair the The Software's functionality. A fix shall be marked as a new sub-sub-version number. For example, should Licensee purchase Software under version 1.1.1, an upgrade shall commence under number 1.1.2.
6. Support: Software is provided with limited support, as detailed in the Software’s SLA detailed under the License Grant. Licensor shall provide support via electronic mail and on regular business days and hours.
   1. Bug Notification: Licensee may provide Licensor of details regarding any bug, defect or failure in The Software promptly and with no delay from such event; Licensee shall comply with Licensor's request for information regarding bugs, defects or failures and furnish him with information, screenshots and try to reproduce such bugs, defects or failures.
   2. Feature Request: Licensee may request additional features in Software, provided, however, that (i) Licensee shall waive any claim or right in such feature should feature be developed by Licensor; (ii) Licensee shall be prohibited from developing the feature, or disclose such feature request, or feature, to any 3rd party directly competing with Licensor or any 3rd party which may be, following the development of such feature, in direct competition with Licensor; (iii) Licensee warrants that feature does not infringe any 3rd party patent, trademark, trade-secret or any other intellectual property right; and (iv) Licensee developed, envisioned or created the feature solely by himself.
7. Liability:  To the extent permitted under Law, The Software is provided under an AS-IS basis. Licensor shall never, and without any limit, be liable for any damage, cost, expense or any other payment incurred by Licensee as a result of Software’s actions, failure, bugs and/or any other interaction between The Software  and Licensee’s end-equipment, computers, other software or any 3rd party, end-equipment, computer or services. Moreover, Licensor shall never be liable for any defect in source code written by Licensee when relying on The Software or using The Software’s source code.
8. Warranty:
   1. Intellectual Property: Licensor hereby warrants that The Software does not violate or infringe any 3rd party claims in regards to intellectual property, patents and/or trademarks and that to the best of its knowledge no legal action has been taken against it for any infringement or violation of any 3rd party intellectual property rights.
   2. No-Warranty: The Software is provided without any warranty; Licensor hereby disclaims any warranty that The Software shall be error free, without defects or code which may cause damage to Licensee’s computers or to Licensee, and that Software shall be functional. Licensee shall be solely liable to any damage, defect or loss incurred as a result of operating software and undertake the risks contained in running The Software on License’s Server[s] and Website[s] and Mobile Application[s].
   3. Prior Inspection: Licensee hereby states that he inspected The Software thoroughly and found it satisfactory and adequate to his needs, that it does not interfere with his regular operation and that it does meet the standards and scope of his computer systems and architecture. Licensee found that The Software interacts with his development, website and server environment  or mobile application and that it does not infringe any of End User License Agreement of any software Licensee may use in performing his services. Licensee hereby waives any claims regarding The Software's incompatibility, performance, results and features, and warrants that he inspected the The Software.
   4. 3rd Party Patent Licensing Fees :  Licensee is responsible for any infringements of patent licensing royalty fees for the use of codecs that are supported by FFmpeg library.
      As the Software (iOS VideoKit) is a wrapper of the FFmpeg library, the Licensor can not be sued for the infringements caused by FFmpeg library.
   5. The Software is a wrapper of FFmpeg library and is not responsible for the cases that are caused by the errors in  3rd party tools and FFmpeg library.
   6. The Software is not the owner of FFmpeg library, relevant owners of FFmpeg library can be found at https://www.ffmpeg.org/
9. No Refunds: Licensee warrants that he inspected The Software according to clause 7(c) and that it is adequate to his needs. Accordingly, as The Software is intangible goods, Licensee shall not be, ever, entitled to any refund, rebate, compensation or restitution for any reason whatsoever, even if The Software contains material flaws. Refunds are not available because the trial version is similar to the purchased software except having time limitations and the source code is seen by the customer.
10. Indemnification: Licensee hereby warrants to hold Licensor harmless and indemnify Licensor for any lawsuit brought against it in regards to Licensee’s use of The Software in means that violate, breach or otherwise circumvent this license, Licensor's intellectual property rights or Licensor's title in The Software. Licensor shall promptly notify Licensee in case of such legal action and request Licensee’s consent prior to any settlement in relation to such lawsuit or claim.
11. Governing Law, Jurisdiction: Licensee hereby agrees not to initiate class-action lawsuits against Licensor in relation to this license and to compensate Licensor for any legal fees, cost or attorney fees should any claim brought by Licensee against Licensor be denied, in part or in full.
12. Improper use of The Software : Licensee should use the Software as it is described in the documentation. Licensor may hold the license of the Licensee if any improper or misuse of the Software is detected after informing the Licensee about the case. Licensor may cancel the license of the licensee when any infringement is detected. Licensor may also charge the licensee up to 10 times the regular price of the license on infringements such as exceeding the allowed number of permitted application count.

 

Distributor License - Summary

• Perpetual license
• Can be used for creating 50 applications
• Can be distributed in source code and binary format
• Commercial use allowed
• 2 weeks support
• No refunds available

Additional terms:

• All source code is included in this license (Player UI & decoder(VideoKit engine)) excluding the license checking module to prevent improper use of corresponding license
• License does not expire but to get the updates after the first year, you need to extend it by paying 30% of the current amount for the next year in 3 months after the date of end of 1 year. If 3 months pass after the date of end of 1 year, the extension cost will be %50 of the regular price.
• Elma DIGITAL has rights to update this document in any time.

Parts of the software are provided under separate licenses, as follows:

• FFmpeg - under the LGPLv2.1
• We present the list of our customers as a reference in our product's web page. This informational page helps to increase the sales of our product. By default the customer accepts to be listed in "Customer List" page and if the customer does not want to be listed in this page for privacy reasons, it can be done by paying 20% more of the related license's fee.

 

Distributor License - Terms and conditions

• Preamble: This Agreement, signed on the day that you got the invoice  [hereinafter: Effective Date] governs the relationship between The Client, a Business Entity, (hereinafter: Licensee) and Elma DIGITAL Ltd, a software company whose principal place of business is United Kingdom (Hereinafter: Licensor). This Agreement sets the terms, rights, restrictions and obligations on using [iOS VideoKit] (hereinafter: The Software) created and owned by Licensor, as detailed herein
• License Grant: Licensor hereby grants Licensee a Sublicensable, Non-assignable & non-transferable, Commercial, Royalty free, Including the rights to distribute derivative works, Non-exclusive license, all with accordance with the terms set forth and other legal restrictions set forth in 3rd party software used while running Software.
  • Limited: Licensee may use Software for the purpose of:
    • Running Software on Licensee’s Website[s] and Server[s] and Mobile Application[s];
    • Allowing 3rd Parties to run Software on Licensee’s Website[s] and Server[s] and Mobile Application[s];
    • Publishing Software’s output to Licensee and 3rd Parties;
    • Distribute verbatim copies of Software’s output (including compiled binaries);
    • Modify Software to suit Licensee’s needs and specifications.
  • Non Assignable & Non-Transferable: Licensee may not assign or transfer his rights and duties under this license.
  • Commercial, Royalty Free: Licensee may use Software for any purpose, including paid-services, without any royalties
  • Including the Right to Create Derivative Works: Licensee may create derivative works based on Software, including amending Software’s source code, modifying it, integrating it into a larger work or removing portions of Software, as long as no distribution of the derivative works is made
  • Including the right to Distribute Derivative Works: Licensee may create and distribute derivative works based on Software, including amending Software’s source code, modifying it, integrating it into a larger work or removing portions of Software, as long as credit to the Licensor is granted and that redistribution is made under the terms of this license. Selling, and distributing software in binary format or source code format (verbatim copies or derivative works) as an SDK as Licensor does is definitely prohibited. iOS VideoKit is a commercial software. iOS VideoKit or derivative works, either by integrating it into a larger work or removing portions of Software, can not be distributed in publicly accessible platforms in source code or binary form. Customer can only share the trial version of VideoKit by giving an hyperlink to software website and indicating that license for the Software can be purchased from iosvideokit.com.
  • For use by Licensee’s clients: Licensee may use Software on unlimited Server[s] and 1 website[s] or  50 Mobile Application[s], for Licensee's websites and websites developed by Licensee.
  • With support & maintenance: Licensor shall provide Licensee support and maintenance as follows -
  • 2 weeks support through email.
• Term & Termination: The Term of this license shall be until terminated. Licensor may terminate this Agreement, including Licensee’s license in the case where Licensee :
  • became insolvent or otherwise entered into any liquidation process; or
  • exported The Software to any jurisdiction where licensor may not enforce his rights under this agreements in; or
  • Licensee was in breach of any of this license's terms and conditions and such breach was not cured, immediately upon notification; or
  • Licensee in breach of any of the terms of clause 2 to this license; or
  • Licensee otherwise entered into any arrangement which caused Licensor to be unable to enforce his rights under this License.
• Payment: In consideration of the License granted under clause 2, Licensee shall pay Licensor a fee, via Credit-Card, PayPal or any other mean which Licensor may deem adequate. Failure to perform payment shall construe as material breach of this Agreement.
• Upgrades, Updates and Fixes: Licensor may provide Licensee, from time to time, with Upgrades, Updates or Fixes, as detailed herein and according to his sole discretion. Licensee hereby warrants to keep The Software up-to-date and install all relevant updates and fixes, and may, at his sole discretion, purchase upgrades, according to the rates set by Licensor. Licensor shall provide any update or Fix free of charge; however, nothing in this Agreement shall require Licensor to provide Updates or Fixes.
  • Upgrades: for the purpose of this license, an Upgrade shall be a material amendment in The Software, which contains new features and or major performance improvements and shall be marked as a new version number. For example, should Licensee purchase The Software under version 1.X.X, an upgrade shall commence under number 2.0.0.
  • Updates: for the purpose of this license, an update shall be a minor amendment in The Software, which may contain new features or minor improvements and shall be marked as a new sub-version number. For example, should Licensee purchase The Software under version 1.1.X, an upgrade shall commence under number 1.2.0.
  • Fix: for the purpose of this license, a fix shall be a minor amendment in The Software, intended to remove bugs or alter minor features which impair the The Software's functionality. A fix shall be marked as a new sub-sub-version number. For example, should Licensee purchase Software under version 1.1.1, an upgrade shall commence under number 1.1.2.
• Support: Software is provided with limited support, as detailed in the Software’s SLA detailed under the License Grant. Licensor shall provide support via electronic mail and on regular business days and hours.
  • Bug Notification: Licensee may provide Licensor of details regarding any bug, defect or failure in The Software promptly and with no delay from such event; Licensee shall comply with Licensor's request for information regarding bugs, defects or failures and furnish him with information, screenshots and try to reproduce such bugs, defects or failures.
  • Feature Request: Licensee may request additional features in Software, provided, however, that (i) Licensee shall waive any claim or right in such feature should feature be developed by Licensor; (ii) Licensee shall be prohibited from developing the feature, or disclose such feature request, or feature, to any 3rd party directly competing with Licensor or any 3rd party which may be, following the development of such feature, in direct competition with Licensor; (iii) Licensee warrants that feature does not infringe any 3rd party patent, trademark, trade-secret or any other intellectual property right; and (iv) Licensee developed, envisioned or created the feature solely by himself.
• Liability:  To the extent permitted under Law, The Software is provided under an AS-IS basis. Licensor shall never, and without any limit, be liable for any damage, cost, expense or any other payment incurred by Licensee as a result of Software’s actions, failure, bugs and/or any other interaction between The Software  and Licensee’s end-equipment, computers, other software or any 3rd party, end-equipment, computer or services. Moreover, Licensor shall never be liable for any defect in source code written by Licensee when relying on The Software or using The Software’s source code.
• Warranty:
  • Intellectual Property: Licensor hereby warrants that The Software does not violate or infringe any 3rd party claims in regards to intellectual property, patents and/or trademarks and that to the best of its knowledge no legal action has been taken against it for any infringement or violation of any 3rd party intellectual property rights.
  • No-Warranty: The Software is provided without any warranty; Licensor hereby disclaims any warranty that The Software shall be error free, without defects or code which may cause damage to Licensee’s computers or to Licensee, and that Software shall be functional. Licensee shall be solely liable to any damage, defect or loss incurred as a result of operating software and undertake the risks contained in running The Software on License’s Server[s] and Website[s] or  Mobile Application[s].
  • Prior Inspection: Licensee hereby states that he inspected The Software thoroughly and found it satisfactory and adequate to his needs, that it does not interfere with his regular operation and that it does meet the standards and scope of his computer systems and architecture. Licensee found that The Software interacts with his development, website and server environment or  mobile application and that it does not infringe any of End User License Agreement of any software Licensee may use in performing his services. Licensee hereby waives any claims regarding The Software's incompatibility, performance, results and features, and warrants that he inspected the The Software.
  • 3rd Party Patent Licensing Fees :  Licensee is responsible for any infringements of patent licensing royalty fees for the use of codecs that are supported by FFmpeg library.
    As the Software (iOS VideoKit) is a wrapper of the FFmpeg library, the Licensor can not be sued for the infringements caused by FFmpeg library.
  • The Software is a wrapper of FFmpeg library and is not responsible for the cases that are caused by the errors in  3rd party tools and FFmpeg library.
  • The Software is not the owner of FFmpeg library, relevant owners of FFmpeg library can be found at https://www.ffmpeg.org/
• No Refunds: Licensee warrants that he inspected The Software according to clause 7(c) and that it is adequate to his needs. Accordingly, as The Software is intangible goods, Licensee shall not be, ever, entitled to any refund, rebate, compensation or restitution for any reason whatsoever, even if The Software contains material flaws. Refunds are not available because the trial version is similar to the purchased software except having time limitations and the source code is seen by the customer.
• Indemnification: Licensee hereby warrants to hold Licensor harmless and indemnify Licensor for any lawsuit brought against it in regards to Licensee’s use of The Software in means that violate, breach or otherwise circumvent this license, Licensor's intellectual property rights or Licensor's title in The Software. Licensor shall promptly notify Licensee in case of such legal action and request Licensee’s consent prior to any settlement in relation to such lawsuit or claim.
• Governing Law, Jurisdiction: Licensee hereby agrees not to initiate class-action lawsuits against Licensor in relation to this license and to compensate Licensor for any legal fees, cost or attorney fees should any claim brought by Licensee against Licensor be denied, in part or in full.
• Improper use of The Software : Licensee should use the Software as it is described in the documentation. Licensor may hold the license of the Licensee if any improper or misuse of the Software is detected after informing the Licensee about the case. Licensor may cancel the license of the licensee when any infringement is detected. Licensor may also charge the licensee up to 10 times the regular price of the license on infringements such as exceeding the allowed number of permitted application count.

 

Enterprise License - Summary

• Perpetual license
• Can be used for unlimited applications
• Can be distributed and packaged as code or binary format (sublicensed)
• Commercial use allowed
• 1 month priority support
• No refunds available

Additional terms:

• All source code is included in this license
• License does not expire but to get the updates after the first year, you need to extend it by paying 30% of the current amount for the next year in 3 months after the date of end of 1 year. If 3 months pass after the date of end of 1 year, the extension cost will be %50 of the regular price.
• Elma DIGITAL has rights to update this document in any time.

Parts of the software are provided under separate licenses, as follows:

• FFmpeg - under the LGPLv2.1
• We present the list of our customers as a reference in our product's web page. This informational page helps to increase the sales of our product. By default the customer accepts to be listed in "Customer List" page and if the customer does not want to be listed in this page for privacy reasons, it can be done by paying 20% more of the related license's fee.

 

Enterprise License - Terms and conditions

1. Preamble: This Agreement, signed on the day that you got the invoice  [hereinafter: Effective Date] governs the relationship between The Client, a Business Entity, (hereinafter: Licensee) and Elma DIGITAL Ltd, a software company whose principal place of business is United Kingdom (Hereinafter: Licensor). This Agreement sets the terms, rights, restrictions and obligations on using [iOS VideoKit] (hereinafter: The Software) created and owned by Licensor, as detailed herein
2. License Grant: Licensor hereby grants Licensee a Sublicensable, Non-assignable & non-transferable, Commercial, Royalty free, Including the rights to distribute derivative works, Non-exclusive license, all with accordance with the terms set forth and other legal restrictions set forth in 3rd party software used while running Software.
   1. Limited: Licensee may use Software for the purpose of:
      1. Running Software on Licensee’s Website[s] and Server[s] and Mobile Application[s];
      2. Allowing 3rd Parties to run Software on Licensee’s Website[s] and Server[s] and Mobile Application[s];
      3. Publishing Software’s output to Licensee and 3rd Parties;
      4. Distribute verbatim copies of Software’s output (including compiled binaries);
      5. Modify Software to suit Licensee’s needs and specifications.
   2. Non Assignable & Non-Transferable: Licensee may not assign or transfer his rights and duties under this license.
   3. Commercial, Royalty Free: Licensee may use Software for any purpose, including paid-services, without any royalties
   4. Including the Right to Create Derivative Works: Licensee may create derivative works based on Software, including amending Software’s source code, modifying it, integrating it into a larger work or removing portions of Software, as long as no distribution of the derivative works is made
   5. Including the right to Distribute Derivative Works: Licensee may create and distribute derivative works based on Software, including amending Software’s source code, modifying it, integrating it into a larger work or removing portions of Software, as long as credit to the Licensor is granted and that redistribution is made under the terms of this license. Selling, and distributing software in binary format or source code format (verbatim copies or derivative works) as an SDK as Licensor does is definitely prohibited. iOS VideoKit is a commercial software. iOS VideoKit or derivative works, either by integrating it into a larger work or removing portions of Software, can not be distributed in publicly accessible platforms in source code or binary form. Customer can only share the trial version of VideoKit by giving an hyperlink to software website and indicating that license for the Software can be purchased from iosvideokit.com.
   6. For use by Licensee’s clients: Licensee may use Software on unlimited Server[s] and 1 website[s]  and unlimited Mobile Application[s], for Licensee's websites and websites developed by Licensee.
   7. With support & maintenance: Licensor shall provide Licensee support and maintenance as follows -
   8. 1 month priority support through email.
3. Term & Termination: The Term of this license shall be until terminated. Licensor may terminate this Agreement, including Licensee’s license in the case where Licensee :
   1. became insolvent or otherwise entered into any liquidation process; or
   2. exported The Software to any jurisdiction where licensor may not enforce his rights under this agreements in; or
   3. Licensee was in breach of any of this license's terms and conditions and such breach was not cured, immediately upon notification; or
   4. Licensee in breach of any of the terms of clause 2 to this license; or
   5. Licensee otherwise entered into any arrangement which caused Licensor to be unable to enforce his rights under this License.
4. Payment: In consideration of the License granted under clause 2, Licensee shall pay Licensor a fee, via Credit-Card, PayPal or any other mean which Licensor may deem adequate. Failure to perform payment shall construe as material breach of this Agreement.
5. Upgrades, Updates and Fixes: Licensor may provide Licensee, from time to time, with Upgrades, Updates or Fixes, as detailed herein and according to his sole discretion. Licensee hereby warrants to keep The Software up-to-date and install all relevant updates and fixes, and may, at his sole discretion, purchase upgrades, according to the rates set by Licensor. Licensor shall provide any update or Fix free of charge; however, nothing in this Agreement shall require Licensor to provide Updates or Fixes.
   1. Upgrades: for the purpose of this license, an Upgrade shall be a material amendment in The Software, which contains new features and or major performance improvements and shall be marked as a new version number. For example, should Licensee purchase The Software under version 1.X.X, an upgrade shall commence under number 2.0.0.
   2. Updates: for the purpose of this license, an update shall be a minor amendment in The Software, which may contain new features or minor improvements and shall be marked as a new sub-version number. For example, should Licensee purchase The Software under version 1.1.X, an upgrade shall commence under number 1.2.0.
   3. Fix: for the purpose of this license, a fix shall be a minor amendment in The Software, intended to remove bugs or alter minor features which impair the The Software's functionality. A fix shall be marked as a new sub-sub-version number. For example, should Licensee purchase Software under version 1.1.1, an upgrade shall commence under number 1.1.2.
6. Support: Software is provided with limited support, as detailed in the Software’s SLA detailed under the License Grant. Licensor shall provide support via electronic mail and on regular business days and hours.
   1. Bug Notification: Licensee may provide Licensor of details regarding any bug, defect or failure in The Software promptly and with no delay from such event; Licensee shall comply with Licensor's request for information regarding bugs, defects or failures and furnish him with information, screenshots and try to reproduce such bugs, defects or failures.
   2. Feature Request: Licensee may request additional features in Software, provided, however, that (i) Licensee shall waive any claim or right in such feature should feature be developed by Licensor; (ii) Licensee shall be prohibited from developing the feature, or disclose such feature request, or feature, to any 3rd party directly competing with Licensor or any 3rd party which may be, following the development of such feature, in direct competition with Licensor; (iii) Licensee warrants that feature does not infringe any 3rd party patent, trademark, trade-secret or any other intellectual property right; and (iv) Licensee developed, envisioned or created the feature solely by himself.
7. Liability:  To the extent permitted under Law, The Software is provided under an AS-IS basis. Licensor shall never, and without any limit, be liable for any damage, cost, expense or any other payment incurred by Licensee as a result of Software’s actions, failure, bugs and/or any other interaction between The Software  and Licensee’s end-equipment, computers, other software or any 3rd party, end-equipment, computer or services. Moreover, Licensor shall never be liable for any defect in source code written by Licensee when relying on The Software or using The Software’s source code.
8. Warranty:
   1. Intellectual Property: Licensor hereby warrants that The Software does not violate or infringe any 3rd party claims in regards to intellectual property, patents and/or trademarks and that to the best of its knowledge no legal action has been taken against it for any infringement or violation of any 3rd party intellectual property rights.
   2. No-Warranty: The Software is provided without any warranty; Licensor hereby disclaims any warranty that The Software shall be error free, without defects or code which may cause damage to Licensee’s computers or to Licensee, and that Software shall be functional. Licensee shall be solely liable to any damage, defect or loss incurred as a result of operating software and undertake the risks contained in running The Software on License’s Server[s] and Website[s] and Mobile Application[s].
   3. Prior Inspection: Licensee hereby states that he inspected The Software thoroughly and found it satisfactory and adequate to his needs, that it does not interfere with his regular operation and that it does meet the standards and scope of his computer systems and architecture. Licensee found that The Software interacts with his development, website and server environment or  and mobile application and that it does not infringe any of End User License Agreement of any software Licensee may use in performing his services. Licensee hereby waives any claims regarding The Software's incompatibility, performance, results and features, and warrants that he inspected the The Software.
   4. 3rd Party Patent Licensing Fees :  Licensee is responsible for any infringements of patent licensing royalty fees for the use of codecs that are supported by FFmpeg library.
      As the Software (iOS VideoKit) is a wrapper of the FFmpeg library, the Licensor can not be sued for the infringements caused by FFmpeg library.
   5. The Software is a wrapper of FFmpeg library and is not responsible for the cases that are caused by the errors in  3rd party tools and FFmpeg library.
   6. The Software is not the owner of FFmpeg library, relevant owners of FFmpeg library can be found at https://www.ffmpeg.org/
9. No Refunds: Licensee warrants that he inspected The Software according to clause 7(c) and that it is adequate to his needs. Accordingly, as The Software is intangible goods, Licensee shall not be, ever, entitled to any refund, rebate, compensation or restitution for any reason whatsoever, even if The Software contains material flaws. Refunds are not available because the trial version is similar to the purchased software except having time limitations and the source code is seen by the customer.
10. Indemnification: Licensee hereby warrants to hold Licensor harmless and indemnify Licensor for any lawsuit brought against it in regards to Licensee’s use of The Software in means that violate, breach or otherwise circumvent this license, Licensor's intellectual property rights or Licensor's title in The Software. Licensor shall promptly notify Licensee in case of such legal action and request Licensee’s consent prior to any settlement in relation to such lawsuit or claim.
11. Governing Law, Jurisdiction: Licensee hereby agrees not to initiate class-action lawsuits against Licensor in relation to this license and to compensate Licensor for any legal fees, cost or attorney fees should any claim brought by Licensee against Licensor be denied, in part or in full.
12. Improper use of The Software : Licensee should use the Software as it is described in the documentation. Licensor may hold the license of the Licensee if any improper or misuse of the Software is detected after informing the Licensee about the case. Licensor may cancel the license of the licensee when any infringement is detected. Licensor may also charge the licensee up to 10 times the regular price of the license on infringements such as exceeding the allowed number of permitted application count.

 

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