Magewell End User License Agreement of Pro Convert Product Family

This Magewell End User License Agreement of Pro Convert Product Family (hereafter called “EULA” or “the license agreement”) is made available by Nanjing Magewell Electronics Co., Ltd. (hereafter called “Magewell”). If you are the direct user of Magewell Pro Convert Products, please read this EULA carefully before you use them, as it governs your use of the Software embedded in all Magewell Pro Convert Products. You shall also be aware that NDI® is the registered trademark of NewTek Inc (hereafter called “NewTek”). NewTek or its licensor own and reserve the copyrights of NDI® software and NDI® technology. Other brands or trademarks are the properties of others.

Definitions

“Software” refers to the combination of both NDI® software and Magewell software that makes it all possible for end users to benefit from NDI® functionalities via a hardware designed and manufactured by Magewell.

“NDI® software” refers to the software made available by NewTek to Magewell that allows Magewell to enable the use of NDI® functionalities and features on Magewell’s Pro Convert products.

“Magewell software” refer to the software and codes developed by Magewell and embedded on chips to enable the end users to access the overall features provided by Magewell Pro Convert products either by default and/or by accessing a web-based user interface in a computer.

Grant of License

Upon your purchase of any Magewell products within Pro Convert Family, you are granted with a non-exclusive, revocable and limited right to use NDI® functionalities and other features enabled by the Software embedded in your Magewell Pro Convert Products under the terms of this EULA.

Restrictions on Use

  1. You shall use the Software strictly in accordance to the terms herein and, during or after the term, you shall not: a) modify, sell, transfer, resell for profits, distribute, or create derivative work based on the Software or any part other than set forth herein; b) reverse engineering or attempt to reverse engineering NDI® software and/or Magewell software in whole or in part; or encourage a third party to do so; c) decompile, disassemble, attempt to derive the source codes NDI® software, and/or Magewell software in whole or in part or encourage a third party to do so; d) run the Software on non-Magewell products.
  2. You are not licensed to use any trademarks either owned by Magewell or its licensors for any commercial purposes.
  3. If you transfer the ownership of the Pro Convert Products, your license herein is also transferred to the third party who is going to own the said Pro Convert Products. You are still liable for any breach of this EULA by that third party.

Limitations of Warranties and Disclaimer

  1. You acknowledge that the Software may not be free from defects in all or in part. Magewell will make all reasonable efforts in fixing bugs related to the Software and release updates in firmware or patches for free or for an upgrade fee if it is a major change requested by the user.
  2. You acknowledge that NewTek may amend, modify, change and/or cease distribution or production of the NDI® software at any time for any reasons without further notice. Magewell will make all reasonable efforts to ensure the compatibility with the modified NDI® software versions but does not make any warranties related to NDI® software in all or in part.
  3. Magewell and its licensors disclaim any and all warranties with relations to any NDI® compatibility and/or usage by end users.
  4. Magewell and its licensors disclaim, to the extent permitted by the applicable laws, for any damages, whether direct or indirect, incidental or consequential, arising from using the NDI® features and software of any kind.
  5. Magewell and its licensors provide the Software “as is” and expressly disclaim all warranties, conditions or other terms, whether express, implied or statutory, including without limitation, warranties, conditions or other terms regarding merchantability, fitness for a particular purpose, design, condition, capacity, performance, title, and non-infringement. Magewell does not warrant that the Software will operate without errors or all errors will be corrected.

Terminations

The license is effective until terminated by Magewell or modified by Magewell so this license agreement will be modified or replaced by an updated version. The license will be terminated without a notice by jurisdiction resolution, if you violate the terms in the EULA.

General

The license agreement is governed by the laws of People’s Republic of China.

License statement of third-party software

  1. Linux: https://www.kernel.org/doc/html/v4.17/process/license-rules.html
  2. Busybox: https://www.busybox.net/license.html
  3. U-Boot: https://www.denx.de/wiki/U-Boot/Licensing
  4. libubox: https://wiki.openwrt.org/doc/techref/libubox
  5. LibHTTP: https://www.libhttp.org/
  6. avahi: https://www.avahi.org/
  7. libuv: http://docs.libuv.org/en/v1.x/
  8. sqlite3: https://sqlite.org/copyright.html
  9. tinyxml2: http://www.cs.cmu.edu/~preethi/src/tinyxml/docs/index.html
  10. json-c: https://json.org/license.html