Terms and Conditions

For reasons of customer protection, please take some time to read the following information:

Knowledge which is contained in these pages is subject to ongoing change due to progress in research and development. Progsomnia Ltd reserves the right to change or update any information on the website without notice. This also applies to improvements and/or changes in DVBStreamExplorer.

The information and material contained on this Website is provided "as is", without warranty of any kind, express or implied, including without limitation any warranty concerning the accuracy, adequacy or completeness of such information or material or the results to be obtained from using such information or material. Neither Progsomnia Ltd (the Distributor) nor Jens Vaaben (the Author) shall be responsible for any claims attributable to errors, omissions or other inaccuracies in the information or material contained in this agreement, and in no event shall Progsomnia Ltd or Jens Vaaben be liable for direct, indirect, special, incidental or consequential damages arising out of the use of such information or material.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE INSTALLING THE SOFTWARE. BY INSTALLING THE SOFTWARE YOU ARE (1) REPRESENTING THAT YOU ARE OVER THE AGE OF 18 AND HAVE THE CAPACITY AND THE AUTHORITY TO BIND YOURSELF AND/OR YOUR EMPLOYER, AS APPLICABLE, TO THE TERMS OF THIS LICENSE AND (2) CONSENTING ON BEHALF OF YOURSELF AND/OR AS AN THE AUTHORIZED REPRESENTATIVE OF YOUR EMPLOYER, AS APPLICABLE, TO BE BOUND BY THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE, OR DO NOT REPRESENT THE FOREGOING, YOU WILL NOT AND MAY NOT RECEIVE, INSTALL OR USE THE DVBSTREAMEXPLORER SOFTWARE. Any use of the DVBStreamExplorer Software other than pursuant to the terms of this License is a violation of U.S. and international copyright laws and conventions.

Jens Vaaben (“the Author”) is willing to license the DVBStreamExplorer Software defined below, related documentation, and any other material or information relating to such software distributed by Progsomnia Ltd (“Progsomnia”) to you (personally and/or on behalf of your employer, as applicable) (“the Licensee”) ONLY IF YOU ACCEPT ALL OF THE TERMS IN THIS LICENSE AGREEMENT (“the License”). The Author is not willing to make the DVBStreamExplorer Software available under any other terms or subject to any other conditions. The term "Software" includes, and these terms and conditions also apply to, any updates modifications, upgrades to the Software that you may receive from time to time.

Should you have any questions regarding this License, or should you wish to reject this license and obtain a refund of the purchase price (if applicable), you must write to the contact address at the end of this agreement.

1. DEFINITIONS

“Software” – The Author’s DVBStreamExplorer Software and any and all other applications and tools and related documentation that the Author may provide to the Licensee via Progsomnia in conjunction with the DVBStreamExplorer Software.

2. GRANT OF LICENSE

Subject to the terms and conditions of this License, the Author hereby grants to the Licensee a limited, personal, non-exclusive, non-sublicensable, non-transferable license to install on magnetic or optical media and use ONE (1) copy of the Software.

The license granted to the Licensee is expressly made subject to the following limitations: the Licensee may not itself (and shall not permit any third party to): (i) copy, other than as expressly permitted, all or any portion of the Software, except that the Licensee may make one copy of the Software for archival purposes for use by the Licensee only in the event the Software shall become inoperative; (ii) modify or translate the Software; (iii) modify, alter, or use the software so as to enable more extensions than are authorized in the relevant software purchase agreement; (iv) reverse engineer, decompile or disassemble the Software, in whole or in part, (v) use the Software to directly or indirectly provide a time-sharing or subscription service to any third party or to function as a service bureau or application service provider; (vi) create derivative works based on the Software, except in accordance with clause (ii) of this paragraph; (vii) publicly display the Software; (viii) rent, lease, sublicense, sell, market, distribute, assign, transfer, or otherwise permit access to the Software to any third party; (ix) install and use the Software unless the Licensee has installed on such magnetic or optical medium a valid, licensed copy of an operating system compatible with said Software; or (x) exercise any right to the Software not expressly granted in this License.

The Software includes software applications and tools licensed to the Author by third parties, including without limitation:

SDK Software Components from TechnoTrend AG.

This third-party software included in the Software is provided AS IS AND WITH ALL FAULTS.

3. SCOPE OF GRANT

You may not decompile, disassemble or otherwise reverse engineer the Software, or engage in any other activities to obtain underlying information that is not visible to the user in connection with normal use of the Software. You may not modify, rent, or resell for profit this Software, or create derivative works based upon this Software. You may not publicize or distribute any registration code algorithms, information, or registration codes used by this Software without permission from the Author. In no event shall the Author’s liability exceed the purchase price of the Software.

4. OWNERSHIP OF SOFTWARE

This License does not convey to the Licensee an interest in or to the Software, but only a limited right of use revocable in accordance with the terms of this License. The Software is NOT sold to the Licensee. The Author and its licensors own all right, title and interest in and to the Software. No license or other right in or to the Software is granted to the Licensee except for the rights specifically set forth in this License. The Licensee hereby agrees to abide by all applicable laws and international treaties.

5. ENTIRE AGREEMENT

The third party software applications and tools included in the Software are governed by the terms and conditions of this License. The Author, in its sole discretion, may provide additional third party software to the Licensee at any time via Progsomnia. The installation and use of any third party software provided to the Licensee by the Author that is not specifically included in the Software, whether provided on the same media as the Software or separately, is governed by its own license agreement between the respective third party and the Licensee.

This License and the other agreements between the Licensee and the Author, policies, terms and conditions incorporated by reference represent the entire agreement between the Author and the Licensee.

6. UPDATES AND SUPPORT

The Author may modify the Software at any time, for any reason, and without providing notice of such modification to the Licensee. This License will apply to any such modifications which are rightfully obtained by the Licensee unless expressly stated otherwise. This License does not grant the Licensee any right to any maintenance or services, including without limitation, any support, enhancement, modification, bug fix or update to the Software and the Author, or any Distributor affiliated with the Author, is under no obligation to provide or inform the Licensee of any such updates, modifications, maintenance or services.

7. CONFIDENTIALITY

The Licensee acknowledges that the Software and certain other materials are confidential as provided herein. The Author’s and its licensors’ proprietary and confidential information includes any and all information related to the services and/or business of the Author or its licensors that is treated as confidential or secret by the Author or its licensors (that is, it is the subject of efforts by the Author, or its licensors, as applicable, that are reasonable under the circumstances to maintain its secrecy), including, without limitation, (i) the Software; (ii) any and all other information which is disclosed by the Author to the Licensee orally, electronically, visually, or in a document or other tangible form which is either identified as or should be reasonably understood to be confidential and/or proprietary; and, (iii) any notes, extracts, analysis, or materials prepared by the Licensee which are copies of or derivative works of the Author’s or its licensors’ proprietary or confidential information from which the substance of Confidential Information can be inferred or otherwise understood (the “Confidential Information”).

Confidential Information shall not include information which the Licensee can clearly establish by written evidence: (a) already is lawfully known to or independently developed by The Licensee without access to the Confidential Information, (b) is disclosed in non-confidential published materials, (c) is generally known to the public, or (d) is rightfully obtained from any third party without any obligation of confidentiality.

The Licensee agrees not to disclose Confidential Information to any third party and will protect and treat all Confidential Information with the highest degree of care. Except as otherwise expressly provided in this License, the Licensee will not use or make any copies of Confidential Information, in whole or in part, without the prior written authorization of the Author. The Licensee may disclose Confidential Information if required by statute, regulation, or order of a court of competent jurisdiction, provided that the Licensee provides the Author with prior notice, discloses only the minimum Confidential Information required to be disclosed, and cooperates with the Author in taking appropriate protective measures. These obligations shall continue indefinitely following termination of this License with respect to Confidential Information.

8. NO WARRANTY AND DISCLAIMER OF LIABILITY

THE SOFTWARE IS WARRANTED TO SUBSTANTIALLY CONFORM TO ITS WRITTEN DOCUMENTATION FOR A PERIOD OF THIRTY (30) DAYS FOLLOWING SHIPMENT OR DOWNLOAD. AS YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF A BREACH OF THIS WARRANTY, PROGSOMNIA WILL, AT ITS OPTION, REPLACE THE SOFTWARE WITH CONFORMING SOFTWARE, OR REFUND ANY AMOUNT PAID BY YOU TO PROGSOMNIA FOR THE SOFTWARE. PROGSOMNIA, THE AUTHOR AND ITS LICENSORS DO NOT MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM ANY, OTHER REPRESENTATIONS, ENDORSEMENTS, GUARANTIES, OR WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. The Author does not warrant that use of the Software, or the Licensee’s ability to use the Software will be uninterrupted, virus free or error free. The Licensee acknowledges that the Author does not guarantee compatibility between the Software and any future versions thereof. The Licensee acknowledges that the Author does not and cannot guarantee that the Licensee’s computer environment will be free from unauthorized intrusion or otherwise guarantee the privacy of the Licensee’s information. The Licensee will have sole responsibility for the adequate protection and backup of the Licensee’s data and/or equipment used with the Software. The entire risk as to the quality and performance of the Software and any obligation with respect to service and support is borne by the Licensee.

THE LICENSEE’S SOLE EXCLUSIVE REMEDY FOR ANY CLAIM ARISING UNDER THIS LICENSE OR FROM USE OF THE SOFTWARE IS THAT PROGSOMNIA WILL USE COMMERCIALLY REASONABLE EFFORTS TO ISSUE THE LICENSEE REPLACEMENT FOR ANY DEFECTIVE SOFTWARE OR MEDIA. PROGSOMNIA, THE AUTHOR AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS AND AGENTS (“THE PARTIES”) SHALL NOT BE LIABLE UNDER ANY LEGAL THEORY FOR ANY DAMAGES SUFFERED IN CONNECTION WITH THE USE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, DATA OR USE (“EXCLUDED DAMAGES”), EVEN IF ANY PARTY WAS ADVISED OF THE POSSIBILITY OF ANY EXCLUDED DAMAGES OR ANY EXCLUDED DAMAGES WERE FORESEEABLE. IN THE EVENT OF A FAILURE OF ESSENTIAL PURPOSE OF THE EXCLUSIVE REMEDY, AS THE LICENSEE’S SOLE AND EXCLUSIVE ALTERNATIVE REMEDY THE LICENSEE MAY RECEIVE ACTUAL DIRECT DAMAGES UP TO THE AMOUNT PAID BY THE LICENSEE TO PROGSOMNIA FOR THE SOFTWARE. THE LICENSEE HEREBY EXPRESSLY RELEASES THE PARTIES FROM ANY AND ALL LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, TO THE LICENSEE OR ANY THIRD PARTY AS A RESULT OF THE USE OF THE SOFTWARE OR THE INTRODUCTION THEREOF INTO THE LICENSEE’S COMPUTER ENVIRONMENT.

The above disclaimer of warranty and liability constitutes an essential part of this License and the Licensee acknowledges that the Licensee’s installation and use of the Software reflect the Licensee’s acceptance of this disclaimer of warranty and liability. Certain jurisdictions may limit the Author’s and its licensors’ ability to disclaim their liability to you, in which case, the foregoing disclaimer shall be construed to limit the Author’s and its licensors’ liability to the maximum extent permitted by applicable law.

9. COPYRIGHT NOTICES AND OTHER NOTICES

The Software is protected by the copyright laws of the United States and all other applicable laws of the United States and other nations and by any international treaties, unless specifically excluded herein.

10. TERM AND TERMINATION OF LICENSE

This License is valid until terminated. The Licensee may terminate this License at any time by destroying or returning the Licensee’s copy of the Software and all Confidential Information as set forth below. This License will terminate immediately if the Licensee defaults or breaches any term of this License. Upon termination of this License for any reason, any right, license or permission granted to the Licensee with respect to the Software shall immediately terminate and the Licensee hereby undertakes to: (i) immediately cease to use any part of the Software; and (ii) promptly return the Software and all Confidential Information and related material to Progsomnia and fully destroy, delete and/or de-install any copy of the Software installed or copied by the Licensee. The provisions regarding confidentiality, ownership, disclaimers of warranty, limitation of liability, equitable relief and governing law and venue will survive termination of this License indefinitely in accordance with their terms.

11. ASSIGNMENT

The License is personal to the Licensee and the Licensee agrees not to transfer (by operation of law or otherwise), sublicense, lease, rent, or assign their rights under this License, and any such attempt shall be null and void. The Author may assign, transfer, or sublicense this License or any rights or obligations thereunder at any time in its sole discretion.

12. GOVERNING LAW

This License shall be governed by and construed in accordance with the laws of the United Kingdom without regard to conflict of law provisions thereto. The Licensee submits to the jurisdiction of any court sitting in United Kingdom in any action or proceeding arising out of or relating to this Agreement and agrees that all claims in respect of the action or proceeding may be heard and determined in any such court. There shall be no class action arbitration or litigation pursuant to this License. The Author may seek injunctive relief in any venue of its choosing. The Licensee hereby submits to personal jurisdiction in such courts. The parties hereto specifically exclude the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act from this License and any transaction between them that may be implemented in connection with this License. The original of this License has been written in English. The parties hereto waive any statute, law, or regulation that might provide an alternative law or forum or to have this License written in any language other than English.

13. U.S. GOVERNMENT END USERS

The Software is a “commercial item,” as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein.

14. DISCLAIMER OF WARRANTY

THIS SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AUTHOR FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT AND DOCUMENTATION REMAINS WITH RECIPIENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15. EQUITABLE RELIEF

It is agreed that because of the proprietary nature of the Software, the Author’s and its Licensors’ remedies at law for a breach by the Licensee of its obligations under this License will be inadequate and that the Author and its Licensors shall, in the event of such breach, be entitled to, in addition to any other remedy available to it, equitable relief, including injunctive relief, without the posting of any bond and in addition to all other remedies provided under this License or available at law.

16. CONTACT

Use of the Software other than as per specified in this agreement requires that you have entered into a separate license agreement with the the Author. Please contact the distributor at the following address for further information.

Progsomnia Ltd
“The Corner”/16
Esperanto Street
Msida MSD 2013, Malta

UK Tel: +44 (0) 845 5089163
Malta Tel: +356 2141 9338
E-mail: info@dvbstreamexplorer.com

Reg.No: C37953
VAT No: MT17854713