Before you start using the StreamCreed StreamNow software, please read this End User Software Licence Agreement (hereinafter: 'Agreement'). By accepting the contents of the Agreement you assume the status of 'Licensee' and approve all the terms and conditions of the Agreement. If the Licensee does not accept all the provisions of the Agreement, he/she/it cannot install or use the Streamcreed Software in full or in any part.
BY ORDERING, DOWNLOADING, INSTALLING OR USING THE SOFTWARE, OR ATTEMPTING TO DO ANY OF THESE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, YOU HAVE NO RIGHT TO AND MUST NOT DOWNLOAD OR USE THE SOFTWARE.
This Agreement is made by and between:
Licensee ('Licesnee' or 'you') a natural person acting for him/herself or on behalf of a legal entity or an organisational unit without legal personality who has lawfully purchased the Streamcreed Software and during its download/ installation confirmed his/her/its acceptance of the conditions of this Agreement in an electronic form;
and
Licensor - Licensor - "MANGOS LAB MONOPROSOPI I.K.E" distinctive title: "PRO TECHNO LAB" with a registered office at 244 SIGGROU Rd, TK 17672, ATHINA, Greece, General Commercial Registry (GEMI) Registration Number: 154888809000, Reg. Code Number: 154888809000
The StreamCreed StreamNow Software (hereinafter referred to as 'Software'), being an original work and a computer programme within the meaning of Article 2 of the Greek Law 2121/1993 known as: "Copyright, Related Rights and Cultural Matters" (Official Gazette A 25/1993 - Entry into force: 04.03.1993), is protected by copyright, international agreements on copyright and other acts of law and international agreements on protection of intellectual property rights. All rights to the Software are vested exclusively in the Licensor and are not encumbered with any rights of third parties. The Software is for personal non-commercial use only.
The Software is intended for streaming applications. It is unique, light, can be used in various setups and is easily configurable. It is user-friendly via a CMS and upgradeable. It offers various modes and is secure by use of user initiated encrypted password and credentials.
1.
1.1. Under this Agreement the Licensor hereby grants the Licensee with a limited non-exclusive and non-transferrable licence to use (not sold) the Software according to the terms specified herein ('Licence'). The Licence shall cover also the documentation attached to the Software and all developments, modifications, new versions and updates of the Software developed by the Licensor and made available to the Licensee by the Licensor according to the rules specified in this Agreement. Free or open source software not owned by Streamcreed is subject to separate license terms issued by third parties to Licensor.
1.2. Only a person or an entity that has previously signed up at Streamcreed.com may use the Software. Licensee may allow authorized users to use the Software solely on Licensee's behalf for his/her/its internal operations. Licensee is responsible for ensuring that authorized users comply with the terms of this EULA and that he/she/it is liable for any breach of the same by such authorized users. To the extent permitted by applicable law, Licensee must ensure that third parties using the Software on his/her/its behalf bring all claims related to the Software to Licensee and waive all claims directly against Licensor related to those claims.
1.3. The Software shall be provided to the Licensee by the Licensor in an electronic form -online- through the Licensors' website www.streamcreed.com ("the website"), without any carrier.
1.4. The total fee for granting the Licence (to use the software) shall be specified at streamcreed.com after creating a Streamcreed account (and accepting the Service Terms) to use Streamcreed Services, select the desired duration of the Licence (normally one, three or six months) accept the terms of this Agreement and place an online order to grant a Licence for the software. The terms of the Licence are specified upon placing an order on the website, and will remain available for access and download (along with any updates or amendments made to them) in the user interface area (UI) and will accompany the Software. The Licensor shall accept the Order by providing access to the Software. After the Order is accepted by the Licensor in the manner specified in the previous sentence the Licence may use the Software.
1.5. The fee for granting the Licence shall cover downloading updates and the technical support services connected with the Software according to the rules specified in Clause 2.3 and Clauses from 2.6 to 2.10 of the Agreement.
2.
2.1. The purchased duration and the remaining duration of the Licence granted for use of the software will appear for the entire duration of the Streamcreed Services Agreement in the user interface area (UI) of the website after Licensee's order is accepted by the Licensor. Upon expiry of the Licence term the Licensee and his/her/its authorized users should stop using the Software (even if use of the software or its functionalities is not disabled for any reason). The Licensee must renew payment (according to billing circles chosen upon order) to continue use the software.
2.2. The Licence is hereby granted on the fields of use specified in this Clause. The Licensee shall be entitled to use the Software on the following fields of use: temporary reproduction of the Software to the extent necessary to display, apply, introduce and store, as well as to normally exploit the Software with the use of mobile devices and computers with an access to the Software (i.e. to display, apply, introduce and store the Software in the computer memory, on a server and on mobile devices), to prepare the Software back-up copy, if it is necessary to use a computer programme, provided that the copy cannot be used simultaneously with the Software.
2.3. The Licensor hereby grants the Licensee the right to download updates, without any additional fee, by the Licensee, within the duration of the Licence and to use the technical support services connected with the Software and to the extend provided by the Licensor. The Licence shall not cover the right to obtain new versions, updates or technical services after the lapse of the duration of the Licence that starts upon acceptance by Licensor of the order placed by the Licensee. However, the Licensee may, upon acceptance by the Licensor of a new order (or extension of the duration of an existing by paying a separate fee according to billing circles chosen) renew the Licence and the right to receive recent versions and updates. The use of such versions and updates shall be governed by this Agreement and its updates.
2.4. Updates to the Software may be installed automatically or may require manual installation. The Licensee shall be informed by the Licensor of any available updates and the method to download or install them.
2.5. Any additional components of the Software downloaded/installed by the Licensee within the duration of the Licence as part of the Software's update shall be treated as a part of the Software and shall be governed by this Agreement.
2.6.1. The Licensee can obtain the support service connected with the Software by opening a support ticket in the Streamcreed User Interface area (UI). The Licensor shall provide support advices only. Remote access to the Software, including the Licensor, is locked by default by encryption key entered by the Licensee in the CMS at the time of Software installation and is controlled by the Licensee at all times. Remote technical support is not possible.
2.6.2. For privacy, data safety and copyright related matters the Software is designed in a way so that user content/data and materials cannot be stored within the Software or its components. It is stored separately at the desired location and means (devices/ computers or servers) set by, accessible and controlled solely by the user (Licensee). For added security, communication between the Software and these locations are set by default to password protected by an encrypted key set by user when installing the Software. Therefore, access to Licensee's data/ content/ material is not possible.
2.6.3. The support services related to the Software shall be provided in Greek or in English languages.
2.7. The support services related to the Software consist in securing and ensuring continuity of the Software's work and include:
- providing access to the updates of the Software on the terms and conditions specified herein
- servicing the Software in terms of its updating, diagnosing, removing failures and bug fixes but not changing the configuration of settings or customizing the Software.
2.8. The technical support services related to the Software shall be provided 10 hours a day between 8am GMT +2 and 6pm GMT +2.
2.9. The Licensor's response time in respect of the provision of the support services related to the Software shall be up to 8 hours.
The response time shall be counted from the moment of the confirmation of receipt of a report (support ticket) referred to in Clause 2.9 by the Licensor. Actions shall be conducted continuously since the moment of starting to remove a failure until the moment of its actual removal.
2.10. The Licensee's report on failure shall include the following information:
- the Licensee's identification data, such as the name, surname, company name or contract number, e-mail and licence key
- description of the failure
- name, phone and e-mail address of the person who can provide details of the failure
- logs from the environment where the failure occurred; as logs should be understood also screenshots if they show any signs of improperly operating Software.
3.
3.1. The Licensee can use the Software only in the manner specified in this Agreement. The Licensee cannot grant any further licences to the Software (sublicences) or dispose of and make available in any form, including lease, letting, lending for gratuitous or paid use of the Software (including any of its updates), any carriers on which the Software was recorded and the related documentation if the Licensee uses the Software at the same time. The Licensee shall not distribute or develop any derivative works or computer programmes based on the Software, in full or in part.
3.2. The Licensee shall not reverse engineer or disassemble the Software or in any other manner attempt to find the source code or the manner of the creative arrangement of the particular components of the Software. Decompilation, disassembly or adaptation of the Software and making any changes or modifications to the Software without the consent of the Licensor granted in writing shall be prohibited, subject to the provisions of Clause 3.3.
3.3. Multiplication of the code or translation of its form in the meaning of Law 2121/1993 shall not require any consent of the Licensor if it is necessary to obtain information required to ensure interoperability of an independently developed computer programme with other computer programmes, provided that the following conditions are fulfilled:
- such activities are performed by the Licensee or another person authorised to use a copy of the Software or by another person operating on their behalf,
- the information necessary to ensure interoperability was not easily accessible to the persons referred to above,
- such activities refer to the parts of the original Software that are necessary to ensure interoperability.
3.4. The information referred to in Clause 3.3 above cannot be:
- used for any purposes other than ensuring interoperability of an independently developed computer programme;
- provided to other persons unless it is necessary to ensure interoperability of an independently developed computer programme;
- used to develop, create or introduce to the market a computer programme of a significantly similar form of expression or to perform any other actions infringing copyright.
3.5. The Licensee shall not use, copy or imitate and shall not attach to the Software or to any of its components the trademark, the industrial design, the company name or the name of the Software in a manner that is misleading to third parties. Moreover, the Licensee shall not remove, hide or change the information about copyright or the company marks of the Licensor or any third parties or any other information about proprietary rights connected with the Software, included in the Software or made available in connection with the Software or via the Software.
3.6. If the Licensee uses other suppliers' software that affects the operation of the Software the Licensee hereby acknowledges that this circumstance shall lead to the exclusion of any liability of the Licensor towards the Licensee, including the loss of rights to demand any compensation on any grounds from the Licensor and to assert any other claims against the Licensor.
4.
4.1. The Software may include programmes of third parties used by the Licensee according to the licence provisions concerning such programmes. A list of the programmes of third parties included in the Software can be found here:
here.
5.
5.1. Should the terms and conditions hereof be not observed the Licensor can terminate this Agreement with an immediate effect without the Licensee's right to claim remuneration in full or in part. The notice of the termination of the Agreement shall be in writing, otherwise is null and void. If the Agreement is terminated by the Licensor for the reasons specified in this Clause the Licensee shall return to the Licensor any copies of the Software and any relative documents helsd by the Licensee.
5.2. Notwithstanding the termination of the Agreement referred to in Clause 5.1 above the Licensor has the right to block the use of the Software by the Licensee if the Licensor finds that the Licensee glaringly infringes the provisions hereof.
6.
6.1. The Licensee hereby acknowledges that he/she/it is the only person/ entity responsible for the data, any content, the back-up copy of which he/she/it made for use with/ in relation to the Software and accepts the fact that the Licensor does not store or control any data, content or takes back up of them, nor bears any liability for removal or Licensee's failure to store any of his/her/it data, content or any other content maintained or sent by the Licensee or others while the Licensee uses the Software.
6.2. The Licensor shall not be held liable for the Software's fitness for the purposes assumed by the Licensee.
6.3. The Licensee hereby represents that he/she/it understands and accepts that the Licensor shall not be liable towards the Licensee for any indirect, direct, consequential, special or punitive damages, including damages for lost profits, reputation, ability to use data or any other non-material damages resulting from: (i) improper use or inability to use the Software; (ii) cost of purchase of goods and services, data, information, as well as information received or transactions made with the use or via the Software; (iii) access of unauthorised persons to the Licensee's transmission or data, (iv) use or access to the Internet.
6.4. The Licensor hereby disclaims its warranty obligations in respect of the Software and the provision of support service or the lack thereof.
6.5. In the case of any modifications of the Software introduced by the Licensee or any third party, excluding any updates of the availability of which the Licensor informs the Licensee, the Licensor shall not be responsible for the improper or malicious operation of the Software and any other consequences caused by the modifications of the Software made by the Licensee.
6.6. The Licensor shall not be held responsible for the failure to operate, improper or malicious operation of the Software on the Licensee's devices, in particular due to the devices or content used by the Licensee, the Licensee's use of other computer programmes, apps and settings to Internet connections.
6.7. In no case should the Licensor be responsible for the data/content lost during the use of the Software or for any other, unfavourable to the Licensor consequences of the use of the Software by the Licensee.
6.8. In each case the total liability of the Licensor hereunder shall be limited to the amount of the fee for which the Licensee purchased the Licence from the Licensor.
7.
7.1. The Licensee shall not provide any third parties with access to the information included in the documentation connected with the Software. The Licensee shall keep secret any information obtained for the purpose of handling the Software, concerning the Licensor or its business.
7.2. The Licensee shall be responsible for his/her/its own application and use of the Software and for its application and use by his/her/its employees and subordinates used thereby.
7.3. The Licensee shall bear full and unlimited liability if he/she/it breaches the Agreement, in particular in respect of the scope of the Licence.
8.
8.1. Any amendments hereto shall be made in writing, otherwise they are null and void.
8.2. Any issue not provided for in this Agreement shall be governed by and construed in accordance with the laws of Greece, in particular the Greek Civil Code and Law 2121/1993 known as: "Copyright, Related Rights and Cultural Matters".
8.3. This Agreement shall be governed by the Greek law, and any disputes shall be resolved by the competent courts of law at Athens, Greece.
