Wowza(tm) Media Systems, LLC
END USER LICENSE AGREEMENT
for
Wowza Streaming Engine(tm) 4 Software
And Related Software Products and Services

     Thank you for choosing software from Wowza Media Systems, 
LLC.  This End User License Agreement (this "EULA") is a legally 
binding license agreement between you and Wowza Media Systems, 
LLC that describes your rights to use software and services provided 
by Wowza, including Wowza Streaming Engine software and 
technical support and maintenance for that software.  
     
     This EULA is divided into various sections, including the 
following License Overview that provides a summary of the EULA.  
Please read this EULA carefully and in its entirety before clicking "I 
AGREE", installing, or using Wowza Streaming Engine software or 
other software provided to you by Wowza.   
     
     BY SELECTING "I AGREE" DURING INSTALLATION OF 
THE SOFTWARE, OR BY DOWNLOADING, INSTALLING, 
COPYING, OR USING SOFTWARE PROVIDED BY WOWZA, OR 
BY OTHERWISE SIGNIFYING YOUR ACCEPTANCE OF THIS 
EULA, YOU ACKNOWLEDGE AND AGREE: (1) THAT YOU HAVE 
READ AND UNDERSTAND THIS AGREEMENT; (2) THAT YOU 
AGREE TO BE BOUND BY EACH AND EVERY TERM OF THIS 
EULA; AND (3) IF YOU ARE ENTERING INTO THIS AGREEMENT 
ON BEHALF OF A COMPANY, THAT YOU HAVE THE POWER 
AND AUTHORITY TO DO SO AND TO BIND SUCH COMPANY.    
     
     IF YOU DO NOT AGREE TO EACH AND EVERY TERM AND 
CONDITION OF THIS EULA, YOU MAY NOT USE ANY 
SOFTWARE PROVIDED BY WOWZA.  If you do not agree with each 
and every of the terms and conditions of this EULA, do not click "I 
ACCEPT" or otherwise take any action that signifies your agreement 
to this EULA and return the software to Wowza immediately.  Wowza 
will gladly provide you with a refund of any license fees paid if you 
have not installed or used the software provided by Wowza.  
     
     Although this EULA contains specific terms and conditions for 
how Wowza may update or modify this EULA, the most current 
version of license agreements for Wowza software are available on 
the Wowza Website.  If you have questions about this EULA or in the 
future would like to request a copy of the license agreement that you 
entered into, please email info@wowza.com. 
     
     
     
     
     

     
     THIS EULA IS AN AGREEMENT TO LICENSE SOFTWARE,
     NOT AN AGREEMENT FOR THE SALE OF SOFTWARE.
     

-- LICENSE OVERVIEW --
     
     This license overview is provided as a convenience only.  You 
are cautioned that this overview does not contain a summary of each 
term of the EULA and that you should read the EULA in its entirety to 
understand your and Wowza's respective rights and obligations.  In 
the event of a conflict between this License Overview and the EULA, 
the EULA shall control and be given full force and effect. 
     
     What is covered by this EULA?  This EULA governs the 
relationship between you and Wowza related to: (i) all Software 
licensed under this EULA along with software AddOns and other 
related software components licensed under this EULA (collectively, 
"Software"); and (ii) support and maintenance for the Software.   
     
     Who does this EULA apply to?  This EULA applies to you as 
an individual and to the company or companies that you represent if 
you are accepting this EULA or installing or using Software on behalf 
of a company or companies.  If you are accepting this EULA or 
installing or using Software on behalf of a company or companies, 
you are representing that you have the full power and authority to do 
so on behalf of such company or companies and to bind such 
company or companies to the terms of this EULA.  Regardless, your 
agreement to this EULA indicates your representation to Wowza that 
you are of sufficient legal age to enter into this EULA and to bind 
yourself, along with any company or companies that you are acting 
on behalf of, to its terms.         
     
     What are License Keys?  License Keys are alphanumeric 
codes provided to you by Wowza, which facilitate your use of Wowza 
software.
     
     How may I use the Software?  The Software is licensed, not 
sold.  You are permitted to install and use one or more copies of the 
Software on one or more Servers, as described further in the EULA.  
     
     Are there things I may not do with the Software?  Yes.  This 
EULA contains various restrictions on your use of the Software, 
including without limitation, that you may not copy the Software 
except for archival or backup purposes, and that you may not modify, 
create derivative works based on, or reverse engineer the Software.  
     
     May I resell or distribute Wowza Software, or include 
Wowza software in my product?  No.  You may not resell, 
distribute, or bundle the Software in any manner.  Only authorized 
Wowza partners may resell, distribute, or include Wowza software in 
their products.  If you are interested in becoming an authorized 
Wowza partner, please contact sales@wowza.com.
     
     How may this EULA be modified or superseded?  This 
EULA may be modified in one of three ways: (i) by a writing signed by 
you and Wowza; (ii) by email notice from Wowza to you, to Your 
Email Address (as defined in the EULA); or (iii) by Wowza posting an 
updated version of this EULA on the Wowza Website (as defined in 
the EULA).  Separately, this EULA may be superseded by a 
subsequent license agreement (including a subsequent version of 
this EULA) if you agree to such subsequent license agreement 
version, such as when you download, install, or use a patch, Software 
update, or other bug fix.            
     


     -- LICENSE AGREEMENT --

1.	DEFINITIONS. 

   1.1	"Additional Terms" means those terms and conditions 
referred to herein, such as terms and conditions on the Wowza 
Website, along with the License Overview and the text preceding the 
License Overview.

   1.2	"AddOn" is a subset of Software (defined below), and 
means any one (1) of the additional software features offered by 
Wowza that compliments the Software.

   1.3	 "Channel" means one (1) unique media stream for input 
into one (1) unique Instance of the Software. 

   1.4	"Concurrent Connections" means the total number of 
simultaneous connections to the Software. 

   1.5	"Content" means any video, audio, data, and other input 
to or output from the Software. 

   1.6	"EULA" means this End User License Agreement, 
including the preceding text and License Overview and Additional 
Terms. 

   1.7	"Instance" means one unique installation of the Software 
on a Server.   

   1.8	"License Key" means an alphanumeric code or similar 
installation, access, or usage control code issued to you by Wowza to 
activate and use one (1) or more Instances of the Software on one (1) 
or more single Servers, depending on your specific Wowza license 
type. 

   1.9	"Offline License Key" means a type of License Key that is 
not required to "call into" and connect with Wowza licensing servers.  
Offline License Keys include License Keys tied to a "MAC address" or 
a USB device.  

   1.10	"Player" means the audiovisual player software that may 
be provided to You by Wowza from time to time.  

   1.11	"Sample Code" means sample source code or scripts 
distributed by Wowza from time to time and identified as such when 
provided to you. 

   1.12	"Server" means a single physical computer running no 
more than one (1) unique copy of an operating system.  Multiple 
Servers include: (i) multiple computers that share processing power 
or operate in a networked configuration as a single logical computer, 
such as a "server farm," "cluster," or similar arrangement; and (ii) 
multiple virtual machines within a technical environment that 
partitions a physical computer into multiple virtual machines such that 
each virtual machine has the appearance and capability of running on 
its own dedicated machine.  

   1.13	"Services" means maintenance and support services, and 
includes Support, Updates, and Upgrades. 

   1.14	"Services Period" means the period(s) of time during 
which you have purchased the right to obtain the Services.  License 
Keys each have individual Services Periods. 

   1.15	"Software" means software products owned or distributed 
by Wowza that are licensed to you under this EULA including, but not 
limited to, any related AddOns, components, application 
programming interfaces, associated media, printed materials, online 
or electronic documentation, and any updates, maintenance releases, 
bug fixes, corrections, enhancements, or other modifications thereto.  
Except where explicitly stated otherwise, "Software" includes the 
Player (as defined above).    

   1.16	"Support" means the provision of technical assistance by 
Wowza to you according to Wowza's then-current policies.  Support 
includes, at a minimum, technical support related to the Software 
provided by email communication with a Wowza representative. 

   1.17	"Total Number of Instances" means the maximum concurrent 
number of Instances you are using or have used during any billing 
period, as calculated by Wowza according to its then-current policies 
and procedures.  

   1.18	"Total Number of Channels" means the maximum concurrent 
number of Channels you are using or have used during any billing 
period in connection with a Wowza Streaming Engine Monthly Edition 
License or a Wowza Streaming Engine Daily Edition License, as 
calculated by Wowza according to its then-current policies and 
procedures.

   1.19	"Upgrade" means newer versions of the Software that 
may utilize a distinct installer package and may require an additional 
License Key, commonly referred to as a "full version" or "dot" release.  
For example, transitioning from Wowza Streaming Engine 4 version 
4.0 to Wowza Streaming Engine 4 version 4.1 would require an 
Upgrade.  
 
   1.20	"Update" means updates, fixes, or other relatively minor 
modifications to the Software, which are applied through Wowza's 
update process.  For example, transitioning from Wowza Streaming 
Engine 4 version 4.0 to Wowza Streaming Engine 4 version 4.0.0.01 
would require an update.

   1.21	"Wowza" means Wowza Media Systems, LLC, 523 Park 
Point Drive, Suite 300, Golden, Colorado 80401 USA, and its 
affiliates.

   1.22	"Wowza Trademarks" mean all names, trademarks, service 
marks, trade names, logos, designs, trade dress, domain names, and 
other brand designations used, registered, owned, or licensed by 
Wowza in connection with its products and services.

   1.23	"Wowza Website" means www.wowza.com, its constituent 
pages, and other websites owned, managed, or operated by Wowza.   

   1.24	"You" or "you" means, and references to "Your" or "your" 
shall be deemed references to: (i) the natural person, the legal entity, 
or both, that is or are agreeing to this EULA by downloading, 
installing, copying, or using the Software; (ii) your employees and 
third party contractors or the employees and third party contractors 
employed or engaged by the legal entity agreeing to this EULA; (iii) 
your customers who use the Software; and (iv) any other third party 
that uses or gains access to the Software or a License Key, whether 
with your permission or otherwise.  

   1.25	"Your Email Address" or "your Email Address" means the 
electronic mail (commonly referred to as "email") address you 
provided Wowza, either when you downloaded the Software from the 
Wowza Website, obtained a License Key from Wowza, or at some 
other time.  In the event you have provided multiple electronic mail 
addresses to Wowza, Wowza may use the electronic mail address of 
its choosing for purposes of communication regarding the Software or 
Services, or for communications required or permitted by this EULA, 
unless you have explicitly notified Wowza that a specific electronic 
mail address should be removed from Wowza's records.     

2.	LICENSE GRANTS; TITLE; USAGE BY THIRD PARTIES. 

   2.1	Software Licensed, Not Sold.  The Software is licensed, not 
sold.  This EULA does not transfer or modify any ownership rights 
related to the Software, which are exclusively held by Wowza and its 
licensors.
 
   2.2	License Grant to the Software Except for Player.  Subject to 
the terms of this EULA and payment of applicable fees, Wowza 
hereby grants you a limited, world-wide, non-exclusive, non-
transferable, revocable license, without rights to sublicense, to 
download and install the Software, except for the Player, on one (1) 
Server, and to use the Software for the purposes set forth in the 
applicable Software documentation, to the extent permitted by your 
payment of applicable fees and the specifications of your specific 
license grant and license type, as further described herein.  Source 
Code, from which the Software or Player object code is derived 
(except for source code contained in any Sample Code), is not being 
provided or licensed to you and is a valuable trade secret of Wowza 
and its licensors. 

   2.3	License Grant to the Player Software.  Subject to the terms 
of this EULA and payment of applicable fees, Wowza hereby grants 
you a limited, world-wide, non-exclusive, non-transferable, revocable 
license, without rights to sublicense, to download, use, access, 
operate, integrate, and install the Player on Your websites, solely for 
the purpose of facilitating playback and streaming of Content on Your 
website, where such Content has been streamed from a Wowza 
service or a Wowza server Instance to the Player.  You may not 
distribute, re-license, sell, lease, transfer, or make the Player 
available for public use.  For the avoidance of doubt, as used in this 
EULA, "Software" includes the Player except where expressly stated 
otherwise.  The scope of the Player license granted to You by 
Wowza, the Player features and functionality made available to You, 
and the Player limitations applicable to You, will each vary according 
to the commercial terms pursuant to which Wowza provides You with 
the Player.  Wowza reserves the right to change the scope of the 
Player license granted to You, and the features, functionality, and 
limitations regarding the Player applicable to You, at any time and 
without prior notice to You; Your continued use of the Player following 
receipt of notice of any such change constitutes your acceptance of 
such change.  WHILE USING THE SOFTWARE AND THE PLAYER, 
YOU MUST USE AND COLLECT INFORMATION ABOUT PEOPLE 
WHO VIEW CONTENT IN A LEGALLY COMPLIANT MANNER, AND 
PROVIDE REQUIRED AND CUSTOMARY PRIVACY NOTICES 
AND DISCLAIMERS.        

   2.4	Sample Code. You may download, install, use, copy, and 
modify Sample Code provided to you by Wowza, if any.  Sample 
Code is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES 
OR CONDITIONS OF ANY KIND, either express or implied. 

   2.5	Title.  Wowza retains all right, title, and interest in and to the 
Software, copies of the Software, Sample Code, and License Keys, 
and in and to all related copyrights, trade secrets, patents, 
trademarks, service marks, domain names, and other intellectual and 
industrial property and proprietary rights, including registrations, 
applications, renewals, and extensions of such rights.

   2.6	Rights Reserved.  Any and all rights not expressly granted to 
you by this EULA are reserved in all respects by Wowza.   

   2.7	Usage by Others.  You agree to reasonably communicate 
the terms and conditions of this EULA to anyone who may or will 
come into contact with the Software, License Keys, and other 
intellectual property of Wowza, including without limitation, your 
customers, employees, and contractors.  You agree to use best 
efforts to ensure their compliance with the terms and conditions of 
this EULA and you agree to be solely responsible for any failure by a 
third party to comply with this EULA. 

  3.	LICENSE RESTRICTIONS.  In addition to the other restrictions 
herein, you shall not: 

   3.1	copy the Software except for a reasonable number of 
machine-readable copies of the Software for backup or archival 
purposes only; 

   3.2	remove, alter, or obfuscate any titles, Wowza Trademarks, 
trademarks, service marks, trade names, copyright notices, legends, 
watermarks, or other proprietary markings on or in the Software or 
Sample Code;

   3.3	sell, lease, license, sublicense, rent, assign, distribute, or 
otherwise transfer or share, in whole or in part, the Software or 
License Key(s), or your rights in or to the same, to another party, 
including rights on a membership, subscription, or hosted basis;  

   3.4	modify or create derivative works based upon the Software;  

   3.5	decompile, disassemble, reverse engineer, or otherwise 
attempt to derive source code from the Software, in whole or in part;  

   3.6	unbundle, break apart or repackage the Software or any of 
its component parts for any reason whatsoever; 

   3.7	bundle or distribute the Software in any manner whatsoever; 

   3.8	provide use of the Software in a third party outsourcing 
facility, on a service or service bureau arrangement, or on a rental, 
application service provider, or timesharing basis;  

   3.9	use the Software to transmit, reproduce, store, or share 
Content that you do not have the right to transmit, reproduce, store, 
or share;  

   3.10	at any time provide an evaluation license to the Software to 
any other person or entity, or otherwise permit any other person or 
entity to evaluate the Software;

   3.11	make any changes, modifications, or alterations to this 
EULA;

   3.12	make any statements, warranties, or representations 
concerning the Software or Sample Code that exceed or are 
inconsistent with the documentation provided by Wowza; 

   3.13	export or re-export the Software except in compliance with 
applicable law, including, without limitation, the applicable provisions 
of the United States Export Administration Act and its related rules 
and regulations, along with applicable international export laws, rules, 
and regulations; 

   3.14	Use or collect information about people who come into 
contact with the Software or receive Content, that is in any way 
illegal, violates the rights of such people, or is otherwise prohibited; or 

   3.15	assist, encourage, or permit any other person or entity to do 
anything prohibited or not permitted by this EULA.  

  4.	LICENSE TYPES AND ADDITIONAL LICENSE 
RESTRICTIONS.  The Software is licensed under various types of 
licenses. For example, Wowza offers perpetual, subscription, and trial 
licenses to the Software as three distinct license "types."  Each 
License Key enables your use of the Software under a single license 
type - in other words, your use of the Software is specifically limited 
to one (1) license type per License Key.  Significant additional 
details, limitations, and restictions regarding license types and 
costs, including for example, whether certain features are 
enabled with a specific license type, may be provided on the 
Wowza Website or in other communications from Wowza to you, 
and that information incorporated herein by reference.  Not all 
types of licenses are available to every customer and the 
requirements for obtaining a specific license type are available 
from Wowza and may be provided on the Wowza Website.  

   4.1	Determining your License Type.  In general, the type of 
license to the Software that you hold can be determined by examining 
the purchase documents received from Wowza (such as a receipt), 
the ordering, purchase, and confirmation webpages on the Wowza 
Website, or the License Key obtained from Wowza.  A list of your 
License Keys and information about those License Keys is viewable 
in the Wowza Streaming Engine Manager.
 
     4.1.1	A trial license type is denoted by the words "Trial" or "Trial 
Edition", and a License Key beginning "ET..."

     4.1.2	A developer license type is denoted by the words 
"Developer" or "Developer Edition", and a License Key beginning 
"EDEV4".

     4.1.3	An R&D license type is denoted by "R&D", and a License 
Key beginning "ERDA4".  

     4.1.4	A testing license type is denoted by the word "Testing" 
and a License Key beginning "ETEA4".   

     4.1.5	A perpetual license type is denoted by the words 
"Perpetual" or "Perpetual Edition", and a License Key beginning 
"ENGP4", "ENPN4", "EPB14", "EPBU4", "ENCU4", "ENCM4", 
"ENCC4", "ENC04", or "ENCG4".  

     4.1.6	A subscription license type is denoted by the words 
"Daily", "Monthly", or "Annual", and a License Key beginning 
"ENGD4" or "ENGM4".  

     4.1.7	A developer program license type is denoted by the 
words "Developer Program" and a License Key beginning "EDPA4".  

   4.2	Trial and Developer License Types.  This section applies 
only if you have obtained a valid Wowza Streaming Engine Trial 
Edition License Key or a valid Wowza Streaming Engine Developer 
Edition License Key to the Software, or are otherwise using the 
Wowza Streaming Engine Trial Edition Software or Wowza Streaming 
Engine Developer Edition Software.  In addition to the other terms 
contained herein, for each separate, unique, and valid Wowza 
Streaming Engine Trial Edition License Key or Wowza Streaming 
Engine Developer Edition License Key: 

     4.2.1	your license to the Software is limited to one (1) Instance 
of the Software on one (1) Server; 

     4.2.2	your license to the Software expires automatically without 
notice, either thirty (30) or one-hundred and eighty (180) calendar 
days following the date the License Key is issued to you, as provided 
on the Wowza Website and in your Wowza documentation; 

     4.2.3	you shall not use the Software for any commercial 
purposes whatsoever or in any manner intended to benefit, aid, or 
assist a third party; and

     4.2.4	your license to the Software is limited to a maximum 
number of ten (10) Concurrent Connections;

     4.2.5	you shall not apply clustering, load balancing, or other 
operational performance improvements to any Server on which the 
Wowza Streaming Engine Trial Edition Software or Wowza Streaming 
Engine Developer Edition Software is installed, used, or accessed; 
and

     4.2.6	your license to the Software may also include feature 
limitations as more fully described in the applicable documentation for 
the Software or on the Wowza Website.

   4.3	R&D License Type.  This section applies only if you have 
obtained a valid Wowza Streaming Engine R&D Edition License Key 
to the Software, or are otherwise using the Wowza Streaming Engine 
R&D Edition Software.  In addition to the other terms contained 
herein, for each separate, unique, and valid Wowza Streaming 
Engine R&D Edition License Key: 

     4.3.1	your license to the Software is limited to one (1) Instance 
of the Software on one (1) Server; 

     4.3.2	your license to the Software expires automatically without 
notice three-hundred and sixty-five (365) calendar days following the 
date the License Key is issued to you; 

     4.3.3	you shall not use the Software for any commercial 
purposes whatsoever or in any manner intended to benefit, aid, or 
assist a third party; 

     4.3.4	your license to the Software is limited to a maximum 
number of ten (10) Concurrent Connections;

     4.3.5	you shall not apply clustering, load balancing, or other 
operational performance improvements to any Server on which the 
Wowza Streaming Engine R&D Edition Software is installed, used, or 
accessed; and

     4.3.6	your license to the Software may also include feature 
limitations as more fully described in the applicable documentation for 
the Software or on the Wowza Website.

   4.4	Testing License Type.  This section applies only if you 
have obtained a valid Wowza Streaming Engine Testing Edition 
License Key to the Software, or are otherwise using the Wowza 
Streaming Engine Testing Edition Software.  In addition to the other 
terms contained herein, for each separate, unique, and valid Wowza 
Streaming Engine Testing Edition License Key: 

     4.4.1	your license to the Software is limited to one (1) Instance 
of the Software on one (1) Server; 

     4.4.2	your license to the Software expires automatically without 
notice thirty (30) calendar days following the date the License Key is 
issued to you; 

     4.4.3	you shall not use the Software for any commercial 
purposes whatsoever or in any manner intended to benefit, aid, or 
assist a third party;

     4.4.4	your license to the Software may also include feature 
limitations as more fully described in the applicable documentation for 
the Software or on the Wowza Website.

   4.5	Perpetual License Type.  This section applies only if you 
have obtained a valid Wowza Streaming Engine Perpetual Edition 
License Key to the Software, or are otherwise using the Wowza 
Streaming Engine Perpetual Edition Software.  In addition to the other 
terms contained herein, for each separate, unique, and valid Wowza 
Streaming Engine Perpetual Edition License Key: 

     4.5.1	your license to the Software is limited to one (1) Instance 
of the Software on one (1) Server; and

     4.5.2	you may be required to obtain a separate Software 
license and License Key for each paid AddOn that will be used with a 
Wowza Streaming Engine Perpetual Edition license and your use of 
such AddOns, if any, shall be additionally governed by the applicable 
provisions herein.  

   4.6	Subscription License Types.  This section applies only if 
you have obtained a valid Wowza Streaming Engine monthly 
subscription License Key, a valid Wowza Streaming Engine annual 
subscription License Key, or a valid Wowza Streaming Engine daily 
subscription License Key to the Software, or you are otherwise using 
the Wowza Streaming Engine monthly subscription Software, Wowza 
Streaming Engine annual subscription Software, or Wowza 
Streaming Engine daily subscription Software.  In addition to the 
other terms contained herein and in documentation provided by 
Wowza and on the Wowza Website, for each separate, unique, and 
valid Wowza Streaming Engine monthly subscription Software 
License Key, Wowza Streaming Engine Annual subscription License 
Key, or Wowza Streaming Engine Daily Edition Software License 
Key: 

     4.6.1	notwithstanding Section 2 (License Grant), your license to 
the Software allows you to use one (1) or more Instances of the 
Software on one (1) or more Servers; 

     4.6.2	notwithstanding Section 3 (License Restrictions), you 
have the right to lease, sublicense, and rent to another party your 
rights to use the Software, solely for the purposes of use in a 
membership, subscription, or hosted service arrangement, and in any 
event subject to the terms of this EULA; 

     4.6.3	notwithstanding Section 3 (License Restrictions), you 
have the right to provide use of the Software in a third party 
outsourcing facility on a service or service bureau arrangement, or on 
a time-sharing basis, subject to the terms of this EULA; 

     4.6.4	Wowza shall use the Total Number of Instances and Total 
Number of Channels to calculate your annual, monthly, or daily fee, 
as set forth on the Wowza Website and in documentation from 
Wowza.  You shall pay the annual, monthly, or daily fee in U.S. 
dollars according to the payment policies set forth on the Wowza 
Website.  In the event you have obtained a valid Wowza Streaming 
Engine Annual subscription License Key, your annual subscription 
License Key permits you to use a Total Number of Instances up to 
and including the number of "server instances" you obtained and paid 
for; if your Total Number of Instances at any time exceeds the 
number of "server instances" you have obtained and paid for, your 
payment method on file with Wowza will automatically be charged the 
then-current rate for the number of monthly Instances required to 
meet the Total Number of Instances calculated by Wowza for such 
period; you may increase the number of annual "server instances" 
included in your subscription at any time through the "my account" 
section of the Wowza Website.  The annual, monthly, or daily fee 
shall be a net amount, exclusive of all taxes, and is not subject to 
offset or reductions because of any costs, expenses, disputes, or 
liabilities incurred by you or imposed on you;

     4.6.5	Wowza reserves the right to change the annual, monthly, 
and daily fees to be paid by you, as set forth on the Wowza Website, 
at any time without advance notice and in Wowza's sole discretion; 
changes in license fees will be posted on the Wowza Website and 
may additionally be provided to you by email to your Email Address;  

     4.6.6	in the event Wowza does not receive amounts due from 
you to Wowza related to your annual, monthly, or daily subscription(s) 
by the due date for any reason, or your payment is disputed, 
declined, reversed, refused, charged back, or dishonored, Wowza 
shall have the right to immediately terminate your license to the 
Software without further notice to you; 

     4.6.7	in the event any overdue amount owed by you is not paid 
following ten (10) days notice from Wowza to your Email Address, 
then in addition to the amount due, Wowza may impose and you shall 
pay a late payment charge in addition to the overdue amount at the 
rate of one percent (1%) per month on such overdue amount, or the 
highest amount allowable by applicable law, whichever is higher;

     4.6.8	your license to the Software may permit the use of paid 
and free AddOns (which may require additional payment), provided, 
however, that your use of such AddOns shall be additionally 
governed by the applicable provisions herein as if you had been 
issued a separate, unique License Key to such AddOn; 

     4.6.9	Wowza may, in its sole discretion, discontinue or limit the 
supply or availability of the Software at any time; 

     4.6.10	in the event this EULA is terminated for any reason, 
your obligation to pay the annual, monthly, or daily fees accrued prior 
to the date of termination shall survive termination of this EULA; 

     4.6.11	you agree to keep a valid form of payment on file 
with and available to Wowza, in the system or systems dictated by 
Wowza, at all times.  

   4.7	Wowza Transcoder AddOn (1-channel) License.  This 
section applies only if you have obtained a valid Wowza Transcoder 
AddOn (1-channel) License Key to the Software, or are otherwise 
using the Wowza Transcoder AddOn (1-channel) Software.  
Transcoder AddOn (1-channel) License Keys begin with "TRN14".  In 
addition to the other terms contained herein, for each separate, 
unique, and valid Wowza Transcoder AddOn (1-channel) License 
Key: 

     4.7.1	your license to the Wowza Transcoder AddOn (1-
channel) Software is limited to one (1) Instance of the Wowza 
Transcoder AddOn (1-channel) Software on one (1) Server for use 
with no more than one (1) Instance of Wowza Streaming Engine 
Perpetual Edition Software, which shall permit you to transcode no 
more than one (1) Channels;

     4.7.2	you must obtain at least one (1) Wowza Streaming 
Engine Perpetual Edition license to use one (1) or more Wowza 
Transcoder AddOn (1-channel) licenses; and

     4.7.3	you may use more than one (1) Wowza Transcoder 
AddOn (1-channel) license with each Wowza Streaming Engine 
Perpetual Edition Instance.

   4.8	Wowza Transcoder AddOn (Unlimited) License.  This 
section applies only if you have obtained a valid Wowza Transcoder 
AddOn (Unlimited) License Key to the Software, or are otherwise 
using the Wowza Transcoder AddOn (Unlimited) Software.  
Transcoder AddOn (Unlimited) License Keys begin with "TRNU4".  In 
addition to the other terms contained herein, for each separate, 
unique, and valid Wowza Transcoder AddOn (Unlimited) License 
Key: 

     4.8.1	your license to the Wowza Transcoder AddOn (Unlimited) 
Software is limited to one (1) Instance of the Wowza Transcoder 
AddOn (Unlimited) Software on one (1) Server for use with no more 
than one (1) Instance of Wowza Streaming Engine Perpetual Edition 
Software, which shall permit you to transcode an unlimited number of 
Channels; and

     4.8.2	you must obtain at least one (1) Wowza Streaming 
Engine  Perpetual Edition License to use one (1) or more Wowza 
Transcoder AddOn (Unlimited) licenses.

   4.9	Wowza DRM AddOn License.  This section applies only if 
you have obtained a valid Wowza DRM AddOn License Key to the 
Software, or are otherwise using the Wowza DRM AddOn Software.  
DRM AddOn License Keys begin with "DRMA4".  In addition to the 
other terms contained herein, for each separate, unique, and valid 
Wowza DRM AddOn License Key: 

     4.9.1	your license to the Wowza DRM AddOn Software is 
limited to one (1) Instance of the Wowza DRM AddOn Software on 
one (1) Server for use with no more than one (1) Instance of Wowza 
Streaming Engine Perpetual Edition Software; 

     4.9.2	you may not use more than one (1) Wowza Streaming 
Engine Perpetual Edition license with each one (1) Wowza DRM 
AddOn Software license; and 

     4.9.3	you may not use more than one (1) Wowza DRM AddOn 
Software license with a single (1) Wowza Streaming Engine 
Perpetual Edition license. 

   4.10	Wowza nDVR AddOn License.  This section applies only 
if you have obtained a valid Wowza nDVR AddOn License Key to the 
Software, or are otherwise using the Wowza nDVR AddOn Software.  
nDVR AddOn License Keys begin with "DVRA4".  In addition to the 
other terms contained herein, for each separate, unique, and valid 
Wowza nDVR AddOn License Key: 

     4.10.1	your license to the Wowza nDVR AddOn Software 
is limited to one (1) Instance of the Wowza nDVR AddOn Software on 
one (1) Server for use with no more than one (1) Instance of Wowza 
Streaming Engine Perpetual Edition Software; 

     4.10.2	you may not use more than one (1) Wowza 
Streaming Engine Perpetual Edition license with each one (1) Wowza 
nDVR AddOn license; and 

     4.10.3	you may not use more than one (1) Wowza nDVR 
AddOn Software license with a single (1) Wowza Streaming Engine 
Perpetual Edition license. 

  5.	LICENSE KEY INTEGRITY; DATA COLLECTION.  In 
addition to the types of licenses discussed in Section 4, above, 
Wowza offers different types of License Keys.  In general, License 
Keys are either "online" or "offline".  Offline License Keys are defined 
in Section 1.  The type of License Key you obtain from Wowza 
dictates further requirements and restrictions, as described in this 
Section 5.   

   5.1	Non-Offline License Keys. 

     5.1.1	Unless you have an Offline License Key, the Software 
shall periodically call into and connect with hardware, software, or 
other systems designated by Wowza to assist Wowza in validating 
your Software license; you shall permit the Software to do so.  
Information that may be collected by Wowza for this purpose shall 
include, without limitation: (i) the version of Software you are using; 
(ii) a global unique identifier ("GUID") based on such version; (iii) your 
operating system and processor information; (iv) information 
regarding your usage of the Software; (v) your Java version 
information; (vi) whether you are using a particular feature or not; and 
(vii) your AddOn usage, if any.  Wowza will take ordinary care to 
protect information collected pursuant to this Section but may use 
such information in any way and for any purpose, in its sole 
discretion.  

     5.1.2	Unless you have an Offline License Key, in the event the 
Software fails to periodically call into and connect with the hardware, 
software, or other systems designated by Wowza, Wowza shall have 
the right to terminate your license to use the Software without further 
notice to you three (3) days following of the last date of successful 
contact of the Software with the Wowza hardware, software, or 
designated system.

   5.2	Other License Key Types and Data Collection.  
 
     5.2.1	If you have a type of License Key or licensing mechanism 
not specifically described here, that License Key may include 
additional restrictions, limitations, or specifications, in each case as 
provided by Wowza, either on the Wowza Website or by email or 
other notice to you.  You agree to comply with any such additional 
restrictions, limitations, or specifications.
 
     5.2.2	Regardless of the type of Software license or License Key 
you have the Software may periodically call into and connect with 
hardware, software, or other systems designated by Wowza, and 
Wowza may collect, maintain, process, and use diagnostic, technical, 
usage, and related information, including but not limited to information 
about your computer, system, application software, and peripherals, 
along with information about usage of the foregoing.  Such 
information may also be collected in connection with Wowza's 
provision of the Services.  Wowza may use such information to 
facilitate the provision of Software updates and support, verify your 
compliance with this EULA, improve Wowza's products and services, 
or for any other purpose in its sole discretion.

   5.3	License Keys, Generally.  You agree to not take any 
action that is intended or likely to defeat, weaken, or threaten any 
security or License Key integrity measures employed by Wowza, 
including without limitation, measures intended to prevent duplicate, 
pirated, or similar unauthorized License Keys or use of the Software.  
You agree that you are solely and completely responsible for License 
Key abuse related to an Offline License Key issued to you.  

  6.	MAINTENANCE AND SUPPORT.  Wowza offers the 
Services during applicable Services Periods on a per-License Key 
basis.  Additional terms and conditions regarding the Services may 
be posted on the Wowza Website or communicated to you by Wowza 
from time to time. 
 
   6.1	Services Provided Per-License Key.  The Services are 
provided on a per-License Key basis, and not on a per-customer or 
per-company basis.  Each License Key has an individual Services 
Period that begins on the date you obtained such License Key from 
Wowza or purchased an additional Services Period for such License 
Key from Wowza.  You agree to only access or obtain the benefit of 
the Services for the specific License Key(s) provided to Wowza when 
requesting such Services and you agree to not use the Services, 
including Updates and Upgrades, for the benefit of any License Key 
not then entitled to the Services.  

   6.2	Services Periods.  Services are only provided during the 
Services Period.  Services Periods vary by license type.  License 
types are more fully described in Section 4, above.  
 
     6.2.1	The Services Period for Trial, Developer, Testing, and 
Developer Program license type License Keys begin on the date you 
obtain the corresponding License Key from Wowza and end at the 
expiration of such license and License Key.
 
     6.2.2	The Services Period for R&D license type License Keys is 
the Services Period of your perpetual or subscription license type 
License Key.

     6.2.3	The Services Period for subscription license type License 
Keys is the term of such subscription license for the Software.  

     6.2.4	The initial Services Period for perpetual license type 
License Keys is either one (1) or three (3) years from the date you 
obtained a Wowza Streaming Engine Perpetual Edition License Key 
from Wowza, as specified in your purchasing documents. In order to 
obtain the Services beyond the initial Services Period, you must 
purchase additional Services Period(s) from Wowza.  In the event of 
any ambiguity, the Services Period for all perpetual type License 
Keys shall be deemed to be one (1) year from the date you obtained 
a Wowza Streaming Engine Perpetual Edition License Key from 
Wowza.  

     6.2.5	If you obtained your Software, License Key, or both from 
a party other than Wowza (such as a Wowza authorized reseller or 
OEM partner), your Services Period may differ from those described 
herein.       

   6.3	The Services.  Subject to the terms of this EULA and 
other terms and conditions on the Wowza Website and provided to 
you from time to time, Wowza will provide the Services to you during 
the Services Period for each individual License Key.  
 
     6.3.1	Wowza will not provide Services related to: (i) prior 
versions of the Software; (ii) improper installation or use of the 
Software; (iii) software or other products or services not offered, 
licensed, and provided to you by Wowza, and the implementation or 
use of the Software with any of the foregoing; (iv) modified code; (v) 
other things not specifically described herein as within the scope of 
the Services.  
 
     6.3.2	In the event a Services Period expires for a given License 
Key and you elect to not purchase additional Services Periods but 
later wish to receive Services from Wowza related to such License 
Key, Wowza may, in its sole discretion, require you to purchase 
Services Periods retroactively to the date on which the relevant 
Services Period previously lapsed, pay a reinstatement fee, or both.

     6.3.3	Wowza may suspend or terminate the Services without 
owing a refund to you if your use of the Services is determined by 
Wowza, in its sole and reasonable discretion, to be excessive or 
improper.  

     6.3.4	The Services will be provided within the timeframes 
described on the Wowza Website or in other documentation provided 
by Wowza.  No failure to meet a timeframe to provide Services shall 
be deemed a breach of this EULA or any obligation of Wowza.   

7.	INTELLECTUAL PROPERTY RIGHTS; CONFIDENTIALITY. 

   7.1	License Keys and Software are valuable trade secrets 
and the confidential and proprietary information of Wowza. 

   7.2	The Software and any copies thereof are the exclusive 
intellectual property of Wowza and protected by copyright laws and 
international treaties as well as other intellectual property laws and 
treaties.  The structure and organization of the Software, along with 
its source code and object code, are confidential information and 
valuable trade secrets of Wowza.  You agree that any disclosure by 
you of Wowza's confidential information will cause immediate, 
irreparable harm to Wowza for which a court of competent jurisdiction 
may award equitable remedies, as well as any other available legal 
remedies.  Except as expressly stated herein, Wowza does not grant 
you any intellectual property rights in or to the Software.  Wowza 
reserves all rights not expressly granted herein. 

   7.3	You hereby agree to maintain the confidentiality of the 
Software, License Keys, and other intellectual property of Wowza 
using your best efforts, and in no case less than reasonably prudent 
care for extremely sensitive and proprietary confidential information.  
You agree to reasonably communicate the terms and conditions of 
this EULA to those persons employed or engaged by you, or who 
otherwise come into contact with the Software, License Keys, and 
other intellectual property of Wowza, and to use best efforts to ensure 
their compliance with the terms and conditions of this Section 7, 
including, without limitation, not permitting such persons to use any 
portion of the Software, License Keys, and other intellectual property 
of Wowza for the purpose of deriving the source code of the Software 
or copying, defeating, or otherwise circumventing License Key codes. 

   7.4	You are granted no right, title, license to, or interest in the 
Wowza Trademarks or the copyrights owned by Wowza, and you 
hereby agree to not use the Wowza Trademarks without Wowza's 
prior written consent.  Notwithstanding the foregoing, you agree that 
any use of the Wowza Trademarks, whether permitted or otherwise, 
shall inure to the sole benefit of Wowza.  You agree to not: (i) file or 
prepare any application for registration of any of the Wowza 
Trademarks; (ii) assert any right, title, license to, or interest in the 
Wowza Trademarks; (iii) adopt, use, file for registration, or register 
any trademark, service mark, trade name, logo, or domain name 
which may be, in Wowza's sole discretion, either an infringement of a 
Wowza Trademark or Wowza domain name, or may result in a 
likelihood of confusion with a Wowza Trademark or Wowza domain 
name; or (iv) encourage, assist, or permit any other person or entity 
to do anything prohibited by this Section.  Notwithstanding the 
foregoing, you are permitted to identify the Software as "Wowza 
Streaming Engine" and to identify the source of the Software as 
"Wowza" or "Wowza Media Systems."  Please contact 
sales@wowza.com if you are interested in obtaining additional rights 
related to Wowza Trademarks.

   7.5	You agree that Wowza may use your name, organization 
name, logos, and other identifying information to identify you as a 
Wowza customer in marketing and similar efforts, such as marketing 
collateral, trade show signage, and website content.  You agree that 
such use of your name shall be without royalty or other obligation to 
you by Wowza. 

   7.6	From time to time you may provide Wowza with feedback, 
suggestions, or ideas for changes to the Software (collectively, 
"Ideas").  Regardless of how Wowza receives or becomes aware of 
them, all Ideas are the exclusive property of Wowza, are confidential 
information, and may be used in any manner and for any purpose by 
Wowza without obligation of any kind to you.     


8.	TERMINATION. 

   8.1	Termination.  Wowza may terminate this EULA 
immediately and without notice if you fail to comply with any term of 
this EULA or fail to timely pay any amounts due Wowza.  Unless you 
have a Wowza Streaming Engine Perpetual Edition license, Wowza 
may terminate this EULA for any reason or no reason upon thirty (30) 
days advance notice to your Email Address.   

   8.2	Effect of Termination.  In the event of termination, you 
must immediately and completely cease using the Software in any 
way, and destroy all copies of the Software and License Keys in your 
possession or under your control licensed under this EULA.  In 
addition, you must remove the Software and all copies thereof, 
including all backup copies, from all Servers, computers, and other 
media on which it is installed, stored, or archived.  If requested by 
Wowza, you shall provide Wowza with written certification that you 
have complied with these requirements within three (3) business days 
of such request.

9.	INDEMNIFICATION BY YOU.  

   9.1	Generally.  You will indemnify, defend, and hold harmless 
Wowza and its affiliates, and each of their respective officers, 
directors, shareholders, unitholders, members, employees, agents, 
advisors, and representatives (collectively, the "Indemnified Parties") 
against all liabilities, obligations, losses, costs, damages, and other 
expenses and attorneys' fees (collectively, "Indemnified Costs") 
arising out of or relating to your breach of this EULA or any other of 
your acts, omissions, or representations.  Without limiting the 
foregoing, your indemnification under this paragraph shall include, 
without limitation, indemnification for Indemnified Costs incurred by 
the Indemnified Parties caused by or related to: (i) the Content; (ii) 
your violation of applicable law or regulation; or (iii) your provision of 
services to any third party utilizing the Software; (iv) any Claims 
alleging that Wowza is liable as a fiduciary; and (v) any failure to pay 
required taxes or other amounts due to third parties related to the 
Software or this EULA. 
 
   9.2	Intellectual Property Indemnification.  You will indemnify, 
defend, and hold harmless the Indemnified Parties against all 
Indemnified Costs arising out of or relating to a claim that any of the 
following infringes any patent, trademark, copyright, trade secret, or 
other IP right: (i) your modification of the Software; (ii) your use of the 
Software in combination with any products or services not provided 
by Wowza; (iii) your use of a version of the Software other than the 
most current or immediately preceding version; (iv) information, 
design, specification, instruction or other material provided by you; or 
(v) your use of the Software other than in accordance with this EULA 
and other applicable documentation, instructions, and information 
provided by Wowza or its representatives.  

10.	LIMITED WARRANTY AND LIMITATION OF LIABILITY. 

   10.1	Limited Warranty.  Wowza warrants that the Software will 
substantially conform to the description contained in the applicable 
end user documentation for a period of 90 days after the earlier of the 
date Wowza issues the License Key or the date you downloaded the 
Software.  EXCEPT FOR THE PRECEDING EXPRESS LIMITED 
WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY 
APPLICABLE LAW, WOWZA PROVIDES THE SOFTWARE AND 
SERVICES WITHOUT ANY WARRANTIES OF ANY KIND, 
EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER 
PROVISION OF THIS EULA OR COMMUNICATION WITH YOU, 
AND WOWZA SPECIFICALLY DISCLAIMS ANY IMPLIED 
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A 
PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  WOWZA 
DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES 
WILL MEET YOUR NEEDS OR THAT THE SOFTWARE OR 
SERVICES WILL BE OR PROVIDE FOR ERROR FREE 
OPERATION OR OPERATION WITHOUT INTERRUPTION.  IN THE 
EVENT YOU OBTAINED THIS LICENSE FROM A RESELLER, 
DISTRIBUTOR, OR OTHER THIRD PARTY, WOWZA SHALL HAVE 
NO OBLIGATION TO YOU UNDER ANY WARRANTY GIVEN BY 
SUCH RESELLER, DISTRIBUTOR, OR THIRD PARTY, OR THEIR 
RESPECTIVE AGENTS OR EMPLOYEES.  
 
     10.1.1	The exclusive remedy for breach of the preceding 
warranty with regard to the Software is, at Wowza's sole discretion 
and subject to Wowza's limitation of liability, to either: (i) repair the 
Software; (ii) replace the Software; or (iii) terminate the license to the 
Software granted to you and provide you with a pro-rata refund the 
fees paid by you for the Software for the period of time, if any, that 
you were prevented from using the Software.  
 
     10.1.2	The exclusive remedy for breach of any warranty 
with regard to the Services is, subject to Wowza's limitation of liability, 
to re-perform the Services in a commercially reasonable manner.     

   10.2	Limitation of Liability.  

     10.2.1	TO THE MAXIMUM EXTENT PERMITTED BY 
APPLICABLE LAW, IN NO EVENT WILL WOWZA BE LIABLE FOR 
ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF 
USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY 
OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL 
DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER 
BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT 
LIABILITY, OR OTHERWISE RELATED TO THE SOFTWARE, 
SERVICES, OR OTHER SUBJECT MATTER HEREOF.  BECAUSE 
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR 
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR 
INCIDENTAL DAMAGES, THE PRECEDING LIMITATION MAY NOT 
APPLY TO YOU. 
 
     10.2.2	WOWZA'S LIABILITY UNDER THIS EULA WILL 
NOT, IN ANY EVENT, EXCEED THE FEES, IF ANY, PAID BY YOU 
FOR THE SOFTWARE AND SERVICES LICENSED TO YOU 
UNDER THIS EULA. THE FOREGOING LIMITATIONS SHALL 
APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE 
LAW, REGARDLESS OF WHETHER WOWZA HAS BEEN ADVISED 
OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS 
OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL 
PURPOSE.  YOU AND WOWZA AGREE THAT, GIVEN THE PRICE 
OF THE SOFTWARE AND THE NATURE OF THE 
CIRCUMSTANCES, THE PRECEDING LIMITATIONS ARE FAIR 
AND REASONABLE.

11.	TAXES.

   11.1	You shall be solely responsible for, and shall pay directly, 
all taxes, duties, and charges incurred related to this EULA or the 
Software or Services, including, without limitation, sales and use 
taxes, withholding taxes, duties and charges imposed by federal, 
state or local governmental authorities in the United States or 
elsewhere.  This Section 11.1 shall not apply to taxes levied against 
the income or capital of Wowza or upon Wowza as employer of 
Wowza's employees.

   11.2	You shall collect, report, and pay to the relevant taxing 
authority, and indemnify Wowza for, any liability relating to applicable 
excise, property, sales and use, value-added (VAT), or similar taxes, 
along with any withholding requirement in addition to or in lieu 
thereof, and any customs, import, export or other duties, levies, 
tariffs, taxes, or other similar charges that are imposed by any 
jurisdiction for any and all services provided to any third party as 
permitted by this EULA.

12.	GENERAL. 

   12.1	Entire Agreement.  This EULA, including the Additional 
Terms, sets forth Wowza's entire liability and your exclusive remedy 
with respect to the Software, Services, and other subject matter 
hereof, and supersedes the terms of any purchase orders and any 
other communications or advertising with respect to the Software, 
Services, and other subject matter hereof.  You acknowledge that this 
EULA, including Additional Terms, is a complete statement of the 
agreement between you and Wowza with respect to the Software, 
Services, and other subject matter hereof, and that there are no other 
prior or contemporaneous understandings, promises, 
representations, or descriptions with respect to the Software, 
Services, and other subject matter hereof.  Additional Terms 
referenced herein are deemed incorporated herein by reference.  
ANY PURCHASE ORDER OR OTHER DOCUMENT PROVIDED BY 
OR RECEIVED FROM YOU SHALL BE FOR YOUR INTERNAL USE 
ONLY AND SHALL NOT BE APPLICABLE TO WOWZA NOR SHALL 
IT MODIFY THE TERMS OF THIS EULA OR GOVERN YOUR USE 
OF THE SOFTWARE.  WOWZA REJECTS ANY TERMS 
CONTAINED IN PURCHASE ORDERS OR SIMILAR DOCUMENTS. 

   12.2	Headings and Interpretation.  Headings under this EULA 
are intended only for convenience and shall not affect the 
interpretation of this EULA.  References herein to the singular include 
the plural, and vice versa.  Wowza and You agree that, if an 
ambiguity or question of intent or meaning arises with respect to any 
provision of this EULA, this EULA will be construed as being drafted 
jointly by Wowza and you, and no presumption or burden of proof will 
arise favoring or disfavoring either party by virtue of authorship of any 
of the provisions of this EULA.

   12.3	Waiver and Modification.  No failure of either party to 
exercise or enforce any of its rights under this EULA will act as a 
waiver of those rights.  Wowza may modify this EULA from time to 
time by one of three methods: (i) posting the changes on the Wowza 
Website; (ii) providing notice of such changes to your Email Address; 
or (iii) signing a written agreement with you specifying changes to this 
EULA.  You agree to be bound by such changes if you continue using 
the Software following the effective date of any such change to this 
EULA.  Changes to this EULA are effective upon the earlier of: (i) 
Wowza posting notice of such changes on the Wowza Website; (ii) 
Wowza providing notice to your Email Address of such changes; or 
(iii) the signing of a written amendment modifying this EULA by both 
you and Wowza.  Other than as provided in this Section 12.3, this 
EULA may only be modified, or any rights under it waived, by a 
written document executed by the party against which it is asserted. 

   12.4	Supersession.  This EULA, Additional Terms, or both may 
be superseded by a subsequent version of this EULA or Additional 
Terms, as the case may be.  Such supersession may occur if you 
download, install, or use Software or Software upgrades or updates.  
This EULA supersedes prior EULA versions under which the 
Software was licensed to you.   

   12.5	Assignment.  You may not assign this EULA or any 
interest in this EULA without the prior written approval of Wowza.

   12.6	Notices.  Notices required by or related to this EULA from 
you must be sent via U.S. Mail or reputable overnight carrier, return 
receipt requested, to the attention of "Legal Department" at Wowza's 
then-current mailing address, which is presently 523 Park Point Drive, 
Suite 300, Golden, Colorado 80401 USA, with a copy by electronic 
mail to LegalNotices@wowza.com.  Wowza may provide notices 
required by or related to this EULA to you at your Email Address.  

   12.7	Severability.  If a provision of this EULA is found illegal or 
unenforceable, it will be enforced to the maximum extent permissible, 
and the legality and enforceability of the other provisions of this EULA 
will not be affected. 

   12.8	Relationship of You and Wowza.  This EULA shall not be 
construed to create any employment, partnership, joint venture, 
franchise, or agency relationship between you and Wowza, or to 
authorize either party to enter into any commitment or agreement 
binding on the other party. 

   12.9	No Responsibility for Content.  You acknowledge and 
understand that the Content is entirely your responsibility.  You 
acknowledge, agree, and agree to assert and acknowledge in legal 
proceedings that Wowza exercises no control whatsoever over the 
Content and that Wowza will not be liable for Content. 

   12.10	Representations.  You represent and warrant that you are 
authorized to enter into this EULA and comply with its terms, and are 
of legal age to do the same.  Furthermore, you represent and warrant 
that you will at all times meet your obligations hereunder, and comply 
with all laws, regulations, and policies that apply to use of the 
Software.  If you are entering into this EULA on behalf of an entity or 
organization, you represent and warrant that you have full authority to 
do so and to bind that entity or organization.   

   12.11	Force Majeure.  Neither party shall be in default by 
reason of any failure in performance of this EULA, except for an 
obligation to pay money, if such failure arises, directly or indirectly, 
out of causes reasonably beyond the direct control or foreseeability of 
such party, including but not limited to, default by subcontractors or 
suppliers, acts of God or of the public enemy, terrorist act, United 
States of foreign governmental acts in either a sovereign or 
contractual capacity, fire, flood, epidemic, restriction, strikes, or 
freight embargos.  

   12.12	Governing Law. This EULA will be governed by the laws 
of the State of New York, without regard to its choice of law 
principles.  Except as provided in the following Section 12.13, you 
and Wowza hereby agree to submit to the exclusive jurisdiction and 
venue of the United States Federal District Court for the Southern 
District of New York for any dispute arising out of or related to this 
EULA or any of the subject matter hereof.  The United Nations 
Convention for the International Sale of Goods shall not apply to this 
EULA or the Software.  

   12.13	ARBITRATION FOR NON-U.S. LICENSEES.  IF YOU 
RESIDE (IF YOU ARE AN INDIVIDUAL) OR ARE DOMICILED (IF 
YOU ARE ENTERING INTO THIS EULA ON BEHALF OF AN 
ENTITY) OUTSIDE OF THE UNITED STATES, ANY CLAIM OR 
DISPUTE BROUGHT BY YOU AND ARISING OUT OF OR 
RELATED TO THIS EULA OR THE SOFTWARE SHALL BE 
SUBMITTED TO BINDING ARBITRATION IN NEW YORK, NEW 
YORK, USA UNLESS WOWZA AGREES IN WRITING TO WAIVE 
SUCH REQUIREMENT.  Such arbitration shall be before an 
arbitrator-member of the American Arbitration Association ("AAA") to 
be mutually agreed to by the parties, or, in the event the parties 
cannot agree on a single such arbitrator-member, to a panel of three 
arbitrator-members selected in accordance with the rules of the AAA.  
The dispute shall be settled in accordance with the 
Commercial Arbitration Rules of the AAA and the decision of the 
arbitrator(s) shall be final and binding upon the parties and judgment 
may be obtained thereon in a court of competent jurisdiction.  The 
prevailing party shall be entitled to recover from the other party the 
fees and expenses of the arbitration as well as reasonable attorneys' 
fees, costs and expenses incurred by the prevailing party.  The 
Convention on the Recognition and Enforcement of Foreign Arbitral 
Awards shall apply to this EULA if you reside or are domiciled outside 
of the United States.   

   12.14	Contact Information.  If you have any questions about this 
EULA, please contact Wowza at info@wowza.com.  

   12.15	Survival of Terms.  The following terms shall survive 
termination of this EULA: Section 1 (Definitions); Section 2 (License 
Grants; Title; Usage by Third Parties); Section 3 (Licensee 
Restrictions); Section 4 License Types and Additional Licensee 
Restrictions); Section 5 (License Key Integrity; Data Collection); 
Section 6 (Maintenance and Support); Section 7 (Intellectual Property 
Rights); Section 8 (Termination); Section 9 (Indemnification by You); 
Section 10 (Limited Warranty and Limitation of Liability); and Section 
12 (General).  

13.	NOTICE TO U.S. GOVERNMENT END USERS. 

   13.1	Commercial Items.  The Software, including all related 
documentation, are "Commercial Item(s)," as that term is defined at 
48 C.F.R. Section 2.101, consisting of "Commercial Computer 
Software" and "Commercial Computer Software Documentation," as 
such terms are used in 48 C.F.R. Section 12.212 or 48 C.F.R. 
Section 227.7202, as applicable. Consistent with 48 C.F.R. Section 
12.212 or 48 C.F.R. Sections 227.7202-1 through 227.7202-4, as 
applicable, the Commercial Computer Software and Commercial 
Computer Software Documentation are being licensed to U.S. 
Government end users (i) only as Commercial Items; and (ii) with 
only those rights as are granted to all other end users pursuant to the 
terms and conditions herein. Unpublished-rights reserved under the 
copyright laws of the United States.  

   13.2	U.S. Government Licensing of Wowza Software.  You 
agree that when licensing the Software for acquisition by the U.S. 
Government, or any contractor therefore, you will license consistent 
with the policies set forth in 48 C.F.R. Section 12.212 (for civilian 
agencies) and 48 C.F.R. Sections 227-7202-1 and 227-7202-4 (for 
the Department of Defense). For U.S. Government End Users, 
Wowza agrees to comply with all applicable equal opportunity laws 
including, if appropriate, the provisions of Executive Order 11246, as 
amended, Section 402 of the Vietnam Era Veterans Readjustment 
Assistance Act of 1974 (38 USC 4212), and Section 503 of the 
Rehabilitation Act of 1973, as amended, and the regulations at 41 
CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative 
action clause and regulations contained in the preceding sentence 
shall be incorporated by reference in this Agreement.

Wowza Streaming Engine 4 EULA (20161110)