End-User License Agreement

MATERIALS AVAILABLE ON THIS WEB SITE

Any software, documentation and other materials made available for download from Avistar.com (hereinafter, together, “Materials”) are the copyrighted work of Avistar and/or its suppliers. Use of the Materials is governed by the terms of the below End User License Agreement (EULA). A user should not download the Materials unless that user has read and agrees to the EULA terms

Any reproduction or redistribution of the Materials not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MATERIALS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE EULA.

THE MATERIALS ARE WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE EULA. EXCEPT AS WARRANTED IN THE EULA, AVISTAR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE MATERIALS, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

ALTHOUGH AVISTAR TAKES REASONABLE MEAURES TO PREVENT THE SPREAD OF COMPUTER VIRUSES, ALL DOWNLOADS BY YOU ARE AT YOUR OWN RISK. USERS ARE CAUTIONED TO USE VIRUS PROTECTION SOFTWARE WHEN DOWNLOADING FILES OFF THIS OR ANY OTHER WEBSITE.

End User License Agreement (“EULA”) for Avistar Software and Copyright Notice

This End User License Agreement (“Agreement”) sets forth the license terms and conditions applicable to any use by you (“Licensee”) of the Avistar Software.

1. Definitions

“Avistar Software” shall mean Avistar’s software products, and other software products owned by Avistar’s suppliers from whom Avistar has obtained the licensing, resale and support rights. Software includes object code and user or technical documentation, and all new releases, changes, improvements, updates, bug fixes, or other modifications thereto delivered to Licensee, if any. Where applicable, Licensee shall comply with any user, server or end point restrictions noted to Licensee. Shrinkwrap software shall be excluded from the license terms of this Agreement and shall be subject to the terms and conditions of the applicable shrinkwrap agreement package in which the software is contained. “Territory” shall mean only the country or countries for which the Avistar Software has been purchased by Licensee.

2. Grant of License

Avistar hereby grants to Licensee a limited, non-transferable and non-exclusive license to use the Avistar Software in the Territory for Licensee’s own internal use. Certain 3rd party software licenses subject to Avistar Copyright Notice. Avistar reserves all rights and licenses not expressly granted to Licensee.

3. No Modifications or Reverse Engineering and No Sublicense

Except as authorized in writing by Avistar, Licensee agrees not to decompile or reverse engineer the Avistar Software or otherwise attempt to reconstruct or discover any source code or underlying algorithms of the Avistar Software and shall not modify or change the Avistar Software in any manner. This Agreement does not authorize Licensee to sublicense, rent, loan, adapt, resell, distribute or time-share the Avistar Software.

5. Proprietary Rights

Licensee shall not be an owner of any of the Avistar Software but rather, is licensed to use the Avistar Software as part of the Avistar Software pursuant to this Agreement. Licensee acknowledges and agrees that all rights, title and interest in the Avistar Software, any modification, enhancement or derivative work, thereto, and any copy thereof, including, without limitation, all patent, copyright, trademark, trade secret and all other intellectual property rights therein and thereto (“Avistar IP”), shall be and remain in Avistar and/or its applicable supplier(s) whether or not such information and/or Avistar Software contains copyright or confidential markings or notices. Licensee shall not remove any trademark, copyright or other proprietary notices on or in any portion of the Avistar Software as delivered to Licensee, and shall reproduce such notices on any copies of such materials made by Licensee. Notwithstanding the foregoing, Avistar shall have no rights in Licensee’s software products build without using Avistar IP or which is built on pre-existing intellectual property of Licensee without use of Avistar IP.

6. Confidentiality

Licensee acknowledges the Avistar Software is proprietary and confidential to Avistar and shall be used only for the purposes set forth in this Agreement. Licensee shall be fully responsible to Avistar for the conduct of all its employees, contractors, agents and representatives who may in any way breach this Agreement. Confidential information of either party shall be maintained in accordance with the non-disclosure agreement previously executed between the parties.

7. Warranty and Liability

NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY, AVISTAR MAKES NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE TO LICENSEE, AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. AVISTAR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES ARISING FROM USE OF THE AVISTAR SOFTWARE OR RELATED MATERIALS. IN NO EVENT SHALL AVISTAR’S LIABILITY UNDER THIS AGREEMENT EXCEED THE GREATER OF (I) THE PRICE PAID FOR THE PRODUCTS USING FIVE YEAR STRAIGHT LINE DEPRECIATION OR $100. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

8. Termination

Avistar shall have the right to terminate this Agreement in the event of a material breach, by Licensee, of the above terms. In such event, Licensee must destroy all copies of the Software and all of its component parts. The provisions of Section 5 (“Proprietary Rights”), Section 6 (“Confidentiality”), and Section 9 (“General”) shall survive any termination or expiration of this Agreement.

9. General

This Agreement shall be governed by and construed under the laws of the State of California and the United States of America without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention on Contracts for the International Sale of Goods.

LICENSEE UNDERSTANDS AND AGREES THAT ANY USE OF THE AVISTAR SOFTWARE SHALL BE IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS END-USER LICENSE AGREEMENT.

COPYRIGHT NOTICE: The Avistar Software and/or documentation (“Software”) is the copyrighted material of Avistar Communications Corporation, © 1994-2010. The Software may also contain copyrighted materials licensed to Avistar by (i) Paradial AS © 2008 — 2009; (ii) Vanguard Software Solutions Inc. © 1995-2009; (iii) Nalperion Inc., © 2008 — 2009; and (iv) Intel Corporation © 2007 — 2009. Use of the Software is subject to the terms of the applicable End User License Agreement (“EULA”) included with the Software. All rights reserved. Avistar, the Avistar logos, Avistar Systems, AvistarVOS, Avistar C3, Avistar C3 Communicator, Avistar C3 Unified, Avistar C3 Desktop, Avistar C3 Integrator, Avistar C3 Conference, Avistar C3 Tunnel Server, Avistar C3 Connect, Avistar C3 Command, Avistar C3 Media Engine, vBrief, Shareboard, and World on the Desktop are trademarks or registered trademarks of Avistar Communications Corporation. All other names used are the trademarks of their respective owners.

Avistar’s products are manufactured under the certain US and International patents a complete list of which can be view at: . Other pending published patent applications maybe relevant. Portions of the Avistar products are manufactured under the AVC Patent Portfolio license and are licensed for the personal and non-commercial use of a consumer (End User) to (i) encode video in complicane with the AVC Standard (“AVC Video”) and/or (ii) decode AVC Video that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a video provider licensed to provide AVC Video. No license is granted or shall be implied for any other use. Additional information may be obtained from MPEG LA, L.L.C. See http://www.mpegla.com.

In addition, portions of the Software may contain copyrighted material (“Freeware”) of the following copyright holders and their contributors (“Copyright Holders”): the RSA Data Security, Inc. MD5 Message-Digest Algorithm; Apache Software Foundation () – © 1999-2000 The Apache Software Foundation; Computing Services at Carnegie Mellon University () – © 2001 Carnegie Mellon University; OpenLDAP Foundation – © 1998-2003 The OpenLDAP Foundation; © 1996, 1998-2000 The Regents of the University of California © 2001-2003, Networks Associates Technology, Inc.; © 2001-2003, Cambridge Broadband Ltd.; © 2003 Sun Microsystems, Inc., 4150 Network Circle, Santa Clara, California 95054, U.S.A.; © 2003-2006, Sparta, Inc.; © 2004, Cisco, Inc and Information Network Center of Beijing University of Posts and Telecommunications; © Fabasoft R&D Software GmbH & Co KG, 2003 oss@fabasoft.com, Author: Bernhard Penz; ©2006, Yahoo! Inc.; © 1998 by the Massachusetts Institute of Technology; © 1996 – 2008, Daniel Stenberg, ; © 1998, 1999, 2000 Thai Open Source Software Center Ltd and Clark Cooper; © 2001, 2002, 2003, 2004, 2005, 2006 Expat maintainers; Boost Software License – Version 1.0 – August 17th, 2003 (www.boost.org); 1998-2008 The OpenSSL Project; ©1998, 1999, 2000 Thai Open Source Software Center Ltd and Clark Cooper; © 2001, 2002, 2003, 2004, 2005, 2006 Expat maintainers; ©1998-2008 The OpenSSL Project; © 2002-2003, Jean-Marc Valin/Xiph.Org Foundation; © Microsoft Corporation.

Permission is hereby granted by the Copyright Holders, free of charge, to any person obtaining a copy of Software to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to strict adherence to the following conditions:

(i) The above copyright notice, listing each Copyright Holder, and this permission notice along with the disclaimer notice in (iii) below shall be included in all copies or substantial portions of the Freeware.

(ii) The Freeware is provided by the Copyright Holders “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR PERFORMANCE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

(iii) Disclaimer Notice – Redistribution and use of this software in source and binary forms, with or without modification, is permitted provided that the following conditions are met:

* Redistributions must retain the above copyright notice, the below list of conditions and disclaimers in all copies.

* The name of the Copyright Holders may not be used to endorse or promote products derived from this software without specific prior written permission of the Copyright Holders.

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