Prism iis a free video conferencing server based on Cornell Univ, CUSeeMe            technology which was freely distributed and developed with National Science Foundation funding.

 
 

     

This is first generation version software. It is under active development.The main files you need is the WwWwVB.exe and the DLLwwww.dll which needs to be in the same directoy  as the executable and support files. 

 

IMPORTANT-READ CAREFULLY: Please read this PRISM video server Development Resources End-User License Agreement ("EULA") carefully and be sure you understand it. This EULA is a legal agreement between you (an individual or single entity) and Prism development ("Prism Video Networks"). By clicking on the "I ACCEPT" button below, or by downloading, accessing or using any part of the Development Resources, you acknowledge that you have read this EULA, that you understand it, and that you agree to be legally bound by its terms and conditions. If you do not agree to the terms of this EULA, you may not install or use any of the Development Resources.

If you or your employer has entered into a separate agreement with Prism Video Networks residing at http://www.mivideo.net/prism permitting you to use the Development Resources, that agreement will govern your use of all Development Resources to which it relates.

1. Definitions.

1.1 "API" means application programming interface. APIs for the Prism Platform are designated either as "preview" or "release" APIs.

1.2 "Development Resources" means any development resources for the Prism  Platform provided to you by Prism Video Networks (whether as part of a Prism  Developer Pack, Prism  Development Kit or otherwise), including, without limitation, any computer software, utilities, printed material, online or electronic documentation, Sample Code, or Redistributable Components, as well as all updates or upgrades to any of the foregoing for which Prism Video Networks does not require you to accept the terms of a separate agreement.

1.3 "Prism Client Software" means any version the Prism  Internet communication and collaboration software application (including its instant messaging and tray icon functionality), which provides local, system-level functionality for use of the Prism  Platform.

1.4 "Prism Platform" means the client software (including the Prism  Client Software), server software and client-based or server-based services developed and/or offered by Prism Video Networks that together serve as a foundation for development of software applications and components that people and/or machines may use to communicate, interact and share or exchange data over the Internet, LANs, WANs, and other computer networks.

1.5 "Redistributable Code" means the redistributable computer code, if any, included in the Development Resources and described in a text file labeled \LICENSE\DISTRIB.TXT.

1.6 "Redistributable Components" means Redistributable Code and/or Sample Code.

1.7 "Restricted Software" means software which is licensed pursuant to terms that create or purport to create obligations of Prism Video Networks with respect to any of the Development Resources or the Prism Platform, or grant or purport to grant to any third party any rights or immunities with respect to the intellectual property or proprietary rights of Prism Video Networks. By way of example and not limitation, Restricted Software includes (a) software that requires, as a condition of its use, modification and/or distribution, that a Solution be disclosed or distributed in source code form, be licensed for the purpose of making derivative works, or be redistributable at no charge; and (b) software licensed or distributed under any of the following licenses or distribution models, or licenses or distribution models similar to any of the following: GNU is General Public License (GPL) or Lesser/Library GPL (LGPL); The Artistic License (e.g., PERL); the Mozilla Public License; the Netscape Public License; the Sun Community Source License (SCSL); and the Sun Industry Standards License (SISL).

1.8 "Sample Code" means the sample source code, if any, included in the Development Resources and identified as such.

1.9 "Skin" means a collection of one or more bitmaps and audio files for the Prism Client Software that, among other things, provides a user interface for the Standard Functional Elements.

1.10 "Solution" means a software component, application, or service, developed by you, that supplements or extends the functionality of the Prism Platform, or that interoperates with it or integrates it with other software or systems.

1.11 "Standard Functional Elements" means the Prism  Client Software’s menu command container, toolbar command container, member awareness panel, a push-to-talk control (including lock, options menu, and volume controls), and text chat pane.

1.12 "Trademark Usage Policy" means the document accessible through Prism Video Networks Web site (at www.mivideo.net/prism ) that establishes certain terms and conditions related to branding of Solutions, as this document may be amended from time to time.

2. Ownership. The Development Resources are licensed, not sold. You acknowledge that the Development Resources and the Prism Platform (including any changes to it that you may request or suggest) is the property of Prism Video Networks and/or its licensors. Title to the Development Resources, each copy of them, and all intellectual property rights embodied in or represented by them will remain with Prism Video Networks and/or its licensors at all times, as will all other rights not explicitly granted to you under this EULA.

3. License Grant. Prism grants you the following rights, provided you comply with all of the terms and conditions of this EULA:

3.1 Internal Use of Development Resources. You may install an unlimited number of copies of the Development Resources on computers residing on your premises and use them to design, develop and test Solutions. All contents of the Development Resources other than the Redistributable Components are made available to you for internal use only, without right of distribution.

3.2 Sample Code. You may modify (i.e., enhance the functionality of) the Sample Code to design, develop and test Solutions. You may also reproduce and distribute the Sample Code in object code form along with any modifications you make to the Sample Code, provided you comply with the distribution terms described below in Section 3.3.

3.3 Distribution Terms. You may reproduce and distribute an unlimited number of copies of the Redistributable Components in object code form, provided that (a) you distribute the Redistributable Components only in conjunction with and as a part of a Solution; (b) the Solution adds significant and primary functionality to the Redistributable Components; (c) you distribute the Solution pursuant to an end-user license agreement (which may be "break-the-seal", "click-wrap" or signed), with terms no less protective of the Redistributable Components than those contained in this EULA; (d) you do not permit further redistribution of the Redistributable Components by your end-users; (e) you do not incorporate Redistributable Components (or any permitted derivative work thereof) into, or combine or distribute them in conjunction with, Restricted Software; (f) you indemnify, defend, and hold Prism Video Networks harmless from and against any claims or lawsuits, including attorneys' fees, that arise or result from the use or distribution of the Solution; (g) you include a valid copyright notice on your Solution; (h) you do not use Prism Video Networks name, logos, or trademarks in connection with the Solution, except that you must place the following copyright notice in one or more conspicuous place(s) in the Solution (e.g., in the Solutions  About box or near Participantis own copyright notice): "Portions (c) [insert year(s) of distribution of the Solution] Prism Video Networks, Inc."; and (i) you comply with any other terms and conditions for use of Redistributable Components that may be set forth in the Development Resources. Contact Prism Video Networks for the applicable licensing terms for all other uses and/or distribution of Redistributable Components.

3.4 U.S. Government CUSTOMERS AND end users. The Development Resources are "commercial items" as defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation." Notwithstanding anything to the contrary in this EULA, the U.S. Government sometimes makes certain minimum rights of use, reproduction, and disclosure a condition of its purchase or acquisition of commercial software. Accordingly:

(i) GSA Supply Schedule Acquisitions. For government purchases or acquisitions through a GSA Supply Schedule contract, use, reproduction, and disclosure of the Development Resources are subject to restrictions set forth (in March 2002) in d 8 of GSAis "Terms and Conditions Applicable to . . . [SINs] 132-32 . . ., 132-33 . . . and 132-34 . . .."

(ii) FAR Acquisitions. For government purchases or acquisitions under the authority of Federal Acquisition Regulation ("FAR") Part 12, the rights of use, reproduction, and disclosure are only as stated in Sections 3 and 4 of this EULA.

(iii) DOD Acquisitions. For government purchases or acquisitions by the Department of Defense, the rights of use, reproduction, and disclosure are only as stated in Section 3 and 4 of this EULA, per DFARS 227.7202-3(a).

(iv) RESTRICTED RIGHTS NOTICE (JUN 1987). For all other government purchases or acquisitions (that is, under authority other than a GSA Supply Schedule contract, FAR Part 12, or the DFARS), the Software is submitted with restricted rights under FAR 52.227-14 Alt. III. It may not be used, reproduced, or disclosed by the government except as provided in paragraph (b) of FAR 52.227-14 Alt. III or as otherwise expressly stated in Sections 3 and 4 of this EULA.

4. Restrictions and Obligations.

4.1 You agree to (a) use only those APIs, services and protocols related to the Prism  Platform that are documented in the Development Resources; (b) use reasonable efforts to comply with the development guidelines and naming conventions set forth in the Development Resources; (c) use only "release" APIs in those Solutions that you distribute, deploy, or otherwise make available to third parties; and (d) use "preview" APIs only for internal, non-production uses, such as creating prototype Solutions that make use of preview APIs.

4.2 You agree not to (a) knowingly distribute, deploy or otherwise make Solutions available to parties that do not have a valid license to use the Prism  Platform technology for which the Solution was developed or with which it interoperates; (b) knowingly permit or cause any party to violate the terms of its license or service agreement pertaining to any Prism Video Networks product or service (including, without limitation, the Prism  Client Software), or permit or cause any party to use, access or obtain functionality from any Prism Video Networks product, feature, or service (including, without limitation, the document management framework functionality of the Prism  Client Software) without first reasonably ensuring that the party is subject to a current and valid agreement permitting it to use, access or obtain functionality from that product, feature, or service; (c) distribute, deploy or otherwise make Skins available; or (d) distribute, deploy or otherwise make available any Solution that (i) alters or interferes with the functionality of the Prism  Client Software, including, without limitation, any of the Standard Functional Elements; (ii) directly exposes an API to the Prism  Platform through an API to the Solution; or (iii) modifies, disables, circumvents, avoids, bypasses, removes, deactivates, impairs or otherwise interferes with any security, privacy, component management, license management, customer service management, or bandwidth management features of the Prism  Platform, or any features of any Prism  Platform technology that enforce license restrictions or limits or report technical or statistical information to Prism Video Networks.

4.3 Except as otherwise provided in this EULA with respect to modification of Sample Code, you agree that you will not, nor will you allow others to, directly or indirectly modify, decompile, reverse-engineer or disassemble any part of the Development Resources or the Prism Platform, except to the limited extent, if any, you may be permitted to do so by applicable law despite this restriction.

4.4 Except as may be permitted by the Trademark Usage Policy, you agree not to alter, remove or obscure any copyright, trademark or other proprietary notice contained in or on the Development Resources or any portion of the Prism  Platform.

4.5 You agree not develop Solutions or otherwise use or encourage use of the Prism Platform for a purpose or in a manner not permitted by the terms of Prism Video Networks Acceptable Use Policy (including, without limitation, infringement of intellectual property rights), as it may be amended from time to time. Prism Video Networks Acceptable Use Policy is accessible on our website at www.mivideo.net/prism . You also agree that you will not, and that you will not knowingly permit others to, use the Prism Platform either directly or indirectly to compromise the security of, or repeatedly request access to or data from, a Prism Video Networks computer or other resource, or a computer or other resource of any other individual or entity, with the intent of disrupting or monopolizing the computer or other resource.

5. Warranty disclaimer.

5.1 No Warranties. Some of the contents of the Development Resources (including the APIs described therein) may be in "alpha," "beta," preview or other pre-prerelease form and, as such, may contain bugs, may not operate properly or perform all intended functions, may interfere with the functioning of hardware or software, and may cause errors, data loss or other problems. YOU AGREE THAT ALL OF THE Development Resources ARE PROVIDED OR MADE AVAILABLE TO YOU "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Prism Video Networks, ITS LICENSORS AND ITS LICENSORS DISTRIBUTORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE DEVELOPMENT RESOURCES AND THE Prism  PLATFORM, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. This disclaimer of warranties is an essential part of this EULA.

5.2 U.S. Government Customers and End Users. The Development Resources that are the subject of this EULA are "commercial items," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation." For government purchases or acquisitions through a GSA Supply Schedule contract, the government customer and end users accept the standard, commercial Prism Video Networks warranty terms per d 2.a of GSAis "Terms and Conditions Applicable to . . . [SINs] 132-32 . . ., 132-33 . . . and 132-34 . . .." For government purchases or acquisitions under the authority of Federal Acquisition Regulation ("FAR") Part 12, the government customer and end user accept the standard, commercial Prism Video Networks warranty terms and 48 C.F.R. 52.212-4(o) and (p). For all government purchases or acquisitions that are not through a GSA Supply Schedule contract or FAR Part 12, the government customer and end user accept the standard, commercial Prism Video Networks warranty per 48 C.F.R. 46.709 (prime contracts) or 52.244-6 (subcontracts).

6. Limitation of Liability.

6.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Prism Video Networks NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTROLLED OR CONTROLLING ENTITIES, BUSINESS PARTNERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS, LICENSORS, OR LICENSORS DISTRIBUTORS (EACH, A "RELEASED PARTY") WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATED TO THIS EULA, THE Development Resources, OR THE Prism  PLATFORM, EVEN IF Prism Video Networks OR A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THE FOREGOING LIMITATIONS OF LIABILITY ARE HELD TO BE INAPPLICABLE OR UNENFORCEABLE IN ANY JURISDICTION, IN WHOLE OR IN PART, FOR ANY REASON, Prism Video Networks AND THE RELEASED Parties AGGREGATE LIABILITY IN CONNECTION WITH ALL CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THIS EULA, THE Development Resources AND THE Prism  PLATFORM WILL BE LIMITED IN SUCH JURISDICTION(S) TO THE LOWER OF DIRECT DAMAGES ACTUALLY INCURRED OR ONE DOLLAR ($1). This limitation of liability is an essential part of this EULA.

6.2 IN RECOGNITION OF THE FACT THAT THE DEVELOPMENT RESOURCES ARE BEING LICENSED TO YOU FREE OF CHARGE, YOU ALSO AGREE THAT Prism Video Networks AND EACH RELEASED PARTY ‘S AGGREGATE LIABILITY FOR ANY DIRECT DAMAGES ARISING OUT OF OR RELATED TO THIS EULA, THE Development Resources, OR THE Prism  PLATFORM WILL BE LIMITED TO THE FULL EXTENT THAT ALL OTHER TYPES OF DAMAGES ARE LIMITED UNDER SECTION 6.1, EVEN IF Prism Video Networks OR A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Maintenance and Support. This EULA does not obligate Prism Video Networks to provide maintenance or support related to the Development Resources or the Prism Platform to you or any third party. If Prism Video Networks makes error corrections, supplements, updates or upgrades to the Development Resources available to you, they will be subject to the terms of this EULA. You agree to provide all end-user support for your Solutions.

8. INDEMNIFICATION. You agree to indemnify Prism Video Networks against and hold it harmless from all claims, damages or other liability to third parties arising from or related to your Solutions ("Claims"), as well as all related costs and expenses (including reasonable attorney’s  fees), provided that Prism Video Networks promptly notifies you of a Claim after becoming aware of it, permits you to control the defense or settlement of the Claim, and provides you reasonable assistance in any legitimate defense of the Claim.

9. Termination. This EULA and your right to use the Development Resources will terminate automatically if you fail to comply with the terms this EULA. Prism Video Networks may terminate this EULA at any time by delivering notice to you or posting notice of termination on its website. You may terminate this EULA at any time by destroying or erasing all copies of each portion of the Development Resources in your possession or control. Upon termination of this EULA, you agree to destroy or erase all copies of all portions of the Development Resources then in your possession or control.

10. Miscellaneous provisions.

10.1 Governing Law. The interpretation and performance of this EULA will be governed by the laws of the Commonwealth of Massachusetts, USA, applicable to contracts executed in and performed entirely within Massachusetts, but excluding any choice of law principles that would result in the application of the laws of another jurisdiction. The parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to this EULA.

10.2 Dispute Resolution. Any litigation arising under or related to this EULA will be brought only in the United States District Court for the District of Massachusetts, or, if federal subject matter jurisdiction is lacking, then in the Massachusetts state trial court for the division and county in which Prism Video Networks or its successors or assigns principal office in Massachusetts is then located. You hereby submit to the personal jurisdiction of these courts and waive all objections to placing venue exclusively before them. The prevailing party in any litigation arising under or related to this EULA, in addition to any other relief granted to it, will be entitled to recover from the losing party its reasonable attorney’s fees and costs incurred in connection with the litigation. Notwithstanding the foregoing, Prism Video Networks acknowledges that the Contract Disputes Act, its implementing regulations and its judicial interpretations may take precedence when the U.S. Government is the party accepting this EULA, if required by law; whenever commercial item protections or other exceptions permit this commercially offered Dispute Resolution clause to apply, however, it applies in full force.

10.3 Assignment. This EULA will inure to the benefit of and will be binding upon the successors and permitted assigns of the parties. Prism Video Networks acknowledges its obligation to honor the Assignment of Claims Act, their implementing regulations, and judicial interpretations, under any direct contracts with the U.S. Government.

10.4 Severability. Each provision of this EULA is severable from the whole, and if one provision is declared invalid, the other provisions will remain in full force and effect. In the event that any provision of this EULA is held invalid or unenforceable by any court or other tribunal having jurisdiction over the parties and the subject matter, the parties agree that the invalid or unenforceable provision will be replaced with a valid provision that approximates the intent and economic effect of the invalid provision as closely as possible.

10.5 No Waiver. No delay or omission by either party to exercise any right or power arising upon the other party’s nonperformance or breach will impair that right or power or be construed as a waiver of it. Any waiver must be in writing and signed by the waiving party. A waiver on one occasion will not be construed as a waiver of any subsequent event of nonperformance or breach.

10.6 Export Restrictions. You acknowledge and agree that the Development Resources are subject to U.S. export jurisdiction. You agree to strictly comply with all applicable export and import laws of the United States and other governments applicable to your use of the Development Resources and to obtain all required licenses to export, re-export or import all products you distribute that you have developed using the Development Resources.

10.7 Survival. The provisions of Sections 2, 5, 6, 8, 9 and 10 will survive the termination of this EULA.

10.8 Entire Agreement; Amendment. This EULA, including the Trademark Usage Policy and Prism Acceptable Use Policy, which are incorporated herein by this reference, sets forth the complete and entire agreement between you and Prism Video Networks concerning its subject matter. Prism Video Networks may amend this EULA at any time by publication of a revised version of it on Prism Video Networks web site (located at http://www.mivideo.net/prism). Your continued use of any portion of the Development Resources following publication of any such revised version will be deemed acceptance by you of the revised terms and conditions of this EULA. If any of the revised terms and conditions is unacceptable to you, you must immediately cease using the Development Resources and destroy all copies of them in your possession.

END-USER LICENSE AGREEMENT FOR Prism software  WINDOWS SERVER 2003 RESOURCE KIT
IMPORTANT-READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Prism software  Corporation for the Prism software  software that accompanies this EULA, which includes computer software and may include associated media, printed materials, “online” or electronic documentation, and Internet-based services (“Software”). An amendment or addendum to this EULA may accompany the Software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE.

1. GRANT OF LICENSE. Provided that you comply with all terms and conditions of this EULA, Prism software  grants you a personal, nonexclusive, royalty-free license to install and use the Software. You may install and use the Software on an unlimited number of computers so long as you are the only individual or entity using the Software.
2. RESERVATION OF RIGHTS AND OWNERSHIP. Prism software  reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Prism software  or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold.
3. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
4. COMPONENT EULAS. As a kit of tools and other Prism software  software programs (each such tool or software program, a “Component”), the Software may contain one or more Components for which a separate end-user license agreement (a “Component EULA”) may appear upon installation of the applicable Component. In the event of inconsistencies between this EULA and any Component EULA, the terms of the Component EULA will control as to the applicable Component.
5. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide commercial hosting services with the Software.
6. CONSENT TO USE OF DATA. You agree that Prism software  and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. Prism software  may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
7. LINKS TO THIRD PARTY SITES. You may link to third party sites through the use of the Software. The third party sites are not under the control of Prism software , and Prism software  is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. Prism software  is not responsible for webcasting or any other form of transmission received from any third party sites. Prism software  is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by Prism software  of the third party site.
8. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that Prism software  may provide to you or make available to you after the date you obtain your initial copy of the Software, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. Prism software  reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software. Prism software  is not obligated to provide maintenance, technical or other support, or updates to you for the Software.
9. U.S. GOVERNMENT LICENSE RIGHTS. All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with “Restricted Rights” as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
10. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments. For additional information see <http://www.Prism software .com/exporting/>.
11. SOFTWARE TRANSFER. The initial user of the Software may make a one-time permanent transfer of this EULA and Software to another end user, provided the initial user retains no copies of the Software. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to all the EULA terms.
12. TERMINATION. Without prejudice to any other rights, Prism software  may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.
13. DISCLAIMER OF WARRANTIES. To the maximum extent permitted by applicable law, Prism software  and its suppliers provide the Software, and support services (if any) AS IS AND WITH ALL FAULTS, and Prism software  and its suppliers hereby disclaim all OTHER warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) IMPLIED warranties, DUTIES or conditions of MERCHANTABILITY, OF fitness for a particular purpose, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE. also, there is no warranty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement with regard to the Software. THE ENTIRE RISK AS TO THE QUALITY, OR ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND ANY SUPPORT SERVICES, REMAINS WITH YOU.
14. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. To the maximum extent permitted by applicable law, in no event shall Prism software  or its suppliers be liable for any special, incidental, punitive, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the SOFTWARE, the provision of or failure to provide Support OR OTHER Services, informatIon, software, and related CONTENT through the software or otherwise arising out of the use of the software, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract or breach of warranty of Prism software  or any supplier, and even if Prism software  or any supplier has been advised of the possibility of such damages. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
15. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF Prism software  AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER SHALL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR US$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
16. APPLICABLE LAW. If you acquired this Software in the United States, this EULA is governed by the laws of the State of Washington. If you acquired this Software in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If you acquired this Software in the European Union, Iceland, Norway, or Switzerland, then local law applies. If you acquired this Software in any other country, then local law may apply.
17. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with the Software) are the entire agreement between you and Prism software  relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any Prism software  policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.


Si vous avez acquis votre logiciel Prism software  au CANADA :
DÉNI DE GARANTIES. Dans la mesure maximale permise par les lois applicables, le Logiciel et les services de soutien technique (le cas échéant) sont fournis TELS QUELS ET AVEC TOUS LES DÉFAUTS par Prism software  et ses fournisseurs, lesquels par les présentes dénient toutes autres garanties et conditions expresses, implicites ou en vertu de la loi, notamment, mais sans limitation, (le cas échéant) les garanties, devoirs ou conditions implicites de qualité marchande, d’adaptation à une fin usage particulièere, de fiabilité ou de disponibilité, d’exactitude ou d’exhaustivité des réponses, des résultats, des efforts déployés selon les règles de l’art, d’absence de virus et d’absence de négligence, le tout à l’égard du Logiciel et de la prestation des services de soutien technique ou de l’omission de la ’une telle prestation des services de soutien technique ou à l’égard de la fourniture ou de l’omission de la fourniture de tous autres services, renseignements, logiciels, et contenu qui s’y rapporte grâce au Logiciel ou provenant autrement de l’utilisation du Logiciel . PAR AILLEURS, IL N’Y A AUCUNE GARANTIE OU CONDITION QUANT AU TITRE DE PROPRIÉTÉ, À LA JOUISSANCE OU LA POSSESSION PAISIBLE, À LA CONCORDANCE À UNE DESCRIPTION NI QUANT À UNE ABSENCE DE CONTREFAÇON CONCERNANT LE LOGICIEL.
EXCLUSION DES DOMMAGES ACCESSOIRES, INDIRECTS ET DE CERTAINS AUTRES DOMMAGES. DANS LA MESURE MAXIMALE PERMISE PAR LES LOIS APPLICABLES, EN AUCUN CAS Prism software  OU SES FOURNISSEURS NE SERONT RESPONSABLES DES DOMMAGES SPÉCIAUX, CONSÉCUTIFS, ACCESSOIRES OU INDIRECTS DE QUELQUE NATURE QUE CE SOIT (NOTAMMENT, LES DOMMAGES À L’ÉGARD DU MANQUE À GAGNER OU DE LA DIVULGATION DE RENSEIGNEMENTS CONFIDENTIELS OU AUTRES, DE LA PERTE D’EXPLOITATION, DE BLESSURES CORPORELLES, DE LA VIOLATION DE LA VIE PRIVÉE, DE L’OMISSION DE REMPLIR TOUT DEVOIR, Y COMPRIS D’AGIR DE BONNE FOI OU D’EXERCER UN SOIN RAISONNABLE, DE LA NÉGLIGENCE ET DE TOUTE AUTRE PERTE PÉCUNIAIRE OU AUTRE PERTE DE QUELQUE NATURE QUE CE SOIT) SE RAPPORTANT DE QUELQUE MANIÈRE QUE CE SOIT À L’UTILISATION DU LOGICIEL OU À L’INCAPACITÉ DE S’EN SERVIR, À LA PRESTATION OU À L’OMISSION DE LA ’UNE TELLE PRESTATION DE SERVICES DE SOUTIEN TECHNIQUE OU À LA FOURNITURE OU À L’OMISSION DE LA FOURNITURE DE TOUS AUTRES SERVICES, RENSEIGNEMENTS, LOGICIELS, ET CONTENU QUI S’Y RAPPORTE GRÂCE AU LOGICIEL OU PROVENANT AUTREMENT DE L’UTILISATION DU LOGICIEL OU AUTREMENT AUX TERMES DE TOUTE DISPOSITION DE LA U PRÉSENTE CONVENTION EULA OU RELATIVEMENT À UNE TELLE DISPOSITION, MÊME EN CAS DE FAUTE, DE DÉLIT CIVIL (Y COMPRIS LA NÉGLIGENCE), DE RESPONSABILITÉ STRICTE, DE VIOLATION DE CONTRAT OU DE VIOLATION DE GARANTIE DE Prism software  OU DE TOUT FOURNISSEUR ET MÊME SI Prism software  OU TOUT FOURNISSEUR A ÉTÉ AVISÉ DE LA POSSIBILITÉ DE TELS DOMMAGES.
LIMITATION DE RESPONSABILITÉ ET RECOURS. MALGRÉ LES DOMMAGES QUE VOUS PUISSIEZ SUBIR POUR QUELQUE MOTIF QUE CE SOIT (NOTAMMENT, MAIS SANS LIMITATION, TOUS LES DOMMAGES SUSMENTIONNÉS ET TOUS LES DOMMAGES DIRECTS OU GÉNÉRAUX OU AUTRES), LA SEULE RESPONSABILITÉ ’OBLIGATION INTÉGRALE DE Prism software  ET DE L’UN OU L’AUTRE DE SES FOURNISSEURS AUX TERMES DE TOUTE DISPOSITION DEU LA PRÉSENTE CONVENTION EULA ET VOTRE RECOURS EXCLUSIF À L’ÉGARD DE TOUT CE QUI PRÉCÈDE SE LIMITE AU PLUS ÉLEVÉ ENTRE LES MONTANTS SUIVANTS : LE MONTANT QUE VOUS AVEZ RÉELLEMENT PAYÉ POUR LE LOGICIEL OU 5,00 $US. LES LIMITES, EXCLUSIONS ET DÉNIS QUI PRÉCÈDENT (Y COMPRIS LES CLAUSES CI-DESSUS), S’APPLIQUENT DANS LA MESURE MAXIMALE PERMISE PAR LES LOIS APPLICABLES, MÊME SI TOUT RECOURS N’ATTEINT PAS SON BUT ESSENTIEL.
À moins que cela ne soit prohibé par le droit local applicable, la présente Convention est régie par les lois de la province d’Ontario, Canada. Vous consentez Chacune des parties à la présente reconnaît irrévocablement à la compétence des tribunaux fédéraux et provinciaux siégeant à Toronto, dans de la province d’Ontario et consent à instituer tout litige qui pourrait découler de la présente auprès des tribunaux situés dans le district judiciaire de York, province d’Ontario.

 

   

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