ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Streaming Networks may revise these Terms at any time by updating this posting. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

Ownership of Site
These Terms of Use apply to the iRecord web Site located at www.iRecord.com, and all associated sites linked to www.iRecord.com by Streaming Networks, its subsidiaries and affiliates (collectively, the “Site”). The Site is the property of Streaming Networks Inc. (“Streaming Networks”).

Content and Use of the Site
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, ‘look and feel’ and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Streaming Networks, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Streaming Networks’ express prior written consent.

You may use information on our products and services purposely made available by Streaming Networks for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Links to Other Sites and to the Streaming Networks Site
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Streaming Networks’ control, and we are not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers
THE MATERIALS (INCLUDING ALL Software) AND SERVICES AT THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. All information on this Site is subject to change without notice. The materials at this Site might be out of date and Streaming Networks makes no commitment to update the materials and services at this Site. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.

Limitation of Liability
Except where prohibited by law, in no event will Streaming Networks be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Streaming Networks has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Streaming Networks is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Streaming Networks’ liability shall in no event exceed US$40.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity
You agree to indemnify and hold Streaming Networks, its owners, members, managers, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Streaming Networks by any third party due to or arising out of or in connection with your use of the Site.

Applicable Law and Jurisdiction
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Santa Clara County, California, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Streaming Networks and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited
Streaming Networks administers and operates the www.Streaming-Networks.com Site from its location in Santa Clara, California USA; although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Streaming Networks reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Streaming Networks with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Streaming Networks with respect to such use are hereby superseded and cancelled. Streaming Networks will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Streaming Networks’ failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Streaming Networks of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Streaming Networks and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Last updated: October 10, 2007

Streaming Networks respects your privacy and is committed to protecting the personal information that you decide to share with us when you visit our web site. The purpose of this policy statement is to explain the type of information that we collect from visitors to our website, how we collect it, what we use it for and how visitors can restrict the use or disclosure of personally identifiable information.

Information that we collect
We only obtain personal information that you voluntarily and knowingly provide. This means that you can visit our website without telling us who you are or revealing any information about yourself. To measure the performance of and continually improve our website, we do, however, collect some generic information about our visitors. This information may include: your IP address, browser type, operating system, domain name, access times and referring Web site addresses. We aggregate this information and use it for the operation of the website, to improve quality and performance of the website and to provide general statistics regarding use of iRecord.com.

We may collect personally identifiable information through this website and Streaming Networks is the sole owner of such information. Personal information includes any information that may be used to identify you, including, but not limited to, a first and last name, email address, a home, postal or other physical address, birth date, gender, occupation, demographic data, industry, personal interests and potentially other information when needed to provide a product or service you request. You may choose to provide personal information to us in a variety of ways through our website, including:

• Registering to receive news or information about our products;
• Placing an order for a product;
• Registering a Streaming Networks product that you have purchased;
• Sending us email; or
• Submitting a support request.

In each of the instances above, we may ask for some or all of the personal information described above. When personal information is collected, we will inform you at the point of collection the purpose(s) for which it is to be used. If we ever ask for significantly different information we will inform you. In addition, we will clearly identify personal information that is required versus optional information.

Information Use, Sharing and Disclosure
When visitors supply information about themselves for a specific purpose, we use the information for that purpose (such as to provide the information the visitor has requested). When visitors use our website to order products, or to request information about them, we may use the individual information as we would use the same information obtained off-line - for example, to evaluate your needs and contact you regarding additional products, information or services that we believe you may find useful. You have the right to choose not to receive this information by notifying us of your preference.

We do not sell individual information obtained on-line about our visitors. And, we will not disclose the personal information you provide to us via the website to parties unaffiliated with Streaming Networks unless you specifically authorize it, we believe it is reasonably required by law or we believe that disclosure is reasonably required to protect the safety of customers, employees or property.
Streaming Networks uses a variety of third party contractors to perform services such as website management and hosting, online product purchases and shipping, credit card processing and email marketing. In such instances, your personal information may be shared with these agents or contractors but only for the purpose of performing services on behalf of Streaming Networks and in accordance with this privacy policy. In addition, if Streaming Networks gets acquired by another company, your personal information will, in most instances, be part of the assets transferred to the successor company.

We will always give you the opportunity to "opt out" of receiving direct marketing or market research information. This means we assume you have given us your consent to collect and use your information in accordance with this policy unless you take affirmative action to indicate that you do not consent, for instance by clicking or checking the appropriate option or box at the point of collection. In some cases, when applicable, we will provide you with the opportunity to "opt in." This means we will require your affirmative action to indicate your consent before we use your information for purposes other than the purpose for which it was submitted.

Security
Streaming Networks uses a variety of security technologies and procedures to help protect your personal information from unauthorized access, use or disclosure. For example, we store the personal information you provide in computer servers with limited access that are located in controlled facilities. When we transmit sensitive information (such as a credit card number) over the internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol. If at any time you would like to make a purchase, but do not want to provide your credit card information online, you may contact a Streaming Networks sales representative over the telephone. We require our employees to protect the privacy of information about our customers and expect our partners and suppliers to do so as well.

Cookies and Tracking Technology
A cookie is a small data file that some Web sites write to your computer hard drive when you visit the site. We use both session ID cookies and persistent cookies. For the session ID cookie, once a visitor closes the browser, the cookie simply terminates. A persistent cookie is a small text file stored on the user's hard drive for an extended period of time. Persistent cookies can be removed by following Internet browser help file directions. A cookie file can contain information such as a user ID that the site uses to track the pages you've visited, but the only personal information a cookie can contain is information you supply yourself. Some parts of Streaming Networks' website use cookies to track user traffic patterns. We do this to determine the usefulness of our website information to our users and to see how effective our navigational structure is in helping users reach that information. In addition, we use cookies as necessary to perform functions specific to a visitor, such as purchasing a Streaming Networks product or submitting a support request.

If you prefer not to receive cookies while browsing our website, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you that a cookie is present. You can also refuse all cookies by turning them off in your browser, although you will not be able to take full advantage of Streaming Networks' website if you do so. In particular, you will be required to accept cookies in order to complete certain actions on our website, such as ordering a product or submitting a support request.

Email
Streaming Networks does not send unsolicited junk email (spam). We may use email to communicate with our visitors, to respond to visitors' emails, to confirm orders placed online, and to send information that a visitor has requested. If you receive an unwanted email from us, you can reply to the email to ask not to receive future emails. Streaming Networks provides an unsubscribe function in its email campaigns in order for subscribers to opt out of further email communications from us.

Third Party Sites
Streaming Networks' website may contain links to other websites that are operated by third parties. Streaming Networks does not share your personal information with those websites, nor are we responsible for their privacy practices. We encourage you to learn about the privacy policies of those companies.

Updating your information
If you have previously provided us with personal information, you may access, correct, and update information by visiting our site and utilizing our support application. The Support area of the site contains links by which users can send in informational updates and corrections.

Notice of changes to this policy
Streaming Networks will update this privacy policy statement from time to time. When we do, we will revise the "last updated" date at the bottom of this page.

Contacting us
For inquiries regarding our privacy policy, email info@iRecord.com.

Last updated: December 4, 2007

U.S. Dollars Only
The iRecord Store sells and ships products to most countries. All products are priced in U.S. Dollars, a conversion will be made automatically by your credit card company during checkout. You may not export or resell any products purchased at the iRecord Store.

Sales to End Users Only
The iRecord Store sells and ships products to end user customers only. You may not purchase for resale. We reserve the right to refuse or cancel your order if we suspects you are purchasing for resale.

Proof of Purchase
We will send you a confirmation of your order via email if you have included an email address with your order. If you have not included an email address, you will receive a confirmation of your order by regular mail when your order is shipped.

Sales Tax
In addition to the price of your purchases, We will charge you sales tax on all order shipped to California at sales tax rate in effect at the time your order is placed. If the sales tax rate changes before the product is shipped, the rate in effect at the time your order was received in system will apply. The proof of purchase that we mail to you will include any applicable sales tax.

Shipping Options
We offer four convenient shipping options.

•          UPS Ground

•          UPS 3 Day Select®

•          UPS 2 Day Air®

•          UPS Next Day Air®

Remember that these estimates are for time in transit only, and that they do not apply until the product leaves our facilities. As the delivery of your order is beyond our control once your order leaves our facilities, we cannot assume liability for late deliveries, regardless of the delivery method you specify.

For international customers it's their liability for any local taxes, VAT, freight surcharges etc.

Signature is required for delivery: Most of our shipments contain valuable equipment. If you will not be at the shipping address to accept delivery of your product, consider shipping the item to an address where someone you trust will be available to sign for your package. Please note that we are not able to adjust the shipping address once a package has left our warehouse. Title and risk of loss to all products will pass to you on delivery. Please note that, if you are willing to assume the risks of delivering your order without a signature, you may authorize us to arrange for a delivery that does not require anyone to be at the delivery address.

Undeliverable Packages: Occasionally packages are returned to us as undeliverable. When the carrier returns an undeliverable package to us, please contact us to make arrangements for reshipment.

Failed Delivery Attempts: Most of our carriers make three attempts to deliver a package. After three delivery attempts, the carrier will return the package to us.

Order Processing
The estimated shipment date on your order is based on product availability, payment processing time, and warehouse processing time and does not include transit time. We do not begin payment processing until we receive all the information that we need and full payment or a full authorization, in the case of credit card.

Streaming Networks will begin payment processing for orders placed on weekends or holidays on the next business day. Business days are Monday through Friday, excluding federal holidays.

Your order for in-stock items that are eligible for same-day shipping must be received before 2:00 p.m. Pacific Time, pending payment processing, for there to be adequate remaining time in the day for your order to be dispatched.

Prices
The iRecord Store endeavors to offer you competitive prices on current iRecord products. Your total order price will include the price of the product on the day of shipping plus any applicable sales tax and shipping charges. We reserve the right to change prices for products displayed at the iRecord Store at any time and particularly to correct pricing errors that appear on the Store.

Product Availability
We make every effort to ship your product according to the estimated lead times provided by the iRecord Store at checkout. The estimated lead times are in business days (Monday through Friday, excluding federal holidays). Lead times quoted on the checkout page are for orders that are partially shipped, meaning that items ship as soon as they are available. If you have requested a complete shipment, please add three to four additional days for transportation and order consolidation processing. Although we make every effort to ship your order according to the lead-time provided, shipping dates may change due to changes in supply. If the lead-time changes, we will contact you via email and provide a revised shipping estimate.

We make every effort to supply you with the products you order, but there may be occasions when we confirm orders, but learns that we cannot supply the ordered products, either at all or in the quantities ordered. In these circumstances, we will contact you to inform you and, if you are interested, Streaming Networks may suggest alternative products that might meet your needs. If you do not wish to order alternative products, we will cancel your order for products we cannot supply and for any other products that you no longer wish to order as a result, and will refund your purchase price for those products.

Other Terms and Conditions

•     Streaming Networks is not responsible for typographical errors. We reserve the right to cancel any order you have placed if there was a typographical error on the iRecord Store concerning the pricing or availability of any item you ordered when you placed the order.

•     Streaming Networks reserves the right to change the terms and conditions of sale at the Streaming Networks Store at any time.

•     We may make changes to any products or services offered at the iRecord Store, or to the applicable prices for any such products or services, at any time, without notice. The information provided at the iRecord Store with respect to products and services may be out of date, and we make no commitment to update the information provided at the iRecord Store with respect to such products and services.

•     We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the iRecord Store for any reason; (2) to modify or change the iRecord Store, and any applicable policies or terms; and (3) to interrupt the operation of the iRecord Store as necessary to perform maintenance, error correction, or other changes.

•     To the extent permitted by law, all sales at the Streaming Networks Store are governed by California law, without giving effect to its conflict of law provisions.

•     If any of the aforementioned policies are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such policy shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the policy, so that the policies shall remain in full force and effect.

•     Streaming Networks’ failure to insist on or enforce strict performance of these policies shall not be construed as a waiver by Streaming Networks of any provision or any right it has to enforce these policies, nor shall any course of conduct between Streaming Networks and you or any other party be deemed to modify any provision of these policies.

•     These policies shall not be interpreted or construed to confer any rights or remedies on any third parties.

Last updated: April 14, 2008

Returns, Replacements and Refunds
Products purchased directly from Streaming Networks (either via phone or the iRecord Store) may be returned under following circumstances:

        1. Warranty, within 1 year of the date of original shipment for a defect.

The following information governs returns of products purchased directly from Streaming Networks. Products purchased via an authorized Streaming Networks dealer must be returned to such dealer, who in turn deals directly with Streaming Networks for returns, replacements and/or refunds. Please contact your authorized dealer for its policy on returns and replacements.

Warranty Returns
If you discover what you believe is a product defect in any Streaming Networks product, please contact Streaming Networks Technical Support. Our support personnel are available during support hours to assist you in diagnosing and fixing any problems you may encounter in the use of your Streaming Networks product. In the event we cannot help you fix the problem over the phone, you may be entitled to a replacement product under the terms of Streaming Networks’ limited warranty. Replacement products may include refurbished Streaming Networks products that have been recertified to conform to product specifications.

Warranty Coverage and Exclusions
The Streaming Networks limited warranty covers defects in materials and workmanship in every Streaming Networks product you purchase during the applicable warranty period, subject to certain exceptions. Streaming Networks' warranty period is one year from the date we ship the applicable Streaming Networks product to you, as determined by the date on the packing slip or invoice. The warranty period is not extended if we repair or replace a warranted product. Streaming Networks may change the availability of limited warranties, at our discretion, but any changes we make will not be applied retroactively. For more detailed information related to the limited warranty, please refer to the license agreement in the supporting documentation that came with your product. Please note that we do not provide warranty coverage for:

          • Problems that result from external causes such as accident, abuse or misuse;
          • Usage that is not in accordance with Streaming Networks' product instructions;
          • Products that are used for commercial purposes;
          • Products with missing or altered serial numbers;
          • Products which have had their housings opened or otherwise tampered with;
          • Products which have been used with unauthorized or modified software; or
          • Problems caused by using third party accessories, parts, or components.

STREAMING NETWORKS DOES NOT WARRANT THAT ITS PRODUCTS WILL OPERATE WITHOUT INTERRUPTION OR WILL BE ERROR-FREE, OR THAT ALL ERRORS MAY BE CORRECTED. STREAMING NETWORKS' SOLE LIABILITY, AND YOUR SOLE REMEDY, FOR BREACH OF THE LIMITED WARRANTY WILL BE REPAIR OR REPLACEMENT OF THE APPLICABLE PRODUCT, OR, IF NEITHER OF THE FOREGOING ARE REASONABLY AVAILABLE, A REFUND OF THE AMOUNT YOU PAID, LESS AMOUNTS ATTRIBUTABLE TO YOUR PRIOR USE.

EXCEPT AS EXPRESSLY SET FORTH IN THE LICENSE AGREEMENT, STREAMING NETWORKS MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO ITS PRODUCTS. STREAMING NETWORKS AND ITS SUPPLIERS HEREBY SPECIFICALLY DISCLAIM ALL OTHER EXPRESS, STATUTORY AND IMPLIED WARRANTIES AND CONDITIONS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITION OF SATISFACTORY QUALITY. EXCEPT AS EXPRESSLY STATED IN THE LICENSE AGREEMENT, PRODUCTS ARE SUPPLIED ON AN "AS IS" BASIS WITHOUT WARRANTY. YOU ASSUME ALL RESPONSIBILITIES FOR SELECTION OF A PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION AND USE OF THE PRODUCT. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON IMPLIED WARRANTIES, AND SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. IN ANY EVENT, ANY IMPLIED WARRANTIES THAT MAY EXIST UNDER THE LAWS OF YOUR JURISDICTION ARE LIMITED TO THE ONE (1) YEAR PERIOD SET FORTH IN THE LIMITED WARRANTY.

Instructions for Warranty Returns:

1. Request an RMA
If in the diagnosis of reported performance issues with your Streaming Networks product(s) our technical support personnel determine that your product(s) qualifies for a Warranty Return, a Return Merchandise Authorization (RMA) request will be initiated and a unique RMA number will be sent to you via email. Every limited warranty return must have an associated (RMA) number.

2. Use the Original Streaming Networks Boxes
All products must be returned in the original packaging with all contents included. Please ensure that any previous shipping labels or other markings have been removed or covered completely. Please note that failure to return all items included with your product, or returning the product without the manufacturer packaging may result in the product(s) being shipped back to you at your own expense.

3. Ship the Product(s) to Us
It is the sender's responsibility to retain a copy of the shipping label with the applicable tracking number signed by an agent of the carrier as proof that the possession of the returned product shipment was transferred to the carrier. You have 14 days from the date of RMA request to return your original product. The address for Streaming Networks Warranty Returns is:

       Streaming Networks Warranty Returns
       Attn: RMA # (please include your RMA # here)
       1765 Scott Blvd
       Santa Clara, CA 95050-4138

4. Email Your Return Shipment Tracking Number to support@iRecord.com
Please include "Shipment Notification: RMA# (please include your RMA# here)" in the email subject line and the returns shipment tracking number and the time of pick-up in the email body.

5. Receive your Replacement If your product(s) qualifies for advance replacement, your replacement product(s) will ship within 24-48hrs hours of RMA request, excluding weekends and holidays and, the shipment of your returned product is not required until your replacement product(s) has been received.

If your product(s) does not qualify for advance replacement, your product(s) will ship upon receipt and inspection of your original product(s) and, we may require a valid credit card number to ship your replacement product(s). As part of our returns process, you will receive an email notifying you that your replacement order has been placed and another email notifying you that your product has shipped.

You will not be charged for the replacement product as long as (i) you return the original product to us within 14 days after issuance of the RMA or 14 days after the shipment date of your replacement order, if your product(s) qualifies for Advanced Replacement, and (ii) the problem you reported with the product(s) proves to be covered by the terms of the limited warranty.
If we do not receive the original product(s) within 14 days, or if we determine that the problem with your product(s) is not covered by the limited warranty, we will charge the then-current standard price for the applicable product(s) to your credit card or the original form of payment used at the time you placed your original order.

Transfer of Limited Warranty
Limited warranties on Streaming Networks products may be transferred during the warranty period if the current owner transfers ownership of the products and records the transfer with us. The products must be registered by both the previous and new owner in order to effect the transfer of limited warranty.

Problems Outside of Warranty Coverage
If we determine that the problem is not covered under the limited warranty, we will notify you and inform you of service or replacement alternatives that are available to you on a fee basis.
For inquiries regarding our return policy please contact us.
Last updated: December 4, 2007

THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") IS A LEGAL AGREEMENT BETWEEN YOU AND STREAMING NETWORKS, INC., A DELAWARE CORPORATION. PLEASE READ IT CAREFULLY BEFORE USING THE STREAMING NETWORKS SOFTWARE (“SOFTWARE”) INCLUDED HEREWITH. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THE LICENSE, DO NOT USE THE PRODUCT. THE SOFTWARE CAN BE IN READ ONLY MEMORY, ON DISK OR ANY OTHER MEDIA OR IN ANY OTHER FORM. THIS SOFTWARE IS LICENSED, NOT SOLD

1. License Grant
Subject to the terms and conditions as well as the restrictions and exceptions of this agreement, Streaming Networks, hereby grants you a nonexclusive, non-distributable, non-sublicensable, royalty-free, limited right and license to use the Software in personal capacity only. You will use the Software only in accordance with the applicable user documentation included herewith and incorporated herein by reference.

2. Limitation on Use
This Software is intended for personal use only. It is licensed for recording only non-copyrighted materials, and materials that you own or are permitted to record or reproduce legally. In some jurisdictions, it is unlawful to make digital copies without prior permission from the owner. You may not rent or lease the Software. You may not make the Software available over a network or the Internet. You may not make copies of the Software, except for one copy for backup purposes only. You may not copy, reverse engineer, decompile, disassemble or modify any portion of the Software or create any derivative work of the Software or otherwise attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming interfaces of the Software. You shall not remove any product identification, copyright or other notices from the Software or associated documentation.

3. Ownership
No right or license shall be implied by estoppels or otherwise, other than the limited license rights granted to you in Section 1 herein. All ownership rights, title and interest in the Software and associated documentation and all copies and portions thereof are and shall remain with Streaming Networks. Streaming Networks claims and reserves to itself all rights and benefits in the Software and related documentation afforded under United States patent and copyright laws and all international conventions and all other US and international intellectual property laws. The rights granted to you are limited to Streaming Networks’ and its licensor's patents and intellectual property rights in the Software and do not include any other patents or intellectual property rights. Title and intellectual property rights in and to any content recorded through the Software belongs to the content owner. Such content may be protected by copyright or other intellectual property laws and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content.

4. Limited Warranty
STREAMING NETWORKS WARRANTS THAT FOR A PERIOD OF NINETY (90) DAYS FROM THE ORIGINAL DATE OF PURCHASE, THE MEDIA ON WHICH SOFTWARE IS FURNISHED WILL BE FREE OF DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE. YOUR EXCLUSIVE REMEDY AND STREAMING NETWORKS’ ENTIRE LIABILITY UNDER THIS LIMITED WARRANTY, UNDER STREAMING NETWORKS’ OPTION, WILL BE THE REPLACEMENT OF THE SOFTWARE ON MEDIA AS IT WAS PURCHASED. EXCEPT FOR THE ABOVE, THE SOFTWARE IS LICENSED “AS IS” WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIED. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM JURISDICTION TO JURISDICTION.

5. Disclaimer of Warranty
EXCEPT FOR THE LIMITED WARRANTY OF SECTION 5 ABOVE, ALL EXPRESS OR IMPLIED, OR STATUTORY CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY ARE DISCLAIMED. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY STREAMING NETWORKS SHALL CREATE ANY WARRANTY. THE USE OF THE SOFTWARE IS AT YOUR OWN RISK INCLUDING SATISFACTION OF QUALITY, PERFORMANCE, ENJOYMENT AND ACCURACY. STREAMING NETWORKS DOES NOT WARRANT THAT THE FEATURES CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE WITHOUT FAULTS OR THAT ANY DEFECTS, ERRORS WILL BE CORRECTED. IN CASE OF ANY DEFECTS IN THE SOFTWARE YOU ASSUME ALL THE COST OF NECESSARY SERVICE, REPAIR OR CORRECTION. THIS WARRANTY IS NOT APPLICABLE TO: (1) PROBLEMS THAT RESULT FROM EXTERNAL CAUSES SUCH AS ACCIDENT, ABUSE OR MISUSE; (2) USAGE THAT IS NOT IN ACCORDANCE WITH STREAMING NETWORKS' PRODUCT INSTRUCTIONS; (3) PRODUCTS THAT ARE USED FOR COMMERCIAL PURPOSES; (4) PRODUCTS WITH MISSING OR ALTERED SERIAL NUMBERS; (5) PRODUCTS WHICH HAVE HAD THEIR HOUSINGS OPENED OR OTHERWISE TAMPERED WITH; (6) PRODUCTS WHICH HAVE BEEN USED WITH UNAUTHORIZED OR MODIFIED SOFTWARE; OR (7) PROBLEMS CAUSED BY USING THIRD PARTY ACCESSORIES, PARTS, OR COMPONENTS. THE FOREGOING STATES THE ENTIRE LIABILITY OF STREAMING NETWORKS WITH RESPECT TO WARRANTY AND INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS BY ANY Software DELIVERED UNDER THIS AGREEMENT. PROOF OF PURCHASE WHICH IS EVIDENCE THAT THE PRODUCT IS WITHIN THE WARRANTY PERIOD HAS TO BE PRESENTED TO OBTAIN WARRANTY SERVICE. REPAIR OR REPLACEMENT AS PROVIDED UNDER THIS WARRANTY IS THE EXCLUSIVE REMEDY OF THE PURCHASER. STREAMING NETWORKS SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL STREAMING NETWORKS BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY ON THIS PRODUCT. THIS LIMITED WARRANTY DOES NOT COVER ACCESSORIES SUCH AS POWER ADAPTERS, ANY CABLES NOR IT COVERS DAMAGES RESULTING FROM FIRMWARE UPGRADES.

6. Limitation of Liability
In no event will Streaming Networks or its licensors be liable for any indirect, incidental, special, consequential or punitive damages whatsoever, in connection with or arising out of this license, including loss of data, business interruption or other economic advantage, no matter what theory of liability, even if Streaming Networks is advised of the possibility of such damages. In no event will Streaming Networks’ liability to you, whether in contract, tort (including negligence), or otherwise, exceed US $40 (forty US Dollars). The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. Some states do not allow the exclusion of incidental or consequential damages, so some of the terms above may not be applicable to you.

7. Termination
This License agreement will remain in force until terminated. Your rights under this License will terminate automatically without notice from Streaming Networks if you fail to adhere to any terms and conditions of this License. In the event of termination of this License you must immediately cease use of the Software and destroy or return to Streaming Networks all copies of the Software within 30 days.

8. Export Control
You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained.

9. MP3 and AAC
Notice to the extent that the Software contains MP3 and AAC audio encoding functionality, commercial use of MP3 or AAC requires additional licensing and the following provisions applies: The MP3 and AAC feature in this product is licensed herein only for noncommercial personal use to encode audio in compliance with the MP3 and AAC standard.

10. H.264/AVC
Notice to the extent that the Software contains H.264/AVC encoding functionality, commercial use of H.264/AVC requires additional licensing and the following provisions applies: The H.264/AVC feature in this product is licensed herein only for non-commercial personal use to encode video in compliance with the H.264/AVC standard.

11. Software Upgrades
Licensee of this Software does not receive the right to receive any Software upgrades that Streaming Networks may periodically make available. A user may purchase the Software upgrades by paying a separate published fee to Streaming Networks.

12. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the state of California, United States excluding its choice of law provisions. In the event that any provision of this Agreement shall be held unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole.

13. Compliance with Laws
You agree not to use the Software in any way that violates, plagiarizes or infringes upon the rights (including intellectual property rights, copyright, patent, trademark or privacy rights) of any third parties or that would be abusive, profane, obscene, indecent, threatening, defaming, slanderous, libelous or offensive or otherwise illegal. You agree not to solicit the performance of any activity that is prohibited by law. You agree to comply with applicable laws, rules and regulations in connections with this Agreement.

14. Confidentiality. You agree that the SOFTWARE and all inventions, algorithms, know-how and ideas that are related to or derived from the SOFTWARE you obtained from SN and all other business and technical information you obtained from SN are the confidential property of SN. You agree to hold such information in confidence and not to disclose such information to any third party without SN's prior written consent.

Last updated: April 14, 2008

Copyright Notice

By law copyrighted audio and video may not be used for any purposes other than non-commercial personal enjoyment without the permission from the copyright holder. It is illegal to record from DVDs or other copyrighted works that you do not own. Please do not duplicate copyrighted works if you do not own the original. Copyright laws vary from country to country, you should check your country's copyright laws before recording any copyrighted works.

Trademarks

Streaming Networks, the Streaming Networks logo, iRecord®, and the iRecord® logo are trademarks or registered trademarks of Streaming Networks Corporation or its affiliates. Apple, iPod, iTunes, QuickTime, and Mac are trademarks or registered trademarks of Apple Inc.; Windows is trademark or registered mark of Microsoft Corporation; Sony, PSP, Walkman and Memory Stick are trademarks or registered trademarks of Sony Corporation or its affiliates; and TiVo is a registered trademark of TiVo Inc. Blackberry is a registered trademark of Research In Motion Limited. Samsung Galaxy S3, Note, Note II are registered trademark of Samsung. All other company and product names referenced on this site are the trademarks of the respective owners.

Copyright© 2000-2013 Streaming Networks, Inc. All Rights Reserved. Patents Pending.