NeroSDK License Agreement May 2003
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License Agreement
-----------------

IMPORTANT: PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE 
USING THE SOFTWARE. 

USING THE SOFTWARE INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AND 
AGREE TO ITS TERMS.


0.) Definitions:

NeroSDK: means the package provided by Ahead Software AG, Im Stoeckmaedle 18, 76307 
Karlsbad, Germany ("Ahead Software") for using the NeroAPI and as defined in Annex 
A.

APPLICATION SOFTWARE: means software written by you using the NeroSDK, which has 
substantial different functionalities than NeroSDK and which is not a developer kit 
itself. 

NeroAPI: means Nero Application Programming Interface. It represents the interface 
for accessing the NeroAPI-Engine from Nero.

NeroAPI-Engine: means Dynamic Link Library ("NeroAPI.DLL" and other related DLL's) 
included in the software package Nero Burning ROM of Ahead Software.  NeroAPI-
Engine is part of the Nero Burning ROM license and can only be used pursuant to an 
accepted Nero end user license agreement.

NeroAPI-Documentation: means the specification of the functionalities and usage of 
NeroAPI

NeroAPI-Include: means the files that have to be included in the APPLICATION 
SOFTWARE source code to make it able to access NeroAPI functionalities.

NeroAPI-Lib: means the files that have to be included in the APPLICATION SOFTWARE to 
make it able to manage communication with the NeroAPI-Engine which is present in the 
system.

NeroAPI-Samples: means all files whose aim is to help the user understanding how to
use NeroAPI.

NeroCmd: means Nero Command Line Tool. It allows execution of burn processes from 
the command line by using NeroAPI. It is also an example of application written 
using NeroAPI functionalities.

NeroCmd-Documentation: means the text which explains how NeroCmd can be used and how 
its source code is structured.

NeroCmd-Source Code: means the material needed for building the NeroCmd program. 

AudioPluginManager: means the Nero Audio Plug-in Manager. It allows playing, decoding
and encoding of different audio formats using Nero Burning ROM and other Ahead
Software applications. AudioPluginManager is part of the Nero Burning ROM license
and can only be used pursuant to an accepted Nero end user license agreement.

AudioPlugin: dll which will solely en- and/or decode audio formats, for usage with
the AudioPluginManager.

AudioPlugin-Sample: means all files whose aim is to help the user understanding
how to write an AudioPlugin.

AudioPluginManager-Documentation: means the text which explains how the AudioPlugin-
Source Code works and how to create an AudioPlugin with it.

AudioPlugin-Source Code: means the material needed for building the AudioPlugin-
Sample and to create an AudioPlugin.

AudioPlugin-Includes: : means the files that have to be included in the APPLICATION 
SOFTWARE source code to make it able to access the AudioPluginManager.


1.) Software Product. Ahead Software provides you with a package containing an 
Application Programming Interface ("API", "NeroAPI"), documentation ("NeroAPI-
Documentation"), a sample code how to use NeroAPI ("NeroAPI-Samples"), a library 
("NeroAPI-Lib"), include files ("NeroAPI-Include"), a Command Line Tool 
("NeroCmd") including Source Code ("NeroCmd-Source Code") and documentation 
("NeroCmd-Documentation") and an Audio Plug-in Manager documentation and source code
("AudioPluginManager-Documentation"), ("AudioPlugin-Samples"). NeroCmd-Source Code
and AudioPlugin-Source Code could be used for building customized versions of NeroCmd
and AudioPlugins. Those customized versions shall not be described as NeroCmd, nor as
AudioPlugin-Sample, but shall be considered as APPLICATION SOFTWARE.

Ahead Software grants you a license to use this Product ("NeroSDK") in accordance 
with the terms of this License. The software, tools and utilities, accompanying 
this License, whether in Source Code or Object Code, whether on disk, on compact 
disc, available by download from www.nero.com, or any other media are licensed, not 
sold, to you by Ahead Software.  NeroSDK and any copies and modifications which 
this License authorizes you to make are subject to this License. The copyright and 
all other rights in NeroSDK or its modifications, derivatives, and merged portions 
thereof, are protected under international copyright laws.


2.) License Grant. This License allows you to use NeroSDK solely for developing 
APPLICATION SOFTWARE. Ahead Software grants to you as an individual (or an entity 
in the strictly limited circumstances specified below), a personal, non-exclusive, 
non-sublicensable, non-transferable license under Ahead Software's copyrights to 
use, copy, modify NeroSDK for your own internal operations of designing, developing 
and testing new APPLICATION SOFTWARE. In order to develop APPLICATION SOFTWARE, you 
may incorporate NeroAPI-Include, NeroAPI-Lib, AudioPlugin-Include and/or parts or
all of NeroCmd-Source Code and AudioPlugin-Source Code into your program and compile
in combination with your own program. Internal operation shall mean your use to
develop APPLICATION SOFTWARE, but shall not include providing NeroSDK in full or in
parts in any form whatsoever to any third party via download, time sharing, service
bureau or in any other manner.

NeroSDK is considered to be in use on a computer when it is loaded into temporary 
memory or installed into permanent memory. You may install a copy of NeroSDK on 
only one specific computer provided that you are the owner of the computer and the 
only individual using NeroSDK. After a copy of NeroSDK has been used on a computer, 
it may not be used on any other computer, unless you first accept a license of 
NeroSDK for each other computer. If you are an entity, Ahead Software grants you 
for each license the right to designate one individual within your organization to 
have the right to use NeroSDK in the manner provided above. You may also store or 
install a copy of NeroSDK on a storage device, such as a network server, used only 
to install or run NeroSDK on your other computers over an internal network; 
provided that you first accept and dedicate a license for each separate computer on 
which NeroSDK will be installed or run from the storage device. A license for 
NeroSDK may not be shared or used concurrently on different computers. NeroSDK is 
only available from Ahead Software and shall not be passed to third partys or 
entities without prior written consent by Ahead Software.

NeroSDK will use the embedded NeroAPI-Engine and the AudioPluginManager of Nero
Burning ROM. Therefore, the Nero Burning ROM product needs to be installed prior
to using NeroAPI-Engine, AudioPluginManager or NeroSDK, or parts thereof. This
means that for each computer on which you plan to use NeroSDK you must acquire a
license of Nero Burning ROM. All functionalities of NeroSDK will be available only
when the most current version of Nero Burning ROM is installed on the system. The
NeroSDK will also work with fewer functionalities provided that at least Nero
Burning ROM version 5.5.3.5 is installed, for using the AudioPlugManager at least
Nero Burning ROM 5.5.9.0 must be installed. Ahead Software and its licensors do not
and cannot warrant, that future versions of Nero Burning ROM will support NeroSDK.
At Ahead's sole discretion, future versions of Nero Burning ROM might not include
the NeroAPI-Engine or the AudioPluginManager, or only a limited feature set of the
current or future versions of NeroAPI-Engine or the AudioPluginManager.

You may distribute your APPLICATION SOFTWARE in object code and/or source code form 
only provided that (i) you advise your customers that for the burning process of 
your APPLICATION SOFTWARE a license of Nero Burning ROM must be acquired and 
available for each computer of your customer and you advise your customers that the 
initialising of NeroAPI-Engine on the processor of the customer must have been 
completed successfully, (ii) you distribute such code under the terms and conditions 
of an end user license agreement with terms no less protective than the provisions 
contained in this NeroSDK License, (iii) you include a copyright notice reflecting 
your copyright ownership in such APPLICATION SOFTWARE, (iv) you shall be solely 
responsible to your customers for any update or support obligation or other 
liability which may arise from such distribution, (v) you shall not make any 
statements that your APPLICATION SOFTWARE is "certified," or that its performance is 
guaranteed, by Ahead Software, (vi) your APPLICATION SOFTWARE has substantial 
different functionalities than NeroSDK and is not a developer kit itself, (vii) you 
do not describe or represent your APPLICATION SOFTWARE as NeroSDK, (viii) you do not 
use Ahead Software's name or trademarks to market your APPLICATION SOFTWARE without 
the prior written consent of Ahead Software and (ix) your APPLICATION SOFTWARE does 
not support CD and/or DVD recording by any other third-party-tool, third-party-SDK 
or by itself.  Use of Nero Burning ROM, NeroAPI-Engine, AudioPluginManager and/or
any other software of Ahead Software is subject to the applicable end user license
agreement for such software even if such software is supplied to you in connection
with this License. You may distribute Ahead Software's Nero Burning ROM, the
NeroAPI-Engine, the AudioPluginManager or NeroCmd with your APPLICATION SOFTWARE
only under a separate license from Ahead Software. Ahead Software is under no
obligation to provide any support, assistance, training or other services under this
License, including updates, upgrades or future versions of NeroSDK, Nero Burning ROM
and/or any component thereof, to you, to end users, or to any other party. Any
further developer support, software licensing, trademark licensing and trademark
usage information that may be available is accessible through www.nero.com. 

Users without Nero Burning ROM installed may be advised to download Nero Burning 
ROM from www.nero.com.

Except as expressly permitted in this License, you may not decompile, reverse 
engineer, disassemble, modify, rent, lease, loan or create derivative works of 
NeroSDK in whole or part and you are granted no other license or right with respect 
to NeroSDK directly or by implication, estoppel or otherwise. The following is
strictly prohibited: using the AudioPluginManager, the AudioPluginManager-
Documentation or the AudioPluginManager-Includes for playing, decoding and/or
encoding of audio formats from any APPLICATION SOFTWARE, which is not itself an
AudioPlugin.

Notwithstanding any other provision of this Agreement, you may not use NeroSDK in a 
manner inconsistent with any written agreement between Ahead Software and you or 
your employer, or after termination or expiration of any such agreement. 


3.) Copyright.  All title and copyrights in and to NeroSDK (including but not 
limited to any images, photographs, animations, video, audio, music, text, and 
"applets" incorporated into the NeroSDK) and any copies of NeroSDK are owned by 
Ahead Software or its licensors. NeroSDK is protected by copyright laws and 
international treaty provisions. Therefore, you must treat NeroSDK like any other 
copyrighted material except that you may install NeroSDK on a single computer 
provided you keep the original solely for backup or archival purposes. 

4.) Disclaimer of Warranty. AHEAD SOFTWARE AND ITS LICENSORS DO NOT AND CANNOT 
WARRANT THE PERFORMANCE OR RESULTS YOU OR END USERS MAY OBTAIN BY USING NEROSDK. 
EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH 
THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR 
JURISDICTION, AHEAD SOFTWARE AND ITS LICENSORS MAKE NO WARRANTIES, CONDITIONS, 
REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, 
CUSTOM, USAGE OR OTHERWISE AS TO NEROSDK OR ANY COMPONENT THEREOF, INCLUDING BUT 
NOT LIMITED TO FUTURE AVAILABILITY AND SUPPORT OF NEROSDK, NON-INFRINGEMENT OF 
THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS 
FOR ANY PARTICULAR PURPOSE.
Some states or provinces do not allow the exclusion of implied warranties so the 
above limitations may not apply to you. You may have rights that vary from 
jurisdiction to jurisdiction. 
5.) Limitation of Liability. IN NO EVENT WILL AHEAD SOFTWARE OR ITS LICENSORS BE 
LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER ARISING FROM THIS LICENSE 
AND/OR YOUR USE OF NEROSDK OR ANY COMPONENT THEREOF, INCLUDING WITHOUT LIMITATION 
ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, LOSS OF USE OR DATA, INTERRUPTION 
OF BUSINESS, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN AHEAD SOFTWARE 
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR 
COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS 
APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. AHEAD 
SOFTWARE'S AGGREGATE LIABILITY AND THAT OF ITS LICENSORS UNDER OR IN CONNECTION 
WITH THIS LICENSE SHALL BE LIMITED TO TEN US DOLLARS (US $ 10.00). 
Because some states and jurisdictions do not allow the exclusion or limitation of 
liability for consequential or incidental damages, the above limitation may not 
apply to you.
6.) Indemnification. You agree to defend, indemnify and hold Ahead Software and its 
licensors harmless from and against any claims or lawsuits, including attorney's 
reasonable fees, that arise or result from the use of APPLICATION SOFTWARE, 
provided that Ahead Software gives you prompt written notice of any such claims, 
tenders to you the defense or settlement of such a claim at your expense, and 
cooperates with you, at your expense, in defending or settling such claim.
7.) General. This License constitutes the complete and exclusive agreement between 
Ahead Software and you with respect to the subject matter hereof, and supersedes 
all prior oral or written understandings, communications or agreements not 
specifically incorporated herein. You may not assign your rights or obligations 
granted under this License without the prior written consent of Ahead Software. 
None of the provisions of this License shall be deemed to have been waived by any 
act on the part of Ahead Software, but only by an instrument in writing signed by 
an authorized signatory of Ahead Software. If any provision of this agreement is 
held to be unenforceable for any reason, such provision will be reformed only to 
the extent necessary to make it enforceable, and such decision will not affect the 
enforceability (i) of such provision under other circumstances, or (ii) of the 
remaining provisions hereof under all circumstances. The failure of either party to 
enforce any of the provisions hereof will not be construed to be a waiver of the 
right of such party thereafter to enforce such provisions. Any and all remedies 
herein expressly conferred upon a party will be deemed cumulative and not exclusive 
of any remedy conferred hereby or by law, and the exercise of any one remedy will 
not preclude the exercise of any other. Headings will not be considered in 
interpreting this Agreement.
This License will be governed by and construed in accordance with the substantive 
laws in force in the Federal Republic of Germany. The respective law courts of 
Karlsruhe, Germany, shall have non-exclusive jurisdiction over all disputes 
relating to this License. This License will not be governed by the conflict of law 
rules of any jurisdiction or of the United Nations Convention on contracts for the 
International Sale of Goods, the application of which is expressly excluded.
You acknowledge that you have read this License, understand it, and that it is the 
complete and exclusive statement of your agreement with Ahead Software which 
supersedes any prior agreement, oral or written, between Ahead Software and you with 
respect to the licensing to you of this NeroSDK. No variation of the terms of this 
License will be enforceable against Ahead Software unless Ahead Software gives its 
express prior consent in a writing signed by an authorized signatory of Ahead 
Software. 

Your rights under this License will terminate automatically without notice from 
Ahead Software if you fail to comply with any term(s) of this License. 

(c) Copyright Ahead Software AG May 2003. All rights reserved.



ANNEX A
Package content
---------------


\NeroAPI
	\Doc		NeroAPI-Documentation
	\Include	NeroAPI-Include files
	\Lib		NeroAPI Glue library file
	\Samples	NeroAPI Example programs source code with Visual C++ 6 workspace

\NeroCmd		NeroCmd executable file
	\Doc		NeroCmd-Documentation
	\Src		NeroCmd-Source Code

\AudioPluginManager
	\Doc		AudioPluginManager-Documentation
	\Include	AudioPluginManager-Include files
	\Common		AudioPluginManager Utility source files
	\Samples	AudioPluginManager Example source code



Feedback
--------
If you find bugs, errors or have any suggestions, you can send e-mails to the 
following address: NeroSDK@nero.com. Your comment will be taken into account for 
the future releases, but will not be replied. But please do not send any technical 
questions related to NeroSDK. Unfortunately, we do not have enough resources to 
provide individual support for this product. If you have any questions concerning 
this License, you can contact us at legal@nero.com.
