Wowza™ Media Systems, LLC

END USER LICENSE AGREEMENT
for

Wowza Streaming Engine™ 4 Software
And Related Software Products and Services
Thank you for choosing software from Wowza Media Systems, LLC. This End
User License Agreement (this “EULA”) is a legally binding license agreement between
you and Wowza Media Systems, LLC that describes your rights to use software andservices provided by Wowza, including Wowza Streaming Engine software and technicalsupport and maintenance for that software.
This EULA is divided into various sections, including the following License
Overview that provides a summary of the EULA. Please read this EULA carefully and inits entirety before clicking “I AGREE”, installing, or using Wowza Streaming Engine
software or other software provided to you by Wowza.
BY SELECTING “I AGREE” DURING INSTALLATION OF THE SOFTWARE,
OR BY DOWNLOADING, INSTALLING, COPYING, OR USING SOFTWAREPROVIDED BY WOWZA, OR BY OTHERWISE SIGNIFYING YOUR ACCEPTANCE
OF THIS EULA, YOU ACKNOWLEDGE AND AGREE: (1) THAT YOU HAVE READ
AND UNDERSTAND THIS AGREEMENT; (2) THAT YOU AGREE TO BE BOUND BY
EACH AND EVERY TERM OF THIS EULA; AND (3) IF YOU ARE ENTERING INTO
THIS AGREEMENT ON BEHALF OF A COMPANY, THAT YOU HAVE THE POWER
AND AUTHORITY TO DO SO AND TO BIND SUCH COMPANY.
IF YOU DO NOT AGREE TO EACH AND EVERY TERM AND CONDITION OF
THIS EULA, YOU MAY NOT USE ANY SOFTWARE PROVIDED BY WOWZA. If you
do not agree with each and every of the terms and conditions of this EULA, do not click“I ACCEPT” or otherwise take any action that signifies your agreement to this EULA andreturn the software to Wowza immediately. Wowza will gladly provide you with a refundof any license fees paid if you have not installed or used the software provided by
Wowza.
Although this EULA contains specific terms and conditions for how Wowza may
update or modify this EULA, the most current version of license agreements for Wowza
software are available on the Wowza Website. If you have questions about this EULA orin the future would like to request a copy of the license agreement that you entered into,
please email info@wowza.com.

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

Wowza Streaming Engine 4 EULA (20201204)

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

Wowza Streaming Engine 4 EULA (20201204)

-- LICENSE AGREEMENT -1. DEFINITIONS.
1.1 “Additional Terms” means those terms and conditions referred to herein, such as
terms and conditions on the Wowza Website, along with the License Overview and thetext preceding the License Overview.
1.2 “AddOn” is a subset of Software (defined below), and means any one (1) of theadditional software features offered by Wowza that compliments the Software.
1.3 “Channel” means one (1) unique media stream for input into one (1) unique
Instance of the Software.
1.4 “Concurrent Connections” means the total number of simultaneous connections
to the Software.
1.5 “Content” means any video, audio, data, and other input to or output from theSoftware.
1.6 “EULA” means this End User License Agreement, including the preceding text
and License Overview and Additional Terms.
1.7 “Instance” means one unique installation of the Software on a Server.
1.8 “License Key” means an alphanumeric code or similar installation, access, or
usage control code issued to you by Wowza to activate and use one (1) or more
Instances of the Software on one (1) or more single Servers, depending on your specific
Wowza license type.
1.9 “Offline License Key” means a type of License Key that is not required to “callinto” and connect with Wowza licensing servers. Offline License Keys include License
Keys tied to a “MAC address” or a USB device.
1.10“Player” means the audiovisual player software that may be provided to
You by Wowza from time to time.
1.11“Sample Code” means sample source code or scripts distributed by
Wowza from time to time and identified as such when provided to you.
1.12
“Server” means a single physical computer running no more than one (1)unique copy of an operating system. Multiple Servers include: (i) multiple computersthat share processing power or operate in a networked configuration as a single logicalcomputer, such as a “server farm,” “cluster,” or similar arrangement; and (ii) multiple
virtual machines within a technical environment that partitions a physical computer into
multiple virtual machines such that each virtual machine has the appearance andcapability of running on its own dedicated machine.
1.13“Services” means maintenance and support services, and includes
Support, Updates, and Upgrades.
Wowza Streaming Engine 4 EULA (20201204)

1.14“Services Period” means the period(s) of time during which you havepurchased the right to obtain the Services. License Keys each have individual Services
Periods.
1.15“Software” means software products owned or distributed by Wowza thatare licensed to you under this EULA including, but not limited to, any related AddOns,
components, application programming interfaces, associated media, printed materials,
online or electronic documentation, and any updates, maintenance releases, bug fixes,
corrections, enhancements, or other modifications thereto. Except where explicitly
stated otherwise, “Software” includes the Player (as defined above).
1.16 “Support” means the provision of technical assistance by Wowza to you
according to Wowza’s then-current policies. Support includes, at a minimum, technicalsupport related to the Software provided by email communication with a Wowza
representative.
1.17 “Total Number of Instances” means the maximum concurrent number ofInstances you are using or have used during any billing period, as calculated by Wowza
according to its then-current policies and procedures.
1.18 “Total Number of Channels” means the maximum concurrent number ofChannels you are using or have used during any billing period in connection with a
Wowza Streaming Engine Monthly Edition License or a Wowza Streaming Engine Daily
Edition License, as calculated by Wowza according to its then-current policies andprocedures.
1.19“Upgrade” means newer versions of the Software that may utilize adistinct installer package and may require an additional License Key, commonly referred
to as a “full version” or “dot” release. For example, transitioning from Wowza Streaming
Engine 4 version 4.0 to Wowza Streaming Engine 4 version 4.1 would require an
Upgrade.
1.20“Update” means updates, fixes, or other relatively minor modifications to
the Software, which are applied through Wowza’s update process. For example,
transitioning from Wowza Streaming Engine 4 version 4.0 to Wowza Streaming Engine 4
version 4.0.0.01 would require an update.
1.21 “Wowza” means Wowza Media Systems, LLC, 7171 W Alaska Drive,
Lakewood, CO 80226 USA, and its affiliates.
1.22 “Wowza Trademarks” mean all names, trademarks, service marks, trade
names, logos, designs, trade dress, domain names, and other brand designations used,registered, owned, or licensed by Wowza in connection with its products and services.
1.23 “Wowza Website” means www.wowza.com, its constituent pages, and otherwebsites owned, managed, or operated by Wowza.
1.24 “You” or “you” means, and references to “Your” or “your” shall be deemedreferences to: (i) the natural person, the legal entity, or both, that is or are agreeing tothis EULA by downloading, installing, copying, or using the Software; (ii) your employees
Wowza Streaming Engine 4 EULA (20201204)

and third party contractors or the employees and third party contractors employed or
engaged by the legal entity agreeing to this EULA; (iii) your customers who use theSoftware; and (iv) any other third party that uses or gains access to the Software or a
License Key, whether with your permission or otherwise.
1.25 “Your Email Address” or “your Email Address” means the electronic mail(commonly referred to as “email”) address you provided Wowza, either when you
downloaded the Software from the Wowza Website, obtained a License Key from
Wowza, or at some other time. In the event you have provided multiple electronic mailaddresses to Wowza, Wowza may use the electronic mail address of its choosing for
purposes of communication regarding the Software or Services, or for communications
required or permitted by this EULA, unless you have explicitly notified Wowza that a
specific electronic mail address should be removed from Wowza’s records.
2. LICENSE GRANTS; TITLE; USAGE BY THIRD PARTIES.
2.1
Software Licensed, Not Sold. The Software is licensed, not sold. This EULA
does not transfer or modify any ownership rights related to the Software, which are
exclusively held by Wowza and its licensors.
2.2
License Grant to the Software Except for Player. Subject to the terms of this
EULA and payment of applicable fees, Wowza hereby grants you a limited, world-wide,
non-exclusive, non-transferable, revocable license, without rights to sublicense, todownload and install the Software, except for the Player, on one (1) Server, and to use
the Software for the purposes set forth in the applicable Software documentation, to theextent permitted by your payment of applicable fees and the specifications of yourspecific license grant and license type, as further described herein. Source Code, fromwhich the Software or Player object code is derived (except for source code contained inany Sample Code), is not being provided or licensed to you and is a valuable trade
secret of Wowza and its licensors.
2.3
License Grant to the Player Software. Subject to the terms of this EULA andpayment of applicable fees, Wowza hereby grants you a limited, world-wide, nonexclusive, non-transferable, revocable license, without rights to sublicense, to download,use, access, operate, integrate, and install the Player on Your websites, solely for the
purpose of facilitating playback and streaming of Content on Your website, where suchContent has been streamed from a Wowza service or a Wowza server Instance to thePlayer. You may not distribute, re-license, sell, lease, transfer, or make the Player
available for public use. For the avoidance of doubt, as used in this EULA, “Software”
includes the Player except where expressly stated otherwise. The scope of the Player
license granted to You by Wowza, the Player features and functionality made available
to You, and the Player limitations applicable to You, will each vary according to thecommercial terms pursuant to which Wowza provides You with the Player. Wowza
reserves the right to change the scope of the Player license granted to You, and thefeatures, functionality, and limitations regarding the Player applicable to You, at any time
and without prior notice to You; Your continued use of the Player following receipt ofnotice of any such change constitutes your acceptance of such change. WHILE USINGTHE SOFTWARE AND THE PLAYER, YOU MUST USE AND COLLECTINFORMATION ABOUT PEOPLE WHO VIEW CONTENT IN A LEGALLY COMPLIANT
MANNER, AND PROVIDE REQUIRED AND CUSTOMARY PRIVACY NOTICES ANDDISCLAIMERS.
Wowza Streaming Engine 4 EULA (20201204)

2.4
Sample Code. You may download, install, use, copy, and modify Sample
Code provided to you by Wowza, if any. Sample Code is distributed on an "AS IS"
BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or
implied.
2.5
Title. Wowza retains all right, title, and interest in and to the Software, copiesof the Software, Sample Code, and License Keys, and in and to all related copyrights,
trade secrets, patents, trademarks, service marks, domain names, and other intellectual
and industrial property and proprietary rights, including registrations, applications,renewals, and extensions of such rights.
2.6
Rights Reserved. Any and all rights not expressly granted to you by this
EULA are reserved in all respects by Wowza.
2.7
Usage by Others. You agree to reasonably communicate the terms andconditions of this EULA to anyone who may or will come into contact with the Software,
License Keys, and other intellectual property of Wowza, including without limitation, yourcustomers, employees, and contractors. You agree to use best efforts to ensure theircompliance with the terms and conditions of this EULA and you agree to be solely
responsible for any failure by a third party to comply with this EULA.
3. LICENSE RESTRICTIONS. In addition to the other restrictions herein, you shallnot:3.1
copy the Software except for a reasonable number of machine-readable
copies of the Software for backup or archival purposes only;
3.2
remove, alter, or obfuscate any titles, Wowza Trademarks, trademarks,
service marks, trade names, copyright notices, legends, watermarks, or other proprietarymarkings on or in the Software or Sample Code;
3.3
sell, lease, license, sublicense, rent, assign, distribute, or otherwise transfer
or share, in whole or in part, the Software or License Key(s), or your rights in or to thesame, to another party, including rights on a membership, subscription, or hosted basis;
3.4

modify or create derivative works based upon the Software;

3.5
decompile, disassemble, reverse engineer, or otherwise attempt to derivesource code from the Software, in whole or in part;
3.6
unbundle, break apart or repackage the Software or any of its component
parts for any reason whatsoever;
3.7

bundle or distribute the Software in any manner whatsoever;

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

Wowza Streaming Engine 4 EULA (20201204)

3.9
use the Software to transmit, reproduce, store, or share Content that you do
not have the right to transmit, reproduce, store, or share;
3.10 at any time provide an evaluation license to the Software to any other personor entity, or otherwise permit any other person or entity to evaluate the Software;
3.11

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

3.12 use, or permit third parties to use the Software in any situation in which the
failure of the Software to operate, or to operate without error or delay, could result ininjury, harm, or death to any person or entity;
3.13 make any statements, warranties, or representations concerning the Software
or Sample Code that exceed or are inconsistent with the documentation provided by
Wowza;
3.14 export or re-export the Software except in compliance with applicable law,
including, without limitation, the applicable provisions of the United States Export
Administration Act and its related rules and regulations, along with applicableinternational export laws, rules, and regulations;3.15 Use or collect information about people who come into contact with theSoftware or receive Content, that is in any way illegal, violates the rights of such people,
or is otherwise prohibited; or
3.16 assist, encourage, or permit any other person or entity to do anythingprohibited or not permitted by this EULA.
4. LICENSE TYPES AND ADDITIONAL LICENSE RESTRICTIONS. The Software
is licensed under various types of licenses. For example, Wowza offers perpetual,subscription, and trial licenses to the Software as three distinct license “types.” Each
License Key enables your use of the Software under a single license type – in otherwords, your use of the Software is specifically limited to one (1) license type per License
Key. Significant additional details, limitations, and restictions regarding license
types and costs, including for example, whether certain features are enabled witha specific license type, may be provided on the Wowza Website or in othercommunications from Wowza to you, and that information incorporated herein byreference. Not all types of licenses are available to every customer and therequirements for obtaining a specific license type are available from Wowza andmay be provided on the Wowza Website.
4.1 Determining your License Type. In general, the type of license to the Softwarethat you hold can be determined by examining the purchase documents received from
Wowza (such as a receipt), the ordering, purchase, and confirmation webpages on the
Wowza Website, or the License Key obtained from Wowza. A list of your License Keysand information about those License Keys is viewable in the Wowza Streaming Engine
Manager.
4.1.1 A trial license type is denoted by the words “Trial” or “Trial Edition”, and a
License Key beginning “ET…”

Wowza Streaming Engine 4 EULA (20201204)

4.1.2 A developer license type is denoted by the words “Developer” or“Developer Edition”, and a License Key beginning “EDEV4”.
4.1.3“ERDA4”.

An R&D license type is denoted by “R&D”, and a License Key beginning

4.1.4 A testing license type is denoted by the word “Testing” and a License Key
beginning “ETEA4”.
4.1.5 A perpetual license type is denoted by the words “Perpetual” or“Perpetual Edition”, and a License Key beginning “ENGP4”, “ENPN4”, “EPB14”,“EPBU4”, “ENCU4”, “ENCM4”, “ENCC4”, “ENC04”, or “ENCG4”.
4.1.6 A subscription license type is denoted by the words “Daily”, “Monthly”, or“Annual”, and a License Key beginning “ENGD4” or “ENGM4”.
4.1.7 A developer program license type is denoted by the words “Developer
Program” and a License Key beginning “EDPA4”.
4.2 Trial and Developer License Types. This section applies only if you haveobtained a valid Wowza Streaming Engine Trial Edition License Key or a valid Wowza
Streaming Engine Developer Edition License Key to the Software, or are otherwise using
the Wowza Streaming Engine Trial Edition Software or Wowza Streaming Engine
Developer Edition Software. In addition to the other terms contained herein, for eachseparate, unique, and valid Wowza Streaming Engine Trial Edition License Key or
Wowza Streaming Engine Developer Edition License Key:
4.2.1 your license to the Software is limited to one (1) Instance of the Softwareon one (1) Server;
4.2.2 your license to the Software expires automatically without notice, either
thirty (30) or one-hundred and eighty (180) calendar days following the date the License
Key is issued to you, as provided on the Wowza Website and in your Wowza
documentation;
4.2.3 you shall not use the Software for any commercial purposes whatsoever
or in any manner intended to benefit, aid, or assist a third party; and4.2.4 your license to the Software is limited to a maximum number of ten (10)Concurrent Connections;4.2.5 you shall not apply clustering, load balancing, or other operational
performance improvements to any Server on which the Wowza Streaming Engine Trial
Edition Software or Wowza Streaming Engine Developer Edition Software is installed,
used, or accessed; and4.2.6 your license to the Software may also include feature limitations as more
fully described in the applicable documentation for the Software or on the Wowza
Website.

Wowza Streaming Engine 4 EULA (20201204)

4.3 R&D License Type. This section applies only if you have obtained a valid
Wowza Streaming Engine R&D Edition License Key to the Software, or are otherwise
using the Wowza Streaming Engine R&D Edition Software. In addition to the otherterms contained herein, for each separate, unique, and valid Wowza Streaming Engine
R&D Edition License Key:
4.3.1 your license to the Software is limited to one (1) Instance of the Softwareon one (1) Server;
4.3.2 your license to the Software expires automatically without notice threehundred and sixty-five (365) calendar days following the date the License Key is issued
to you;4.3.3 you shall not use the Software for any commercial purposes whatsoever
or in any manner intended to benefit, aid, or assist a third party;
4.3.4 your license to the Software is limited to a maximum number of ten (10)Concurrent Connections;4.3.5 you shall not apply clustering, load balancing, or other operational
performance improvements to any Server on which the Wowza Streaming Engine R&D
Edition Software is installed, used, or accessed; and4.3.6 your license to the Software may also include feature limitations as more
fully described in the applicable documentation for the Software or on the Wowza
Website.
4.4 Testing License Type. This section applies only if you have obtained a valid
Wowza Streaming Engine Testing Edition License Key to the Software, or are otherwise
using the Wowza Streaming Engine Testing Edition Software. In addition to the otherterms contained herein, for each separate, unique, and valid Wowza Streaming Engine
Testing Edition License Key:
4.4.1 your license to the Software is limited to one (1) Instance of the Softwareon one (1) Server;
4.4.2 your license to the Software expires automatically without notice thirty(30) calendar days following the date the License Key is issued to you;
4.4.3 you shall not use the Software for any commercial purposes whatsoever
or in any manner intended to benefit, aid, or assist a third party;
4.4.4 your license to the Software may also include feature limitations as more
fully described in the applicable documentation for the Software or on the Wowza
Website.
4.5 Perpetual License Type. This section applies only if you have obtained a valid
Wowza Streaming Engine Perpetual Edition License Key to the Software, or areotherwise using the Wowza Streaming Engine Perpetual Edition Software. In addition tothe other terms contained herein, for each separate, unique, and valid Wowza Streaming
Engine Perpetual Edition License Key:
Wowza Streaming Engine 4 EULA (20201204)

4.5.1 your license to the Software is limited to one (1) Instance of the Softwareon one (1) Server; and4.5.2 you may be required to obtain a separate Software license and License
Key for each paid AddOn that will be used with a Wowza Streaming Engine Perpetual
Edition license and your use of such AddOns, if any, shall be additionally governed by
the applicable provisions herein.
4.6 Subscription License Types. This section applies only if you have obtained avalid Wowza Streaming Engine monthly subscription License Key, a valid Wowza
Streaming Engine annual subscription License Key, or a valid Wowza Streaming Engine
daily subscription License Key to the Software, or you are otherwise using the Wowza
Streaming Engine monthly subscription Software, Wowza Streaming Engine annual
subscription Software, or Wowza Streaming Engine daily subscription Software. In
addition to the other terms contained herein and in documentation provided by Wowza
and on the Wowza Website, for each separate, unique, and valid Wowza Streaming
Engine monthly subscription Software License Key, Wowza Streaming Engine Annual
subscription License Key, or Wowza Streaming Engine Daily Edition Software LicenseKey:
4.6.1 notwithstanding Section 2 (License Grant), your license to the Software
allows you to use one (1) or more Instances of the Software on one (1) or more Servers;
4.6.2 notwithstanding Section 3 (License Restrictions), you have the right tolease, sublicense, and rent to another party your rights to use the Software, solely for the
purposes of use in a membership, subscription, or hosted service arrangement, and inany event subject to the terms of this EULA;
4.6.3 notwithstanding Section 3 (License Restrictions), you have the right toprovide use of the Software in a third party outsourcing facility on a service or service
bureau arrangement, or on a time-sharing basis, subject to the terms of this EULA;
4.6.4 Wowza shall use the Total Number of Instances and Total Number ofChannels to calculate your annual, monthly, or daily fee, as set forth on the Wowza
Website and in documentation from Wowza. You shall pay the annual, monthly, or daily
fee in U.S. dollars according to the payment policies set forth on the Wowza Website. In
the event you have obtained a valid Wowza Streaming Engine Annual subscription
License Key, your annual subscription License Key permits you to use a Total Numberof Instances up to and including the number of “server instances” you obtained and paid
for; if your Total Number of Instances at any time exceeds the number of “server
instances” you have obtained and paid for, your payment method on file with Wowza willautomatically be charged the then-current rate for the number of monthly Instances
required to meet the Total Number of Instances calculated by Wowza for such period;
you may increase the number of annual “server instances” included in your subscription
at any time through the “my account” section of the Wowza Website. The annual,monthly, or daily fee shall be a net amount, exclusive of all taxes, and is not subject tooffset or reductions because of any costs, expenses, disputes, or liabilities incurred by
you or imposed on you;

Wowza Streaming Engine 4 EULA (20201204)

4.6.5 Wowza reserves the right to change the annual, monthly, and daily feesto be paid by you, as set forth on the Wowza Website, at any time without advancenotice and in Wowza’s sole discretion; changes in license fees will be posted on the
Wowza Website and may additionally be provided to you by email to your Email
Address;
4.6.6 in the event Wowza does not receive amounts due from you to Wowza
related to your annual, monthly, or daily subscription(s) by the due date for any reason,or your payment is disputed, declined, reversed, refused, charged back, or dishonored,
Wowza shall have the right to immediately terminate your license to the Software without
further notice to you;
4.6.7 in the event any overdue amount owed by you is not paid following ten(10) days notice from Wowza to your Email Address, then in addition to the amount due,
Wowza may impose and you shall pay a late payment charge in addition to the overdue
amount at the rate of one percent (1%) per month on such overdue amount, or thehighest amount allowable by applicable law, whichever is higher;
4.6.8 your license to the Software may permit the use of paid and free AddOns(which may require additional payment), provided, however, that your use of such
AddOns shall be additionally governed by the applicable provisions herein as if you had
been issued a separate, unique License Key to such AddOn;
4.6.9 Wowza may, in its sole discretion, discontinue or limit the supply oravailability of the Software at any time;
4.6.10 in the event this EULA is terminated for any reason, your obligation to pay
the annual, monthly, or daily fees accrued prior to the date of termination shall survive
termination of this EULA;
4.6.11 you agree to keep a valid form of payment on file with and available to
Wowza, in the system or systems dictated by Wowza, at all times.
4.7 Wowza Transcoder AddOn (1-channel) License. This section applies only if you
have obtained a valid Wowza Transcoder AddOn (1-channel) License Key to theSoftware, or are otherwise using the Wowza Transcoder AddOn (1-channel) Software.
Transcoder AddOn (1-channel) License Keys begin with “TRN14”. In addition to theother terms contained herein, for each separate, unique, and valid Wowza Transcoder
AddOn (1-channel) License Key:
4.7.1 your license to the Wowza Transcoder AddOn (1-channel) Software islimited to one (1) Instance of the Wowza Transcoder AddOn (1-channel) Software onone (1) Server for use with no more than one (1) Instance of Wowza Streaming Engine
Perpetual Edition Software, which shall permit you to transcode no more than one (1)Channels;
4.7.2 you must obtain at least one (1) Wowza Streaming Engine Perpetual
Edition license to use one (1) or more Wowza Transcoder AddOn (1-channel) licenses;
andWowza Streaming Engine 4 EULA (20201204)

4.7.3 you may use more than one (1) Wowza Transcoder AddOn (1-channel)
license with each Wowza Streaming Engine Perpetual Edition Instance.
4.8 Wowza Transcoder AddOn (Unlimited) License. This section applies only if you
have obtained a valid Wowza Transcoder AddOn (Unlimited) License Key to theSoftware, or are otherwise using the Wowza Transcoder AddOn (Unlimited) Software.
Transcoder AddOn (Unlimited) License Keys begin with “TRNU4”. In addition to theother terms contained herein, for each separate, unique, and valid Wowza Transcoder
AddOn (Unlimited) License Key:
4.8.1 your license to the Wowza Transcoder AddOn (Unlimited) Software islimited to one (1) Instance of the Wowza Transcoder AddOn (Unlimited) Software on one(1) Server for use with no more than one (1) Instance of Wowza Streaming Engine
Perpetual Edition Software, which shall permit you to transcode an unlimited number ofChannels; and4.8.2 you must obtain at least one (1) Wowza Streaming Engine Perpetual
Edition License to use one (1) or more Wowza Transcoder AddOn (Unlimited) licenses.
4.9 Wowza DRM AddOn License. This section applies only if you have obtained avalid Wowza DRM AddOn License Key to the Software, or are otherwise using the
Wowza DRM AddOn Software. DRM AddOn License Keys begin with “DRMA4”. In
addition to the other terms contained herein, for each separate, unique, and valid
Wowza DRM AddOn License Key:
4.9.1 your license to the Wowza DRM AddOn Software is limited to one (1)Instance of the Wowza DRM AddOn Software on one (1) Server for use with no morethan one (1) Instance of Wowza Streaming Engine Perpetual Edition Software;
4.9.2 you may not use more than one (1) Wowza Streaming Engine Perpetual
Edition license with each one (1) Wowza DRM AddOn Software license; and4.9.3 you may not use more than one (1) Wowza DRM AddOn Software licensewith a single (1) Wowza Streaming Engine Perpetual Edition license.
4.10
Wowza nDVR AddOn License. This section applies only if you haveobtained a valid Wowza nDVR AddOn License Key to the Software, or are otherwise
using the Wowza nDVR AddOn Software. nDVR AddOn License Keys begin with
“DVRA4”. In addition to the other terms contained herein, for each separate, unique,and valid Wowza nDVR AddOn License Key:
4.10.1 your license to the Wowza nDVR AddOn Software is limited to one (1)Instance of the Wowza nDVR AddOn Software on one (1) Server for use with no morethan one (1) Instance of Wowza Streaming Engine Perpetual Edition Software;
4.10.2 you may not use more than one (1) Wowza Streaming Engine Perpetual
Edition license with each one (1) Wowza nDVR AddOn license; and4.10.3 you may not use more than one (1) Wowza nDVR AddOn Software
license with a single (1) Wowza Streaming Engine Perpetual Edition license.

Wowza Streaming Engine 4 EULA (20201204)

5.
LICENSE KEY INTEGRITY; DATA COLLECTION. In addition to the typesof licenses discussed in Section 4, above, Wowza offers different types of License Keys.
In general, License Keys are either “online” or “offline”. Offline License Keys are definedin Section 1. The type of License Key you obtain from Wowza dictates further
requirements and restrictions, as described in this Section 5.
5.1 Non-Offline License Keys.
5.1.1 Unless you have an Offline License Key, the Software shall periodically
call into and connect with hardware, software, or other systems designated by Wowza toassist Wowza in validating your Software license; you shall permit the Software to do so.
Information that may be collected by Wowza for this purpose shall include, without
limitation: (i) the version of Software you are using; (ii) a global unique identifier (“GUID”)
based on such version; (iii) your operating system and processor information; (iv)
information regarding your usage of the Software; (v) your Java version information; (vi)whether you are using a particular feature or not; and (vii) your AddOn usage, if any.
Wowza will take ordinary care to protect information collected pursuant to this Section
but may use such information in any way and for any purpose, in its sole discretion.
5.1.2 Unless you have an Offline License Key, in the event the Software fails toperiodically call into and connect with the hardware, software, or other systems
designated by Wowza, Wowza shall have the right to terminate your license to use theSoftware without further notice to you three (3) days following of the last date ofsuccessful contact of the Software with the Wowza hardware, software, or designatedsystem.
5.2 Other License Key Types and Data Collection.
5.2.1 If you have a type of License Key or licensing mechanism not specificallydescribed here, that License Key may include additional restrictions, limitations, or
specifications, in each case as provided by Wowza, either on the Wowza Website or byemail or other notice to you. You agree to comply with any such additional restrictions,limitations, or specifications.
5.2.2 Regardless of the type of Software license or License Key you have theSoftware may periodically call into and connect with hardware, software, or othersystems designated by Wowza, and Wowza may collect, maintain, process, and use
diagnostic, technical, usage, and related information, including but not limited to
information about your computer, system, application software, and peripherals, alongwith information about usage of the foregoing. Such information may also be collectedin connection with Wowza’s provision of the Services. Wowza may use such information
to facilitate the provision of Software updates and support, verify your compliance withthis EULA, improve Wowza’s products and services, or for any other purpose in its sole
discretion.
5.3 License Keys, Generally. You agree to not take any action that is intended or
likely to defeat, weaken, or threaten any security or License Key integrity measures
employed by Wowza, including without limitation, measures intended to prevent
duplicate, pirated, or similar unauthorized License Keys or use of the Software. You
agree that you are solely and completely responsible for License Key abuse related to
an Offline License Key issued to you.
Wowza Streaming Engine 4 EULA (20201204)

6.
MAINTENANCE AND SUPPORT. Wowza offers the Services during
applicable Services Periods on a per-License Key basis. Additional terms andconditions regarding the Services may be posted on the Wowza Website orcommunicated to you by Wowza from time to time.
6.1 Services Provided Per-License Key. The Services are provided on a per-License
Key basis, and not on a per-customer or per-company basis. Each License Key has anindividual Services Period that begins on the date you obtained such License Key from
Wowza or purchased an additional Services Period for such License Key from Wowza.
You agree to only access or obtain the benefit of the Services for the specific License
Key(s) provided to Wowza when requesting such Services and you agree to not use theServices, including Updates and Upgrades, for the benefit of any License Key not thenentitled to the Services.
6.2 Services Periods. Services are only provided during the Services Period.
Services Periods vary by license type. License types are more fully described in Section
4, above.
6.2.1 The Services Period for Trial, Developer, Testing, and Developer
Program license type License Keys begin on the date you obtain the corresponding
License Key from Wowza and end at the expiration of such license and License Key.
6.2.2 The Services Period for R&D license type License Keys is the Services
Period of your perpetual or subscription license type License Key.
6.2.3 The Services Period for subscription license type License Keys is theterm of such subscription license for the Software.
6.2.4 The initial Services Period for perpetual license type License Keys iseither one (1) or three (3) years from the date you obtained a Wowza Streaming Engine
Perpetual Edition License Key from Wowza, as specified in your purchasing documents.
In order to obtain the Services beyond the initial Services Period, you must purchaseadditional Services Period(s) from Wowza. In the event of any ambiguity, the Services
Period for all perpetual type License Keys shall be deemed to be one (1) year from thedate you obtained a Wowza Streaming Engine Perpetual Edition License Key from
Wowza.
6.2.5 If you obtained your Software, License Key, or both from a party otherthan Wowza (such as a Wowza authorized reseller or OEM partner), your Services
Period may differ from those described herein.
6.3 The Services. Subject to the terms of this EULA and other terms and conditions
on the Wowza Website and provided to you from time to time, Wowza will provide theServices to you during the Services Period for each individual License Key.
6.3.1 Wowza will not provide Services related to: (i) prior versions of the
Software; (ii) improper installation or use of the Software; (iii) software or other products
or services not offered, licensed, and provided to you by Wowza, and theimplementation or use of the Software with any of the foregoing; (iv) modified code; (v)other things not specifically described herein as within the scope of the Services.
Wowza Streaming Engine 4 EULA (20201204)

6.3.2 In the event a Services Period expires for a given License Key and you
elect to not purchase additional Services Periods but later wish to receive Services from
Wowza related to such License Key, Wowza may, in its sole discretion, require you topurchase Services Periods retroactively to the date on which the relevant Services
Period previously lapsed, pay a reinstatement fee, or both.
6.3.3 Wowza may suspend or terminate the Services without owing a refund to
you if your use of the Services is determined by Wowza, in its sole and reasonablediscretion, to be excessive or improper.
6.3.4 The Services will be provided within the timeframes described on the
Wowza Website or in other documentation provided by Wowza. No failure to meet atimeframe to provide Services shall be deemed a breach of this EULA or any obligationof Wowza.
7. INTELLECTUAL PROPERTY RIGHTS; CONFIDENTIALITY.
7.1 License Keys and Software are valuable trade secrets and the confidential andproprietary information of Wowza.
7.2 The Software and any copies thereof are the exclusive intellectual property of
Wowza and protected by copyright laws and international treaties as well as otherintellectual property laws and treaties. The structure and organization of the Software,
along with its source code and object code, are confidential information and valuable
trade secrets of Wowza. You agree that any disclosure by you of Wowza’s confidential
information will cause immediate, irreparable harm to Wowza for which a court ofcompetent jurisdiction may award equitable remedies, as well as any other available
legal remedies. Except as expressly stated herein, Wowza does not grant you any
intellectual property rights in or to the Software. Wowza reserves all rights not expressly
granted herein.
7.3 You hereby agree to maintain the confidentiality of the Software, License Keys,
and other intellectual property of Wowza using your best efforts, and in no case lessthan reasonably prudent care for extremely sensitive and proprietary confidential
information. You agree to reasonably communicate the terms and conditions of this
EULA to those persons employed or engaged by you, or who otherwise come into
contact with the Software, License Keys, and other intellectual property of Wowza, andto use best efforts to ensure their compliance with the terms and conditions of thisSection 7, including, without limitation, not permitting such persons to use any portion of
the Software, License Keys, and other intellectual property of Wowza for the purpose ofderiving the source code of the Software or copying, defeating, or otherwise
circumventing License Key codes.
7.4 You are granted no right, title, license to, or interest in the Wowza Trademarks or
the copyrights owned by Wowza, and you hereby agree to not use the Wowza
Trademarks without Wowza’s prior written consent. Notwithstanding the foregoing, youagree that any use of the Wowza Trademarks, whether permitted or otherwise, shallinure to the sole benefit of Wowza. You agree to not: (i) file or prepare any application
for registration of any of the Wowza Trademarks; (ii) assert any right, title, license to, orinterest in the Wowza Trademarks; (iii) adopt, use, file for registration, or register any
Wowza Streaming Engine 4 EULA (20201204)

trademark, service mark, trade name, logo, or domain name which may be, in Wowza’s
sole discretion, either an infringement of a Wowza Trademark or Wowza domain name,or may result in a likelihood of confusion with a Wowza Trademark or Wowza domainname; or (iv) encourage, assist, or permit any other person or entity to do anythingprohibited by this Section. Notwithstanding the foregoing, you are permitted to identify
the Software as “Wowza Streaming Engine” and to identify the source of the Software as“Wowza” or “Wowza Media Systems.” Please contact sales@wowza.com if you areinterested in obtaining additional rights related to Wowza Trademarks.
7.5 You agree that Wowza may use your name, organization name, logos, and otheridentifying information to identify you as a Wowza customer in marketing and similar
efforts, such as marketing collateral, trade show signage, and website content. You
agree that such use of your name shall be without royalty or other obligation to you by
Wowza.
7.6 From time to time you may provide Wowza with feedback, suggestions, or ideas
for changes to the Software (collectively, “Ideas”). Regardless of how Wowza receives
or becomes aware of them, all Ideas are the exclusive property of Wowza, areconfidential information, and may be used in any manner and for any purpose by Wowza
without obligation of any kind to you.

8. TERMINATION.
8.1 Termination. Wowza may terminate this EULA immediately and without notice if
you fail to comply with any term of this EULA or fail to timely pay any amounts due
Wowza. Unless you have a Wowza Streaming Engine Perpetual Edition license, Wowza
may terminate this EULA for any reason or no reason upon thirty (30) days advancenotice to your Email Address.
8.2 Effect of Termination. In the event of termination, you must immediately andcompletely cease using the Software in any way, and destroy all copies of the Softwareand License Keys in your possession or under your control licensed under this EULA. In
addition, you must remove the Software and all copies thereof, including all backup
copies, from all Servers, computers, and other media on which it is installed, stored, or
archived. If requested by Wowza, you shall provide Wowza with written certification thatyou have complied with these requirements within three (3) business days of such
request.
9. INDEMNIFICATION BY YOU.
9.1 Generally. You will indemnify, defend, and hold harmless Wowza and its
affiliates, and each of their respective officers, directors, shareholders, unitholders,members, employees, agents, advisors, and representatives (collectively, the“Indemnified Parties”) against all liabilities, obligations, losses, costs, damages, andother expenses and attorneys’ fees (collectively, “Indemnified Costs”) arising out of or
relating to your breach of this EULA or any other of your acts, omissions, orrepresentations. Without limiting the foregoing, your indemnification under thisparagraph shall include, without limitation, indemnification for Indemnified Costs incurredby the Indemnified Parties caused by or related to: (i) the Content; (ii) your violation of
applicable law or regulation; or (iii) your provision of services to any third party utilizing
Wowza Streaming Engine 4 EULA (20201204)

the Software; (iv) any Claims alleging that Wowza is liable as a fiduciary; and (v) any
failure to pay required taxes or other amounts due to third parties related to the Softwareor this EULA.
9.2 Intellectual Property Indemnification. You will indemnify, defend, and holdharmless the Indemnified Parties against all Indemnified Costs arising out of or relating
to a claim that any of the following infringes any patent, trademark, copyright, trade
secret, or other IP right: (i) your modification of the Software; (ii) your use of the Softwarein combination with any products or services not provided by Wowza; (iii) your use of aversion of the Software other than the most current or immediately preceding version;(iv) information, design, specification, instruction or other material provided by you; or (v)your use of the Software other than in accordance with this EULA and other applicable
documentation, instructions, and information provided by Wowza or its representatives.
10. LIMITED WARRANTY AND LIMITATION OF LIABILITY.
10.1
Limited Warranty. Wowza warrants that the Software will substantiallyconform to the description contained in the applicable end user documentation for aperiod of 90 days after the earlier of the date Wowza issues the License Key or the dateyou downloaded the Software. EXCEPT FOR THE PRECEDING EXPRESS LIMITEDWARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
WOWZA PROVIDES THE SOFTWARE AND SERVICES WITHOUT ANY
WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHERPROVISION OF THIS EULA OR COMMUNICATION WITH YOU, AND WOWZASPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WOWZA
DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL MEET YOURNEEDS OR THAT THE SOFTWARE OR SERVICES WILL BE OR PROVIDE FORERROR FREE OPERATION OR OPERATION WITHOUT INTERRUPTION. IN THE
EVENT YOU OBTAINED THIS LICENSE FROM A RESELLER, DISTRIBUTOR, OR
OTHER THIRD PARTY, WOWZA SHALL HAVE NO OBLIGATION TO YOU UNDER
ANY WARRANTY GIVEN BY SUCH RESELLER, DISTRIBUTOR, OR THIRD PARTY,
OR THEIR RESPECTIVE AGENTS OR EMPLOYEES.
10.1.1 The exclusive remedy for breach of the preceding warranty with regard to
the Software is, at Wowza’s sole discretion and subject to Wowza’s limitation of liability,
to either: (i) repair the Software; (ii) replace the Software; or (iii) terminate the license to
the Software granted to you and provide you with a pro-rata refund the fees paid by you
for the Software for the period of time, if any, that you were prevented from using theSoftware.
10.1.2 The exclusive remedy for breach of any warranty with regard to theServices is, subject to Wowza’s limitation of liability, to re-perform the Services in acommercially reasonable manner.
10.2

Limitation of Liability.

10.2.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT WILL WOWZA BE LIABLE FOR ANY LOST PROFITS OR BUSINESSOPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR
ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
Wowza Streaming Engine 4 EULA (20201204)

UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT,NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE RELATED TO THE
SOFTWARE, SERVICES, OR OTHER SUBJECT MATTER HEREOF. BECAUSESOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRECEDING
LIMITATION MAY NOT APPLY TO YOU.
10.2.2 WOWZA'S LIABILITY UNDER THIS EULA WILL NOT, IN ANY EVENT,EXCEED THE FEES, IF ANY, PAID BY YOU FOR THE SOFTWARE AND SERVICES
LICENSED TO YOU UNDER THIS EULA. THE FOREGOING LIMITATIONS SHALLAPPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,REGARDLESS OF WHETHER WOWZA HAS BEEN ADVISED OF THE POSSIBILITYOF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF
ITS ESSENTIAL PURPOSE. YOU AND WOWZA AGREE THAT, GIVEN THE PRICE
OF THE SOFTWARE AND THE NATURE OF THE CIRCUMSTANCES, THE
PRECEDING LIMITATIONS ARE FAIR AND REASONABLE.
11. TAXES.
11.1
You shall be solely responsible for, and shall pay directly, all taxes,
duties, and charges incurred related to this EULA or the Software or Services, including,
without limitation, sales and use taxes, withholding taxes, duties and charges imposedby federal, state or local governmental authorities in the United States or elsewhere.
This Section 11.1 shall not apply to taxes levied against the income or capital of Wowzaor upon Wowza as employer of Wowza’s employees.
11.2
You shall collect, report, and pay to the relevant taxing authority, andindemnify Wowza for, any liability relating to applicable excise, property, sales and use,value-added (VAT), or similar taxes, along with any withholding requirement in addition
to or in lieu thereof, and any customs, import, export or other duties, levies, tariffs, taxes,
or other similar charges that are imposed by any jurisdiction for any and all services
provided to any third party as permitted by this EULA.
12. GENERAL.
12.1
Entire Agreement. This EULA, including the Additional Terms, sets forth
Wowza's entire liability and your exclusive remedy with respect to the Software,
Services, and other subject matter hereof, and supersedes the terms of any purchaseorders and any other communications or advertising with respect to the Software,
Services, and other subject matter hereof. You acknowledge that this EULA, including
Additional Terms, is a complete statement of the agreement between you and Wowza
with respect to the Software, Services, and other subject matter hereof, and that there
are no other prior or contemporaneous understandings, promises, representations, or
descriptions with respect to the Software, Services, and other subject matter hereof.
Additional Terms referenced herein are deemed incorporated herein by reference. ANY
PURCHASE ORDER OR OTHER DOCUMENT PROVIDED BY OR RECEIVED FROMYOU SHALL BE FOR YOUR INTERNAL USE ONLY AND SHALL NOT BEAPPLICABLE TO WOWZA NOR SHALL IT MODIFY THE TERMS OF THIS EULA OR
GOVERN YOUR USE OF THE SOFTWARE. WOWZA REJECTS ANY TERMSCONTAINED IN PURCHASE ORDERS OR SIMILAR DOCUMENTS.

Wowza Streaming Engine 4 EULA (20201204)

12.2
Headings and Interpretation. Headings under this EULA are intended
only for convenience and shall not affect the interpretation of this EULA. References
herein to the singular include the plural, and vice versa. Wowza and You agree that, if
an ambiguity or question of intent or meaning arises with respect to any provision of this
EULA, this EULA will be construed as being drafted jointly by Wowza and you, and nopresumption or burden of proof will arise favoring or disfavoring either party by virtue ofauthorship of any of the provisions of this EULA.
12.3
Waiver and Modification. No failure of either party to exercise or enforce
any of its rights under this EULA will act as a waiver of those rights. Wowza may modify
this EULA from time to time by one of three methods: (i) posting the changes on the
Wowza Website; (ii) providing notice of such changes to your Email Address; or (iii)signing a written agreement with you specifying changes to this EULA. You agree to bebound by such changes if you continue using the Software following the effective date ofany such change to this EULA. Changes to this EULA are effective upon the earlier of:(i) Wowza posting notice of such changes on the Wowza Website; (ii) Wowza providing
notice to your Email Address of such changes; or (iii) the signing of a written amendment
modifying this EULA by both you and Wowza. Other than as provided in this Section
12.3, this EULA may only be modified, or any rights under it waived, by a written
document executed by the party against which it is asserted.
12.4
Supersession. This EULA, Additional Terms, or both may be superseded
by a subsequent version of this EULA or Additional Terms, as the case may be. Suchsupersession may occur if you download, install, or use Software or Software upgradesor updates. This EULA supersedes prior EULA versions under which the Software waslicensed to you.
12.5
Assignment. You may not assign this EULA or any interest in this EULA
without the prior written approval of Wowza.
12.6
Notices. Notices required by or related to this EULA from you must be
sent via U.S. Mail or reputable overnight carrier, return receipt requested, to the attentionof “Legal Department” at Wowza’s then-current mailing address, which is presently 7171
W Alaska Drive, Lakewood, CO 80226 USA, with a copy by electronic mail to
LegalNotices@wowza.com. Wowza may provide notices required by or related to this
EULA to you at your Email Address.
12.7
Severability. If a provision of this EULA is found illegal or unenforceable,
it will be enforced to the maximum extent permissible, and the legality and enforceabilityof the other provisions of this EULA will not be affected.
12.8
Relationship of You and Wowza. This EULA shall not be construed tocreate any employment, partnership, joint venture, franchise, or agency relationshipbetween you and Wowza, or to authorize either party to enter into any commitment oragreement binding on the other party.
12.9
No Responsibility for Content. You acknowledge and understand that theContent is entirely your responsibility. You acknowledge, agree, and agree to assert andacknowledge in legal proceedings that Wowza exercises no control whatsoever over theContent and that Wowza will not be liable for Content.

Wowza Streaming Engine 4 EULA (20201204)

12.10
Representations. You represent and warrant that you are authorized toenter into this EULA and comply with its terms, and are of legal age to do the same.
Furthermore, you represent and warrant that you will at all times meet your obligations
hereunder, and comply with all laws, regulations, and policies that apply to use of the
Software. If you are entering into this EULA on behalf of an entity or organization, yourepresent and warrant that you have full authority to do so and to bind that entity ororganization.
12.11
Force Majeure. Neither party shall be in default by reason of any failurein performance of this EULA, except for an obligation to pay money, if such failure
arises, directly or indirectly, out of causes reasonably beyond the direct control orforeseeability of such party, including but not limited to, default by subcontractors or
suppliers, acts of God or of the public enemy, terrorist act, United States of foreign
governmental acts in either a sovereign or contractual capacity, fire, flood, epidemic,
restriction, strikes, or freight embargos.
12.12
Governing Law. This EULA will be governed by the laws of the State of
New York, without regard to its choice of law principles. Except as provided in thefollowing Section 12.13, you and Wowza hereby agree to submit to the exclusive
jurisdiction and venue of the United States Federal District Court for the Southern Districtof New York for any dispute arising out of or related to this EULA or any of the subject
matter hereof. The United Nations Convention for the International Sale of Goods shallnot apply to this EULA or the Software.
12.13
ARBITRATION FOR NON-U.S. LICENSEES. IF YOU RESIDE (IF YOU
ARE AN INDIVIDUAL) OR ARE DOMICILED (IF YOU ARE ENTERING INTO THISEULA ON BEHALF OF AN ENTITY) OUTSIDE OF THE UNITED STATES, ANY CLAIM
OR DISPUTE BROUGHT BY YOU AND ARISING OUT OF OR RELATED TO THISEULA OR THE SOFTWARE SHALL BE SUBMITTED TO BINDING ARBITRATION IN
NEW YORK, NEW YORK, USA UNLESS WOWZA AGREES IN WRITING TO WAIVE
SUCH REQUIREMENT. Such arbitration shall be before an arbitrator-member of theAmerican Arbitration Association (“AAA”) to be mutually agreed to by the parties, or, inthe event the parties cannot agree on a single such arbitrator-member, to a panel ofthree arbitrator-members selected in accordance with the rules of the AAA. The disputeshall be settled in accordance with the Commercial Arbitration Rules of the AAA and thedecision of the arbitrator(s) shall be final and binding upon the parties and judgment may
be obtained thereon in a court of competent jurisdiction. The prevailing party shall beentitled to recover from the other party the fees and expenses of the arbitration as well
as reasonable attorneys' fees, costs and expenses incurred by the prevailing party. The
Convention on the Recognition and Enforcement of Foreign Arbitral Awards shall apply
to this EULA if you reside or are domiciled outside of the United States.
12.14
Contact Information. If you have any questions about this EULA, pleasecontact Wowza at info@wowza.com.
12.15
Survival of Terms. The following terms shall survive termination of this
EULA: Section 1 (Definitions); Section 2 (License Grants; Title; Usage by Third Parties);
Section 3 (Licensee Restrictions); Section 4 License Types and Additional Licensee
Restrictions); Section 5 (License Key Integrity; Data Collection); Section 6 (Maintenanceand Support); Section 7 (Intellectual Property Rights); Section 8 (Termination); Section 9

Wowza Streaming Engine 4 EULA (20201204)

(Indemnification by You); Section 10 (Limited Warranty and Limitation of Liability); andSection 12 (General).
13. NOTICE TO U.S. GOVERNMENT END USERS.
13.1
Commercial Items. The Software, including all related documentation,
are “Commercial Item(s),” as that term is defined at 48 C.F.R. Section 2.101, consistingof “Commercial Computer Software” and “Commercial Computer Software
Documentation,” as such terms are used in 48 C.F.R. Section 12.212 or 48 C.F.R.
Section 227.7202, as applicable. Consistent with 48 C.F.R. Section 12.212 or 48 C.F.R.
Sections 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer
Software and Commercial Computer Software Documentation are being licensed to U.S.
Government end users (i) only as Commercial Items; and (ii) with only those rights as
are granted to all other end users pursuant to the terms and conditions herein.
Unpublished-rights reserved under the copyright laws of the United States.
13.2
U.S. Government Licensing of Wowza Software. You agree that whenlicensing the Software for acquisition by the U.S. Government, or any contractor
therefore, you will license consistent with the policies set forth in 48 C.F.R. Section
12.212 (for civilian agencies) and 48 C.F.R. Sections 227-7202-1 and 227-7202-4 (forthe Department of Defense). For U.S. Government End Users, Wowza agrees to comply
with all applicable equal opportunity laws including, if appropriate, the provisions of
Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans
Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of theRehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1
through 60-60, 60-250, and 60-741. The affirmative action clause and regulations
contained in the preceding sentence shall be incorporated by reference in thisAgreement.

Wowza Streaming Engine 4 EULA (20201204)