End User License Agreement
DO NOT DOWNLOAD, INSTALL, OR USE THIS SOFTWARE (THE HUGHES PRESENTER SOFTWARE) UNTIL YOU HAVE READ AND ACCEPTED THIS LICENSE AGREEMENT. BY DOWNLOADING, INSTALLING, OR USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT AND UNDERSTAND IT, AND YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THIS LICENSE AGREEMENT, YOU DO NOT HAVE A LICENSE AND YOU MUST NOT DOWNLOAD, INSTALL, OR USE THIS SOFTWARE. IF THIS SOFTWARE HAS BEEN DELIVERED TO YOU, AND YOU DO NOT AGREE TO THIS LICENSE AGREEMENT, THEN: (A) YOU MUST NOT INSTALL OR USE THE SOFTWARE, AND (B) YOU MUST PROMPTLY RETURN THE SOFTWARE (INCLUDING ALL ACCOMPANYING MEDIA, DOCUMENTATION, PACKAGING, AND MATERIALS) TO THE SOURCE YOU OBTAINED IT FROM IN AN UNDAMAGED CONDITION TOGETHER WITH A COPY OF YOUR DATED PROOF OF PURCHASE. ANY LICENSE FEE OR PAYMENT BY YOU FOR THIS LICENSE WILL BE REFUNDED TO YOU IF THE RETURN IS MADE WITHIN 30 DAYS OF YOUR FIRST RECEIPT OF ANY OF THIS SOFTWARE. HUGHES MAY REQUIRE THAT YOU OBTAIN THE REFUND, IF APPLICABLE, FROM THE SOURCE, IF THE SOURCE IS DIFFERENT THAN HUGHES. HUGHES HAS NO OBLIGATION TO MAKE OR CAUSE A REFUND IF THE SOURCE IS NOT AUTHORIZED BY HUGHES TO SELL OR RESELL THIS LICENSE OR TO DISTRIBUTE THIS SOFTWARE.
1. Hughes Presenter Product – A Product of Hughes, LLC. This product is a distribution of software and is referred to as “Hughes Presenter.” Hughes Presenter is a product of Hughes, LLC (“Hughes”).
2. Licensee. “Licensee” is the person, company or entity to whom the Licensed Software (defined below) is licensed and for whom the Licensed Software is used under this Agreement. Licensee must accept and agree to this Agreement before downloading, installing or using any Licensed Software.
3. Hughes Presenter Distribution and Licensed Software. This Hughes Presenter distribution includes Hughes Software and Hughes Contributions (as defined below). The term “Licensed Software” means Hughes Software and Hughes Contributions.
4. Use of Hughes Presenter. Instructions for the use of Hughes Presenter are included in or with this Hughes Presenter distribution. The License to use Licensed Software permits use by Licensee in accordance with these instructions, provided that the applicable license fees or payments have been paid to Hughes and that Licensee complies with this Agreement.
5. License of Licensed Software. Subject to the other provisions of this Agreement and Licensee's compliance therewith, Hughes grants to Licensee a nonexclusive, nontransferable license to use Licensed Software in accordance with the Documentation, including the instructions of Section 4, provided that the License is limited to the number of computers that are licensed – see Section 6, (the “License”). Rights not expressly granted to Licensee in this Agreement are reserved by Hughes. If this is an Evaluation License or Beta License, see Sections 12 and 13.
6. Number of Computers and Certificate of License. The License is limited to the number of computers specified in a Certificate of License from Hughes to the Licensee or in such other form as Hughes may use for this purpose. Use or installation of the Licensed Software on additional computers requires additional licenses from Hughes and the payment of additional license fees to Hughes. Contact Hughes for more information. Licensee may only use and install Licensed Software on computers within the possession and control of Licensee.
7. Activation Key and Serial Number. To use the Licensed Software, Licensee may be required to first obtain an “activation key” and/or “serial number” from Hughes. The activation key may be a printable digital key, a non-printable file, or any other mechanism or method used by Hughes for license activation or license limitation purposes. The number of computers may be limited by the activation key and/or serial number. Licensee agrees to respect and not circumvent any such activation key or serial number or any other mechanism or means used or deployed by Hughes to protect the Licensed Software against unlicensed use, copying, or distribution.
8.. Copies of Licensed Software. Licensee may make copies of Licensed Software only for archival purposes to back up the licensed use of the Licensed Software. Licensee may also make copies of the Licensed Software to the extent reasonably needed to exercise rights under the License or this Agreement. Any Hughes copyright, trademark, patent, and proprietary rights notices must be faithfully reproduced and included on copies made by Licensee. Licensee may not make any other copies of the Licensed Software.
9. Licensed, Not Sold, by Hughes and Resellers. Hughes Presenter, including Licensed Software, is not sold, but is licensed and distributed to Licensee. The License is sold to Licensee in return for the license fees or other payments payable to Hughes or its authorized Reseller. A “Reseller” is a distributor, dealer, OEM, VAR, or other reseller authorized by Hughes to sell or resell the License or to distribute the Licensed Software.
10. Protection of Licensed Software. Unless and except as expressly authorized in this Agreement and subject to Section 40, Licensee may not: (i) disassemble, decompile, or otherwise reverse engineer Licensed Software, or attempt to recreate or discover any source code of or from the Licensed Software, or (ii) modify any Licensed Software or create derivative works based upon Licensed Software, or (iii) rent, lease, sublicense, distribute, transfer, copy, reproduce, or timeshare Licensed Software, or (iv) allow any third party to access or use Licensed Software, or use Licensed Software for a third party (i.e., the License is an internal use license only).
11. Licensed Version. Except as otherwise provided in Section 18, the only version of Licensed Software licensed to Licensee is the version provided to Licensee in connection with this Agreement. and Licensee has no license or rights with respect to any other version of Licensed Software.
12. Evaluation License. This Section 12 applies only if Licensee has been granted an Evaluation License rather than a commercial License from Hughes for this Agreement. The Certificate of License (or other form) from Hughes under Section 6 will indicate if the License is an Evaluation License. Alternatively, the Certificate of License (or other form) from Hughes may indicate that the License is a commercial License or “Full Product License” in which case this Section 12 does not apply. Notwithstanding anything to the contrary, for an Evaluation License (unless and until a commercial License or Full Product License, as evidenced by the Certificate of License or other form, is purchased by Licensee from Hughes): (a) The Licensed Software may only be used by Licensee for evaluation purposes in a test environment; (b) The License and use of the Licensed Software by the Licensee is limited to the evaluation period specified by Hughes in or with the Certificate of License (or other form); and (c) At the end of the evaluation period Licensee must remove and erase the Licensed Software from its systems and storage devices. If no evaluation period is specified by Hughes, then the evaluation period shall be 60 days. The evaluation period begins on the date and time of first installation of any Licensed Software, after which the Licensed Software shall not be used by Licensee. The evaluation version of Hughes Presenter or Licensed Software is only intended to allow Licensee to evaluate “an intent to buy” and may physically stop working based on a timing feature in Hughes Presenter. If any Hughes Presenter distribution or Licensed Software or its medium is identified as an Evaluation Version, this shall mean that this Evaluation License applies thereto.
13. Beta Versions. A “Beta Version” means any version of this Hughes Presenter distribution or the Licensed Software that is designated by Hughes as a beta version, early adopter version, pre-release version, or early release version. If any of this Hughes Presenter distribution or the Licensed Software is a Beta Version, then the following shall apply to such Beta Version. It is understood that a Beta Version may be incomplete or in a stage of development that does not make it ready for production use. Accordingly, any Beta Version is made available only for non-production use and should not be relied upon. No warranties or guarantees are made by Hughes with respect to any Beta Version.
14. No Distribution Rights. The License and this Agreement do not include any license, right, or authorization to distribute or transfer any Licensed Software or any derivative works or any copy thereof to any third party. Licensee may contact Hughes concerning the availability of distribution, OEM, VAR, integrator or reseller opportunities.
15. Intellectual Property and Source Code. Hughes owns the copyrights and intellectual property in and to the Licensed Software. Licensed Software is licensed by Hughes to Licensee through the License of this Agreement. Licensee is not entitled to any Licensed Software source code unless, and only to the extent that, such source code is included by Hughes in this Hughes Presenter distribution to Licensee or Hughes otherwise makes such source code available to Licensee. If and to the extent that any such source code is included in this Hughes Presenter distribution or made available by Hughes to Licensee, then it is part of the Licensed Software licensed by Hughes under the License and is governed by this Agreement, and Licensee must keep such source code confidential and not use it for any purpose other than to facilitate the exercise of the License.
16. Documentation. “Documentation” means the documentation (in any form, electronic, online, printed, or otherwise), if any, provided to Licensee in connection with Hughes Presenter. Documentation includes the instructions of Section 4. Whenever the context reasonably permits, any reference in this Agreement to Licensed Software shall also apply to Documentation. The Documentation may be used by Licensee, but only to enable or facilitate Licensee's licensed use of the Licensed Software. However, if any documentation received by Hughes from any third-party licensors of Open Source Software is provided to Licensee, then such documentation will be governed by the applicable Open Source License Agreements if such agreements include any provisions governing such documentation.
17. Support, Maintenance, and Services. Hughes has no obligation under this End User License Agreement to provide any support, maintenance, or other services. Licensee may contact Hughes to determine the availability of support, maintenance, and other services, and the fees, terms, and conditions applicable thereto.
18. Maintenance Releases, Updates, New Releases, etc. Hughes has no obligation under this End User License Agreement to provide any maintenance releases, fixes, patches, work-around solutions, upgrades, updates, or new versions or distributions to Licensee. However, if and to the extent that any maintenance releases, fixes, patches, work-around solutions, upgrades, updates, or new versions or distributions for, of, or to Hughes Presenter are made available or provided by Hughes or any of its Resellers to Licensee, they shall be deemed part of this Hughes Presenter software distribution, and shall be Hughes Software, Unmodified Open Source Software, Derivative Software, Hughes Contributions, Licensed Software, Third-Party Commercial Components, etc. as applicable in accordance with the definitions in this Agreement, and shall be governed by this Agreement (or in the case of Unmodified Open Source Code the applicable Open Source License Agreements or in the case of Third-Party Commercial Components their applicable commercial terms and license), unless a different license agreement from Hughes is provided with or made applicable to such maintenance releases, fixes, patches, work-around solutions, upgrades, updates, or new versions or distributions (in which case, such different license agreement shall apply and govern).
19. Limited Warranty – Media and Documentation. Hughes warrants that if the Hughes Presenter media or printed Documentation, if any, provided by Hughes, are in a damaged or physically defective condition when delivered and if they are returned to Hughes (postage prepaid) within 30 days of the date of first received by Licensee, together with a copy of a dated proof of purchase, then Hughes will provide Licensee with replacements at no charge.
20. Limited Warranty – Licensed Software. Hughes warrants that if the Licensed Software fails to conform in all material respects to its specifications in the Documentation provided by Hughes with the Licensed Software, and if the nonconformity is reported in writing by Licensee to Hughes within 30 days from the date any Licensed Software is first received by Licensee, then Hughes shall, at Hughes’ sole discretion, either remedy the nonconformity or offer to refund the purchase price to Licensee upon a return of the Hughes Presenter product (including all packaging, media, and documentation) to Hughes, together with a copy of the dated proof of purchase. If Licensee purchased the License to the Licensed Software from an authorized Reseller, then Hughes may require the Licensee to obtain the refund from the Reseller, and Licensee's sole recourse shall be with respect to that Reseller. There is no warranty and no obligation to make a refund if the License is purchased or the Licensed Software is obtained from a supplier or source not authorized by Hughes to resell or sell this License. If Licensee desires to accept the offer of a refund, then such offer must be accepted in writing within two weeks of the date the offer is received by Licensee. If the offer is not accepted, then the Licensed Software is accepted “as is” and all warranties are deemed satisfied in full. In the event of a refund, the License shall terminate. The purchase price means the fee paid by Licensee for the license to use the non-conforming Licensed Software. This warranty does not apply to maintenance releases, fixes, patches, work-around solutions, upgrades, updates, or any new versions or distributions (see Section 18) or to Evaluation Licenses or Evaluation Versions (see Section 12), or to Beta Versions (see Section 13), and no right of return or refund applies to any of them. ANYTHING UNDER SECTION 12, 13, OR 18 IS PROVIDED STRICTLY ON AN “AS IS” BASIS.
21. Disclaimer. HUGHES MAKES NO WARRANTY, PROMISE, OR REPRESENTATION NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. EXCEPT AS EXPRESSLY WARRANTED HEREIN, HUGHES PRESENTER AND THE LICENSED SOFTWARE ARE PROVIDED “AS IS” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. HUGHES MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THIRD-PARTY SOFTWARE. ANY OPEN SOURCE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. HUGHES DISCLAIMS AND EXCLUDES ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. HUGHES DOES NOT WARRANT THAT HUGHES PRESENTER OR ANY OF THE LICENSED SOFTWARE WILL SATISFY LICENSEE'S REQUIREMENTS OR THAT IT IS WITHOUT DEFECT OR ERROR OR THA THE OPERATION THEREOF WILL BE UNINTERRUPTED. THIS AGREEMENT GIVES LICENSEE SPECIFIC LEGAL RIGHTS. LICENSEE MIGHT HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. If an implied warranty or condition is created by Licensee's state or jurisdiction and applicable law prohibits disclaimer or exclusion of it, then such implied warranty or condition applies, but only for defects reported to Hughes within the 30-day limited warranty period described in Section 19 or 20.
22. Limitation on Liability. THE AGGREGATE LIABILITY OF HUGHES ARISING FROM OR RELATING TO THIS AGREEMENT, Hughes Presenter OR ANY OF THE LICENSED SOFTWARE OR DOCUMENTATION (REGARDLESS OF THE FORM OF ACTION OR CLAIM – E.G., CONTRACT, WARRANTY, TORT, STRICT LIABILITY, MALPRACTICE, AND/OR OTHERWISE) SHALL NOT EXCEED THE TOTAL PAYMENT MADE BY LICENSEE TO PURCHASE THE LICENSE UNDER THIS AGREEMENT. HUGHES SHALL NOT IN ANY CASE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFIT, REVENUE, DATA, OR PROGRAMS, EVEN IF HUGHES HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THIS SECTION APPLIES TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW. Because some states/jurisdictions do not allow the exclusion or limitation of liability, the above limitation might not apply, and Licensee may have other rights that vary from state/jurisdiction to state/jurisdiction.
23. Responsibility For Decisions. Licensee is responsible for decisions made and actions taken based on Hughes Presenter or the Licensed Software or Documentation.
24. Sole Remedy and Allocation of Risk. LICENSEE'S SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF WARRANTY OR DEFECT OR ERROR IN Hughes Presenter OR THE LICENSED SOFTWARE OR DOCUMENTATION IS SET FORTH IN THIS AGREEMENT, AND HUGHES HAS NO OTHER LIABILITY. This Agreement defines a mutually agreed-upon allocation of risk and the License fees reflect such allocation of risk.
25. Hughes Software. The “Hughes Software” consists of computer programs created or acquired by or for Hughes as commercial software (and not as open source software) for which license fees are charged. The Hughes Software is proprietary to Hughes and available for use under this End User License Agreement. As used here, “proprietary” means that copyrights and/or other intellectual property in the computer programs are owned by Hughes. All of the computer programs in the Hughes Presenter distribution are “Hughes Software” except for those computer programs that are Unmodified Open Source Software, Derivative Software, or Third-Party Commercial Components as defined and described below.
26. Unmodified Open Source Software, Derivative Works, and Third-Party Commercial Components. This Hughes Presenter distribution may further include Unmodified Open Source Software, Derivative Software, and/or Third-Party Commercial Components – see below.
27. Open Source Software – Modified and Unmodified. As used in this Agreement, the term “Open Source Software” means the open source computer programs obtained by Hughes from other sources under Open Source License Agreements for inclusion (in an unmodified form or in a modified or derivative work form) in the Hughes Presenter distribution. “Unmodified Open Source Software” consists of any Open Source Software, as obtained by Hughes under the Open Source License Agreements, that is included in its unmodified form in the Hughes Presenter distribution.
28. Derivative Software and Hughes Contributions. “Derivative Software” consists of Open Source Software programs that have been modified by or for Hughes or any of its assignors or predecessors and derivative works based on Open Source Software that have been created by or for Hughes or any of its assignors or predecessors. The modifications (including changes and additions) to these Open Source Software programs and the derivative works based on these Open Source Software programs created by or for Hughes or any of its assignors or predecessors are proprietary to Hughes and Hughes claims its copyrights and other proprietary rights thereto. These modifications (including changes and additions) and derivative works are referred to herein as the “Hughes Contributions.” Hughes does not claim any copyright or proprietary rights to the original and unmodified code in the Open Source Software programs (as obtained by Hughes under the Open Source License Agreements) from which the Derivative Software was created or to any such original and unmodified code that remains in the Derivative Software.
29. Availability of Open Source Software. Upon written request, Hughes will provide to Licensee a copy of the Open Source Software (including its source code) or information as to the source (last known to Hughes) of such Open Source Software (including its source code).
30. Open Source License Agreements. “Open Source License Agreements” means the licenses or agreements under which Open Source Software programs were obtained by Hughes. Copies of such Open Source License Agreements are currently available to Licensee from Hughes or are included in the documentation of this Hughes Presenter distribution.
31. Licensing of Unmodified Open Source Software. The Unmodified Open Source Software programs included in this Hughes Presenter distribution are governed by and licensed to Licensee under their respective Open Source License Agreements. Hughes has no obligation or liability under or relating to such Open Source License Agreements.
32. Licensing of Derivative Software. The Open Source Software programs on which the Derivative Software is based are available to Licensee as described above under their applicable Open Source License Agreements. However, such Derivative Software is not licensed to Licensee under these Open Source License Agreements because it includes Hughes Contributions proprietary to Hughes. Instead, the Hughes Contributions in the Derivative Software are licensed under this Agreement to Licensee as part of the “Licensed Software” and under the same terms and conditions as are applicable to Hughes Software.
33. GNU Programs. As used in this Agreement, the term “Open Source Software” does not include the computer programs, if any, obtained or distributed by Hughes under any GNU GPL or GNU LGPL license (“GNU Programs”). If and to the extent that any GNU Programs are provided or distributed, directly or indirectly, by Hughes to Licensee, they are not considered part of Hughes Presenter or this Hughes Presenter distribution, but may be used by Licensee in accordance with their applicable GNU GPL or GNU LGPL license and agreement. Hughes makes no warranty or representation concerning any GNU Programs and has no obligation concerning any of them. Under no circumstances does Hughes give any consent or permission for any of Hughes Presenter, Hughes Software or Licensed Software to be or become subject to any GNU GPL or GNU LGPL license or agreement. “GNU GPL” means any past, present, or future GNU General Public License. “GNU LGPL” means any past, present or future GNU Lesser General Public License or GNU Library General Public License. As used in this Agreement, the term “Open Source License Agreements” does not include any GNU GPL or GNU LGPL license or agreement.
34. Third-Party Commercial Components. “Third-Party Commercial Components” are computer programs, code, libraries, or objects provided or licensed by a third party under commercial terms (rather than “open source” terms) to Hughes, and by definition do not include any Open Source Software. If and to the extent that any Third-Party Commercial Components are included in or with Hughes Distributor, they are governed by and subject to such commercial terms and licenses. Licensee must comply with any such commercial terms and licenses that are communicated to Licensee. Hughes makes no warranty concerning Third-Party Commercial Components.
35. Taxes. In the event that any sales, use, value added, withholding, or other taxes, duties, or government fees, assessments, or charges are payable because of this Agreement or any License, transaction, or payment under this Agreement or for the License, or use of Hughes Presenter or any Licensed Software, then Licensee shall pay such taxes, duties, fees, assessments, and charges in a timely manner and shall hold Hughes harmless therefrom. They are not included in any fees or payments otherwise payable to Hughes. If Hughes pays any of the foregoing, then Licensee shall promptly reimburse Hughes. This Section does not apply to any of Hughes's federal, state, and local taxes based on Hughes's net income.
36. Governing Law. This Agreement shall be governed by the laws of the state of Utah and the United States of America without giving effect to conflict or choice of law principles. The parties agree to exclude application of the “United Nations Convention on Contracts for the International Sale of Goods” to this Agreement. Any litigation between the parties shall be conducted exclusively in Utah state courts or the federal district courts within Utah. The parties agree and submit to such exclusive jurisdiction and venue.
37. Entire Agreement. This Agreement sets forth the entire understanding and agreement between the Parties relating to the subject matter of this Agreement and may be amended only in a writing signed by both Parties. No vendor, distributor, OEM, VAR, reseller, dealer, retailer, sales person, or other person is authorized by Hughes to modify this Agreement or to make any warranty, representation, or promise which is different than, or in addition to, the warranties, representations, and promises of this Agreement.
38. Termination. Licensee's License shall automatically terminate if Licensee breaches this Agreement. Upon termination of the License, Licensee shall uninstall and cease all use of the Licensed Software and Third-Party Commercial Components. In addition, Licensee shall destroy or erase all copies of the Licensed Software and Third-Party Commercial Components within the possession or control of Licensee. Moreover, Licensee shall destroy (or return to Hughes) the original Licensed Software media and Documentation, if any.
39. Construction. In the construction and interpretation of this Agreement, no rule of strict construction shall apply against or in favor of either Party.
40. Severability. In case any one or more of the provisions contained herein shall, for any reason, be or held to be invalid, illegal, or unenforceable in any respect under applicable law, such invalid, illegal, or unenforceable provision(s) shall be curtailed, limited, and construed to the extent necessary (and only to such extent) to remove such invalidity, illegality, or unenforceability with respect to the applicable law as it shall then be applied. If it is not possible to curtail, limit, and/or construe such provisions to make them valid, legal, and enforceable, then such provisions shall be severed from this Agreement, and the other provisions of this Agreement shall not be affected thereby. In the event that any restriction or provision in this Agreement is in conflict with applicable law or constitutes a misuse of copyright, patent, or other intellectual property or an antitrust violation, then such restriction or provision applies only to the extent that it is not in conflict with applicable law and not a misuse of copyright, patent, or other intellectual property or an antitrust violation. Nothing herein implies that any such conflict with law or any such misuse or antitrust violation exists.
41. Non-Parties. The officers, directors, employees, shareholders, and representatives of Hughes are not parties to this Agreement and shall have no personal obligation or liability to Licensee relating to this Agreement or the Software.
42. Government End Users. A “U.S. Government End User” shall mean any agency or entity of the government of the United States. If Licensee is a U.S. Government End User, then this Section shall apply. This Licensed Software is provided with the commercial rights and restrictions set forth in this End User License Agreement. The Licensed Software is a “commercial item,” as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), comprising “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Licensed Software with only those rights set forth herein. The Licensed Software (including related documentation) is provided to U.S. Government End Users: (a) only as a commercial end item; and (b) only pursuant to this Agreement. Manufacturer: Hughes, LLC, 333 South 520 West, Suite 330, Lindon, Utah 84042.
43. Publicity. Unless Licensee notifies Hughes otherwise in writing, Licensee hereby grants to Hughes a right to use Licensee's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features in presentations, marketing materials, customer lists, and financial reports. Further, unless Licensee notifies Hughes otherwise in writing, Hughes retains the right to identify Licensee as a valued customer and optionally issue a press release that, at a minimum, discloses Licensee has licensed Hughes Presenter and that Hughes Presenter is Licensee's preferred PowerPoint-to-Flash tool. This right granted in this section does not apply to the Evaluation License or Beta Versions. Notifications regarding this section should be mailed to Hughes, LLC, Attn. Publicity Rejection, 333 South 520 West, Suite 330, Lindon, Utah 84042.
44. Export Laws. Licensee may not download or directly or indirectly export or re-export the Licensed Software or any underlying information or technology except in full compliance with the pertinent laws and regulations of the United States and the applicable laws and regulations of any other country or jurisdiction that apply to the downloading party. Any transfer of technical data outside the United States by any means, including the Internet, is an export which is subject to export control requirements under U.S. law. In particular, but without limitation, none of the Licensed Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident, wherever located, of) Cuba, Libya, North Korea, Iran, Iraq, Syria, Sudan, or any other country to which the U.S. prohibits exports of goods or technical data; or (ii) to anyone on the U.S. Treasury Department's Specially Designated Nationals or Blocked Persons Lists or the Table of Denial Orders issued by the Department of Commerce. By downloading or using the Licensed Software, licensee agrees to the foregoing, and licensee is representing and warranting that licensee is not located in, under the control of, or a national or resident of any such country or on any such list or table.
45. Assignment. This Agreement and the License are not assignable or transferable by Licensee. Hughes may assign or transfer this Agreement to any third party who acquires substantially all of Hughes's intellectual property in or to the Licensed Software.
46. Third-Party Software Notices and/or Additional Terms and Conditions.
Thompson Licensing, S.A.
This product includes MPEG Layer-3 audio coding technology licensed from Fraunhofer IIS and Thomson. Supply of this product does not convey a license or imply any right to distribute content created with this product in revenue-generating broadcast systems (terrestrial, satellite, cable, and/or other distribution channels), streaming applications (via Internet, intranets, and/or other networks), other content distribution systems (pay-audio or audio-on-demand applications and the like), or on physical media (compact discs, digital versatile discs, semiconductor chips, hard drives, memory cards, and the like). An independent license for such use is required. For details, please visit http://mp3licensing.com.