This End-User License Agreement ("EULA") is a legally binding contract between Brainsalt Media GmbH ("Brainsalt Media") and you ("Licensee"). The subject of this EULA is the right to use the software “Backstage” ("Software"). This EULA also applies to future updates of the Software.

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1. License Grant
1.1 Software License: The Software is licensed, not sold, and as such, the Licensee does not acquire ownership of the Software. Brainsalt Media and its licensors retain all rights, title, and interest in the Software, including all copyrights, patents, trade secrets, trademarks, and all other intellectual property rights.
1.2 Usage Rights: Upon payment of the agreed license fee and acceptance of this EULA by the Licensee, Brainsalt Media grants the Licensee a non-exclusive, non-transferable license to use the Software either for an indefinite period or, in the case of a software subscription, for the duration of the agreed subscription period. The use of the Software is subject to the following restrictions:
a) The Licensee may only use the Software for their own purposes, on appropriate hardware or hardware specified in the contract, and only to the extent of the purchased number of licenses.
b) The Licensee may not duplicate the Software, except for backup purposes.
c) The Licensee may sublicense or sell the Software as part of their hardware solution to end-users or clients, provided that the Software remains embedded in the hardware sold and is not sold separately as standalone software.
d) The Licensee may not rent, loan, or lease the Software or any portion thereof, except in conjunction with the sale of their hardware as specified in section 1.2(c).
e) The Licensee is prohibited from modifying, reproducing, distributing, decompiling, or reverse engineering the Software or any part thereof, except as permitted by mandatory law.
f) The Licensee is prohibited from creating any other software based entirely or partially on the Software.
g) The Licensee is not permitted to use the Software for illegal purposes.
h) The Licensee is not permitted to use any branding or trademark associated with the Software or to remove any such branding or trademark from the Software without written consent from Brainsalt Media.
1.3 Software Lifecycle: The Software has a predefined lifecycle that specifies how long it will be supported by Brainsalt Media and which operating systems it is compatible with. The Software may become incompatible with updated versions of previously compatible operating systems.
1.4 Trial License: If Brainsalt Media provides a trial license for the Software, it may only be used for testing purposes to evaluate the Software’s functionalities. Any commercial use of the Software under a trial license is prohibited.
1.5 Updates and Upgrades: Brainsalt Media may provide updates and/or upgrades to the Software to fix bugs, adapt the Software to new system specifications, or enhance its functionalities. The availability of updates or upgrades may be subject to a fee or offered free of charge.
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2. Warranty
2.1 Warranty Disclaimer: Brainsalt Media warrants that, at the time of delivery and based on current industry standards, the Software is free from defects as described in the documentation. However, the Software may not meet all conceivable use cases or perform error-free in all circumstances. The development of entirely error-free software is not possible given the current state of technology.
2.2 No Performance Guarantee: Brainsalt Media does not guarantee that the Software will meet all the Licensee's requirements or that the Software's functions will operate uninterrupted and error-free in every combination desired by the Licensee.
2.3 Exclusions: Brainsalt Media assumes no liability for errors, malfunctions, or damages caused by improper operation, the use of unsuitable organizational means, or other issues originating from the Licensee’s environment.
2.4 Third-Party Software: Brainsalt Media does not warrant the functionality of third-party APIs, plug-ins, or software that may interact with the Software through its API or plug-ins.
2.5 Notification of Defects: If the Licensee is a business entity, they must notify Brainsalt Media of any defects immediately upon discovering them, otherwise any warranty claims are forfeited. For consumers, the warranty period is two years; for businesses, it is 12 months.
2.6 Right to Alter: Brainsalt Media reserves the right to modify the Software and its documentation without prior notice.
2.7 Remedies: In the event of a breach of the warranty, Brainsalt Media may choose either to (i) refund the amount paid by the Licensee or (ii) provide a replacement or repaired version of the Software.
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3. Limitation of Open-Source Components
3.1 This software uses Open-Source components that are subject to their own licensing terms:
a) FFmpeg project under the LGPLv2.1 license
3.2 Licensee agrees to comply with the terms of all applicable open-source licenses included with the Software. These components are provided "as is," and Brainsalt Media makes no warranties, express or implied, regarding these open-source components, including any warranties of merchantability, fitness for a particular purpose, or non-infringement.
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4. Use of NDI
4.1 This software uses the NDI SDK
4.2 Prohibition of Modification: The Licensee is prohibited from making any modifications to the NDI SDK or any part thereof. This includes the software development kit (SDK) provided by NDI or any protocols used within the SDK.
4.3 Prohibition of Reverse Engineering: The Licensee is prohibited from reverse engineering, disassembling, decompiling, or recompiling the NDI SDK or any part thereof, or attempting to do so. This restriction also applies to any protocols used in the SDK.
4.4 Disclaimer of Warranties: To the maximum extent permitted by applicable law, all warranties related to the NDI SDK, whether express, implied, or statutory, are disclaimed on behalf of NDI and its licensors. This includes, without limitation, any warranties of merchantability, fitness for a particular purpose, non-infringement, or arising from course of dealing, course of performance, or usage of trade.
4.5 Limitation of Liability: NDI and its licensors disclaim any liability for damages, whether direct, indirect, incidental, or consequential, arising from the use of the Software, including any Bundled Products that incorporate the NDI SDK. This limitation applies to the maximum extent permitted by applicable law.
4.6 Export Compliance: The Licensee agrees to fully comply with all relevant export laws and regulations of the United States to ensure that the NDI SDK or any Bundled Products incorporating the SDK are not exported, directly or indirectly, in violation of United States law.
4.7 "NDI® is a registered trademark of NDI, Inc. © NDI, Inc. All Rights Reserved."
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5. Limitation of Liability
5.1 Liability Limit: For damages (excluding personal injury) caused by intentional or gross negligence on the part of Brainsalt Media, liability is limited to 25% of the value of the goods or annual license fee, or a maximum of EUR 50,000. However, the liability amount shall not exceed the actual damages incurred.
5.2 No Consequential Damages: Brainsalt Media is not liable for any consequential damages, such as lost profits, loss of goodwill, business interruption costs, lost interest, unrealized savings, financial loss, loss of data, or claims by third parties.
5.3 Exclusions: Brainsalt Media is not liable for damages arising from the Licensee's conduct.
5.4 Claim Period: If the Licensee is a business entity, they must bring any damage claims to court within six months of becoming aware of the damage; otherwise, the claims expire.
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6. Indemnification
6.1 Licensee Indemnification: The Licensee agrees to defend, indemnify, and hold Brainsalt Media, its affiliates, subsidiaries, directors, officers, employees, agents, business partners, and licensors harmless from any claims or demands, including reasonable attorneys' fees, made by third parties arising from:
a) Any content created or displayed using the Software,
b) Violations of third-party rights,
c) Violations of the law, or
d) False, fraudulent, malicious, or inaccurate representations by the Licensee.
6.2 Further Indemnity: The Licensee also agrees to indemnify Brainsalt Media from any claims or demands, including reasonable attorneys' fees, related to the Licensee’s use of the Software in violation of this EULA.
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7. Export Control Compliance
The Licensee agrees to comply with all applicable export control laws and regulations, including but not limited to those of Austria, the European Union, and the United States. The Licensee warrants that they are not located in a country subject to export restrictions or designated as a "terrorist-supporting" country.
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8. Data Collection and Use
By using the Software, the Licensee consents to the collection and processing of personal data by Brainsalt Media in accordance with the Privacy Policy (www.brainsalt.com/privacy-policy). Licensee acknowledges that any data collected through the use of the Software may be processed and stored on servers located in the European Union.
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9. Backup Responsibility
Brainsalt Media is not responsible for any data loss. It is the Licensee's responsibility to maintain backups of any critical data that interacts with the Software.
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10. Termination
10.1 Termination by Brainsalt Media:
Brainsalt Media reserves the right to terminate this EULA and the Licensee’s rights to use the Software under the following circumstances:
a) Breach of Terms: If the Licensee violates any provision of this EULA, including but not limited to unauthorized distribution, modification, reverse engineering, or use of the Software in violation of this agreement.
b) Non-Payment: If the Licensee fails to pay the required license fees or any other applicable fees owed to Brainsalt Media.
c) Legal and Regulatory Compliance: If the use or continued licensing of the Software to the Licensee would cause Brainsalt Media to violate applicable laws, regulations, or export restrictions.
d) Misuse or Abuse: If the Licensee misuses the Software, including but not limited to using it in a manner that infringes on intellectual property rights, causes harm to third parties, or damages the reputation or operation of Brainsalt Media or its products.
e) Bankruptcy or Insolvency: If the Licensee becomes insolvent, files for bankruptcy, or is subject to any form of legal or financial liquidation process.
f) End of Life or Discontinuation: If Brainsalt Media decides to discontinue the Software or support for it, and provides the Licensee with reasonable prior notice.
g) Third-Party SDK Requirements: If a third-party SDK, including but not limited to the NDI SDK, requires the termination of the Licensee’s rights to use the Software, including a situation where Brainsalt Media is required to terminate this EULA with 30 days' notice in compliance with NDI’s license agreement.
10.2 Termination by the Licensee:
The Licensee may terminate this EULA at any time by:
a) Providing written notice to Brainsalt Media, and
b) Deleting or destroying all copies of the Software in the Licensee's possession, and ceasing all use of the Software.
10.3 Effect of Termination:
a) Upon termination, all rights granted to the Licensee under this EULA shall immediately cease, and the Licensee must stop using the Software and delete or destroy all copies in their possession or control.
b) If this EULA is terminated due to a breach by the Licensee, the Licensee will not be entitled to a refund of any fees paid. Brainsalt Media reserves the right to pursue further legal action for damages arising from the breach.
c) If Brainsalt Media discontinues the Software or terminates the Licensee’s rights for reasons unrelated to a breach, or if the termination is triggered by a third-party SDK provider’s terms (e.g., NDI), Brainsalt Media may offer a prorated refund for any unused portion of the license term or provide transition assistance, at its sole discretion.
10.4 Survival:
The following provisions shall survive termination of this EULA: Sections 2 (Warranty Disclaimer), 3 (Limitation of Open-Source Components), 5 (Limitation of Liability), 6 (Indemnification), 7 (Export Control Compliance), 8 (Data Collection and Use), 9 (Backup Responsibility), and 11 (Final Provisions), and any other provisions that by their nature should survive termination.
10.5 No Waiver:
Termination of this EULA shall not limit Brainsalt Media’s rights or remedies under this agreement, or at law or in equity, in the event of a breach by the Licensee prior to such termination.
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11. Final Provisions
11.1 This EULA is governed exclusively by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and international conflict rules.
11.2 All legal disputes arising from this contractual relationship shall be resolved through arbitration in Linz, Austria, in accordance with the rules of the International Chamber of Commerce (ICC). The arbitration decision shall be final and binding upon the parties. If the Licensee is a consumer, the courts at their place of jurisdiction shall have authority.
11.3 Severability: If any provision of this EULA is deemed invalid or unenforceable, the remaining provisions shall remain valid and enforceable. The invalid clause shall be replaced by a provision that most closely approximates the economic intent of the original clause.

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Brainsalt Media GmbH, Bockgasse 2b, 4020 Linz, Austria