SMPA Setup Guide
December 2, 2022 Scala, Inc. Page | 89
Scala End User License Agreement
Version: June 2017
This Software License Agreement (“Agreement”) is entered into between Scala, Inc. (which, for purposes of this Agreement, shall be deemed to include any
majority owned subsidiary of Scala, Inc.) (“Scala”), and the purchaser, licensee or user (“Licensee”) of Scala Software (as defined below). The terms of this
Agreement also apply to any Scala Software Updates, and/or Software Maintenance (as each term is defined below) for the Scala Software, unless other terms
accompany those items. If so, those terms apply.
READ THIS LICENSE CAREFULLY. BY OPENING THE SCALA SOFTWARE PRODUCT PACKAGING AND/OR USING THE SCALA SOFTWARE, LICENSEE AGREES TO
BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. THE DATE OF LICENSEE’S AGREEMENT IS THE EFFECTIVE DATE.
If Licensee does not agree to the terms of this Agreement prior to opening the Scala Software packaging or installing the Scala Software, Licensee shall cease
using (or refrain from commencing use of) the Scala Software, and shall, as applicable, uninstall and/or permanently delete the Scala Software, Documentation
(and any copies thereof) from the computers or computer system(s) on which the Scala Software has been loaded or stored, and return the Scala Software and
Documentation, all media on which it is stored, all product packaging, and proof of payment to the Scala Partner (as defined below) pursuant to such Scala
Partner’s return policy. If Licensee does not agree to the terms of this Agreement, and has acquired the Scala Software as part of a pre-configured computer
system on which the Scala Software has been installed, Licensee must either promptly cease using the Scala Software, uninstall and/or permanently delete the
Scala Software and Documentation (and any copies thereof) from the computer system(s) on which the Scala Software has been preloaded, or return the pre-
configured system pursuant to the system vendor’s return policy.
1. DEFINITIONS.
“Content Manager” means Scala software that includes a server-based application which schedules and manages the transmission of multimedia
content to Playback Devices.
“Designer” means Scala software used to design or create content for digital signage or media displays.
“Documentation” means the user guides, tutorials, printed instructions, reference manuals, and other explanatory materials developed by Scala
that accompany or are stored on or in the Scala Software or available on the web at: www.scala.com for use in connection with the Scala Software.
“Dongleless Software” means the Content Manager or Designer software generated by Scala on behalf of Licensee or Scala Partner that has been
customized to allow Scala Software to operate without the use of a hardware dongle.
“End User” means, as applicable, Licensee or any person or entity (including, for the avoidance of doubt, any employee or agent of Licensee) that
uses the Scala Software.
“Object Code” means the form of Scala Software wherein computer programs are assembled or compiled in magnetic or electronic binary form on
software media, which are readable and usable by machines, but not generally readable by humans without reverse-assembly, reverse-compiling,
or reverse-engineering.
“Operating Environment” means a physical computer, virtual machine or logical partition/container and its resident operating system software,
taken together as a unit, for the purpose of running Scala Software.
“Playback Device” means any device capable of receiving and/or playing content managed, distributed, routed, or delivered directly or indirectly
through Scala Software or via the Scala API.
“Player Software” means Scala software that provides multimedia playback of content. Player Software may be licensed under a Classic License
or a Feature Based License.
“Scala API” means the application programming interface provided by Scala, principally consisting of Scala web services, COM and Windows
Scripting, etc.
“Scala Partner” means any Scala Certified Partner, reseller or distributor of Scala that sold or licensed the Scala Software to Licensee.
“Scala Software” means, as applicable, the Object Code form of Scala Designer, Scala Player, Scala Content Manager, Scala Broadcast Server or
other Scala software products or access licenses, and shall be deemed to include the Documentation for such Scala Software, the license keys, clip
art, fonts and multimedia files included in the Scala Software, their related software options, software extensions, modules, components, software
upgrades and Software Updates, and Third Party Software integrated into such identified products.
“Single Instance” means that only one copy of a Scala Software product is running (actively executing in any Operating Environment) at a time.
“Software Maintenance” means the provision of Software Updates.
“Software Updates” means bug fixes, documentation improvements and feature additions, including all major (i.e., numbered) and minor (i.e.,
point) releases, when and if made generally available by Scala.
“Third Party Software” means software, referred to as redistributable code that is licensed to Scala by third party licensors for redistribution with
the Scala Software. The redistributable code is the property of Scala’s licensors, and protected under United States and international copyright,
trade secret or other proprietary rights laws, and international treaties.
2. GRANT OF LICENSE RIGHTS.
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