This page sets forth the following:
1. the End User License Agreement for OvenMediaEngine Enterprise; and
2. the Terms and Conditions of the OvenMediaEngine Enterprise Support Program.
Important Notice: Please read and agree to this Agreement before using AirenSoft Co., Ltd. ("AirenSoft")’s OvenMediaEngine Enterprise and/or OvenMediaEngine Enterprise Support Program.
This Agreement is a legally binding contract between You (individual or legal entity, including its employees/agents) and AirenSoft. It governs the license to use OvenMediaEngine Enterprise (which is licensed, not sold) and the terms of the OvenMediaEngine Enterprise Support Program.
If You have questions regarding this EULA or require a copy, please contact contact@airensoft.com.
Effective Date Conditions:
IF YOU DO NOT AGREE TO THIS EULA, do not download or install OvenMediaEngine Enterprise. Furthermore, if you have already received a License Key, please delete it immediately.
0.1 “AirenSoft”: Refers to AirenSoft Co., Ltd., a corporation duly organized and existing under the laws of the Republic of Korea, located at Room 1203, Twenty-first Valley, 157 Yangpyeong-ro, Yeongdeungpo-gu, Seoul, Republic of Korea. AirenSoft developed and maintains OvenMediaEngine Enterprise and plans and provides the OvenMediaEngine Enterprise Support Program.
0.2 “You”, “Your” or “Licensee”: Refers to the legal entity (including its employees, agents, and contractors) or individual who purchases, downloads, installs, activates, or uses OvenMediaEngine Enterprise, and/or the OvenMediaEngine Enterprise Support Program in accordance with the terms agreed upon with AirenSoft Co., Ltd.
0.3 “Order Form”: Refers to any order record (e.g., an executed quote, invoice, or purchase order (“PO”)) that contains essential information such as license type, term, quantity, fees, and Support Tier.
0.4 “Software”: Includes OvenMediaEngine Enterprise and its related components, software development kits (SDKs), related printed/electronic materials, and any Update(s)/Upgrade(s) provided in accordance with the terms agreed upon with AirenSoft Co., Ltd.
0.5 “Docs”: Refers to manuals related to the download, installation, activation, usage/application methods, and feature descriptions of OvenMediaEngine Enterprise, as well as release notes containing Update/Upgrade details, primarily posted at docs.enterprise.ovenmediaengine.com (or its successor website).
0.6 “Update(s)”: Refers to a release of OvenMediaEngine Enterprise that may include bug fixe(s), enhancement(s)/improvement(s), patch(es), and/or other modification(s), typically indicated by a change in the minor version number.
0.7 “Software Upgrade(s)” or “Upgrade(s)”: Refers to a new version/release of OvenMediaEngine Enterprise that may include major update(s) and/or new feature(s), typically indicated by a change in the major version number.
0.8 “Service Upgrade(s)” or “Service Tier Upgrade(s)”: Refers to changing the Support Tier to a higher level within the OvenMediaEngine Enterprise Support Program. Conversely, lowering the Support Tier is referred to as “Service Downgrade(s)” or “Service Tier Downgrade(s).”
0.9 “Server”: Refers to a physical or Virtual Machine ("VM") running a single operating system.
0.10 “Instance(s)”: Refers to a single process in which OvenMediaEngine Enterprise is installed and running on a Server, Container, or other environment; each distinct execution unit is considered a separate Instance requiring a License.
0.11 “Channel(s)”: Refers to an output video track(s) encoded by OvenMediaEngine Enterprise. For example, one (1) Channel means one (1) output video track encoded by OvenMediaEngine Enterprise.
0.12 “License(s)”: Refers to the authority to use OvenMediaEngine Enterprise. It constitutes a right of use only and does not grant any ownership, resale, or sublicensing rights.
0.13 “License Key(s)”: Refers to the alphanumeric string used to activate OvenMediaEngine Enterprise on an Instance.
0.14 “Service”: Refers to the technical support, consulting, maintenance, and Update(s)/Upgrade(s) provided by AirenSoft Co., Ltd. to OvenMediaEngine Enterprise users, either for a fee or free of charge, collectively referred to as the OvenMediaEngine Enterprise Support Program.
0.15 “Support Channel”: Refers to the communication methods (e.g., email, Slack) used by AirenSoft Co., Ltd. to provide the OvenMediaEngine Enterprise Support Program.
0.16 “Production”: Refers to the live operating environment where service(s) using OvenMediaEngine Enterprise are provided to end users.
0.17 “Trademark”: Refers to names, trademarks, service marks, trade names, logos, designs, trade dress, domain names, and other brand designations that AirenSoft Co., Ltd. uses, registers, owns, or holds rights to in connection with OvenMediaEngine Enterprise and/or the OvenMediaEngine Enterprise Support Program.
0.18 “Website”: Refers to the official websites owned, managed, operated, and provided by AirenSoft Co., Ltd. (airensoft.com and ovenmediaengine.com) and their subpages.
0.19 “Affiliate(s)”: Refers to any entity that directly or indirectly controls, is controlled by, or is under common control with a party, where “control” means ownership of more than fifty percent (50%) of the voting interests of such entity.
1.1 Method of Agreement. By taking any of the actions set forth in the definition of "Effective Date" above, You acknowledge and agree to be bound by this EULA. If You are agreeing on behalf of a legal entity, You represent and warrant that You have the authority to represent and bind such entity.
1.2 Scope of Application. This Agreement governs both (a) the OvenMediaEngine Enterprise License (EULA) and (b) the OvenMediaEngine Enterprise Support Program Terms (Appendix B). If You purchase or receive the OvenMediaEngine Enterprise Support Program, the Service terms apply in addition to this EULA.
1.3 Entire Agreement and Priority. The main body of this EULA, Appendix B (OvenMediaEngine Enterprise Support Program Terms), and the Order Form constitute the entire agreement between You and AirenSoft. In the event of a conflict:
2.1 Software License. AirenSoft hereby grants You a limited, non-exclusive, non-transferable License to install, execute, and use the Software. This License does not grant ownership or rights to sell/resell the Software and does not include any transfer of title.
2.2 Ownership. All rights, title, and interest in and to the Software, including all copies, code, Licenses, License Keys, and all related copyrights, trade secrets, patents, Trademarks, and other intellectual/industrial property rights and proprietary rights, shall remain the exclusive property of AirenSoft. These rights include registration, application, renewal, and extension of such rights.
2.3 Grant of License. Subject to Your compliance with this EULA and payment of applicable fees, AirenSoft grants You a worldwide, non-exclusive, non-transferable, non-sublicensable right to use the Software. You may use the Software by downloading and installing it, and then activating the Instance with a valid License Key.
2.4 License Types.
2.5 License Delivery. The License Key and Docs required to download, install, activate, and use the Software will be delivered via email or other electronic means to the contact information specified in the Order Form.
2.6 Online License. The License Key is activated and verified through periodic communication with AirenSoft’s License Server; therefore, You must maintain an active internet connection for the Instance. AirenSoft reserves the right to perform periodic online authentication/verification/validation at a reasonable frequency.
2.7 Offline License. For environments where Instances cannot connect to the internet, AirenSoft may provide a License operable offline under the conditions listed below:
2.8 License Verification and Audit.
3.1 Restrictions. You shall not engage in the following acts, except to the extent expressly permitted by applicable law:
3.2 Permitted Services. You may use the Software to provide live streams or other streamed content to end users or customers from Your infrastructure (including on-premises, Servers, cloud accounts in Your name, CDNs, and similar environments). AirenSoft does not provide infrastructure; the subject of this Agreement is limited to the streaming server software, OvenMediaEngine Enterprise.
3.3 Outsourcing and Customer Use. You may utilize outsourcing vendors/contractors for operation or allow Your customers to use the streaming output of the Software, provided that You guarantee their compliance with this Agreement and remain liable for their acts and omissions.
3.4 Responsibility for Content. AirenSoft does not access, control, or monitor Your content. All content processed, streamed, recorded, or transmitted via the Software is Your sole responsibility. You warrant that (i) You possess all necessary rights, consents, and permissions for the processing/transmission of the content, and (ii) the content complies with applicable laws and third-party rights.
4.1 Service Tier. The Support Program is provided in Basic, Business, and Enterprise Tiers, subject to change by AirenSoft from time to time through policy updates.
4.2 Policy. AirenSoft may update such policies from time to time, provided that the overall Service level is not materially diminished.
4.3 Service Scope and Response Time. The scope, Support Channels, and response times/targets are summarized at airensoft.com/ome-enterprise.html#enterprise-support and in Appendix B. Response times are targets only and non-binding; failure to meet such targets shall not constitute a breach of this Agreement.
4.4 Update/Upgrade Provision. Updates/Upgrades are provided only to Service subscribers (including Basic Tier). Critical security fixes may be provided at AirenSoft’s discretion.
4.5 Suspension for Abuse. If Your Service usage is excessive, outside the scope of the applicable Tier, or reasonably deemed inappropriate, AirenSoft may suspend or resume Service for the relevant License after providing prior notice and a reasonable opportunity for correction (e.g., upgrade to an appropriate Tier).
5.1 License Compliance. The Software may include open-source software and other third-party components ("Open Source Components"). License information for such Open Source Components is available at docs.enterprise.ovenmediaengine.com/guide/references/oss-notice.
5.2 x264 Commercial License. The Software activates OpenH264 ("Software Encoder") and/or Nvidia/Xilinx ("Hardware Encoder") by default for unlimited use within Server performance limits. If You wish to use x264, You may activate the x264 Commercial License ("x264 Add-on") made available with the Software as an optional add-on.
Additional Agreement: The x264 Add-on can be provided to Subscription and/or Perpetual License users, and activation requires a separate supplemental agreement. Refer to airensoft.com/ome-enterprise.html#x264 for pricing and policy details.
5.3 Customer Compliance Obligation. By using the Software, You are deemed to have reviewed the license conditions of included Open Source Components and agreed to comply with them. Each license of Open Source Components applies separately from this EULA, and no provision in this EULA limits Your rights or increases Your obligations under those licenses.
5.4 Disclaimer of Warranty. Open Source Components are provided "AS IS." AirenSoft provides no express or implied warranties regarding the function, non-infringement, or fitness for a particular purpose of such components. All liability related to Open Source Components is governed by the respective License terms.
6.1 Policy. Fees, charges, payment currency, payment terms, and overdue regulations in the Order Form take precedence. If not specified, this EULA applies.
6.2 Currency and Payment Method. All costs are billed and paid in USD, principally via bank transfer (SWIFT). Methods such as GitHub Sponsors, Payoneer, or PayPal may be temporarily permitted upon mutual agreement.
6.3 Subscription Renewal. Monthly and Annual Subscription Licenses with recurring billing automatically renew for the same period as the initial term. All renewal costs must be prepaid, unless payment timing is adjusted by agreement.
6.4 Payment Terms (Net30). Payment for non-recurring Subscription License(s) and/or for Perpetual License(s) is due within thirty (30) days of the invoice date (Net 30). Failure to pay within the term may result in suspension/termination of the License, revocation/deactivation of License Keys, or refusal of renewal.
6.5 Fees. You bear all bank, payment, transfer, tax, gateway, exchange, and platform fees to ensure AirenSoft receives the full amount specified in the invoice.
6.6 Taxes. All amounts exclude taxes. You shall be responsible for payment of all applicable taxes, excluding taxes based solely on AirenSoft’s net income.
6.7 Overdue Interest. Past due amounts shall accrue interest at 1.5% per month (or the maximum rate permitted by law, whichever is lower). AirenSoft may charge reasonable collection costs associated with the delay. You agree to reimburse AirenSoft for all reasonable costs incurred in collecting overdue amounts.
6.8 Refunds. Except as required by law or specified in the Order Form, fees are non-refundable once (i) You receive the License Key, (ii) You activate the License (install Software), (iii) Service has commenced, or (iv) the contract is terminated for convenience by You before the end of the then-current License term.
Exception: If a critical defect directly caused by AirenSoft prevents the Software’s core functions from operating normally, and AirenSoft fails to provide a fix or workaround within a reasonable period (not exceeding thirty (30) days) after written notice, AirenSoft may, at its reasonable discretion, refund a prorated amount for the unused subscription period or provide service credits. This is Your sole and exclusive remedy for service failures caused by AirenSoft.
7.1 Confidentiality. AirenSoft and You shall protect mutual confidential information collected in connection with the negotiation, execution, and performance of this Agreement with reasonable care and use it solely for the purpose of performing this Agreement. Execution of NDA: If a Non-Disclosure Agreement (“NDA”) is required, You may request to execute a separate NDA with AirenSoft; however, no provision contained in such NDA shall modify or supersede the terms of this EULA.
7.2 Protection of License Key. The License Key is AirenSoft’s asset and confidential information. Any unauthorized disclosure, sharing, posting, or reuse is strictly prohibited, and You must take reasonable protective measures. You acknowledge that any violation of this section may cause irreparable harm to AirenSoft, entitling AirenSoft to seek equitable relief, including injunctive relief, in addition to monetary damages.
7.3 Collection of Minimal Personal and/or Technical Information. AirenSoft collects and processes the minimum personal information and/or technical data for the performance of this Agreement, identification of the contracting party, verification of Software usage, and provision of technical support. The categories of data include, but are not limited to: (i) Contact Identification Information (e.g., contracting party’s email address); and (ii) Technical Support Information (e.g., access IP address, Software error and performance logs).
7.4 File Request. If AirenSoft requests configuration files (Server.xml) or logs for support, any confidential information is protected under §7.1.
8.1 Limited Warranty. AirenSoft warrants that the Software will substantially conform to the features and descriptions in the Docs for a period of ninety (90) days from the date of License Key delivery (‘Warranty Period”).
8.2 DISCLAIMER. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN §8.1, THE SOFTWARE AND SERVICE ARE PROVIDED "AS IS," AND AIRENSOFT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
The warranty does not apply to: (a) Use in environments or configurations not supported by AirenSoft, or usage/configuration that is contrary to the Docs; (b) Non-conformities resulting from modifications, combinations, or alterations of the Software made by You and/or any third-party; (c) Non-conformities resulting from Your failure to apply the latest patches, recommended security patches, or workarounds; (d) Software failures attributable to misuse, abuse, unauthorized access, or external causes; (e) Any Beta, preview, or experimental features.
8.3 Beta Features. Beta, preview, or experimental features are provided on an “AS IS” basis and may be modified or discontinued at any time without prior notice. AirenSoft strongly discourages the use of such features in a Production environment, and You acknowledge that any risk or damage arising from such use shall be borne entirely by You.
8.4 Requirements for Warranty Claims. To make a valid claim under the warranty set forth in §8.1, You must: (i) notify AirenSoft of the non-conformity in writing without undue delay within the Warranty Period (90 days); and (ii) provide sufficient evidence, such as reproduction steps and logs, to demonstrate the non-conformity. AirenSoft will validate the claim within a reasonable time, provided it does not fall under the exclusions in §8.2.
8.5 Sole and Exclusive Remedy. If a non-conformity is confirmed during the Warranty Period, AirenSoft’s sole obligation and Your exclusive remedy shall be, at AirenSoft’s reasonable discretion, either: (a) to repair, correct, or replace the non-conforming Software; (b) to refund the fees paid for the affected License if the License Key has not been used or if a critical defect prevents the Software from being installed or operated; or (c) to refund a prorated portion of the fees corresponding to the unused remaining License term if the License has already been used, in accordance with the refund conditions set forth in §6.8.
THIS SECTION STATES YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF WARRANTY.
8.6 Indemnity for IP Infringement.
8.7 Indemnification by You. You agree to indemnify, defend, and hold harmless AirenSoft from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) Your content; (b) Your violation of applicable laws; or (c) any service, platform, or solution You provide to third parties using the Software, except to the extent caused by AirenSoft’s gross negligence or willful misconduct.
9.1 EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AIRENSOFT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR DAMAGES FOR: (i) LOSS OF PROFITS (WHETHER ACTUAL OR ANTICIPATED, AND INCLUDING LOSS OF CONTRACTUAL PROFITS); (ii) LOSS OF USE OF MONEY OR ANTICIPATED SAVINGS; (iii) LOSS OF BUSINESS, LOSS OF OPPORTUNITY, OR LOSS OF GOODWILL OR REPUTATION; OR (iv) LOSS, DAMAGE, CORRUPTION, OR COMPROMISE OF DATA OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR ANY OTHER LEGAL THEORY, EVEN IF AIRENSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.2 LIMITATION OF TOTAL LIABILITY. AIRENSOFT’S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE APPLICABLE SOFTWARE AND/OR SERVICE GIVING RISE TO THE LIABILITY DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE FIRST INCIDENT GIVING RISE TO THE LIABILITY.
Exception: The limitations in §9 shall not apply to damages caused by AirenSoft’s willful misconduct or gross negligence, or where liability cannot be excluded or limited by mandatory applicable law.
9.3 Judicial Reduction of Liquidated Damages. You and AirenSoft acknowledge and agree that any amount set forth herein as liquidated damages or penalty may be reduced by a court of law if deemed unjustly excessive pursuant to Article 398(2) of the Civil Act of the Republic of Korea.
10.1 Compliance with Laws. You shall comply with all applicable laws of the Republic of Korea, specifically including the Foreign Trade Act and its Enforcement Decree and Enforcement Rules, the Public Notice on Trade of Strategic Items by the Ministry of Trade, Industry and Energy, and external sanction measures adopted and implemented by the government of the Republic of Korea (including UN sanctions). Furthermore, You must strictly comply with all export control and sanctions laws applicable to Your location or the region where the Service is provided (e.g., U.S. EAR/OFAC, EU Dual-Use Regulation).
10.2 Sanctions. Pursuant to §10.1, You shall not export, re-export, transfer, or use the Software in any country, entity, or for any end-use prohibited under the export control and sanctions laws of the Republic of Korea or other applicable jurisdictions (e.g., U.S. EAR/OFAC, EU Dual-Use Regulation). You represent and warrant that You are not designated as a sanctioned party under such laws.
10.3 Government Procurement. The Software is classified as “Commercial Computer Software.” If the Software is acquired by or on behalf of a government entity or its agents, the use, duplication, or disclosure of the Software shall be subject solely to the restrictions set forth in this EULA.
11.1 Term. This Agreement shall be effective as of the Effective Date. The specific validity period of each License shall be determined by the dates specified in the applicable Order Form.
11.2 Expiration. Except as otherwise provided in §6.3, each License shall automatically terminate upon the expiration of the term specified in the Order Form without separate notice. Upon such expiration, Your right to use the Software shall cease immediately.
11.3 Voluntary Termination. Any voluntary termination or termination request by You, other than for reasons attributable to AirenSoft, shall be deemed a termination for convenience by You. In such event, fees already paid are non-refundable (pursuant to §6.8), and You may continue to use the Software until the expiration of the then-current prepaid term.
11.4 Termination for Cause. Either party may terminate this Agreement if the other party commits a “Material Breach” and fails to cure such breach within thirty (30) days after receiving written notice (provided, however, that a breach of §14.1 shall be grounds for immediate termination without a cure period). Failure to cure may result in applicable remedies, including correction, replacement, or termination. In particular, if the breach consists of non-payment of fees, AirenSoft may suspend the License, terminate this Agreement, and/or charge overdue interest pursuant to §6 after providing notice of any outstanding fees.
Definition of Material Breach: Includes, but is not limited to: (a) infringement of intellectual property rights; (b) illegal or unauthorized use; (c) violation of applicable laws; (d) persistent failure to pay fees; (e) non-performance of obligations; or (f) substantial breach of contract terms.
11.5 Termination for Force Majeure. If a Force Majeure event (as defined in §14.7) continues for more than thirty (30) consecutive days, either party may terminate this Agreement upon written notice without liability. In such case, any prepaid fees for the unused period shall be settled on a pro-rata basis upon mutual agreement.
11.6 Effect of Termination.
11.7 Survival. Provisions regarding Licenses, Restrictions, Fees (including payment obligations), Confidentiality, Disclaimer of Warranties, Indemnification, Limitation of Liability, Governing Law, Dispute Resolution, and specifically §2.8, §§3-10, §11.6, and §§12-14, shall survive the termination or expiration of this Agreement.
12.1 Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the Republic of Korea, without regard to its conflict of laws principles.
12.2 Dispute Resolution. Any dispute, controversy, or claim arising out of or relating to this Agreement shall be resolved in one of the following ways:
12.3 Language. This Agreement is drafted in Korean. An English translation is provided solely for convenience. In the event of any conflict or inconsistency between the Korean version and the English translation, the Korean version shall prevail, subject to interpretation by the competent court or arbitral tribunal.
13.1 Electronic Notice. To ensure efficiency, notices shall primarily be sent via email. You shall send notices to AirenSoft’s email address specified in the Order Form. Electronic notices shall be deemed received one (1) business day after sending, provided that no delivery failure notification is received.
Email: contact@airensoft.com
13.2 Written Notice. Where written notice is required by law or this Agreement, You shall send it to AirenSoft’s address specified in the Order Form (or as updated under this Section). Each party shall notify the other of any change to its notice contact information within ten (10) days.
Address: Room 1203, Twenty-first Valley, 157 Yangpyeong-ro, Yeongdeungpo-gu, Seoul, 07207, Republic of Korea.
14.1 Assignment and Affiliate Use. (a) Assignment: You may not assign or transfer this Agreement, in whole or in part, without AirenSoft’s prior written consent. However, assignment resulting from a merger, reorganization, or transfer of substantial assets may be effective upon written notice to AirenSoft, provided that You guarantee the assignee’s full compliance with this Agreement. Notwithstanding the foregoing, if the assignee is a direct competitor of AirenSoft, AirenSoft’s prior written consent is strictly required. (b) Affiliate Use: Your Affiliate(s) may use the Software under the terms of this EULA, and such use shall not be deemed an assignment. However, upon AirenSoft’s request, You must provide proof of the Affiliate relationship (e.g., controlling interest) and guarantee Your Affiliate(s)’ full compliance with this Agreement.
14.2 Amendment. AirenSoft will notify You of any material changes adverse to You at least 30 days prior to the effective date via the Website (airensoft.com/eula.html) and/or email. If You do not agree to the changes, You may terminate the Agreement before the effective date. For auto-renewing Subscription License users, AirenSoft will clearly notify You again of the renewal fees, term, and cancellation methods at least seven (7) days prior to the renewal date.
14.3 Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
14.4 No Waiver. Failure or delay by AirenSoft to exercise any right or remedy under this Agreement shall not operate as a waiver of such right or remedy.
14.5 Feedback. Any suggestions, feedback, or ideas You provide regarding the Software may be used, modified, and incorporated by AirenSoft freely without any obligation of compensation or notice.
14.6 Electronic Document(s). Order Form(s), invoice(s), confirmation email(s), and electronic signature(s) shall have the same legal validity and enforceability as written document(s) and signature(s).
14.7 Force Majeure. AirenSoft shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, national emergencies, pandemics, government actions, or internet/hosting service failures.
14.8 Intended Use. The Software and/or Service are intended for Production, enterprise, and commercial use. To the extent mandatory consumer protection laws apply, this Agreement shall be interpreted so as not to infringe upon statutory consumer rights.
14.9 Reseller Purchases. If You acquired the License through a reseller, any separate agreements or warranties provided by the reseller are solely the reseller’s responsibility and do not bind AirenSoft. All terms regarding Software and/or Service usage are governed exclusively by this Agreement.
14.10 Trademarks and Publicity.
14.11 Compliance and Ethics. AirenSoft and You acknowledge and agree to comply with all applicable international ethical and compliance standards, including but not limited to laws regarding anti-bribery, anti-corruption (e.g., US FCPA, UK Bribery Act), prohibition of child labor, and fair trade/antitrust regulations. You acknowledge that any violation of §14.11 constitutes a Material Breach of this Agreement, entitling AirenSoft to immediate termination without penalty.
14.12 Source Code Escrow. AirenSoft is under no obligation to provide source code escrow unless explicitly agreed to in writing. AirenSoft may, at its sole and absolute discretion, propose or agree to enter into a Source Code Escrow Agreement ("Escrow Agreement") with a designated escrow agent. You shall bear all costs and expenses associated with the Escrow Agreement, including but not limited to initial setup fees, annual maintenance fees, and beneficiary enrollment fees. The release of the source code shall be strictly limited to events of insolvency or cessation of business by AirenSoft (including bankruptcy, liquidation, or formal winding-up), as specifically defined in the executed Escrow Agreement.
14.13 Liquidated Damages. Subject to §9.3, if this Agreement or an Order Form contains a provision for liquidated damages or a penalty, the parties expressly acknowledge and agree that such amount represents a reasonable pre-estimate of the actual damages likely to be incurred and is not intended as a forfeiture or penalty. The imposition of such liquidated damages shall be without prejudice to any other rights or remedies available to AirenSoft under this Agreement or applicable law (including the right to claim actual damages in excess of the liquidated amount, if permitted by law).
A.1 Purpose. This Appendix summarizes the License policy and usage calculation standards for the Software. For detailed pricing, policies, and further information, please refer to the Website (airensoft.com/ome-enterprise.html#pricing).
General Principle: The fundamental unit of usage for OvenMediaEngine Enterprise is based on installation (e.g., on Server, Container). Each installation constitutes a separate Instance requiring a License.
Governance: Policies regarding License Key activation, expiration, and revocation are governed by §2, 6, and 11 of the EULA. Usage verification follows the Remote Verification process in §2.8, and any overage shall be subject to True-Up settlement.
A.2 Calculation Policies and Criteria.
Instance: Refers to a single process in which the Software is installed and executing on a Server, Container, VM, or any other computing environment. Each installation unit is considered a separate Instance and requires the corresponding number of License(s). For example: (a) If You use 3 Instances, You will need 3 Licenses.
High Availability (“HA”): A separate License is required for each node that will install the Software, constituting an HA configuration.
Cluster: A separate License is required for each Origin and/or Edge Server within a cluster.
Channel: Refers to one (1) output video track encoded by the Software from a single live stream (which may contain multiple tracks). Channel-based billing applies only to specific Add-ons (e.g., x264) as stated in the Order Form. For example:
B.1 Purpose and Scope. These Terms govern the conditions, scope, Your obligations, and limitations of liability for the OvenMediaEngine Enterprise Support Program. These Terms constitute an integral part of the EULA. In the event of any conflict regarding Service-related matters, these Terms shall take precedence over the main body of the EULA.
Important Disclaimers:
B.2 Definitions.
B.3 Support Tiers and Scope.
B.4 Response Time Targets (non-binding). The following times are targets for the initial response only and are not binding commitments. If You need support outside of Business Hours (nights/weekends/holidays), it will require a separate agreement.
B.5 Your Obligations. To ensure efficient Service delivery, You agree to fulfill the following obligations:
B.6 Ownership of Support Rights.
B.7 Changes, Suspension, and Termination.
B.8 Fees and Refunds.
B.9 Right to Professional Services and Deliverables. Unless a separate Statement of Work (“SOW”) is executed, AirenSoft retains exclusive ownership of all intellectual property rights in any deliverables, data, tools, scripts, patches, or documentation created, provided, or developed during the course of providing technical support or consulting. You are hereby granted a non-exclusive, non-transferable license to use such deliverables solely in connection with the Software.
B.10 Warranty and Limitation of Liability. The Service is provided on an "AS IS" basis. AirenSoft makes no warranties regarding the outcome of the support. Indemnification and limitation of liability are governed by §8 and §9 of the main EULA.
B.11 Data Processing and Security.
B.12 Version and Compatibility Policy.
B.13 Dispute Resolution and Governing Law. These Terms shall be governed by the laws of the Republic of Korea. Any disputes arising out of or related to these Terms shall be resolved in accordance with the jurisdiction and dispute resolution provisions set forth in EULA §12.