Product Warranties and Returns

NewTek, Inc.

Software License and Limited Warranty

TriCaster™ TCXD8000™
TriCaster™ TCXD855™
TriCaster™ TCXD455™
TriCaster™ TCXD850™
TriCaster™ TCXD850 Extreme™
TriCaster™ TCXD450™
TriCaster™ TCXD450 Extreme™
TriCaster™ TCXD300™
TriCaster™ TCXD40™
3Play™ 3PXD820™
3Play™ 3PXD425™

PLEASE READ THIS CAREFULLY BEFORE USING THIS PRODUCT. BY USING THIS PRODUCT AND ITS SOFTWARE, YOU AGREE TO BE BOUND BY THESE TERMS AND THE SOFTWARE LICENSE AND LIMITED WARRANTY. IF YOU DO NOT AGREE TO THESE TERMS, RETURN THE PRODUCT TO THE PLACE WHERE YOU OBTAINED IT WITHIN 15 DAYS OF PURCHASE FOR A FULL REFUND.

THIS PRODUCT IS AN INTEGRATED HARDWARE/SOFTWARE PRODUCT. YOU OWN THE HARDWARE AND LICENSE THE SOFTWARE. THIS SOFTWARE LICENSE AND LIMITED WARRANTY APPLIES TO THE TRICASTER TCXD8000, TRICASTER TCXD855, TRICASTER TCXD455, TRICASTER TCXD850, TRICASTER TCXD450, TRICASTER TCXD300, TRICASTER TCXD850 Extreme, TRICASTER TCXD450 Extreme AND TRICASTER TCXD40 (ALL REFERRED AS “TRICASTER”) and 3Play 3PXD820 AND 3PXD425 (BOTH REFERRED AS “3PLAY”). TRICASTERS AND 3PLAY ARE REFERRED TOGETHER AS “PRODUCT”. THESE TERMS ARE INCORPORATED INTO THE SOFTWARE LICENSE AND LIMITED WARRANTY BELOW.

Software License

  1. Grant of License
    The computer program(s) (the "Software") installed and/or enclosed with the Product is licensed, not sold, to you by NewTek, Inc. (NEWTEK) for use only under the terms of this License, and NEWTEK reserves any rights not expressly granted to you. You own the any disk(s) that might be enclosed with the Product on which any Software is recorded or fixed, but the Software and all copyright rights therein, foreign and domestic, is owned by NEWTEK or its suppliers and is protected by United States and foreign copyright laws and international treaty provisions.

    The copyright restrictions of this license extend to any further updates, software patches, or bug fixes made available to you by NEWTEK, regardless of how the software is delivered (by downloading, through magnetic media, or other). Any Software updates and/or patches, may be used only on a Product that has a valid and legal Software Licenses under which the update was obtained. If the update is a patch it may be used on any machine that has a valid and legal Software license on it.

    This License allows you to use one copy of the Software and when installed on this Product’s Hardware.
    You may make one copy of the Software in machine readable form solely for backup purposes. The Software is protected by copyright law. As an express condition of this License, you must reproduce on the backup copy the NEWTEK copyright notice in the following format "(c) 1990 - 2011 NEWTEK."

    On Products that include the Network IN feature, this license permits you to copy certain files to other computers, for the purpose of bringing their display into the Product host computer for viewing.

    You may permanently transfer all your rights under this License to another party, if transferred along with the hardware, by providing such party all copies of the Software licensed under this License together with this License and all written materials accompanying the Software, provided that the other party reads and agrees to accept the terms and conditions of this License. Your rights under this license terminate upon such transfer.

    Some of these restrictions may not apply to the GPL, LGPL, or other licensed software/libraries referenced in paragraph 9 below.

    Limited Educational License. If the Product was obtained for Educational Use with an Educational price discount, this license is a limited Educational License, and as such the Software is not licensed to be used for any commercial or other use that is not an Educational Use. Educational Use means use by students, instructors, educational and/or government facilities directly connected with the user’s employment with, or as a student of, a bona fide educational institution of primary, secondary, graduate, or postgraduate level. The terms of purchase relating to restrictions to educational uses in effect at the time of purchase also are part of this license to the extent they don’t conflict. These Educational Uses may be stated from time to time on NewTek’s website, including restrictions on availability of technical support, and are part of the terms of this Educational license. Any noneducational use will be considered, as with other uses in contravention of this license, copyright infringement. You may determine whether it is an Limited Educational License by referring to the serial number and letter code. Call NewTek to determine the nature of the license for this Product.
  2. Restrictions
    The Software contains trade secrets in its human perceivable form and, to protect them, YOU MAY NOT COPY (EXCEPT AS EXPRESSLY AUTHORIZED HEREIN), AND YOU MAY NOT DISTRIBUTE, MODIFY OR CREATE DERIVATIVE WORKS, OR REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, OR OTHERWISE REDUCE THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, OR CREATE ANY MODIFICATIONS OR OTHER DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.
  3. Termination
    This License is effective until terminated. This License will terminate immediately without notice from NEWTEK or judicial resolution if you fail to comply with any provision of this License. Upon such termination you must destroy the Software, all accompanying written materials and all copies thereof. You may also terminate this License at any time by destroying the Software, all accompanying written materials and all copies thereof.
  4. Export Law Assurances
    You agree to comply with all applicable export/import laws and regulations. You agree that neither the Software nor any direct product thereof is being or will be shipped, transferred or re-exported, directly or indirectly, into any country prohibited by the United States Export Administration Act and the regulations thereunder or will be used for any purpose prohibited by the Act.
  5. Limited Warranty and Disclaimer, Limitation of Remedies and Damages.
    YOU ACKNOWLEDGE THAT THE SOFTWARE MAY NOT SATISFY ALL YOUR REQUIREMENTS OR BE FREE FROM MINOR DEFECTS. NEWTEK WARRANTS THE MEDIA ON WHICH THE SOFTWARE IS RECORDED OR INSTALLED TO BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR 90 DAYS FROM PURCHASE. ALL IMPLIED WARRANTIES AND CONDITIONS (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE DISCLAIMED. YOUR EXCLUSIVE REMEDY FOR BREACH OF WARRANTY WILL BE THE REPLACEMENT OF THE MEDIA OR REFUND OF THE PURCHASE PRICE. IN NO EVENT WILL NEWTEK OR ITS DEVELOPERS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF NEWTEK OR AN AUTHORIZED NEWTEK REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF THIS IS AN EVALUATION OR BETA VERSION, YOU ACKNOWLEDGE THAT THE SOFTWARE AND ACCOMPANYING MATERIALS ARE ACCEPTED “AS IS” AND MAY NOT BE FREE FROM DEFECTS. NO WARRANTIES APPLY TO THE X264 SOFTWARE.

    The above limitations will not apply in case of personal injury only where and to the extent that applicable law requires such liability. Because some jurisdictions do not allow the exclusion or limitation of implied warranties or liability for consequential or incidental damages, the above limitations may not apply to you. See additional provisions applicable to this limited warranty following the NewTek hardware Limited Warranty below.
  6. Trademarks: NewTek, TriCaster, TriCaster XD, TCXD8000, TCXD850, TCXD850 Extreme, TriCaster TCXD850 Extreme, TriCaster 850 Extreme, TriCaster Extreme, TriCaster 850, TCXD450, TCXD450 Extreme, TriCaster TCXD450 Extreme, TriCaster 450 Extreme, TriCaster Extreme, TriCaster 450, TCXD300, TCXD40 , TriCaster PRO, TriCaster STUDIO, TriCaster BROADCAST, TriCaster DUO, SpeedEDIT, 3PLAY, 3PLAY 820, 3PLAY 425, 3PXD820, 3PXD425, LiveText, LiveSet, LiveMatte, TimeWarp, VT, VT[3], VT[4], V[T5], Video Toaster, Toaster, Inspire 3D, 3D Arsenal, Aura, LightWave, LightWave 3D and LightWave CORE are trademarks of NEWTEK.. All other brand names, product names, or trademarks belong to their respective holders.
  7. MPEG-2, MPEG-4, AVC/H.264
    Use of this product commercially, including the distribution of content media, may require additional licenses from other licensing sources, including but not limited to MPEG-LA or other entities, depending on your usage.

    MPEG-2: ANY USE OF THIS PRODUCT IN ANY OTHER MANNER THAN CONSUMER PERSONAL USE THAT COMPLIES WITH THE MPEG-2 STANDARD FOR ENCODING VIDEO INFORMATION FOR PACKAGED MEDIA IS EXPRESSLY PROHIBITED WITHOUT A LICENSE UNDER APPLICABLE PATENTS IN THE MPEG-2 PATENT PORTFOLIO, WHICH LICENSE IS AVAILABLE FROM MPEG LA, L.L.C., 250 STEELE STREET, SUITE 300, DENVER, COLORADO 80206.

    MPEG-4; THIS PRODUCT IS LICENSED UNDER THE MPEG-4 VISUAL PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER FOR (i) ENCODING VIDEO IN COMPLIANCE WITH THE MPEG-4 VISUAL STANDARD (“MPEG-4 VIDEO”) AND/OR (ii) DECODING MPEG-4 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED BY MPEG LA TO PROVIDE MPEG-4 VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION INCLUDING THAT RELATING TO PROMOTIONAL, INTERNAL AND COMMERCIAL USES AND LICENSING MAY BE OBTAINED FROM MPEG LA, LLC. SEE HTTP://WWW.MPEGLA.COM.

    AVC/H.264: The use within this product of any files using AVC/H.264 encoding and/or decoding are subject to the following restrictions: CERTAIN software herein is licensed under the AVC patent portfolio license for the personal and non-commercial use of a consumer to (I) ENCODE VIDEO in compliance with the AVC standard (“AVC Video”) and/or (II) Decode avc video that was encoded by a consumer engaged in a personal and non-commercial activity and/Or was obtained from a viedo provider licensed to provide AVC video. No license is granted or shall be implied for any other use. Additional information may be obtained from MPEG LA, L.L.C. See http://www.mpegla.com.
  8. Other MPEG – No warranty
    Your use of this product to distribute CD’s, streaming video, or other media, or certain other commercial uses, may require additional licensing from other appropriate MPEG licensing sources, and no warranty is made otherwise.
  9. Other Licenses – Any use by you of Adobe Reader®, Adobe Flash Player®, and/or Windows Media® viewers and/or players constitutes your acceptance of the terms of the respective licenses by Adobe and Microsoft for such viewers and players. Adobe®, Adobe Flash Player® are trademarks of Adobe®; Windows®, Windows Media® are trademarks of Microsoft®. HDMI®, the HDMI logo, and High-Definition Media Interface® are trademarks of High Definition Licensing,Inc. ADOBE AIR AND FLASH PLAYERS ARE Licensed under the AVC patent portfolio license for the personal and non-commercial use of a consumer to (I) ENCODE VIDEO in compliance with the AVC standard (“AVC Video”) and/or (II) Decode avc video that was encoded by a consumer engaged in a personal and non-commercial activity and/Or was obtained from a video provider licensed to provide AVC video. No license is granted or shall be implied for any other use. Additional information may be obtained from MPEG LA, L.L.C. See http://www.mpegla.com. Other licenses from third parties, including that for INNO SETUP, are referenced in the ABOUT BOX, and you agree to those terms by agreeing to this License.

    This Product may include certain software, including libraries, licensed under the GNU General Public License (GPL) and Lesser General Public License (LGPL) of the Free Software Foundation and some of the above restrictions may not apply to such software, and no warranties apply to such software. Information on these programs, the rights and limitations, is in the ABOUT BOX for you to review and are incorporated herein.
  10. US Government Restricted Provision
    If this Software was acquired by or on behalf of a unit or agency of the United States Government this provision applies. This Software:
    1. Was developed at private expense, and no part of it was developed with government funds,
    2. Is a trade secret of NEWTEK for all purposes of the Freedom of Information Act,
    3. Is "commercial computer software" subject to limited utilization as provided in the contract between the vendor and the government entity, and
    4. In all respects is proprietary data belonging solely to NEWTEK.
      For units of the Department of Defense (DoD), this Software is sold only with "Restricted Rights" as that term is defined in the DoD Supplement to the Federal Acquisition Regulations, 52.227-7013 (c) (1) (ii).
      Use, duplication or disclosure is subject to restrictions as set forth in subdivision (c) (l) (ii) of the Rights in Technical Data and Computer Software clause at 52.227-7013. Manufacturer: NEWTEK, 5131 Beckwith Boulevard, San Antonio, TX 78249.
      If this Software was acquired under a GSA Schedule, the US Government has agreed to refrain from changing or removing any insignia or lettering from the software or the accompanying written materials that are provided or from producing copies of manuals or disks (except one copy for backup purposes) and:
    5. Title to and ownership of this Software and documentation and any reproductions thereof shall remain with NEWTEK,
    6. Use of this Software and documentation shall be limited to the facility for which it is required, and,
    7. If use of the Software is discontinued to the installation specified in the purchase/delivery order and the US Government desires to use it at another location, it may do so by giving prior written notice to NEWTEK, specifying the type of computer and new location site. US Governmental personnel using this Software, other than under a DoD contract or GSA Schedule, are hereby on notice that use of this Software is subject to restrictions which are the same as or similar to those specified.
  11. General
    This Software License and Limited Warranty will be construed under the laws of the State of Texas, except for that body of law dealing with conflicts of law. If any provision shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible and the remaining provisions of this License will remain in full force and effect.

NewTek Inc. Limited Hardware Warranty

This warranty covers only the hardware portion of the Product delivered (“Product”) and extends to the original purchaser only. Software with the Product, installed or uninstalled, is licensed to you, not sold, under the separate license agreement, above, that has its own warranty terms.

NewTek warrants that for a period of 1 year from the date or your original purchase of the Product the hardware shall be free from defects in material and workmanship. If a defect is determined to be covered by this warranty as determined by NewTek, NewTek will correct it, and may do so using new or remanufactured components.

IF THIS IS AN EVALUATION OR BETA VERSION, YOU ACKNOWLEDGE THAT THE HARDWARE AND MATERIALS ARE ACCEPTED “AS IS” AND MAY NOT BE FREE FROM DEFECTS.

NewTek’s Liability and Limitations. NewTek’s obligations are only as expressly stated herein. NewTek is not liable for loss or damage for inconvenience or interruption of service, loss of business, data or anticipatory profits, or consequential, incidental or punitive damages resulting from the use (or operation) of any of the Product. NewTek’s liability is limited solely to the repair or replacement of the defective Product. NewTek is under no obligation or responsibility to enhance or update the product. This warranty does not cover damage or malfunctions resulting from improper handling, accident, misuse, abuse, neglect, electrical surges, failure of electrical power, use with other products not manufactured or approved by NewTek, installation or removal charges or damages, damage while in transit for repair, repair attempted by any unauthorized person, or any other reason not due to defects in materials and workmanship. This warranty is also void if any applicable serial number has been altered, defaced, or removed.

The hardware and software in this product are designed to work in conjunction with each other. Any termination of the Software License, and any use of the software, or any portion of the software, not in conjunction with the hardware, will void all warranties and any technical support service otherwise available.

To Obtain Warranty Service. To obtain free repair under this warranty, contact NewTek Technical Support for confirmation, which current number is available at www.newtek.com , receive a Returned Materials Authorization (RMA), and deliver the product along with proof of ownership (such as the original invoice, or a photocopy) to NewTek. You will be responsible for any costs associated with the delivery to and from our service center.

Other Legal Disclosures. The above warranty is exclusive and in lieu of all other warranties, expresses or implied (other than those warranties implied by state law). All applicable state statutory implied warranties, including, but not limited to implied warranties of merchantability or fitness for a particular purpose, shall be limited to a period of 1 year from the date of your original purchase. No warranties, either express or implied, will apply after this period.

This Limited Hardware Warranty will be construed under the laws of the State of Texas, except for that body of law dealing with conflicts of law. If any provision shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible and the remaining provisions of this Limited Warranty will remain in full force and effect.

OTHER TERMS APPLICABLE TO BOTH THE SOFTWARE LICENSE AND THE ABOVE LIMIITED WARRANTIES

Because so many states and countries have different laws that are ever-changing, and because we have no desire to conflict with these laws, then any term of this warranty that is prohibited by applicable law shall not apply. Some states and countries do not allow limitations on how long an implied warranty lasts or the exclusion of warranties or of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may have other rights which vary from state to state. To the extent any such states or countries do not allow certain warranty terms herein, or require warranty terms be included, then the applicable law and required terms shall control.