Preface
iv
March, 2009
Limited Warranty and Disclaimers
Telestream, Inc. (the Company) warrants to the original registered end user that the product will perform as stated
below for a period of one (1) year from the date of shipment from factory:
Hardware and Media.
The Product hardware components, including equipment supplied but not manufactured by the
Company but NOT including any third party equipment that has been substituted by the Distributor for such equipment
(the “Hardware”), will be free from defects in materials and workmanship under normal operating conditions and use.
Software. If software is supplied as part of the product, the software will operate in substantial conformance with
specifications set forth in its product user's guide. The Company does not warrant that the software will operate
uninterrupted or error-free, will meet your requirements, or that software errors will be corrected.
Warranty Remedies
Your sole remedies under this limited warranty are as follows:
Hardware and Media. The Company will either repair or replace (at its option) any defective Hardware component or
part, or Software Media, with new or like new Hardware components or Software Media. Components may not be
necessarily the same, but will be of equivalent operation and quality.
Software. If software is supplied as part of the product and it fails to substantially confirm to its specifications as stated
in the product user's guide, the Company shall, at its own expense, use its best efforts to correct (with due allowance
made for the nature and complexity of the problem) such defect, error or nonconformity.
Software Updates
If software is supplied as part of the product, the Company will supply the registered purchaser/licensee with
maintenance releases of the Company’s proprietary Software Version Release in manufacture at the time of license for
a period of one year from the date of license or until such time as the Company issues a new Version Release of the
Software, whichever first occurs. To clarify the difference between a Software Version Release and a maintenance
release, a maintenance release generally corrects minor operational deficiencies (previously non-implemented
features and software errors) contained in the Software, whereas a Software Version Release adds new features and
functionality. The Company shall have no obligation to supply you with any new Software Version Release of
Telestream software or third party software during the warranty period, other than maintenance releases.
Restrictions and Conditions of Limited Warranty
This Limited Warranty will be void and of no force and effect if (i) Product Hardware or Software Media, or any part
thereof, is damaged due to abuse, misuse, alteration, neglect, or shipping, or as a result of service or modification by a
party other than the Company, or (ii) Software is modified without the written consent of the Company.
Limitations of Warranties
THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. No oral or written information or advice given by the Company, its
distributors, dealers or agents, shall increase the scope of this Limited Warranty or create any new warranties.
Geographical Limitation of Warranty. This limited warranty is valid only within the country in which the Product is
purchased/licensed.
Limitations on Remedies. YOUR EXCLUSIVE REMEDIES, AND THE ENTIRE LIABILITY OF TELESTREAM, INC.
WITH RESPECT TO THE PRODUCT, SHALL BE AS STATED IN THIS LIMITED WARRANTY. Your sole and
exclusive remedy for any and all breaches of any Limited Warranty by the Company shall be the recovery of
reasonable damages which, in the aggregate, shall not exceed the total amount of the combined license fee and
purchase price paid by you for the Product.
Damages. TELESTREAM, INC. SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST
PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR
USE OR INABILITY TO USE THE PRODUCT, OR THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY,
EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES, OR ANY REMEDY
PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.
Further information regarding this limited warranty may be obtained by writing:
Telestream, Inc.
848 Gold Flat Road, Suite 1
Nevada City, CA 95959
You can call Telestream, Inc. via telephone at (530) 470-1300.
