1. Relationship to the Fab EULA
Evil Eye Pictures, LLC (“Company”) is the Content Licensor for REC under the Fab End User License Agreement, available at https://www.fab.com/eula?lang=en (the “Fab EULA”), as disclosed on REC’s Fab product page. Pursuant to the Fab EULA, Licensee is granted a Standard License (as defined in Section 3(a) of the Fab EULA) to use REC. REC is also distributed together with a separate build of FFmpeg governed by LGPL 2.1 in its own right (see Section 3 below).
This Agreement sets out additional terms regarding that software, codec-related responsibilities, and content created using REC — matters not otherwise addressed by the Fab EULA. This Agreement does not modify or override the Fab EULA, and in the event of any conflict between this Agreement and the Fab EULA (including the Standard License granted thereunder), the Fab EULA shall control.
2. License Grant, Scope, and Acceptance
2.1 Grant. Company grants Licensee a non-exclusive, non-transferable license to install and use REC, subject to the Fab EULA (including the Standard License granted thereunder) and the additional terms below.
2.2 Platform. REC is developed and distributed solely for use on the Microsoft Windows operating system. Company makes no representation or warranty regarding compatibility with any other operating system or platform, and provides no support for use outside this scope.
2.3 Acceptance. By clicking to accept, Licensee agrees to be bound by this Agreement. Company may condition access to some or all of REC’s capture, recording, or streaming features on such acceptance.
3. FFmpeg — Distributed Separately from REC
3.1 Separate Distribution and Governance. For Licensee’s convenience, REC is distributed together with a separate, independently-built copy of FFmpeg — a distinct program required for REC’s capture, recording, and streaming functionality, which Company provides so that Licensee does not need to separately obtain or compile a compatible build. REC dynamically links against FFmpeg’s shared libraries at runtime. FFmpeg software is not compiled into, incorporated into, or otherwise part of REC’s own code, and is governed by the GNU Lesser General Public License version 2.1 (“LGPL 2.1”) in its own right, separately from the Standard License terms that apply to REC. This FFmpeg build also incorporates certain third-party LGPL-licensed libraries, described in Section 3.2 below. The LGPL 2.1 license text is available at https://www.gnu.org/licenses/old-licenses/lgpl-2.1.html. The corresponding source code and build configuration for the specific FFmpeg build Company distributes alongside REC are published at https://evileyelabs.com/assets/downloads/build_env_0.1.2_CL20587.zip.
3.2 Incorporated LGPL Libraries (libmp3lame). The FFmpeg build described in Section 3.1 dynamically links libmp3lame (“LAME”), an MP3 encoding library licensed under the GNU Library General Public License version 2 (“LGPL v2”), separately from FFmpeg’s own LGPL 2.1 license. FFmpeg’s own native decoder is used for MP3 decoding; LAME’s bundled decoding engine (separately licensed under the GPL) is not invoked. Because LAME is dynamically linked by the FFmpeg library, Company satisfies its obligations under LGPL v2 by publishing both the complete corresponding source code for the version of LAME used and the complete corresponding source code and build configuration for the FFmpeg shared libraries, so that Licensee may modify LAME and relink it to produce a modified LAME library for FFmpeg to link to. The corresponding source code for the version of LAME used is published at https://evileyelabs.com/assets/downloads/build_env_0.1.2_CL20587.zip. The disclosure, substitution, and redistribution treatment described elsewhere in this Section 3 apply equally to LAME.
3.3 Use of an Alternate FFmpeg Build. Licensee may use REC with the FFmpeg build Company distributes alongside it, or may obtain or compile its own alternate build of FFmpeg for use with REC instead. Company takes no position on, and has no responsibility for, the licensing status, legality, security, or functionality of any FFmpeg build Licensee obtains or compiles itself. Section 4 below applies equally regardless of which build Licensee uses.
3.4 Disclosure. Notice of this software is provided through: (a) this Agreement itself; (b) a third-party software declaration included in REC’s product description on Fab; and (c) a notice file, containing full license text and build configuration details, included within the REC installation directory.
3.5 Licensee’s Own Obligations Upon Redistribution. If Licensee’s Project (as defined in the Fab EULA) incorporates the FFmpeg software described in this Section 3 — including LAME, and whether the build Company distributes or an alternate build under Section 3.3 — Licensee becomes an independent distributor of that software with respect to Licensee’s own distribution of the Project, and is solely responsible for its own compliance with the applicable license terms as such a distributor, including providing source code access, required notices, and any other obligations imposed by LGPL 2.1 or LGPL v2 as applicable, regardless of whether Company has satisfied its own obligations with respect to Company’s distribution of REC to Licensee.
4. Codec Technology — Disclaimers, Allocation of Responsibility, and Indemnification
4.1 No Patent License Granted. COMPANY GRANTS NO LICENSE, EXPRESS OR IMPLIED, UNDER ANY PATENT RIGHTS RELATING TO ANY VIDEO OR AUDIO CODING STANDARD, INCLUDING WITHOUT LIMITATION H.264/AVC OR ANY OTHER FORMAT SUPPORTED BY THE FFMPEG SOFTWARE DISTRIBUTED ALONGSIDE REC. Certain of these technologies, including H.264/AVC, are subject to patent licensing programs administered by third parties, including but not limited to the Via Licensing Alliance AVC/H.264 Patent Portfolio License. Company’s distribution of REC together with software providing hardware-accelerated H.264 encoding functionality (via NVIDIA NVENC and/or AMD AMF) does not constitute, and should not be relied upon as, a representation that such use is licensed under any such patent program.
4.2 Licensee’s Sole Responsibility. Licensee is solely responsible for determining whether distributing any Project incorporating the H.264 encoding functionality of the FFmpeg software distributed alongside REC — whether the build Company distributes or an alternate build under Section 3.3 — requires a license, royalty payment, or report under any third-party patent licensing program, and for obtaining and maintaining any such license at Licensee’s own expense.
4.3 Indemnification. Licensee shall, at its own expense, defend, indemnify, and hold harmless Company, its officers, employees, and affiliates, from and against any claims, suits, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- (a)Licensee’s distribution, sublicensing, or redistribution of any Project incorporating the H.264 encoding functionality of the FFmpeg software distributed alongside REC;
- (b)Licensee’s failure to obtain, maintain, or comply with any third-party patent license applicable to Licensee’s distribution of a Project described in (a);
- (c)any claim that the distribution volume of such Projects, alone or combined with that of Licensee’s affiliates, exceeds any royalty-free or reduced-royalty threshold under such a program;
- (d)Licensee’s distribution of any Project incorporating an alternate FFmpeg build used under Section 3.3;
- (e)any claim, cost, liability, or reimbursement obligation Company incurs to NVIDIA Corporation or Advanced Micro Devices, Inc. under the terms of their respective SDK license agreements, to the extent arising from Licensee’s distribution of a Project described in (a); and
- (f)Licensee’s failure to comply with its obligations as an independent distributor of the FFmpeg software or LAME under Section 3.5, including any claim brought by an end user or by the copyright holders of FFmpeg or LAME arising from that failure.
4.4 Company has no obligation to defend, indemnify, or reimburse Licensee in connection with any claim described in Section 4.3.
5. Content Created Using REC
5.1 Licensee is solely responsible for any video, image sequence, stream, or other content Licensee creates using REC (“User Content”), including ensuring its creation, use, publication, or distribution complies with applicable law and the terms of service of any platform to which it is published.
5.2 Company does not monitor, review, endorse, or control User Content.
6. Disclaimer of Warranty; Limitation of Liability
6.1 REC IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
6.2 Packaging Not Supported. The Fab EULA permits Licensee to distribute a Project that incorporates REC as set forth therein; nothing in this Section limits that permission. Company does not currently provide technical support for, and makes no representation or warranty regarding REC’s functionality, stability, or compatibility within, any packaged or distributed build of a Project. Licensee undertakes any such packaging or distribution at Licensee’s own risk.
6.3 IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNT PAID BY LICENSEE FOR REC. COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
7. General
7.1 Governing Law. The State of California, without regard to conflict-of-laws principles.
7.2 Severability. If any provision is held unenforceable, the remainder remains in effect.
7.3 Entire Agreement (as to matters herein). As to the matters addressed in this Agreement, this Agreement constitutes the entire agreement between Licensee and Company on those matters.