AirCodec End User Licence Agreement
This is the licence agreement the AirCodec installer shows, which must be accepted before AirCodec installs. FusionAir may change it at any time, as Section 2.3 explains, and this page always has the current version. How AirCodec handles your data is set out in plain words in the AirCodec Privacy Notice.
Version 1.3 · Effective 9 October 2026
PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS A DISCLAIMER OF ALL WARRANTIES, A COMPLETE EXCLUSION OF CONSEQUENTIAL AND BROADCAST-RELATED DAMAGES, A CAP ON TOTAL LIABILITY, NO INTELLECTUAL PROPERTY INDEMNITY, A ONE-YEAR LIMITATIONS PERIOD, A WAIVER OF JURY TRIAL, A WAIVER OF CLASS PROCEEDINGS, AN EXCLUSIVE TENNESSEE FORUM, AND LICENSOR'S RIGHT TO CHANGE THESE TERMS AT ANY TIME (SECTION 2.3). THESE TERMS MATERIALLY LIMIT YOUR RIGHTS AND ARE A FUNDAMENTAL PART OF THE PRICE OF THE SOFTWARE.
OPEN SOURCE COMPONENTS. The Software is distributed with third-party components under their own licence terms, some of them open source. Those terms govern those components and prevail over this Agreement in respect of them. Nothing in this Agreement limits, or is intended to limit, any right you have under them. The authoritative list for your copy is the file THIRD-PARTY-NOTICES.txt installed with it. See Section 7.
This End User Licence Agreement ("Agreement") is a binding contract between you ("Licensee", "you") and FusionAir, LLC, a Tennessee limited liability company, of PO Box 156, Smyrna, Tennessee 37167, United States ("Licensor", "we", "us"), governing AirCodec, including its installer, application, audio engine, bundled programs and libraries, and documentation (together, the "Software").
By clicking to accept, by installing the Software, by activating a Licence Key, or by using the Software, you accept this Agreement. If you do not accept it, do not install, activate or use the Software.
If you accept on behalf of a company, station, school or other organisation, you represent that you have authority to bind it, and "you" means that organisation.
1. Definitions
1.1 "Software": AirCodec in object code form, including its installer, its application, its audio engine, the programs and libraries bundled with it, any Updates supplied under this Agreement, and the accompanying documentation.
1.2 "Licence Key": the alphanumeric key issued by Licensor that, with the email address it was issued to, activates the Software for a number of Codec Instances.
1.3 "Installation": one copy of the Software installed on one physical or virtual computer and activated against one Machine Identifier.
1.4 "Codec Instance": one of the independent codec channels the Software can run on an Installation, each with its own audio input and output and its own connection. The Software can run up to five Codec Instances on one Installation.
1.5 "Machine Identifier": the value the Software derives from characteristics of the computer on which it is installed, described in Section 8.2, used to bind an Installation to that computer.
1.6 "Licensing Service": the licence activation and validation service operated by Licensor and reached at the endpoint in Section 8.1.
1.7 "SIP Service": the SIP registration, signalling and endpoint-provisioning service operated by Licensor, through which Codec Instances reach each other, and compatible equipment, by name.
1.8 "Customer Content": any audio, data, metadata or other material you supply to, play through, transmit, relay or receive using the Software. It includes live programme audio; the files you load for emergency audio, such as music, sweepers and station identification; RDS and other data you route through the Software; and contact-closure and relay signals.
1.9 "Connected Equipment": any equipment the Software connects to, sends audio or data to, or controls. It includes other codecs, transmitters, RDS encoders, relays and relay boards, streaming servers and devices, audio devices, routers, and network-monitoring systems.
1.10 "Notices File": the file THIRD-PARTY-NOTICES.txt installed with your copy of the Software and reachable from its Settings, Licence page, which identifies the Third-Party Components present in that copy.
1.11 "Third-Party Components": the third-party software distributed with or embodied in your copy of the Software, as identified in the Notices File.
1.12 "Open Source Components": those Third-Party Components identified in the Notices File as licensed under an open source licence.
1.13 "Suppliers": Licensor's licensors, contributors, vendors and distributors, including the licensors of the Third-Party Components.
1.14 "Updates": bug fixes, patches and releases of the Software that Licensor makes available under Section 11.
2. Acceptance and record of acceptance
2.1 The Software's installer presents this Agreement and requires affirmative acceptance before the Software is installed. The same installer applies every Update, and presents the Agreement then in effect each time.
2.2 Where the Software records acceptance, Licensor records the fact of acceptance, the version of this Agreement accepted, the date and time, and the Licence Key against which acceptance was given. You agree that this record is admissible evidence of your acceptance, and that electronic acceptance has the same legal effect as a signature under the Electronic Signatures in Global and National Commerce Act and the Tennessee Uniform Electronic Transactions Act.
2.3 Licensor reserves the right to change this Agreement at any time, in its sole discretion, including the privacy terms in Section 8 and Schedules A, B and C. Licensor publishes the current version, with its version number and effective date, at https://fusionair.net/air-codec/eula, which the Software's Settings, Licence page opens. A changed version takes effect on the effective date it states, which is never earlier than the date Licensor publishes it. Licensor will give notice of a change that materially reduces your rights by email to the address associated with your Licence Key, and may also give notice through the Software or its installer. Your use of the Software after a changed version takes effect is your acceptance of it. If you do not accept a changed version, your sole remedy is to stop using the Software and deactivate your Installations. A change does not apply to a claim that arose before it took effect. You are responsible for reviewing the current version from time to time.
2.4 Licensor publishes this Agreement, including the summary of key terms in Schedule C, at https://fusionair.net/air-codec/eula before purchase. Schedule C is incorporated into this Agreement. You acknowledge that you had the opportunity to read this Agreement before paying.
3. Licence grant
3.1 Grant. Subject to your compliance with this Agreement and payment in full, Licensor grants you a non-exclusive, non-transferable, non-sublicensable, revocable licence to install, activate and use the Software in object code form, and to run the number of Codec Instances you have purchased, for your internal business purposes, including the contribution, distribution and transmission of live and recorded broadcast programming.
3.2 Codec Instances. Each licence you purchase authorises one Codec Instance. You may run Codec Instances on an Installation only up to the number you have purchased for it, even where the Software would allow more to run. Each end of a link between two copies of the Software requires its own licence. Where a release of the Software does not itself enforce this limit, the limit applies by this Agreement.
3.3 Backup. You may keep one copy of the installer for backup and disaster recovery.
3.4 Reservation. All rights not expressly granted are reserved to Licensor and its Suppliers. The Software is licensed, not sold. No title passes to you.
3.5 Evaluation keys. Where a Licence Key is issued as an evaluation, demonstration, beta or not-for-resale key, the licence is non-production, time-limited and terminable at will by Licensor, and Sections 15 to 22 apply in full notwithstanding the absence of a fee.
4. Fees, orders and refunds
4.1 Fees are those stated on Licensor's order form or invoice at the time of purchase, exclusive of sales, use, VAT and other transaction taxes, which are your responsibility.
4.2 A Licence Key is issued on receipt of payment in full.
4.3 A perpetual licence covers the version purchased and the Updates made available for it under Section 11, which are all releases of AirCodec version 1.1. It does not include a later product or major version that Licensor sells separately.
4.4 Refunds are available within fourteen (14) days of purchase where the Software has not been used on air or in a live production and the Licence Key is surrendered for permanent deactivation. Refunds are otherwise at Licensor's discretion.
4.5 All amounts paid are otherwise non-refundable, and payment obligations are non-cancellable.
5. Restrictions
You will not, and will not permit any third party to:
5.1 copy the Software except as permitted in Section 3.3;
5.2 sell, resell, rent, lease, lend, distribute, sublicense, host as a service, timeshare, bureau, or otherwise make the Software or its functionality available to any third party;
5.3 reverse engineer, decompile, disassemble, decrypt, trace, or otherwise attempt to derive the source code, algorithms, DSP structures, file formats, wire protocols (including the Direct link protocol and the provisioning protocol of the SIP Service), database schemas or internal design of the Software, except and only to the extent that (a) applicable law expressly prohibits this restriction notwithstanding the parties' agreement, (b) the licence terms of an Open Source Component expressly permit it in respect of that component, or (c) Section 7.11 permits it. Section 5.3 does not restrict any right granted to you by an Open Source Component's own licence;
5.4 modify, adapt, translate, patch, hook into, inject into, or create derivative works of the Software or its executables, except as Section 7.11 permits;
5.5 remove, obscure or alter any copyright, trademark, licence or proprietary notice, including the Notices File;
5.6 circumvent, disable, tamper with, spoof, emulate, intercept, patch or interfere with the licensing, activation, validation or Machine Identifier mechanisms, or use a Licence Key not issued to you. You acknowledge that these mechanisms are technological measures protecting a copyrighted work and that circumventing them may violate 17 U.S.C. Section 1201 in addition to breaching this Agreement;
5.7 run more Codec Instances than you have purchased, exceed the Installations your Licence Key authorises, or share a Licence Key between computers not covered by purchased licences;
5.8 extract, copy or use any credential, key or token embedded in or issued to the Software, or reach the Licensing Service or the SIP Service other than through the Software as delivered;
5.9 use the Software in violation of applicable law, or in a way that infringes or misappropriates a third-party right;
5.10 publish benchmark, performance, latency or audio-measurement results concerning the Software without Licensor's prior written consent; or
5.11 use the Software, or information derived from it, to design, develop, train or improve a competing product.
5.12 Sections 5.1 to 5.11 apply to the Software as licensed by Licensor. They do not apply to an Open Source Component to the extent that component's own licence permits the activity in question, nor to anything Section 7.11 permits. Carrying programming to, from or on behalf of another party over a Codec Instance you have licensed is permitted use, not a breach of Section 5.2.
6. Ownership, trade secrets and confidentiality
6.1 The Software and all intellectual property rights in it are and remain the exclusive property of Licensor and its Suppliers. This Agreement transfers no ownership.
6.2 The Software's source code, its audio engine internals, its signal processing designs, its Direct link protocol, its licensing and activation protocol, the provisioning protocol of the SIP Service and the credentials embedded in the Software, its configuration schemas and its unpublished documentation are Licensor's confidential information and trade secrets. You will not disclose them and will not attempt to obtain them, except as Section 7.11 permits.
6.3 You retain all rights in Customer Content. Licensor claims no ownership of and acquires no licence to Customer Content.
6.4 Feedback, suggestions, feature requests and bug reports you send to Licensor may be used by Licensor without restriction, attribution or obligation.
6.5 Licensor may register copyright in the Software. Nothing in this Agreement limits Licensor's remedies for infringement, including statutory damages and attorneys' fees where available, or its right to seek injunctive relief without posting bond in any court of competent jurisdiction to protect its intellectual property or confidential information.
6.6 All trademarks, service marks and trade names referenced in or displayed by the Software, including Comrex, Tieline, Barix, Inovonics and Windows, are the property of their respective owners. The Software's references to third-party equipment or software identify compatibility only. They do not mean that the owner endorses, certifies, supports or is affiliated with the Software or Licensor, and no right in any such mark is granted to you.
7. Third-party components, precedence and source code
7.1 The authoritative list is the Notices File. The Software is distributed with the Third-Party Components identified in the Notices File installed with your copy. Each is licensed to you under its own terms, not under this Agreement. The Notices File identifies each component and reproduces the full text of its licence, or states where that text may be obtained. Schedule A describes the principal components in general terms; where Schedule A and the Notices File differ, the Notices File governs, because it is generated for the specific version you received.
7.2 Precedence. THE LICENCE TERMS OF A THIRD-PARTY COMPONENT GOVERN THAT COMPONENT AND PREVAIL OVER THIS AGREEMENT TO THE EXTENT OF ANY CONFLICT IN RESPECT OF THAT COMPONENT. Nothing in this Agreement limits, restricts, conditions or is intended to limit any right granted to you by such a licence, including any right to use, copy, modify, reverse engineer, relink or redistribute that component. Any provision of this Agreement that would have that effect is of no force in respect of that component.
7.3 Boundary. The rights a Third-Party Component's licence gives you extend only to that component, and to the extent stated in Section 7.11. They do not otherwise extend to AirCodec's application, to its audio engine, or to any other part of the Software, none of which is licensed to you under an open source licence. No obligation to disclose, distribute, license or provide the source code of the Software arises from the inclusion of any Third-Party Component.
7.4 Architecture and copyleft boundary. Each Third-Party Component distributed under a copyleft licence is one of the following:
(a) a separate executable program, namely FFmpeg, distributed as ffmpeg.exe and run by the Software as a separate process over operating-system pipes;
(b) a separately replaceable shared library distributed as its own file beside the audio engine, which loads it when it runs, namely mpg123, LAME and SRT; or
(c) the shared library ffmpeg.dll supplied by the Electron project with the application shell.
No copyleft component is statically linked into the Software. Licensor has not modified the source code of any copyleft component; any build patches applied by its build tooling are published with the corresponding source under Section 7.5. In respect of the libraries in (b) and (c), the Software is a work that uses the library, not a work based on it. Accordingly no copyleft obligation extends to the Software beyond those met by Sections 7.5 and 7.11.
7.5 Source code for Open Source Components. Where the licence of an Open Source Component entitles you to its corresponding source code, Licensor publishes that source, free of charge and without any request being necessary, at https://fusionair.net/air-codec/notices. The corresponding source for a release is published there for as long as that release is distributed, and for no less than three years afterwards. Alternatively, if you would rather receive it on physical media, write to legal@fusionair.net stating the AirCodec version you received and the component requested, and Licensor will supply it for a charge no greater than the cost of physically performing the distribution. Either route is satisfied by delivery of the source of the named component only, together with any scripts and patches used to control its compilation and installation, and neither entitles you to any part of the Software's own source code. For Electron's ffmpeg.dll, the corresponding source is that published by the Electron and Chromium projects for the Electron release identified in the Notices File, which Licensor also publishes at the address above, with the build settings and patches the Electron project applies to it.
7.6 No open source licence applies to the Software itself. AirCodec's own application code and audio engine are Licensor's proprietary work and are licensed to you solely under this Agreement. They are not licensed to you under the GNU General Public License, the GNU Affero General Public License, the GNU Lesser General Public License, the Mozilla Public License or any other open source licence, and this Agreement conveys no such licence in respect of them.
7.7 Components of your operating system. The Software uses components supplied with Microsoft Windows, such as its audio and media components. Those components are not distributed by Licensor and are used under the terms of your own Windows licence. Drivers for Connected Equipment that the Software can use, such as a relay board's driver, are not distributed with the Software; if you install one, you do so under its supplier's terms.
7.8 No warranty or indemnity from Suppliers. The Third-Party Components are supplied to Licensor without warranty and without any indemnity against claims that a component infringes a third party's intellectual property, including in respect of the audio codecs they implement. Licensor passes those components through on the same basis and can offer you no greater protection than it received. See Sections 15 and 21.
7.9 Component substitution. Schedule A and the Notices File describe the components present in the version of the Software you received. Licensor may add, remove, replace or upgrade a Third-Party Component in a later version, including by moving a function to a component of your operating system, and the Notices File shipped with that version will reflect it. Such a change is not a variation of this Agreement and does not require your consent, provided the Notices File for the version you install remains accurate for that version.
7.10 Current component information. The authoritative list of Third-Party Components for your copy of the Software is the Notices File installed with it. Licensor also publishes the current list and the corresponding notices at https://fusionair.net/air-codec/notices. That published list describes the current release and may differ from the copy you hold; where the two differ, the Notices File installed with your copy governs what you received. The current version of this Agreement is published at https://fusionair.net/air-codec/eula, and Section 2.3 governs how it may change.
7.11 Your rights in respect of LGPL components. For each component identified in the Notices File as licensed under a version of the GNU Lesser General Public License or the GNU Library General Public License, you may (a) replace that component's library or program with a version you have modified or built yourself; (b) modify the Software for your own use; and (c) reverse engineer the Software for the purpose of debugging such modifications; in each case (b) and (c) only to the extent that licence requires Licensor to permit it. Sections 5.3, 5.4 and 6.2 do not restrict those acts. Licensor provides no support for an Installation running a replaced or modified component, and Sections 15 to 22 apply to it in full. This Section grants no right to distribute the Software, modified or not.
8. Activation, data and privacy
8.1 Endpoints. In normal operation the Software communicates with:
- https://broadcastnetworkmonitor.com/licadmin, Licensor's Licensing Service: activation, validation, deactivation, application start and shutdown events, and SIP name provisioning;
- sip.sportscasterpro.com, Licensor's SIP Service: SIP name provisioning, registration, call signalling and endpoint status;
- https://fusionair.net/softwaremanagement/updates/, Licensor's update service, only when you check for or download an Update; and
- destinations you configure: other codecs and Connected Equipment, stream servers, Barix devices, SNMP managers, RDS encoders, and your router when you enable port opening.
8.2 Data sent to the Licensing Service. A Machine Identifier, being a one-way hash derived from a network adapter's hardware address, the computer's name, the operating system platform and the processor architecture; the computer's name; the Licence Key; the email address associated with it; the Software version; and the date and time of application start and shutdown. Validation takes place about every six hours while the Software runs. This data is used to bind licences to computers, to detect duplicate use of a Licence Key, to provision SIP names, and to support you.
8.3 Data sent to the SIP Service. To provision each Codec Instance's SIP name: a tag derived from the computer's name, with either the Licence Key and Machine Identifier or the email address associated with the Licence Key. While a Codec Instance is registered: its SIP name, its network address and port, and the signalling for its calls and status checks. A SIP name is formed from the email address and the computer tag, and is visible to the parties your Codec Instances call or are called by.
8.4 Media path. Call audio travels directly between endpoints. Signalling passes through the SIP Service; programme audio does not. Licensor does not receive, record or store your programme audio, your emergency audio files, or the data you route through the Software.
8.5 Data that stays on your computer. Your configuration, connection profiles, emergency audio files and settings, credentials (connection and incoming-call passwords are stored encrypted with Windows data protection), activity and changeover logs, and licence state remain on the computer under your control. Licensor does not collect them.
8.6 What Licensor does not collect. Licensor does not collect your programme audio, your emergency audio files, the RDS or other data you route, your relay activity, your keystrokes or screen contents, crash reports, or analytics.
8.7 Personal data. A Machine Identifier, a computer name and an email address may constitute personal data under some data protection regimes. Licensor processes them for the purposes in Sections 8.2 and 8.3, on the basis of performance of this Agreement and Licensor's legitimate interest in preventing unlicensed use.
8.8 Retention. Licensor retains activation and validation records for the life of the licence and for twenty-four (24) months after termination or expiry, after which they are deleted or irreversibly anonymised. Start and shutdown event records are retained for no longer than twelve (12) months, and SIP Service signalling records for no longer than ninety (90) days.
8.9 Your rights and contact. You may request access to, correction of, or deletion of the data in Sections 8.2 and 8.3 by writing to legal@fusionair.net. Deletion of an active licence record will deactivate the Licence Key. This Section 8 is Licensor's privacy notice for the Software. Licensor also publishes it, with a summary in plain words, at https://fusionair.net/air-codec/privacy.
8.10 Security. Licensor applies reasonable technical and organisational measures to its services but does not warrant that any transmission over the internet is secure.
8.11 Third-party destinations. Codecs, Connected Equipment, streaming servers and networks you configure or connect to are outside Licensor's control and are governed by their own terms.
9. Machine binding and reactivation
9.1 Each Installation binds to the Machine Identifier of the computer on which it is activated.
9.2 YOU ARE TOLD BEFORE PURCHASE, AND ACKNOWLEDGE HERE, THAT MATERIAL HARDWARE CHANGES MAY STRAND AN INSTALLATION. Replacement of a network adapter or motherboard, a change of the computer's name, a change of virtualised hardware, or an operating system rebuild may change the Machine Identifier and cause the Installation to fail validation until it is reissued under Section 9.4.
9.3 You may deactivate an Installation from within the Software before retiring or rebuilding a computer, which returns its licences for reuse.
9.4 Where deactivation was not possible because of hardware failure, theft or a dead computer, Licensor will reissue the licence on request at no charge, on your confirmation that the previous Installation is out of service. Licensor may decline repeated reissues that indicate licence sharing rather than computer replacement.
9.5 The Software continues to operate through a loss of connectivity to the Licensing Service for a grace period set by Licensor, currently fourteen (14) days, after which it requires a successful validation before it will start new connections. Loss of validation does not end a connection already carrying audio. It is your responsibility to confirm a validated licence before relying on the Software on air.
10. Customer content, broadcasting and regulatory compliance
10.1 You are solely responsible for Customer Content and for holding all rights, licences, clearances, consents and performance-royalty coverage necessary to reproduce, perform, transmit and distribute it, including music licensing for any music you load for emergency audio, programme and sports rights, and talent releases.
10.2 You are solely responsible for compliance with all applicable broadcasting, telecommunications and other law, including the rules of the Federal Communications Commission and any other regulator to whose jurisdiction your station is subject, among them the rules on station identification, the Emergency Alert System, transmitter operation, remote control and unattended operation. Emergency audio's legal ID at the top of the hour is an aid to the operator. It does not make Licensor or the Software responsible for any identification requirement, and you must verify that your station identifies as the rules require.
10.3 Licensor does not monitor, review, moderate, retain or take custody of what you transmit or route.
10.4 You are responsible for configuring the Software, including connection lists, failover timings, emergency audio bins, relay actions and data routes, and for verifying that the result does what you intend before relying on it on air.
11. Support, updates and hosted services
11.1 Licensor provides support through its support system at https://fusionair.net/support, on commercially reasonable efforts during normal business hours. No response time is guaranteed absent a separate written support agreement.
11.2 Update checks. The Software checks Licensor's update service only when you ask it to. A check is an ordinary request for Licensor's version list and sends no data about you, your configuration or your content.
11.3 Download and installation of Updates. The Software downloads an Update only when you choose to, verifies it against the checksum Licensor publishes, and installs it only when you choose to, by running Licensor's installer, which presents the Agreement then in effect (Section 2.1). You are responsible for applying Updates.
11.4 Licensor may require an Update to be installed as a condition of continued support, or of continued access to the Licensing Service or SIP Service, where an older version presents a security or interoperability problem. Licensor will give reasonable notice before doing so. Some functions work only when both ends of a link run a version that supports them.
11.5 An Update may change, replace or remove functionality, may change the appearance or behaviour of the Software, may add, remove or replace a Third-Party Component under Section 7.9, and may require re-acceptance of an amended Agreement under Section 2.3. Licensor will use reasonable efforts to avoid removing functionality you depend on, but does not warrant that it will not.
11.6 Licensor is under no obligation to produce any particular Update, feature, fix or security patch, or to maintain compatibility with any third-party equipment, firmware (including another manufacturer's codec), driver, operating system version or streaming platform, and no such obligation arises from a defect being known to Licensor.
11.7 Licensor may discontinue a version, an endpoint or an integration, and will give reasonable notice where it can.
11.8 The SIP Service. The SIP Service is included with your licence at no extra charge for as long as Licensor operates it. It is provided "as is" and "as available". Licensor does not guarantee its availability, latency or continuity. Its interruption does not affect the parts of the Software that do not use it, such as Direct links, plain RTP, Barix and stream connections.
11.9 SIP names. Licensor assigns each Codec Instance's SIP name automatically. Licensor may limit the number of SIP names per account, and may suspend, reassign or reclaim a SIP name that has been unused for twelve (12) months, whose licence has ended, or that is used in breach of this Agreement.
11.10 Acceptable use of the SIP Service. You will not use the SIP Service to call any party that has not agreed to receive calls; to impersonate another party; to carry unlawful content; to interfere with, overload, probe or test the security of the service; or to connect anything other than the Software and the equipment your Codec Instances call or are called by.
11.11 Licensor may suspend access to the SIP Service immediately to protect the service, its users or its security, and will restore it once the cause is resolved.
11.12 Licensor may change the SIP Service, its address or its protocols. Licensor will give at least ninety (90) days' notice before ending it entirely, and the rest of the Software will continue to operate under this Agreement. Changing or ending the SIP Service is not a breach of this Agreement and does not entitle you to a refund.
12. Commercial use only: not a consumer transaction
12.1 The Software is professional broadcast equipment software licensed for business use. It is not offered to, marketed to, or licensed for personal, family or household use.
12.2 You represent and warrant that you are acquiring the Software for business or commercial purposes and not as a consumer, and that this is a commercial transaction between businesses.
12.3 You acknowledge that this representation is material, that Licensor relies on it in setting the price and the risk allocation in this Agreement, and that you had the opportunity to review Schedule C and this Agreement before purchase and to decline.
13. High-risk, safety and emergency uses
13.1 The Software is not designed, tested, certified or licensed for use in any application where failure could reasonably be expected to cause death, personal injury, or severe physical or environmental damage, including life support, emergency alerting or dispatch, aviation, medical, nuclear, industrial control or weapons systems.
13.2 Not a telephone service. The Software is not a telephone service. It does not connect to the public telephone network and cannot place calls to 911 or any other emergency number. Do not rely on it for emergency communications.
13.3 Relays and transmitter control. The Software can operate relays and other Connected Equipment, including equipment that switches a transmitter on or off. It is not a safety system. You will not rely on it to protect people or property, including to remove radio-frequency energy before anyone works on or near an antenna, tower or transmitter, and you will provide independent, fail-safe interlocks and lock-out procedures for every such purpose.
13.4 You will not use the Software for any purpose excluded by Sections 13.1 to 13.3. If you do, you assume all risk and will indemnify Licensor in full.
14. Your operational responsibilities
You acknowledge that broadcasting is intolerant of failure, that all computer software contains defects, and that it is your sole responsibility to:
14.1 provide redundant links, backup transmission, monitoring, silence sensing and failover appropriate to the value of the programming you carry, independent of the Software;
14.2 test the Software, your computer, your audio interface, your drivers, your network and your Connected Equipment in your own environment before relying on them on air;
14.3 maintain your own recordings, logs and backups of Customer Content;
14.4 keep the computer running the Software properly maintained, powered, cooled, patched and protected;
14.5 train the operators who use it;
14.6 read the release notes and known issues for the version you install, published at https://fusionair.net/air-codec/releases;
14.7 wire, configure and test any relay or other Connected Equipment the Software controls so that a failure of the Software, the computer, the network or the relay leaves that equipment in a safe state; and
14.8 secure your network and the Software's exposure to it, including connection passwords, permitted-caller address lists, the ports the Software listens on, port opening on your router (UPnP), SNMP community names, and the addresses from which the data channel accepts input, and accept the risk of any exposure your configuration creates.
Licensor's pricing assumes you will do these things. Licensor is not a broadcaster of your programming and has no operational role in your facility.
15. Disclaimer of warranties
15.1 THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, SYSTEM INTEGRATION AND NON-INFRINGEMENT.
15.2 LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF AUDIO DEFECT, DROPOUT, LATENCY, CLICK, MUTE, CRASH, HANG OR FAILURE ON ANY PARTICULAR COMBINATION OF COMPUTER, AUDIO INTERFACE, DRIVER, OPERATING SYSTEM BUILD, ANTIVIRUS PRODUCT, NETWORK, ROUTER OR CONNECTED EQUIPMENT; THAT IT WILL INTEROPERATE WITH ANY OTHER MANUFACTURER'S CODEC, DEVICE OR FIRMWARE VERSION; THAT A CONNECTION, FAILOVER, EMERGENCY AUDIO, RELAY ACTION, DATA ROUTE OR STREAM WILL START, CONTINUE, SWITCH OR COMPLETE WHEN IT SHOULD; THAT A METER, INDICATOR, STATUS DISPLAY, SNMP VALUE OR TRAP WILL ACCURATELY REFLECT THE UNDERLYING AUDIO, CONNECTION OR EQUIPMENT STATE; THAT DEFECTS WILL BE CORRECTED; OR THAT IT WILL MEET YOUR REQUIREMENTS.
15.3 THE THIRD-PARTY COMPONENTS ARE PROVIDED TO LICENSOR "AS IS" BY THEIR SUPPLIERS AND ARE PASSED THROUGH TO YOU ON THE SAME BASIS. LICENSOR MAKES NO WARRANTY IN RESPECT OF ANY THIRD-PARTY COMPONENT AND CANNOT AND DOES NOT OFFER YOU ANY PROTECTION GREATER THAN IT RECEIVED FROM ITS OWN SUPPLIERS.
15.4 NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED FROM LICENSOR OR THROUGH THE SOFTWARE CREATES ANY WARRANTY NOT EXPRESSLY STATED HERE.
15.5 Licensor publishes known defects and limitations for each release in its release notes at https://fusionair.net/air-codec/releases. Nothing in this Section is intended to disclaim liability for a knowing misrepresentation, and Section 18.3 applies.
15.6 Some jurisdictions do not allow the exclusion of certain warranties, so parts of Section 15 may not apply to you. Where an implied warranty cannot be disclaimed, it is limited in duration to thirty (30) days from delivery.
16. Broadcast risk allocation
16.1 YOU EXPRESSLY ASSUME ALL RISK ARISING FROM THE USE OF THE SOFTWARE IN LIVE OR RECORDED BROADCAST PRODUCTION, CONTRIBUTION AND TRANSMISSION.
16.2 WITHOUT LIMITING SECTION 17, LICENSOR AND ITS SUPPLIERS WILL HAVE NO LIABILITY WHATSOEVER, UNDER ANY THEORY, FOR ANY OF THE FOLLOWING, HOWEVER CAUSED:
(a) DEAD AIR, SILENCE, LOSS OF PROGRAMME AUDIO, OR ANY INTERRUPTION OF TRANSMISSION;
(b) A CONNECTION THAT FAILED TO CONNECT, DROPPED, CARRIED IMPAIRED AUDIO, OR CONNECTED TO THE WRONG PARTY;
(c) A FAILOVER, OR A RETURN TO A CONNECTION, THAT OCCURRED WHEN IT SHOULD NOT HAVE, DID NOT OCCUR WHEN IT SHOULD HAVE, OR OCCURRED AT THE WRONG TIME;
(d) EMERGENCY AUDIO THAT FAILED TO PLAY, PLAYED WHEN IT SHOULD NOT HAVE, PLAYED THE WRONG MATERIAL, OR OMITTED, MIS-TIMED OR REPEATED A STATION IDENTIFICATION;
(e) A RELAY OR OTHER CONNECTED EQUIPMENT THAT OPERATED OR FAILED TO OPERATE, INCLUDING A TRANSMITTER THAT WAS SWITCHED ON OR OFF, OR LEFT ON OR OFF;
(f) RDS OR OTHER DATA THAT WAS NOT DELIVERED, WAS DELAYED, WAS ALTERED, OR WAS DELIVERED TO THE WRONG DESTINATION;
(g) A COMMERCIAL SPOT, SPONSOR ELEMENT, PROMOTIONAL ANNOUNCEMENT, STATION IDENTIFICATION OR OTHER SCHEDULED ELEMENT THAT FAILED TO AIR, AIRED LATE, AIRED INCOMPLETELY OR AIRED WHEN IT SHOULD NOT HAVE;
(h) MAKE-GOODS, SPOT CREDITS, ADVERTISER REFUNDS, LOST OR REBATED ADVERTISING REVENUE, OR ANY CLAIM BY AN ADVERTISER, SPONSOR, RIGHTS HOLDER, NETWORK, AFFILIATE OR SYNDICATOR;
(i) A METER, INDICATOR, TIMER, STATUS DISPLAY, SNMP VALUE OR TRAP THAT DID NOT REFLECT THE ACTUAL AUDIO, CONNECTION OR EQUIPMENT STATE, OR ANY DECISION TAKEN IN RELIANCE ON ONE;
(j) LOSS OF AUDIENCE, RATINGS, GOODWILL, REPUTATION, BUSINESS OPPORTUNITY, A BROADCAST RIGHTS AGREEMENT, OR AN AFFILIATION;
(k) ANY FINE, FORFEITURE, PENALTY, SANCTION OR ENFORCEMENT ACTION IMPOSED BY ANY REGULATOR OR RIGHTS ORGANISATION;
(l) UNAUTHORISED ACCESS TO YOUR NETWORK, COMPUTER OR CONNECTED EQUIPMENT THROUGH A PORT, FEATURE OR SETTING YOU ENABLED; OR
(m) THE COST OF ANY SUBSTITUTE PRODUCT, EQUIPMENT, SERVICE, ENGINEERING TIME OR STAFF TIME PROCURED AS A RESULT OF ANY OF THE ABOVE.
16.3 This allocation of risk is a material and negotiated basis of the price charged for the Software. The price would be substantially higher if Licensor bore the risks enumerated above. You acknowledge that you are better placed than Licensor to evaluate, insure against and mitigate those risks, and that you have the practical means to do so through the measures in Section 14.
17. Exclusion of damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, OR FOR ANY LOSS OF PROFIT, REVENUE, SAVINGS, BUSINESS, DATA, RECORDINGS, PROGRAMME MATERIAL, USE, OR GOODWILL, OR FOR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHERWISE), AND EVEN IF LICENSOR HAS BEEN ADVISED OF, OR SHOULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION APPLIES TO ANYTHING RELATED TO THE SOFTWARE, TO THIRD-PARTY COMPONENTS, AND TO LICENSOR'S SERVICES, INCLUDING THE LICENSING SERVICE AND THE SIP SERVICE.
18. Limitation of liability
18.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL CUMULATIVE LIABILITY OF LICENSOR AND ITS SUPPLIERS FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, IN AGGREGATE AND NOT PER CLAIM, IS LIMITED TO DIRECT DAMAGES NOT EXCEEDING THE GREATER OF (a) THE AMOUNT YOU ACTUALLY PAID LICENSOR FOR THE LICENCE GIVING RISE TO THE CLAIM IN THE TWELVE MONTHS BEFORE THE EVENT, AND (b) ONE HUNDRED US DOLLARS ($100.00).
18.2 Licensor's Suppliers are intended third-party beneficiaries of Sections 7.8 and 15 to 19 and may enforce them directly. No other person is a third-party beneficiary of this Agreement.
18.3 Nothing in this Agreement excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, for fraud, or for fraudulent misrepresentation.
18.4 Some jurisdictions do not allow certain limitations of liability, so parts of Sections 16 to 18 may not apply to you.
19. Exclusive remedy and independent survival
19.1 Your sole and exclusive remedy for any defect in the Software is, at Licensor's option, correction of the defect, replacement of the Software, or refund of the fee paid for the licence concerned against its permanent deactivation.
19.2 SECTIONS 15, 16, 17 AND 18 ARE INDEPENDENT OF, AND SURVIVE, ANY FAILURE OF THE ESSENTIAL PURPOSE OF THE LIMITED REMEDY IN SECTION 19.1 AND ANY OTHER LIMITED REMEDY. THE EXCLUSION OF DAMAGES IN SECTION 17 AND THE CAP IN SECTION 18.1 APPLY EVEN IF THE REMEDY IN SECTION 19.1 IS HELD TO HAVE FAILED OF ITS ESSENTIAL PURPOSE OR TO BE UNAVAILABLE.
19.3 If any part of Sections 15 to 18 is held unenforceable, the remainder continues in force, and the unenforceable part is reduced to the maximum limitation permitted by law rather than struck.
20. Indemnity by you
You will defend, indemnify and hold harmless Licensor, its Suppliers, and their officers, members, employees and contractors from and against any third-party claim, demand, proceeding, loss, liability, damage, fine, cost or expense, including reasonable attorneys' fees, arising out of or related to:
(a) Customer Content;
(b) your use of the Software in breach of this Agreement or of applicable law;
(c) any claim that your programme material infringes or misappropriates a third-party right;
(d) the operation of any Connected Equipment through the Software, including any transmitter or relay;
(e) your network configuration, and any access to your network, computer or Connected Equipment that it allowed;
(f) any use prohibited by Section 13; and
(g) any claim brought against Licensor by an advertiser, sponsor, rights holder, network, affiliate, listener or regulator in connection with your broadcast.
21. No intellectual property indemnity
21.1 LICENSOR PROVIDES NO INDEMNITY, DEFENCE OR HOLD-HARMLESS IN RESPECT OF ANY CLAIM THAT THE SOFTWARE OR ANY THIRD-PARTY COMPONENT INFRINGES OR MISAPPROPRIATES A PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHT.
21.2 Licensor's own Suppliers provide Licensor with no such indemnity, including in respect of the audio codecs the Software implements. Licensor cannot and does not extend to you protection it does not itself hold.
21.3 If a third party asserts such a claim against you, your remedy is limited to Section 19.1, subject to Sections 17 and 18.
22. Time limit on claims
Any claim arising out of or related to this Agreement or the Software must be brought within ONE (1) YEAR after the cause of action accrues, and is permanently barred thereafter. The parties agree that this period is reasonable and expressly shorten any longer statutory limitations period to the extent permitted by law.
23. Notice and cure before suit
Before commencing any proceeding, the complaining party will give the other written notice describing the claim in reasonable detail and allow sixty (60) days to cure or resolve it. This Section does not apply to an application for injunctive relief to protect intellectual property or confidential information.
24. Audit and licence verification
24.1 On thirty (30) days' written notice, and no more than once in any twelve-month period, Licensor may request a written statement of the number and location of your Installations and the number of Codec Instances running on each, certified by an officer of your organisation.
24.2 Licensor may also verify your use through the Licensing Service, including the Installations activated against your Licence Keys.
24.3 If either discloses use beyond the licences purchased, you will purchase the additional licences at list price within thirty (30) days.
25. Term and termination
25.1 This Agreement takes effect on your acceptance and continues until terminated.
25.2 You may terminate at any time by deactivating and uninstalling all Installations. Termination by you gives no right to a refund except under Section 4.4.
25.3 Licensor may terminate immediately on written notice if you materially breach this Agreement, including any breach of Section 5, Section 6.2, Section 11.10 or non-payment, and fail to cure a curable breach within fourteen (14) days of notice.
25.4 On termination all rights granted to you cease, your Licence Keys are deactivated, your access to the SIP Service ends, and you must cease all use of the Software and remove it from every computer.
25.5 Sections 1, 5, 6, 7, 10, 12, 13, 15, 16, 17, 18, 19, 20, 21, 22, 23, 25.4, 25.5, 27, 28, 29 and 30 survive termination.
26. Export and government users
26.1 You represent that you are not located in, and will not use or export the Software into, any country or to any person subject to United States trade sanctions or export restrictions, and that you will comply with all applicable export control laws. The Software contains and uses encryption, including AES-256 for Direct links and TLS and secure WebSocket for SIP; you are responsible for compliance with any import, use or reporting requirement in your own jurisdiction.
26.2 The Software is "commercial computer software" and "commercial computer software documentation" within 48 C.F.R. 12.212 and 48 C.F.R. 227.7202. Government end users acquire only the rights in this Agreement.
27. Assignment
You may not assign or transfer this Agreement or any Licence Key, in whole or in part, by agreement, merger, change of control or operation of law, without Licensor's prior written consent. Licensor may assign this Agreement freely, including to a successor entity or on a change of corporate name. Any purported assignment in breach of this Section is void.
28. Governing law, venue, jury waiver and class waiver
28.1 Governing law. This Agreement is governed by the laws of the State of Tennessee, United States, without regard to its conflict of laws rules, and excluding the United Nations Convention on Contracts for the International Sale of Goods and any version of the Uniform Computer Information Transactions Act.
28.2 Exclusive venue. The state and federal courts sitting in Rutherford County, Tennessee have exclusive jurisdiction over any proceeding arising out of or related to this Agreement or the Software. Each party irrevocably consents to personal jurisdiction and venue there and waives any objection based on inconvenient forum or lack of personal jurisdiction. You may bring a claim there; you may not bring one anywhere else.
28.3 JURY WAIVER. EACH PARTY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, WHETHER IN CONTRACT, TORT OR OTHERWISE. EACH PARTY ACKNOWLEDGES THAT IT HAS READ THIS WAIVER, THAT IT HAS HAD THE OPPORTUNITY TO CONSULT COUNSEL, THAT IT IS ENTERING INTO A COMMERCIAL TRANSACTION IN THE COURSE OF ITS BUSINESS, AND THAT THIS WAIVER IS A MATERIAL INDUCEMENT TO THE OTHER PARTY. EITHER PARTY MAY FILE A COPY OF THIS AGREEMENT AS EVIDENCE OF THE WAIVER.
28.4 CLASS WAIVER. EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING.
28.5 Attorneys' fees. In any proceeding arising out of or related to this Agreement, the prevailing party is entitled to recover its reasonable attorneys' fees, expert fees and costs.
28.6 Injunctive relief. Nothing in this Section prevents Licensor from seeking injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
29. Notices
Notices to Licensor must be in writing to legal@fusionair.net and to FusionAir, LLC, PO Box 156, Smyrna, Tennessee 37167. Notices to you may be given to the email address associated with your Licence Key or displayed within the Software, and are effective on the date sent or displayed.
30. General
30.1 Entire agreement. This Agreement, with Licensor's order form, Schedules A, B and C, and the Notices File, is the entire agreement on its subject matter and supersedes all prior discussions, proposals, demonstrations, marketing materials and representations. Any purchase order or vendor terms you issue have no effect, notwithstanding Licensor's acceptance of payment under them.
30.2 No reliance. You acknowledge that you have not relied on any statement, demonstration, specification, roadmap, feature list or representation not set out in this Agreement or in Schedule C.
30.3 Amendment. Except as provided in Sections 2.3, 7.9 and 11.12, this Agreement may be amended only in a writing signed by both parties.
30.4 Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed, and the remainder continues in full force.
30.5 Waiver. A failure or delay in enforcing a right is not a waiver of it.
30.6 Force majeure. Licensor is not liable for any delay or failure caused by circumstances beyond its reasonable control, including power failure, network or carrier failure, third-party service outage, cyber attack, natural disaster, labour action, or act of government.
30.7 Independent contractors. Nothing here creates a partnership, joint venture, agency or employment relationship.
30.8 Construction. This Agreement will not be construed against the drafting party. Headings are for convenience only. "Including" means "including without limitation".
30.9 Language. This Agreement is in English; any translation is for convenience and the English text controls.
Schedule A: Principal third-party components
This Schedule describes the principal components in general terms. The authoritative list for your copy is the Notices File installed with it, and where the two differ the Notices File governs (Sections 7.1, 7.9 and 7.10). Nothing in this Schedule is a warranty as to any component's licence status.
FFmpeg 9.0.2, with LAME and Opus built in
Role: Internet stream decoding; Barix send and receive
How it ships: A separate program, ffmpeg.exe, run over pipes; you may replace it with your own build
Licence: GNU LGPL 2.1 or later
mpg123
Role: MPEG audio decoding: MP3 links and emergency audio
How it ships: A separate library beside the audio engine
Licence: GNU LGPL 2.1
LAME
Role: MP3 encoding
How it ships: A separate library beside the audio engine, and inside FFmpeg
Licence: GNU Library GPL 2
SRT
Role: Direct link transport, loss recovery and encryption
How it ships: A separate library beside the audio engine
Licence: Mozilla Public License 2.0
OpenSSL
Role: Cryptography for Direct links
How it ships: Separate libraries beside the audio engine
Licence: Apache License 2.0
Opus
Role: Opus encoding and decoding
How it ships: A separate library beside the audio engine, and inside FFmpeg
Licence: BSD-3-Clause, with royalty-free patent licences
SpeexDSP
Role: Echo cancellation
How it ships: Compiled into the audio engine
Licence: BSD-3-Clause
libre (re)
Role: SIP signalling
How it ships: Compiled into the audio engine; modified by Licensor
Licence: BSD-3-Clause
G.722 codec (libg722)
Role: G.722 audio
How it ships: Compiled into the audio engine
Licence: Public domain, BSD-2-Clause and Carnegie Mellon terms
Electron
Role: Application shell
How it ships: The application; its licence ships beside it
Licence: MIT
Chromium
Role: Rendering, within Electron
How it ships: The application; its licences ship beside it as LICENSES.chromium.html
Licence: BSD-3-Clause and others
Electron's ffmpeg.dll
Role: Media handling within the application shell, built without proprietary codecs
How it ships: A separate library beside the application
Licence: GNU LGPL 2.1
Node.js
Role: Application runtime, within Electron
How it ships: The application
Licence: MIT
V8
Role: JavaScript engine, within Electron
How it ships: The application
Licence: BSD-3-Clause
Microsoft Windows components
Role: Audio and media
How it ships: Not distributed; part of your Windows installation
Licence: Your Windows licence
Schedule B: Permitted use summary
This summary is for convenience and does not vary the Agreement.
PERMITTED: running the number of Codec Instances you have purchased on your Installations; carrying live and recorded programming over SIP, Direct, RTP, Barix and stream connections, including programming for others; playing emergency audio from material you hold the rights to; controlling your own Connected Equipment; keeping one backup of the installer; moving an Installation by deactivating and reactivating; exercising any right an Open Source Component's own licence gives you, including those in Section 7.11.
NOT PERMITTED: running more Codec Instances than you have purchased; sharing a Licence Key; running the Software for a third party as a hosted service; reverse engineering or modifying the Software beyond Section 7.11; extracting embedded credentials or reaching Licensor's services other than through the Software; defeating activation; removing notices; publishing benchmarks without consent; using it for a competing product; relying on it for safety or emergency communications under Section 13.
Schedule C: Key terms in brief
A summary of key terms, published with this Agreement before purchase. It is incorporated into this Agreement by Section 2.4; where it differs from the rest of this Agreement, the rest of this Agreement governs.
- Windows only. AirCodec runs on 64-bit Microsoft Windows.
- Licensed per codec. Each licence runs one codec. One computer can run up to five, one licence each. Each end of a link needs its own licence.
- Activation is required and the Software contacts the internet. It must reach Licensor's licence server to activate, revalidates about every six hours, and uses Licensor's SIP Service for SIP connections.
- A licence binds to one computer. Activation records a Machine Identifier derived from a network adapter's hardware address, the computer's name, the operating system platform and the processor architecture. Replacing a network adapter or motherboard, renaming the computer, changing virtualised hardware, or rebuilding Windows may invalidate the activation until it is reissued. Deactivate before you rebuild. Free reissue is available where deactivation was not possible.
- Data sent to Licensor. The Machine Identifier, the computer's name, the Licence Key, the email address, the Software version, and application start and shutdown times; and, for SIP, each codec's SIP name, network address and call signalling. Nothing else: no programme audio, no emergency audio files, no routed data, no logs. Retention and your rights are in Section 8.
- Updates are never automatic. You choose when to check, download and install. Each Update shows the agreement then in effect, and may change features or the third-party components included.
- Terms can change. Licensor may change this Agreement, including its privacy terms, at any time. The current version is always at https://fusionair.net/air-codec/eula. A change that materially reduces your rights is emailed to the address on your licence, and using the Software after a change takes effect is acceptance of it. See Section 2.3.
- Programme audio goes where you send it. Call audio travels directly between codecs, and other audio to destinations you configure. The SIP Service carries signalling only.
- Emergency audio, failover and relays are tools, not guarantees. Station identification and every FCC requirement remain your responsibility. Relays are not a safety system. AirCodec cannot call 911.
- Open source components are included, and their source is published free of charge at https://fusionair.net/air-codec/notices, or on request to legal@fusionair.net.
- No warranty, and no liability for broadcast losses. The Software is supplied as is. Licensor's total liability is capped at what you paid, and Licensor is not liable for dead air, missed IDs or spots, failover or relay actions, transmitter state, lost data or regulatory fines. There is no intellectual property indemnity. See Sections 15 to 21.
- Known issues are published. Read the release notes for the version you are buying at https://fusionair.net/air-codec/releases.
- Business use only. The Software is licensed for commercial broadcast use, not consumer use.
- Tennessee law and courts. Disputes are governed by Tennessee law and heard exclusively in Rutherford County, Tennessee, without a jury.
AirCodec is a product of FusionAir, LLC. Copyright (c) 2026 FusionAir, LLC. All rights reserved. Comrex, Tieline, Barix, Inovonics and Windows are trademarks of their respective owners.