This is the End User Licence Agreement supplied with SportsCaster Pro. The copy installed with your software governs your copy; this page shows the current version.
SPORTSCASTER PRO
END USER LICENCE AGREEMENT
Version 2.5 - 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, AND AN EXCLUSIVE TENNESSEE
FORUM. 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 SportsCaster Pro, including its installer, executables, audio engine,
bundled components, 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" - SportsCaster Pro in object code form, its installer, its native
audio engine, its bundled runtime components, any Updates supplied under this
Agreement, and the accompanying documentation.
1.2 "Licence Key" - the alphanumeric key issued by Licensor that activates the
Software for a permitted number of Installations.
1.3 "Installation" - one copy of the Software installed on one physical or virtual
computer and activated against one Machine Identifier.
1.4 "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.
1.5 "Licensing Service" - the licence activation and validation service operated
by Licensor and reached at the endpoints in Section 8.1.
1.6 "Studio Link Service" - the SIP signalling service operated by Licensor that
allows the Software to reach a remote studio endpoint by name.
1.7 "Customer Content" - any audio, video, image, text, metadata or other material
you supply to, record with, play through, stream from, or transmit using the
Software, including live programme audio, commercial spots, music, bump beds,
sponsor imagery and station identification.
1.8 "Notices File" - the file THIRD-PARTY-NOTICES.txt installed with your copy of
the Software and reachable from its About box, which identifies the Third-Party
Components present in that copy.
1.9 "Third-Party Components" - the third-party software distributed with or
embodied in your copy of the Software, as identified in the Notices File.
1.10 "Open Source Components" - those Third-Party Components identified in the
Notices File as being licensed under an open source licence.
1.11 "Suppliers" - Licensor's licensors, contributors, vendors and distributors,
including the licensors of the Third-Party Components.
1.12 "Updates" - bug fixes, patches, point releases and minor releases of the
Software that Licensor makes available under Section 12.
2. ACCEPTANCE AND RECORD OF ACCEPTANCE
2.1 The Software's installer presents this Agreement and requires affirmative
acceptance before the Software will be installed.
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 may amend this Agreement. An amended version applies to Installations
activated or re-activated after it takes effect, and the Software or its installer
will present it for acceptance. If you do not accept an amended version, your sole
remedy is to cease using the Software; the version you previously accepted
continues to govern Installations already activated under it.
2.4 The disclosures in Schedule C are made to you before purchase, on Licensor's
order form and product page, and are incorporated into this Agreement. You
acknowledge that you had the opportunity to read them, and 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,
on the number of Installations covered by your Licence Key, for your internal
business purposes, including the production and distribution of live and recorded
broadcast programming.
3.2 Seats. Unless your order states otherwise, one Licence Key authorises one
Installation. Additional Installations require additional purchased seats.
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 16 to 24 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 Updates made available
for it under Section 12. It does not include future major versions.
4.4 Refunds are available within fourteen (14) days of purchase where the Software
has not been used 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, 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, or (b) the licence terms of an Open Source
Component expressly permit it in respect of that component. 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;
5.5 remove, obscure or alter any copyright, trademark, licence or proprietary
notice, including the Notices File and the About box;
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 exceed the Installations your Licence Key authorises, or share a Licence Key
between computers not covered by purchased seats;
5.8 use the Software in violation of applicable law, or in a way that infringes or
misappropriates a third-party right;
5.9 publish benchmark, performance, latency or audio-measurement results
concerning the Software without Licensor's prior written consent; or
5.10 use the Software, or information derived from it, to design, develop, train
or improve a competing product.
5.11 Sections 5.1 to 5.10 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. See Section 7.2.
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 licensing and activation protocol, its studio link signalling
behaviour, 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.
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 are the property of their respective owners. ASIO is a trademark of
Steinberg Media Technologies GmbH, registered in Europe and other countries. 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. They do not extend to SportsCaster Pro, 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. Any Third-Party Component distributed
under a copyleft licence - including any version of the GNU General Public License
or the GNU Lesser General Public License - is distributed as a separate executable
program, or as separately replaceable shared libraries accompanying such a
program. It is invoked by the Software through operating system process and pipe
interfaces. No such component is linked into the Software, statically or
dynamically, and none forms part of a combined or derivative work with it.
Accordingly no copyleft obligation extends from any such component to the
Software.
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/legal/sportscaster-pro/notices, which is the same place from which the
Software is distributed. 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 SportsCaster Pro 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 used
to control its compilation and installation, and neither entitles you to any part
of the Software's own source code.
7.6 No open source licence applies to the Software itself. SportsCaster Pro'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 or any other open source licence, and this Agreement
conveys no such licence in respect of them.
7.7 No sublicence of Licensor's third-party rights. Licensor's commercial and
contractual rights in Third-Party Components that are not open source - including
its commercial framework licences and its audio device SDK agreements - are
personal to Licensor and are not transferred, sublicensed or extended to you. You
are licensed to run those components only as they are embodied in the Software as
delivered. You acquire no right to extract, isolate, reuse, redistribute, link
against or develop with any such component, its headers, its SDK or its libraries,
whether or not they are present on your computer.
7.8 No warranty or indemnity from Suppliers. The Third-Party Components are
supplied to Licensor without warranty and, in several cases, without any indemnity
against claims that the component infringes a third party's intellectual property.
In particular:
(a) the Steinberg ASIO SDK is supplied to Licensor "as is", with no warranty and
no intellectual property indemnity; and
(b) where the Software includes the JUCE MP3 audio format decoder, its author
supplies it on terms materially different from the rest of that framework,
disclaiming responsibility for any patent, copyright or other legal issue,
stating that it is not guaranteed to be free from infringement of third-party
intellectual property, and directing licensees to seek their own advice.
Licensor passes those components through on the same basis and can offer you no
greater protection than it received. See Sections 16 and 22.
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, 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, the corresponding notices, and the
current version of this Agreement at
https://fusionair.net/legal/sportscaster-pro/notices. That published list describes the current
release and may differ from the copy you hold. Nothing published there varies this
Agreement or imposes any obligation on you: where the two differ, the Notices File
installed with your copy governs what you received, and Section 2.3 governs how
this Agreement itself may change.
8. ACTIVATION, DATA AND PRIVACY
8.1 Endpoints. In normal operation the Software communicates with:
https://broadcastnetworkmonitor.com/licadmin
Activation, periodic validation, update checks, and application start and
shutdown events
https://sip.sportscasterpro.com/api/v1
Studio endpoint provisioning and contact resolution
Stream destinations you configure
Delivery of your programme audio to servers of your choosing
Remote studio endpoints you dial
Peer-to-peer real-time audio
8.2 Data sent to the Licensing Service. A Machine Identifier derived from the
network adapter hardware addresses, hostname, operating system platform and
processor architecture of the computer; the Windows machine name; the Licence Key;
the Software version; and the date and time of application start and shutdown.
This is used to bind seats to machines, to detect duplicate use of a Licence Key,
to determine whether an Update applies, and to support you.
8.3 Data sent to the Studio Link Service. The Licence Key and the machine name, to
provision your studio endpoint and resolve contacts by name. Your email address is
held in Licensor's licence records and is not transmitted by the Software.
8.4 Media path. Studio link audio travels peer-to-peer by RTP directly between
endpoints. Signalling passes through Licensor's service; programme media does not.
Licensor does not receive, record or store your programme audio.
8.5 Data that stays on your computer. Recordings, cart and spot audio,
configuration, presets and logs 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 recordings, your cart library, your keystrokes or your screen
contents.
8.7 Personal data. A Machine Identifier and a machine name 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.
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. Licensor's full
privacy notice is at https://fusionair.net/legal/sportscaster-pro/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. Streaming servers, content delivery networks,
social platforms and remote endpoints you configure 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 A SEAT. Replacement of a network adapter or motherboard, a
change of hostname, a change of virtualised hardware, or an operating system
rebuild may change the Machine Identifier and cause the Installation to fail
validation until the seat 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 the seat for reuse.
9.4 Where deactivation was not possible because of hardware failure, theft or a
dead machine, Licensor will reissue the seat on request at no charge, on your
confirmation that the previous Installation is out of service. Licensor may
decline repeated reissues that indicate seat sharing rather than machine
replacement.
9.5 The Software will continue to operate through a temporary loss of connectivity
to the Licensing Service for a grace period set by Licensor. It is your
responsibility to confirm a validated licence before going to air.
10. CUSTOMER CONTENT, BROADCASTING AND RECORDING
10.1 You are solely responsible for Customer Content and for holding all rights,
licences, clearances, consents and performance-royalty coverage necessary to
record, reproduce, perform, transmit and distribute it, including music licensing,
sports rights, talent releases, and any consent required to record a telephone or
remote participant.
10.2 You are solely responsible for compliance with all applicable broadcasting,
telecommunications and recording law, including the rules of any regulator to
whose jurisdiction your station is subject, and the laws of every jurisdiction in
which a party to a recorded conversation is located.
10.3 Licensor does not monitor, review, moderate, retain or take custody of what
you record or transmit.
10.4 You are responsible for verifying that a recording started, that it is
capturing the intended source, and that its destination has sufficient free space.
11. SUPPORT AND UPDATES
11.1 Licensor provides support by email to the address published 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 - consent. You consent to the Software periodically retrieving
a version manifest from Licensor's licence server to determine whether an Update
is available, and to Licensor supplying Updates through that mechanism. An update
check sends the data listed in Section 8.2 and nothing else. It does not send your
configuration, your content or any file from your computer.
11.3 Download and installation of Updates. Where the Software includes an
automatic update mechanism, you consent to Updates being downloaded and installed.
Updates may include a replacement installer or executables. You may decline
automatic installation by disabling it in the Software's settings, in which case
the Software will continue to run the version you have and you are responsible for
applying Updates yourself.
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 Studio Link Service,
where an older version presents a security or interoperability problem. Licensor
will give reasonable notice before doing so.
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, security patch, or continued compatibility with any third-party hardware,
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.
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 AND UNSUITABLE 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 You will not use the Software for any such purpose, and you assume all risk
and will indemnify Licensor in full if you do.
14. YOUR OPERATIONAL RESPONSIBILITIES
You acknowledge that live broadcasting is intolerant of failure, that all computer
software contains defects, and that it is your sole responsibility to:
14.1 provide redundant playout, backup transmission, monitoring, silence sensing
and failover appropriate to the value of the programming you carry;
14.2 test the Software, your computer, your audio interface, your drivers and your
network 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; and
14.6 read the release notes and known issues published at
https://fusionair.net/legal/sportscaster-pro/releases for the version you install.
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, GLITCH-FREE, OR FREE OF AUDIO DEFECT, DROPOUT, LATENCY, XRUN,
CLICK, MUTE, CRASH, HANG OR FAILURE ON ANY PARTICULAR COMBINATION OF COMPUTER,
AUDIO INTERFACE, DRIVER, OPERATING SYSTEM BUILD, ANTIVIRUS PRODUCT, NETWORK OR
THIRD-PARTY APPLICATION; THAT A RECORDING, STREAM, PLAYBACK OR CONNECTION WILL
START, CONTINUE OR COMPLETE; THAT A METER, INDICATOR OR STATUS DISPLAY WILL
ACCURATELY REFLECT THE UNDERLYING AUDIO OR CONNECTION 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 at
https://fusionair.net/legal/sportscaster-pro/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.
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 COMMERCIAL SPOT, SPONSOR ELEMENT, PROMOTIONAL ANNOUNCEMENT, STATION
IDENTIFICATION OR OTHER SCHEDULED ELEMENT THAT FAILED TO PLAY, PLAYED LATE,
PLAYED INCOMPLETELY, STOPPED PART-WAY THROUGH, PLAYED OUT OF ORDER, PLAYED
TWICE, OR PLAYED WHEN IT SHOULD NOT HAVE;
(c) MAKE-GOODS, SPOT CREDITS, ADVERTISER REFUNDS, LOST OR REBATED ADVERTISING
REVENUE, OR ANY CLAIM BY AN ADVERTISER, SPONSOR, RIGHTS HOLDER, NETWORK,
AFFILIATE OR SYNDICATOR;
(d) A RECORDING OR LOG THAT DID NOT START, STOPPED, TRUNCATED, CORRUPTED, WAS
INAUDIBLE, CAPTURED THE WRONG SOURCE, OR WAS LOST, INCLUDING ANY RECORDING
REQUIRED FOR REGULATORY, EVIDENTIARY, RIGHTS OR ARCHIVAL PURPOSES;
(e) A STREAM THAT FAILED TO START, DROPPED, DESYNCHRONISED, DEGRADED, OR WAS
REJECTED BY A DESTINATION SERVER OR PLATFORM;
(f) A STUDIO LINK OR REMOTE CONNECTION THAT FAILED TO CONNECT, DROPPED, OR
CARRIED IMPAIRED AUDIO;
(g) A METER, INDICATOR, TIMER OR STATUS DISPLAY THAT DID NOT REFLECT THE ACTUAL
AUDIO OR CONNECTION STATE, OR ANY DECISION TAKEN IN RELIANCE ON ONE;
(h) LOSS OF AUDIENCE, RATINGS, GOODWILL, REPUTATION, BUSINESS OPPORTUNITY, A
BROADCAST RIGHTS AGREEMENT, OR AN AFFILIATION;
(i) ANY FINE, FORFEITURE, PENALTY, SANCTION OR ENFORCEMENT ACTION IMPOSED BY ANY
REGULATOR OR RIGHTS ORGANISATION; OR
(j) 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.
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 KEY 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 7.7,
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 Key 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) any recording made with the Software without a consent
required by law; (e) any high-risk use prohibited by Section 13; and (f) 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, including Steinberg Media Technologies GmbH in
respect of the ASIO SDK and the author of the JUCE MP3 audio format decoder,
provide Licensor with no such indemnity and in the latter case expressly disclaim
that the component is free of third-party intellectual property infringement.
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
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, certified by an officer of your organisation.
24.2 If the statement discloses use beyond purchased seats, you will purchase the
additional seats 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 7.7 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, 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 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; 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 and 7.9, 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 - see Sections 7.1, 7.9 and 7.10. Nothing
in this Schedule is a warranty as to any component's licence status; each
component's own licence, as reproduced or identified in the Notices File, is what
governs it.
JUCE framework (Raw Material Software Limited)
Role: Audio engine framework - device handling, formats, DSP, event loop.
Statically linked into the engine.
Nature: Proprietary framework used by Licensor under a commercial licence. That
licence is personal to Licensor - Section 7.7.
JUCE MP3 audio format decoder
Role: MP3 file decoding, where enabled in the build you received.
Nature: Supplied by its author on terms materially different from the rest of
that framework, with an express disclaimer of responsibility for patent,
copyright or other legal issues and no guarantee of freedom from
third-party infringement - Sections 7.8(b) and 21.2.
Steinberg ASIO SDK (Steinberg Media Technologies GmbH)
Role: ASIO audio device support.
Nature: Proprietary SDK used by Licensor under agreement with Steinberg. Not
redistributed with the Software. Supplied to Licensor "as is", with no
warranty and no IP indemnity - Section 7.8(a). ASIO is a trademark of
Steinberg Media Technologies GmbH, registered in Europe and other
countries.
FFmpeg, and the codec libraries built into it - including libmp3lame and libopus
Role: Stream encoding, recording, and studio link media handling. Invoked as a
separate executable over a pipe; never linked into the Software -
Section 7.4.
Nature: Open source. The licence applicable to the FFmpeg binary distributed
with your copy, and its exact build configuration, are stated in the
Notices File. Corresponding source is available under Section 7.5, and
you are free to replace the executable with your own build.
Electron
Role: Application shell.
Nature: Open source (MIT and others). Its licence file ships beside the
executable as LICENSE.electron.txt.
Chromium
Role: Rendering.
Nature: Open source (BSD-3-Clause plus a large bundled licence set). Its
licence file ships beside the executable as LICENSES.chromium.html.
V8
Role: JavaScript engine within Electron and Node.js.
Nature: Open source (BSD-3-Clause), licensed separately from Chromium and
Node.js.
Node.js
Role: Application runtime.
Nature: Open source (MIT and others).
electron-store and Node package dependencies
Role: Settings persistence and supporting libraries.
Nature: Open source under permissive licences, itemised in the Notices File.
libsamplerate
Role: Sample rate conversion.
Nature: Open source (BSD-2-Clause).
FLAC, Ogg, Vorbis
Role: Audio file decoding, where enabled in the build you received.
Nature: Open source (BSD-3-Clause, Xiph.Org Foundation).
zlib
Role: Compression, bundled within the audio engine framework.
Nature: Open source (zlib licence).
Windows Media Format components
Role: Windows Media file decoding, where enabled in the build you received.
Nature: Supplied with Microsoft Windows and used under the terms applicable to
your Windows licence. Not redistributed.
================================================================================
SCHEDULE B - PERMITTED USE SUMMARY
================================================================================
This summary is for convenience and does not vary the Agreement.
PERMITTED: installing on the number of computers your Licence Key covers;
producing, mixing, recording, logging and streaming live and recorded programming;
streaming to any server or platform you are entitled to use; connecting to remote
studios; keeping one backup of the installer; moving a seat between computers by
deactivating and reactivating; exercising any right an Open Source Component's own
licence gives you in that component.
NOT PERMITTED: exceeding your seat count; sharing a Licence Key; running the
Software for a third party as a service; reverse engineering the Software;
modifying its executables; defeating activation; removing notices; extracting or
developing against a proprietary framework or SDK embodied in the Software;
publishing benchmarks without consent; using it for a competing product;
high-risk use under Section 13.
================================================================================
SCHEDULE C - DISCLOSURES MADE BEFORE PURCHASE
================================================================================
These must appear on the order form and the product page, not only in the
Software. They are incorporated into this Agreement by Section 2.4.
1. Windows only. SportsCaster Pro runs on 64-bit Microsoft Windows. It is not
available for macOS or Linux.
2. Licence activation is required and the Software contacts the internet. The
Software must reach Licensor's licence server to activate, and will revalidate
periodically and check for updates.
3. A licence seat binds to one computer. Activation records a Machine Identifier
derived from that computer's network adapter hardware addresses, hostname,
operating system platform and processor architecture. Replacing a network
adapter or motherboard, renaming the computer, changing virtualised hardware,
or rebuilding Windows may invalidate the activation until the seat is reissued.
Deactivate before you rebuild. Free reissue is available where deactivation was
not possible.
4. Data sent to Licensor. The Machine Identifier, the Windows machine name, the
Licence Key, the Software version, and application start and shutdown times.
Retention and your rights are described in Section 8 and at
https://fusionair.net/legal/sportscaster-pro/privacy. Nothing else is collected - no programme
audio, no recordings, no cart library.
5. The Software updates itself. It checks a version manifest on Licensor's server
and can download and install updates. You can turn automatic installation off.
Updates may change or remove functionality and may change which third-party
components are included.
6. Programme audio goes where you send it. Streams go to servers you configure.
Studio link audio goes peer-to-peer to the endpoint you dial. You are
responsible for the rights to everything you record and transmit, including
music licensing and any recording consent your jurisdiction requires.
7. Open source components are included, and their source is published. The
components in your copy are listed in THIRD-PARTY-NOTICES.txt installed with
it, and the corresponding source for anything that requires it is at
https://fusionair.net/legal/sportscaster-pro/notices, free and without needing to ask.
8. 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 spots, make-goods, lost recordings, dropped streams
or regulatory fines. There is no intellectual property indemnity. See Sections
15 to 21.
9. Known issues are published. Read the release notes at
https://fusionair.net/legal/sportscaster-pro/releases for the version you are buying.
10. Business use only. The Software is licensed for commercial broadcast use, not
consumer use.
11. Tennessee law and courts. Disputes are governed by Tennessee law and heard
exclusively in Rutherford County, Tennessee, without a jury.
SportsCaster Pro is a product of FusionAir, LLC.
Copyright (c) 2026 FusionAir, LLC. All rights reserved.
ASIO is a trademark of Steinberg Media Technologies GmbH, registered in Europe
and other countries.