END USER LICENSE AGREEMENT
IMPORTANT READ CAREFULLY: This End-User License Agreement ("EULA") is a
legal agreement between You (either an individual person or a single legal entity, who
will be referred to in this EULA as "You") and videoconverterfactory.com
("LICENSOR"). The licensed materials include COMPUTER program, and any
associated media, printed materials and electronic documentation (the
"SOFTWARE"). The SOFTWARE also includes any SOFTWARE updates, add-on
components, web services and/or supplements that the LICENSOR may provide to
You or make available to You after the date You obtain Your initial copy of the
SOFTWARE to the extent that such items are not accompanied by a separate
license agreement or terms of use. By installing, copying, downloading, accessing or
otherwise using the SOFTWARE, You agree to be bound by the terms of this EULA.
If You do not agree to the terms of this EULA, do not install, access or use the
SOFTWARE.
For purposes of this EULA, the term "LICENSOR" refers to
videoconverterfactory.com, except in the event that You acquired the SOFTWARE
as a component of a videoconverterfactory.com SOFTWARE product originally
licensed from the manufacturer of Your COMPUTER system or COMPUTER system
component, then "LICENSOR" or refers to such hardware manufacturer. By installing,
copying, downloading, accessing or otherwise using the SOFTWARE, You agree to
be bound by the terms of this EULA. If You do not agree to the terms of this EULA,
LICENSOR is unwilling to license the SOFTWARE. In such event, You may not
install, copy, download or otherwise use the SOFTWARE.
NOTE: IF YOU DO NOT HAVE A VALID LICENSE FOR THE SOFTWARE, YOU
ARE NOT AUTHORIZED TO INSTALL, COPY OR OTHERWISE USE THE
SOFTWARE EXCEPT AS NECESSARY FOR YOUR TRIAL PERIOD.
1) SOFTWARE LICENSE
The SOFTWARE is protected by intellectual property laws and treaties. The
SOFTWARE is licensed, not sold.
This EULA grants You the following rights:
* SYSTEMS SOFTWARE - You may install and use one copy of the SOFTWARE on
a single COMPUTER, including a workstation, terminal or other digital electronic
device ("COMPUTER").
* STORAGE/NETWORK USE - You may also store or install a copy of the
SOFTWARE on a storage device, such as a network server, used only to install or
run the SOFTWARE on Your other COMPUTERS over an internal network; however,
You must acquire and dedicate a license for each separate COMPUTER on or from
which the SOFTWARE is installed, used, accessed, displayed or run. A license for
the SOFTWARE may not be shared or used concurrently on different COMPUTERS.
Restrictions:
* You may not sell, license or distribute copies of the SOFTWARE on a stand-alone
basis or as part of any collection, product or service where the primary value of the
product or service are the SOFTWARE.
* You may not use or distribute any of the SOFTWARE that include representations of
identifiable individuals, governments, logos, initials, emblems, trademarks, or entities
for any commercial purposes or to express or imply any endorsement or association
with any product, service, entity, or activity.
* You must indemnify, hold harmless, and defend videoconverterfactory.com from and
against any claims or lawsuits, including attorneys' fees, that arise from or result from
the use or distribution of SOFTWARE as modified by You.
* videoconverterfactory.com respects the rights of artists and film companies, and the
proper use of the SOFTWARE does not violate those rights.
2) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
* LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND
DISASSEMBLY - You may not reverse engineer, decompile, or disassemble the
SOFTWARE, except and only to the extent that such activity is expressly permitted
by applicable law notwithstanding this limitation.
* TRADEMARKS - This EULA does not grant You any rights in connection with any
trademarks or service marks of LICENSOR or its suppliers.
* NO RENTAL, LEASING OR COMMERCIAL HOSTING - You may not rent, lease,
lend or provide commercial hosting services to third parties with the SOFTWARE.
* SUPPORT SERVICES - LICENSOR may provide You with support services related
to the SOFTWARE ("Support Services"). Use of Support Services is governed by the
policies and programs described in the user manual, in "online" documentation, or in
other materials from the Support Services provider. Any supplemental SOFTWARE
code provided to You as part of the Support Services are considered part of the
SOFTWARE and subject to the terms and conditions of this EULA. You
acknowledge and agree that LICENSOR may use information You provide to
LICENSOR as part of the Support Services for its business purposes, including for
product support and development. For SOFTWARE licensed from the hardware
manufacturer, please refer to the manufacturer's support number and address
provided in Your hardware documentation.
* TERMINATION - Without prejudice to any other rights, LICENSOR or its suppliers
may terminate this EULA if You fail to comply with the terms and conditions of this
EULA. In such event, You must destroy all copies of the SOFTWARE and all of its
component parts.
* UPGRADES - If the SOFTWARE is labeled as an upgrade, You must be properly
licensed to use a product identified by videoconverterfactory.com as being eligible for
the upgrade in order to use the SOFTWARE. A SOFTWARE labeled as an upgrade
replaces and/or supplements the product that formed the basis for Your eligibility for
the upgrade. You may use the resulting upgraded product only in accordance with
the terms of this EULA. If the SOFTWARE is an upgrade of a component of a
package of SOFTWARE programs that You licensed as a single product, the
SOFTWARE may be used and transferred only as part of that single product package
and may not be separated for use on more than one COMPUTER.
* BACKUP COPY - After installation of one copy of the SOFTWARE pursuant to this
EULA, You may keep the original media on which the SOFTWARE was provided by
videoconverterfactory.com solely for backup or archival purposes. If the original
media is required to use the SOFTWARE on the COMPUTER, You may make one
copy of the SOFTWARE solely for backup or archival purposes. Except as expressly
provided in this EULA, You may not otherwise make copies of the SOFTWARE or the
printed materials accompanying the SOFTWARE.
* AUTOMATIC COMMUNICATIONS FEATURES - The SOFTWARE consists of
interactive Internet applications that perform a variety of communications over the
Internet as part of its normal operation. A number of communications features are
automatic and are enabled by default. By installing and/or using the SOFTWARE,
You consent to the SOFTWARE's communications features. Once You have
activated the SOFTWARE, user information including Your user id will be sent in
communications with videoconverterfactory.com servers. This information is used to
perform a background check against videoconverterfactory.com license servers. You
are responsible for any telecommunications or other connectivity charges incurred
through use of the SOFTWARE.
* INTELLECTUAL PROPERTY RIGHTS - All title and intellectual property rights in
and to the SOFTWARE (including but not limited to any images, photographs,
animations, video, audio, music, text, and "applets" incorporated into the
SOFTWARE), the accompanying printed materials, and any copies of the
SOFTWARE are owned by LICENSOR or its suppliers. All title and intellectual
property rights in and to the content that is not contained in the SOFTWARE, but may
be accessed through use of the SOFTWARE, is the property of the respective
content owners and may be protected by applicable copyright or other intellectual
property laws and treaties. This EULA grants You no rights to use such content. If this
SOFTWARE contains documentation that is provided only in electronic form, You
may print one copy of such electronic documentation. You may not copy the printed
materials accompanying the SOFTWARE. All rights not specifically granted under this
EULA are reserved by LICENSOR and its suppliers.
* U.S. GOVERNMENT LICENSE RIGHTS - All SOFTWARE provided to the U.S.
Government pursuant to solicitations issued on or after December 1, 1995 is provided
with the commercial license rights and restrictions described elsewhere herein. All
SOFTWARE provided to the U.S. Government pursuant to solicitations issued prior to
December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR,
48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as
applicable.
* EXPORT RESTRICTIONS - You acknowledge that the SOFTWARE is subject to
U.S. export jurisdiction. You agree to comply with all applicable international and
national laws that apply to the SOFTWARE, including the U.S. Export Administration
Regulations, as well as end-user, end-use and destination restrictions issued by U.S.
and other governments.
* LIMITED WARRANTY
NOTE: IF YOU LICENSED THE SOFTWARE FROM A HARDWARE
MANUFACTURER AS A COMPONENT OF A VIDEOCONVERTERFACTORY.COM
SOFTWARE PRODUCT, PLEASE REFER TO THE LIMITED WARRANTIES,
LIMITATION OF LIABILITY, AND OTHER SPECIAL PROVISION APPENDICES
PROVIDED WITH OR IN SUCH OTHER VIDEOCONVERTERFACTORY.COM
SOFTWARE PRODUCTS. SUCH LIMITED WARRANTIES, LIMITATIONS OF
LIABILITY AND SPECIAL PROVISIONS ARE AN INTEGRAL PART OF THIS EULA
AND SHALL SUPERSEDE ALL OF THE WARRANTIES, LIMITATIONS OF
LIABILITY AND OTHER SPECIAL PROVISIONS SET FORTH BELOW.
FOR SOFTWARE LICENSED DIRECTLY FROM
VIDEOCONVERTERFACTORY.COM, THE FOLLOWING SECTIONS APPLY:
LIMITED WARRANTY FOR SOFTWARE - videoconverterfactory.com warrants that
the SOFTWARE will perform substantially in accordance with the accompanying
materials for a period of ninety (90) days from the date of receipt.
If an implied warranty or condition is created by Your country, state/jurisdiction and
federal or state/provincial law prohibits disclaimer of it, You also have an implied
warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE
PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS
DISCOVERED AFTER THE NINETY (90) DAY PERIOD, THERE IS NO
WARRANTY OR CONDITION OF ANY KIND. Some countries/states/jurisdictions do
not allow limitations on how long an implied warranty or condition lasts, so the above
limitation may not apply to You.
Any supplements or updates to the SOFTWARE, including without limitation, any (if
any) service packs or hot fixes provided to You after the expiration of the ninety (90)
day Limited Warranty period are not covered by any warranty or condition, express,
implied or statutory.
* LIMITATION ON REMEDIES - NO CONSEQUENTIAL OR OTHER DAMAGES -
Your exclusive remedy for any breach of this Limited Warranty is as set forth below.
Except for any refund elected by videoconverterfactory.com, YOU ARE NOT
ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO
CONSEQUENTIAL DAMAGES, if the SOFTWARE does not meet
videoconverterfactory.com's Limited Warranty, and, to the maximum extent allowed
by applicable law, even if any remedy fails of its essential purpose. The terms of the
section below ("Exclusion of Incidental, Consequential and Certain Other Damages")
are also incorporated into this Limited Warranty. Some states/jurisdictions do not
allow the exclusion or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to You. This Limited Warranty gives You specific
legal rights. You may have others which vary from state/jurisdiction to
state/jurisdiction.
* YOUR EXCLUSIVE REMEDY - videoconverterfactory.com' and its suppliers' entire
liability and Your exclusive remedy shall be, at videoconverterfactory.com's option
from time to time exercised subject to applicable law, (a) return of the price paid (if
any) for the SOFTWARE, or (b) repair or replacement of the SOFTWARE, that does
not meet this Limited Warranty and that is returned to videoconverterfactory.com with
a copy of Your receipt. You will receive the remedy elected by
videoconverterfactory.com without charge, except that You are responsible for any
expenses You may incur (e.g. cost of shipping the SOFTWARE to
videoconverterfactory.com). This Limited Warranty is void if failure of the
SOFTWARE has resulted from accident, abuse, misapplication, abnormal use or a
virus. Any replacement SOFTWARE will be warranted for the remainder of the original
warranty period or thirty (30) days, whichever is longer. Neither these remedies nor
any product Support Services offered by videoconverterfactory.com are available
without proof of purchase from an authorized international source.
* DISCLAIMER OF WARRANTIES - The Limited Warranty that appears above is the
only express warranty made to You and is provided in lieu of any other express
warranties (if any) created by any documentation or packaging. Except for the Limited
Warranty and to the maximum extent permitted by applicable law,
videoconverterfactory.com and its suppliers provide the SOFTWARE and Support
Services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other
warranties and conditions, either express, implied or statutory, including, but not
limited to, any (if any) implied warranties, duties or conditions of merchantability, of
fitness for a particular purpose, of accuracy or completeness of responses, of results,
of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to
the SOFTWARE, and the provision of or failure to provide Support Services. ALSO,
THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT,
QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-
INFRINGEMENT WITH REGARD TO THE SOFTWARE.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER
DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT SHALL VIDEOCONVERTERFACTORY.COM OR ITS SUPPLIERS BE
LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR
BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY,
FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF
REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY
OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED
TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF
OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR
IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT
OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH
OF CONTRACT OR BREACH OF WARRANTY OF
VIDEOCONVERTERFACTORY.COM OR ANY SUPPLIER, AND EVEN IF
VIDEOCONVERTERFACTORY.COM OR ANY SUPPLIER HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
3) MISCELLANEOUS
* ENTIRE AGREEMENT - This EULA (including any addendum or amendment to this
EULA which is included with the SOFTWARE) is the entire agreement between You
and videoconverterfactory.com relating to the SOFTWARE and the Support Services
(if any) and they supersede all prior or contemporaneous oral or written
communications, proposals and representations with respect to the SOFTWARE or
any other subject matter covered by this EULA. To the extent the terms of any
videoconverterfactory.com policies or programs conflict with the terms of this EULA,
the terms of this EULA shall control.
* PARTIAL INVALIDITY - If any provision of the terms, or any part of a provision, is
found by any court or administrative body of competent jurisdiction to be illegal, invalid
or unenforceable, and the provision (or part-provision) in question is not of a
fundamental nature to the terms as a whole, the legality, validity or enforceability of
the remainder of the terms (including the remainder of the term which contains the
relevant provision) shall not be affected.
* NO WAIVER - The failure to exercise, or delay in exercising, a right, power or
remedy provided by the terms or by law shall not constitute a waiver of that right,
power or remedy. If videoconverterfactory.com waives a breach of any provision of
the terms this shall not operate as a waiver of a subsequent breach of that provision,
or as a waiver of a breach of any other provision.
* ASSIGNMENT - You are not allowed to assign the terms or any rights hereunder.
videoconverterfactory.com is allowed at its sole discretion to assign the terms or any
rights hereunder to any third party, without giving prior notice.
* APPLICABLE LAW - The terms shall be governed by and interpreted in accordance
with the laws of the State of California.
* LANGUAGE - The original English version of the terms may have been translated
into other languages. In the event of inconsistency or discrepancy between the
English version and any other language version, the English language version shall
prevail.
* SURVIVAL - The terms of section 2 and 3 of this EULA, and any other provision
which is expressed to survive or operate in the event of termination, shall survive
termination of this EULA and the applicable additional terms for whatever reason.