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TMPGEnc PGMX CREATOR Vollversion Lizenzvereinbarung für Endbenutzer
Important! - This is a legal agreement ("Agreement") between you (either an individual or, if purchased or otherwise acquired by or for an entity, an entity), the end user ("Customer" or "you"), and Pegasys Inc. ("Pegasys"). By clicking the "accept the terms in the license agreement" button and downloading, installing or using TMPGEnc PGMX CREATOR ("Software"), you are accepting all terms and conditions described in this document. These terms apply to Software, license keys and documentation for the Software, as well as any support services provided by Pegasys with respect to the foregoing, unless other terms accompany those items. If so, those terms apply. If you do not agree to the terms and conditions, you should exit this page and not download, install or use the Software. Due to the nature of license key distribution, Pegasys does NOT accept any returns and/or refunds of the Software.
The Software
: TMPGEnc PGMX CREATOR (German)
Version
: 1.xx
Number of licenses
: 1 (one)
1. Grant of License and Limitations
Subject to the terms and conditions of this Agreement, Pegasys grants you a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, royalty-bearing, terminable, worldwide license to install and use one copy of the Software on a single desktop or laptop computer within a single operating system.
A. This Agreement does not allow the Software to exist on more than one computer, or to be shared, installed or used on different computers or by more than one user at a time. If you have multiple licenses for the Software, you may then have as many copies of the Software as you have licenses, in use at any given time.
B. This Agreement permits you to make one copy of the Software solely for backup or archival purposes.
C. This Agreement permits you to make one copy of the documentation associated with the Software solely for backup or archival purposes. You may not publish or otherwise distribute the documentation.
D. This Agreement expressly agrees not to (and not to allow others to):
(a)reproduce, sublicense, distribute, transfer or dispose of or otherwise use or exploit any of the Software, in whole or in part, other than as expressly permitted in this Agreement;
(b)use the Software on any server operation systems or any server type systems;
(c)use and access the Software via network, OS, PC, workgroup and any hosting services from allowing more than the maximum number of authorized users concurrently;
(d)provide, lease, lend, use for timesharing or service bureau purposes or otherwise use the Software for the benefit of any third party;
(e)embed the Software into, or as a part (includes as a part of automatic processing) of any other products or systems except for your own personal use;
(f)modify, attempt to modify, translate, create derivative works of, reverse engineer, decompile, disassemble, or attempt to discover any source code or underlying ideas or algorithms of the object code of any portion of the Software (except and only to the extent that applicable statutory laws prohibit certain reverse engineering and similar restrictions).
E. Limitation Third Party Royalties Paid. Customer acknowledges that the Software, including but not limited to video, audio, file, stream and any creation of which generated by the Software may necessitate the payment of licensing royalties or other amounts to third parties who hold certain intellectual property rights except for your own private, personal and non-commercial use. Unless otherwise noted specifically herein, Pegasys expressly has no responsibility for any royalties or other amounts or any claims on account of third party intellectual property rights involved in Customerfs such use, creation or distribution.
ADDITINAL INFORMATION MAY BE OBTAINED FROM:
(a)MPEG-2 License
MPEG LA,LLC. http://www.mpegla.com/
(b)MPEG-4 AVC(H.264) License
MPEG LA,LLC. http://www.mpegla.com/
(c)AAC License
Via Licensing Corporation http://www.vialicensing.com/
(d)MP3 License
Thomson http://mp3licensing.com/
(e)DivX License
DivX, LLC http://www.divx.com/
2. Online Validation
Use of the Software is subject to successful completion of a license verification process using the Internet (the "Online Validation") performed during the first launch of the Software following installation.
A. You shall provide the hardware and software environment necessary for Online Validation to take place. Changes to your computer's hardware and/or operating system following installation of the Software may result in the need to redo the Online Validation.
B. The purpose of the Online Validation process is to verify you possess an authorized license. After the Online Validation process you may use the Software in accordance with the terms and conditions of this Agreement.
C. Any attempt by you, or others using the Software, to (i) access the Online Validation server for any purpose other than obtaining a license key through the standard processes; and/or (ii) intercept, decrypt or alter content transmitted using the Software, may result in immediate termination of this Agreement. Pegasys also may immediately terminate this Agreement in the event of unauthorized or illegal use of the license key.
3. Proprietary Material
A. The foregoing license gives you limited license to use the Software, license keys and documentation. All copyrights, patents, trademarks, know-how and any other intellectual property relating to the Software, copies thereof, support services (if any), license keys and documentation belong exclusively to Pegasys and its suppliers. Pegasys and its suppliers have granted the right to grant the licenses to you in this Agreement. Customer shall not alter or remove any copyright, trademark or other proprietary notice in the Software, license keys or documentation. All rights not specifically granted in this Agreement are reserved by Pegasys and its suppliers.
4. Support Services
A. Pegasys will use commercially reasonable efforts to provide authorized Customer with Software maintenance and minor updates and support in accordance with its standard practices via email and English language only (as amended from time to time, "Support Services"). Pegasys shall have no obligation to support any version other than the then current version. Customer agrees that Pegasys does not guarantee for any Support Services resulting from (a) problems, errors or inquiries relating to any hardware, system, service or other software or (b) use of any unsupported version of the Software.
B. Pegasys will provide you the Support Services one year from (a) your Software's original purchase date or (b) the date the Software is discontinued, whichever comes later.
C. Pegasys does not have responsibility to provide any Support Services for free of charge (if any) or trial version of the Software.
5. Disclaimer
A. You expressly acknowledge and agree that the use of the Software, support services, license keys and documentation is at your sole risk. The Software, support services, license keys and documentation are provided "AS IS" and without warranty of any kind.
B. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PEGASYS EXPRESSLY DISCLAIMS WITH RESPECT TO THE SOFTWARE, SUPPORT SERVICES (IF ANY), LICENSE KEYS AND DOCUMENTATION ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, TITLE, OR QUIET ENJOYMENT. PEGASYS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE OR THAT THE SUPPORT SERVICES (IF ANY), LICENSE KEYS OR DOCUMENTATION WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE, LICENSE KEYS OR DOCUMENTATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE, LICENSE KEYS OR DOCUMENTATION WILL BE CORRECTED. FURTHERMORE, PEGASYS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE, SUPPORT SERVICES, LICENSE KEYS OR DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PEGASYS REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE INEFFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, CORRECTION OR REPLACEMENT. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL SAFE CONTROLS, INCLUDING, WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PEGASYS, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. PEGASYS SHALL HAVE NO RESPONSIBILITY IF THE SOFTWARE HAS BEEN ALTERED IN ANY WAY, OR FOR ANY FAILURE THAT ARISES OUT OF USE OF THE SOFTWARE.
6. Indemnity
You agree to indemnify, defend and hold Pegasys and their subsidiary and parent entities, predecessors, successors, affiliates, and assigns, and all of their respective current and former officers, directors, members, shareholders, agents, and employees from any and all action, cause of action, suit, proceeding, claim, or demand of any third party (and all resulting judgments, bona fide settlements, penalties, damages, losses, liabilities, costs, and expenses (including without limitation reasonable attorneys' fees and costs)), which arise out of or are related to (1) your inability to download, install, validate or use the Software, support services (if any), license keys or documentation; (2) your use of the Software, support services (if any), license keys or documentation.
7. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PEGASYS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SOFTWARE, SUPPORT SERVICES, LICENSE KEYS, OR DOCUMENTATION AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING APPLIES EVEN IF PEGASYS KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE ENTIRE LIABILITY OF PEGASYS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR FIVE UNITED STATES DOLLARS (US$5.00). THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THIS AGREEMENT.
The Warranty Disclaimer and Limitation of Liability set forth above are fundamental elements of the basis of this Agreement. Pegasys would not be able to provide the Software on an economic basis without such limitations. Such Warranty Disclaimer and Limitation of Liability inure to the benefit of Pegasys' licensors.
8. Duty of Confidentiality
A. You recognize and agree that all intellectual property relating to the Software, support services (if any), license keys and documentation is confidential, is protected by law, and is "Pegasys proprietary material." Customer shall take no action causing the Software, support services (if any), license keys, documentation, or any other Pegasys proprietary material to lose its character as such or to cease to qualify as Pegasys proprietary material. You shall maintain the confidentiality of all information obtained from Pegasys, such as your license key (serial number) and any other information regarding user support. You shall not sell, trade, or transfer this information to third party without prior written permission of Pegasys. If you are requested to disclose this information by a governmental entity, national organization, or any other third party, you shall give Pegasys prompt written notice of such requirement prior to such disclosure in order to allow Pegasys to obtain a protective order or the like.
B. Regarding section 8-A. the following cases are exceptions.
(a) Information which was publicly known and made generally available by Pegasys prior to the time of disclosure to you;
(b) Information which becomes publicly known and made generally available without action or inaction of you;
(c) Information which is obtained by you from a third party without a breach of such third party's obligations of confidentiality; and
(d) Information which is independently developed by you without use of or reference to Pegasys' Confidential Information.
9. Term
This Agreement is effective:
A. In the case of trial Software licensed on a demonstration basis, on the date on which the trial Software is first downloaded to Customer's computer. The demonstration license expires fourteen (14) days after the date of validation, at which time Customer must cease use of the trial Software and destroy all copies of the trial Software or purchase a license key from Pegasys, unless earlier terminated pursuant to Section 19 below.
B. In the case of Software obtained online, the date on which the Software is first downloaded to Customer's computer. The license to use the Software is perpetual, subject to the terms and conditions of this Agreement, unless terminated pursuant to Section 10 below.
C. In the case of Software obtained in a physical form (e.g. a box), the date on which Customer first installs the Software. The license to use the Software is perpetual, subject to the terms and conditions of this Agreement, unless terminated pursuant to Section 10 below.
10. Termination
A. Your rights under this Agreement will terminate immediately upon notice from Pegasys if you fail to comply with any term(s) of this Agreement.
B. This Agreement will be terminated automatically if Customer (i) enters into a license for a new version of the Software; or (ii) uninstalls the Software.
C. Customer may terminate this Agreement at any time upon notice to Pegasys.
D. Upon termination of this Agreement under any circumstances, Customer must cease use of and destroy all copies of the Software, documentation and any applicable license keys.
E. Upon termination, Customer shall not be entitled to any refund of any portion of the license fee.
F. Sections 5, 6, 7, 8, and 11 remain in force even after this Agreement expires or is terminated.
11. Controlling Law and Severability
This Agreement shall be governed by the laws of Japan, without regard to conflict of law principles. Any suit, action or proceeding relating to this Agreement shall be commenced in the Tokyo District Court, Japan. The prevailing party in any action to enforce this Agreement shall be entitled to recover its reasonable attorneys' fees and costs. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
12. Miscellaneous
A. This Agreement, and any additional terms applicable to Support Services (if any) and license keys are the entire agreement for the Software, Support Services (if any) and license keys. This Agreement supersedes any previous or contemporaneous agreement, documentation, or understandings, whether oral or written between the parties (if any) with respect to any and all version of the Software. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relating to the Software licensed hereunder shall be of no effect. Any failure or delay of Pegasys to exercise any its rights under this agreement or upon any breach of this Agreement shall not be deemed a waiver of those rights or of the breach.
B. You will comply with all applicable laws, regulations, rulings, and executive orders of any governmental authority relating to the exportation and importation of the Software, including, but not limited to, the export and destination control regulations for U.S. goods.
C. If you have any questions regarding this Agreement or the Software, please contact at http://tmpgenc.pegasys-inc.com/en/support/support.html.
D. This Agreement is written only in the English language, which language will be controlling in all respects. Versions of this Agreement in any other language are only for accommodation and are not binding upon the parties. To be effective, any communications or notices to be made or given pursuant to this Agreement must be in the English language, except as may be required under applicable law.
E. No Pegasys dealer, agent or employee is authorized to make any amendment to this Agreement. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Agreement will remain in full force and effect.
F. This Software may contain third party software which requires notices and /or additional terms and conditions. Such required third party notices and /or additional terms and conditions are presented below, and are made a part of and incorporated by reference into this Agreement. By accepting this Agreement, you are also accepting the additional terms and conditions, if any, set forth therein.
MPEG Layer-3 audio coding technology licensed from Fraunhofer IIS and Thomson
Supply of this product does not convey a license nor imply any right to distribute content created with this product in revenue-generating broadcast systems (terrestrial, satellite, cable and/or other distribution channels), streaming applications (via Internet, intranets and/or other networks), other content distribution systems (pay-audio or audio-on-demand applications and the like) or on physical media (compact discs, digital versatile discs, semiconductor chips, hard drives, memory cards and the like). An independent license for such use is required. For details, please visit http://mp3licensing.com.
THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD ("AVC VIDEO") AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE http://WWW.MPEGLA.COM
DivX, LLC (gLicensorh) LICENSE
THE FOLLOWING TERMS AND CONDITIONS (THE gEULAh) SET FORTH THE RIGHTS BEING LICENSED TO CUSTOMER (THE gCUSTOMERh) FOR USE OF THIS SOFTWARE. THESE RIGHTS ARE THE ONLY RIGHTS CUSTOMER HAVE TO THE SOFTWARE, SO IF CUSTOMER DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS EULA, DO NOT USE THE SOFTWARE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS". THERE ARE NO WARRANTIES UNDER THIS EULA, AND LICENSOR DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
ASSENT: By clicking gI Agreeh below, or by opening the file package containing the Software, CUSTOMER agree that this EULA is a legally binding and valid contract, agree to abide by all of the terms and conditions of this EULA, and further agree to take all necessary steps to ensure that the terms and conditions of this EULA are not violated by any person or entity under CUSTOMER control or in CUSTOMER service.
GRANT OF LICENSE: Licensor grants to CUSTOMER this personal, limited, non-exclusive, non-transferable, non-assignable license solely to use in a single copy of the Software on a single computer or device for use by a single concurrent user only, and solely provided that CUSTOMER adhere to all of the terms and conditions of this EULA. The Third-Party Software distributed along with the Software is distributed pursuant to the respective license grants accompanying such Third-Party Software. gSoftwareh means computer software or device firmware, together with any related documentation (including design, systems and user documentation) and other materials for use in connection with such software distributed pursuant to this EULA. gThird-Party Softwareh means Software created and licensed to CUSTOMER by a company other than DivX, LLC, which may be distributed and/or installed along with the Software distributed pursuant to this EULA. The foregoing is an express limited use license and not an assignment, sale, or other transfer of the Software or any Intellectual Property Rights (as defined below) of Licensor.
RESTRICTIONS:
(a) CUSTOMER are expressly prohibited from copying, modifying, merging, selling, leasing, redistributing, assigning, or transferring in any matter, the Software or any portion thereof.
(b) CUSTOMER may take a single copy of materials within the package or otherwise related to the Software only as required for backup purposes.
(c) CUSTOMER are expressly prohibited from reverse engineering, decompiling, translating, disassembling, deciphering, decrypting, or otherwise attempting to discover the source code of the Software as such Software contains proprietary material of Licensor. CUSTOMER may not otherwise modify, alter, adapt, port, or merge the Software.
(d) CUSTOMER may not remove, alter, deface, overprint or otherwise obscure Licensor patent, trademark, service mark or copyright notices.
(f) CUSTOMER may not publish or distribute in any form of electronic or printed communication the materials within or otherwise related to the Software, including but not limited to the object code, documentation, help files, examples, and benchmarks.
NO COMMERCIAL USE: This EULA grants CUSTOMER the right to use the Software for personal use only. Commercial use of the Software or of the work products resulting from its use is not permitted under this EULA.
NO TRANSCODING: CUSTOMER are prohibited from using the Software with software or hardware products whose purpose is to "transcode" or convert DivX video or DivX Media Format content into an alternate format.
COMPLIANCE WITH LAWS: CUSTOMER agree that in obtaining, installing, distributing, running, or otherwise making use of the Software, CUSTOMER will abide by all applicable laws, including without limitation intellectual property laws and export control laws.
OWNERSHIP OF SOFTWARE: The Licensor and/or its affiliates or subsidiaries own all rights that may exist from time to time in this or any other jurisdiction, whether foreign or domestic, under patent law, copyright law, publicity rights law, moral rights law, trade secret law, trademark law, unfair competition law or other similar protections, regardless of whether or not such rights or protections are registered or perfected (the "Intellectual Property Rights"), in the Software. ALL INTELLECTUAL PROPERTY RIGHTS IN AND TO THE SOFTWARE ARE AND SHALL REMAIN IN LICENSOR.
TRIALS: Components included in the Software may be subject to trial periods for the purposes of evaluation prior to purchase. Trial periods may begin either upon installation, upon first use of a component, or as the user elects when prompted by a product or its subcomponents. Upon expiration of a trial period, the Software may cease to function or continue to operate with reduced functionality. Duration of trial periods is as marketed by Licensor, indicated during installation, specified in the Software documentation, or displayed on the Software GUI.
PRODUCT REGISTRATION: Use of some components in the Software may be governed by product registration technology. Unregistered Software may be non-functional or subject to trials. During registration, a serial number will be issued to CUSTOMER by Licensor or its affiliates for one or more components. Upon entering a valid serial number for a component (gregisteringh the component), the registered component will be released of its trial and/or non-functional limitations. CUSTOMER agree not to disclose any serial number issued to CUSTOMER to any third-party for any reason, except for the purposes of acquiring product support from Licensor or its affiliates.
PRIVACY POLICY: During the installation process and through use of the software covered hereunder, we may collect non-personally identifiable information, as well as personally-identifiable information, all as set forth in our Privacy Policy, available at http://www.divx.com/legal/privacy.php; please read it.
NOTICES: USE OF THIS PRODUCT IN ANY MANNER THAT COMPLIES WITH THE MPEG-4 VISUAL STANDARD IS PROHIBITED, EXCEPT FOR USE BY A CONSUMER ENGAGING IN PERSONAL AND NON-COMMERCIAL ACTIVITIES. The Software contains MP3 audio coding technology and mp3 Surround audio coding technology (the gMP3 Technologyh) subject to patents licensed from Fraunhofer IIS (gFraunhoferh), Agere, and/or Thomson Licensing S.A. (gTLSh).
AFFILIATE OFFERS: During the installation process CUSTOMER may be offered software components on behalf of Licensor's affiliates. Such offers are optional and do not affect CUSTOMER use of the Software or CUSTOMER eligibility for trials and product registration. Installation and use of affiliate software is subject to the terms of use, end user license agreement and/or privacy policy set by the affiliate for their products. In addition, CUSTOMER agree not to: (a) tamper or modify the installation screen displays or display flows for such affiliate products; and (b) distribute the Software or affiliate software with any adware, third party peer-to-peer software, spyware, malware or other malicious programs or code.
TERM: This EULA is effective until terminated. CUSTOMER may terminate this EULA at any time by uninstalling the Software and destroying all copies of the Software. Upon any termination, CUSTOMER agree to uninstall the Software and return or destroy all copies of the Software, any accompanying documentation, and all other associated materials.
GOVERNING LAW: This EULA shall be governed by the laws of the State of California and by the laws of the United States, excluding their conflicts of law principles. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this License.
WARRANTIES AND DISCLAIMER:
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE LIMITATIONS AT THE TOP OF THIS EULA MAY NOT APPLY TO CUSTOMER OR MAY ONLY APPLY TO CUSTOMER IN PART. IF CALIFORNIA LAW IS NOT HELD TO APPLY TO THIS AGREEMENT FOR ANY REASON, THEN IN JURISDICTIONS WHERE WARRANTIES, GUARANTEES, REPRESENTATIONS, AND/OR CONDITIONS OF ANY TYPE MAY NOT BE DISCLAIMED, ANY SUCH WARRANTY, GUARANTEE, REPRESENTATION AND/OR CONDITIONS IS: (1) HEREBY LIMITED TO THE PERIOD OF EITHER (A) THIRTY (30) DAYS FROM THE DATE OF OPENING THE PACKAGE CONTAINING THE SOFTWAREOR (B) THE SHORTEST PERIOD ALLOWED BY LAW IN THE APPLICABLE JURISDICTION IF A THIRTY (30) DAY LIMITATION WOULD BE UNENFORCEABLE; AND (2) LICENSORfS SOLE LIABILITY FOR ANY BREACH OF ANY SUCH WARRANTY, GUARANTEE, REPRESENTATION, AND/OR CONDITION SHALL BE TO PROVIDE CUSTOMER WITH A NEW COPY OF THE SOFTWARE.
IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT LICENSOR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SOFTWARE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMER. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SEVERABILITY: In the event any provision of this EULA is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted therefore.
ENTIRE AGREEMENT: This EULA sets forth the entire understanding and agreement between CUSTOMER and Licensor, supersedes all prior agreements, whether written or oral, with respect to the Software, and may be amended only in a writing signed by both parties.
DivX, LLC
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December 5, 2007
FLAC - Free Lossless Audio CodecF Copyright (C) 2000-2009 Josh Coalson Copyright (C) 2011-2013 Xiph.Org Foundation
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
- Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
- Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
- Neither the name of the Xiph.org Foundation nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE FOUNDATION OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
xbyak - Copyright (c) 2007 MITSUNARI Shigeo. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of the copyright owner nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
vorbis ogg - Copyright (c) 1994-2004 Xiph.org Foundation
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
- Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
- Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
- Neither the name of the Xiph.org Foundation nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
WebM - Copyright (c) 2010, Google Inc. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of Google nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS gAS ISh AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Mersenne Twister - Copyright (C) 1997 - 2002, Makoto Matsumoto and Takuji Nishimura, All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. The names of its contributors may not be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
zlib - Copyright (C) 1995-2013 Jean-loup Gailly and Mark Adler
This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software.
Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required.
2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution
Pegasys Inc.
5F Yanagibashi M Bldg. 1-2-12 Yanagibashi Taito-ku Tokyo, 111-0052, Japan
This End User Agreement was released on April 1,2014
Subject to the terms and conditions of this Agreement, Pegasys grants you a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, royalty-bearing, terminable, worldwide license to install and use one copy of the Software on a single desktop or laptop computer within a single operating system.
A. This Agreement does not allow the Software to exist on more than one computer, or to be shared, installed or used on different computers or by more than one user at a time. If you have multiple licenses for the Software, you may then have as many copies of the Software as you have licenses, in use at any given time.
B. This Agreement permits you to make one copy of the Software solely for backup or archival purposes.
C. This Agreement permits you to make one copy of the documentation associated with the Software solely for backup or archival purposes. You may not publish or otherwise distribute the documentation.
D. This Agreement expressly agrees not to (and not to allow others to):
(a)reproduce, sublicense, distribute, transfer or dispose of or otherwise use or exploit any of the Software, in whole or in part, other than as expressly permitted in this Agreement;
(b)use the Software on any server operation systems or any server type systems;
(c)use and access the Software via network, OS, PC, workgroup and any hosting services from allowing more than the maximum number of authorized users concurrently;
(d)provide, lease, lend, use for timesharing or service bureau purposes or otherwise use the Software for the benefit of any third party;
(e)embed the Software into, or as a part (includes as a part of automatic processing) of any other products or systems except for your own personal use;
(f)modify, attempt to modify, translate, create derivative works of, reverse engineer, decompile, disassemble, or attempt to discover any source code or underlying ideas or algorithms of the object code of any portion of the Software (except and only to the extent that applicable statutory laws prohibit certain reverse engineering and similar restrictions).
E. Limitation Third Party Royalties Paid. Customer acknowledges that the Software, including but not limited to video, audio, file, stream and any creation of which generated by the Software may necessitate the payment of licensing royalties or other amounts to third parties who hold certain intellectual property rights except for your own private, personal and non-commercial use. Unless otherwise noted specifically herein, Pegasys expressly has no responsibility for any royalties or other amounts or any claims on account of third party intellectual property rights involved in Customerfs such use, creation or distribution.
ADDITINAL INFORMATION MAY BE OBTAINED FROM:
(a)MPEG-2 License
MPEG LA,LLC. http://www.mpegla.com/
(b)MPEG-4 AVC(H.264) License
MPEG LA,LLC. http://www.mpegla.com/
(c)AAC License
Via Licensing Corporation http://www.vialicensing.com/
(d)MP3 License
Thomson http://mp3licensing.com/
(e)DivX License
DivX, LLC http://www.divx.com/
2. Online Validation
Use of the Software is subject to successful completion of a license verification process using the Internet (the "Online Validation") performed during the first launch of the Software following installation.
A. You shall provide the hardware and software environment necessary for Online Validation to take place. Changes to your computer's hardware and/or operating system following installation of the Software may result in the need to redo the Online Validation.
B. The purpose of the Online Validation process is to verify you possess an authorized license. After the Online Validation process you may use the Software in accordance with the terms and conditions of this Agreement.C. Any attempt by you, or others using the Software, to (i) access the Online Validation server for any purpose other than obtaining a license key through the standard processes; and/or (ii) intercept, decrypt or alter content transmitted using the Software, may result in immediate termination of this Agreement. Pegasys also may immediately terminate this Agreement in the event of unauthorized or illegal use of the license key.
3. Proprietary Material
A. The foregoing license gives you limited license to use the Software, license keys and documentation. All copyrights, patents, trademarks, know-how and any other intellectual property relating to the Software, copies thereof, support services (if any), license keys and documentation belong exclusively to Pegasys and its suppliers. Pegasys and its suppliers have granted the right to grant the licenses to you in this Agreement. Customer shall not alter or remove any copyright, trademark or other proprietary notice in the Software, license keys or documentation. All rights not specifically granted in this Agreement are reserved by Pegasys and its suppliers.
4. Support Services
A. Pegasys will use commercially reasonable efforts to provide authorized Customer with Software maintenance and minor updates and support in accordance with its standard practices via email and English language only (as amended from time to time, "Support Services"). Pegasys shall have no obligation to support any version other than the then current version. Customer agrees that Pegasys does not guarantee for any Support Services resulting from (a) problems, errors or inquiries relating to any hardware, system, service or other software or (b) use of any unsupported version of the Software.
B. Pegasys will provide you the Support Services one year from (a) your Software's original purchase date or (b) the date the Software is discontinued, whichever comes later.
C. Pegasys does not have responsibility to provide any Support Services for free of charge (if any) or trial version of the Software.
5. Disclaimer
A. You expressly acknowledge and agree that the use of the Software, support services, license keys and documentation is at your sole risk. The Software, support services, license keys and documentation are provided "AS IS" and without warranty of any kind.
B. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PEGASYS EXPRESSLY DISCLAIMS WITH RESPECT TO THE SOFTWARE, SUPPORT SERVICES (IF ANY), LICENSE KEYS AND DOCUMENTATION ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, TITLE, OR QUIET ENJOYMENT. PEGASYS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE OR THAT THE SUPPORT SERVICES (IF ANY), LICENSE KEYS OR DOCUMENTATION WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE, LICENSE KEYS OR DOCUMENTATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE, LICENSE KEYS OR DOCUMENTATION WILL BE CORRECTED. FURTHERMORE, PEGASYS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE, SUPPORT SERVICES, LICENSE KEYS OR DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PEGASYS REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE INEFFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, CORRECTION OR REPLACEMENT. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL SAFE CONTROLS, INCLUDING, WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PEGASYS, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. PEGASYS SHALL HAVE NO RESPONSIBILITY IF THE SOFTWARE HAS BEEN ALTERED IN ANY WAY, OR FOR ANY FAILURE THAT ARISES OUT OF USE OF THE SOFTWARE.
6. Indemnity
You agree to indemnify, defend and hold Pegasys and their subsidiary and parent entities, predecessors, successors, affiliates, and assigns, and all of their respective current and former officers, directors, members, shareholders, agents, and employees from any and all action, cause of action, suit, proceeding, claim, or demand of any third party (and all resulting judgments, bona fide settlements, penalties, damages, losses, liabilities, costs, and expenses (including without limitation reasonable attorneys' fees and costs)), which arise out of or are related to (1) your inability to download, install, validate or use the Software, support services (if any), license keys or documentation; (2) your use of the Software, support services (if any), license keys or documentation.
7. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PEGASYS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SOFTWARE, SUPPORT SERVICES, LICENSE KEYS, OR DOCUMENTATION AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING APPLIES EVEN IF PEGASYS KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE ENTIRE LIABILITY OF PEGASYS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR FIVE UNITED STATES DOLLARS (US$5.00). THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THIS AGREEMENT.
The Warranty Disclaimer and Limitation of Liability set forth above are fundamental elements of the basis of this Agreement. Pegasys would not be able to provide the Software on an economic basis without such limitations. Such Warranty Disclaimer and Limitation of Liability inure to the benefit of Pegasys' licensors.
8. Duty of Confidentiality
A. You recognize and agree that all intellectual property relating to the Software, support services (if any), license keys and documentation is confidential, is protected by law, and is "Pegasys proprietary material." Customer shall take no action causing the Software, support services (if any), license keys, documentation, or any other Pegasys proprietary material to lose its character as such or to cease to qualify as Pegasys proprietary material. You shall maintain the confidentiality of all information obtained from Pegasys, such as your license key (serial number) and any other information regarding user support. You shall not sell, trade, or transfer this information to third party without prior written permission of Pegasys. If you are requested to disclose this information by a governmental entity, national organization, or any other third party, you shall give Pegasys prompt written notice of such requirement prior to such disclosure in order to allow Pegasys to obtain a protective order or the like.
B. Regarding section 8-A. the following cases are exceptions.
(a) Information which was publicly known and made generally available by Pegasys prior to the time of disclosure to you;
(b) Information which becomes publicly known and made generally available without action or inaction of you;
(c) Information which is obtained by you from a third party without a breach of such third party's obligations of confidentiality; and
(d) Information which is independently developed by you without use of or reference to Pegasys' Confidential Information.
9. Term
This Agreement is effective:
A. In the case of trial Software licensed on a demonstration basis, on the date on which the trial Software is first downloaded to Customer's computer. The demonstration license expires fourteen (14) days after the date of validation, at which time Customer must cease use of the trial Software and destroy all copies of the trial Software or purchase a license key from Pegasys, unless earlier terminated pursuant to Section 19 below.
B. In the case of Software obtained online, the date on which the Software is first downloaded to Customer's computer. The license to use the Software is perpetual, subject to the terms and conditions of this Agreement, unless terminated pursuant to Section 10 below.
C. In the case of Software obtained in a physical form (e.g. a box), the date on which Customer first installs the Software. The license to use the Software is perpetual, subject to the terms and conditions of this Agreement, unless terminated pursuant to Section 10 below.
10. Termination
A. Your rights under this Agreement will terminate immediately upon notice from Pegasys if you fail to comply with any term(s) of this Agreement.
B. This Agreement will be terminated automatically if Customer (i) enters into a license for a new version of the Software; or (ii) uninstalls the Software.
C. Customer may terminate this Agreement at any time upon notice to Pegasys.
D. Upon termination of this Agreement under any circumstances, Customer must cease use of and destroy all copies of the Software, documentation and any applicable license keys.
E. Upon termination, Customer shall not be entitled to any refund of any portion of the license fee.
F. Sections 5, 6, 7, 8, and 11 remain in force even after this Agreement expires or is terminated.
11. Controlling Law and Severability
This Agreement shall be governed by the laws of Japan, without regard to conflict of law principles. Any suit, action or proceeding relating to this Agreement shall be commenced in the Tokyo District Court, Japan. The prevailing party in any action to enforce this Agreement shall be entitled to recover its reasonable attorneys' fees and costs. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
12. Miscellaneous
A. This Agreement, and any additional terms applicable to Support Services (if any) and license keys are the entire agreement for the Software, Support Services (if any) and license keys. This Agreement supersedes any previous or contemporaneous agreement, documentation, or understandings, whether oral or written between the parties (if any) with respect to any and all version of the Software. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relating to the Software licensed hereunder shall be of no effect. Any failure or delay of Pegasys to exercise any its rights under this agreement or upon any breach of this Agreement shall not be deemed a waiver of those rights or of the breach.
B. You will comply with all applicable laws, regulations, rulings, and executive orders of any governmental authority relating to the exportation and importation of the Software, including, but not limited to, the export and destination control regulations for U.S. goods.
C. If you have any questions regarding this Agreement or the Software, please contact at http://tmpgenc.pegasys-inc.com/en/support/support.html.
D. This Agreement is written only in the English language, which language will be controlling in all respects. Versions of this Agreement in any other language are only for accommodation and are not binding upon the parties. To be effective, any communications or notices to be made or given pursuant to this Agreement must be in the English language, except as may be required under applicable law.
E. No Pegasys dealer, agent or employee is authorized to make any amendment to this Agreement. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Agreement will remain in full force and effect.
F. This Software may contain third party software which requires notices and /or additional terms and conditions. Such required third party notices and /or additional terms and conditions are presented below, and are made a part of and incorporated by reference into this Agreement. By accepting this Agreement, you are also accepting the additional terms and conditions, if any, set forth therein.
MPEG Layer-3 audio coding technology licensed from Fraunhofer IIS and Thomson
Supply of this product does not convey a license nor imply any right to distribute content created with this product in revenue-generating broadcast systems (terrestrial, satellite, cable and/or other distribution channels), streaming applications (via Internet, intranets and/or other networks), other content distribution systems (pay-audio or audio-on-demand applications and the like) or on physical media (compact discs, digital versatile discs, semiconductor chips, hard drives, memory cards and the like). An independent license for such use is required. For details, please visit http://mp3licensing.com.
THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD ("AVC VIDEO") AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE http://WWW.MPEGLA.COM
DivX, LLC (gLicensorh) LICENSE
THE FOLLOWING TERMS AND CONDITIONS (THE gEULAh) SET FORTH THE RIGHTS BEING LICENSED TO CUSTOMER (THE gCUSTOMERh) FOR USE OF THIS SOFTWARE. THESE RIGHTS ARE THE ONLY RIGHTS CUSTOMER HAVE TO THE SOFTWARE, SO IF CUSTOMER DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS EULA, DO NOT USE THE SOFTWARE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS". THERE ARE NO WARRANTIES UNDER THIS EULA, AND LICENSOR DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
ASSENT: By clicking gI Agreeh below, or by opening the file package containing the Software, CUSTOMER agree that this EULA is a legally binding and valid contract, agree to abide by all of the terms and conditions of this EULA, and further agree to take all necessary steps to ensure that the terms and conditions of this EULA are not violated by any person or entity under CUSTOMER control or in CUSTOMER service.
GRANT OF LICENSE: Licensor grants to CUSTOMER this personal, limited, non-exclusive, non-transferable, non-assignable license solely to use in a single copy of the Software on a single computer or device for use by a single concurrent user only, and solely provided that CUSTOMER adhere to all of the terms and conditions of this EULA. The Third-Party Software distributed along with the Software is distributed pursuant to the respective license grants accompanying such Third-Party Software. gSoftwareh means computer software or device firmware, together with any related documentation (including design, systems and user documentation) and other materials for use in connection with such software distributed pursuant to this EULA. gThird-Party Softwareh means Software created and licensed to CUSTOMER by a company other than DivX, LLC, which may be distributed and/or installed along with the Software distributed pursuant to this EULA. The foregoing is an express limited use license and not an assignment, sale, or other transfer of the Software or any Intellectual Property Rights (as defined below) of Licensor.
RESTRICTIONS:
(a) CUSTOMER are expressly prohibited from copying, modifying, merging, selling, leasing, redistributing, assigning, or transferring in any matter, the Software or any portion thereof.
(b) CUSTOMER may take a single copy of materials within the package or otherwise related to the Software only as required for backup purposes.
(c) CUSTOMER are expressly prohibited from reverse engineering, decompiling, translating, disassembling, deciphering, decrypting, or otherwise attempting to discover the source code of the Software as such Software contains proprietary material of Licensor. CUSTOMER may not otherwise modify, alter, adapt, port, or merge the Software.
(d) CUSTOMER may not remove, alter, deface, overprint or otherwise obscure Licensor patent, trademark, service mark or copyright notices.
(f) CUSTOMER may not publish or distribute in any form of electronic or printed communication the materials within or otherwise related to the Software, including but not limited to the object code, documentation, help files, examples, and benchmarks.
NO COMMERCIAL USE: This EULA grants CUSTOMER the right to use the Software for personal use only. Commercial use of the Software or of the work products resulting from its use is not permitted under this EULA.
NO TRANSCODING: CUSTOMER are prohibited from using the Software with software or hardware products whose purpose is to "transcode" or convert DivX video or DivX Media Format content into an alternate format.
COMPLIANCE WITH LAWS: CUSTOMER agree that in obtaining, installing, distributing, running, or otherwise making use of the Software, CUSTOMER will abide by all applicable laws, including without limitation intellectual property laws and export control laws.
OWNERSHIP OF SOFTWARE: The Licensor and/or its affiliates or subsidiaries own all rights that may exist from time to time in this or any other jurisdiction, whether foreign or domestic, under patent law, copyright law, publicity rights law, moral rights law, trade secret law, trademark law, unfair competition law or other similar protections, regardless of whether or not such rights or protections are registered or perfected (the "Intellectual Property Rights"), in the Software. ALL INTELLECTUAL PROPERTY RIGHTS IN AND TO THE SOFTWARE ARE AND SHALL REMAIN IN LICENSOR.
TRIALS: Components included in the Software may be subject to trial periods for the purposes of evaluation prior to purchase. Trial periods may begin either upon installation, upon first use of a component, or as the user elects when prompted by a product or its subcomponents. Upon expiration of a trial period, the Software may cease to function or continue to operate with reduced functionality. Duration of trial periods is as marketed by Licensor, indicated during installation, specified in the Software documentation, or displayed on the Software GUI.
PRODUCT REGISTRATION: Use of some components in the Software may be governed by product registration technology. Unregistered Software may be non-functional or subject to trials. During registration, a serial number will be issued to CUSTOMER by Licensor or its affiliates for one or more components. Upon entering a valid serial number for a component (gregisteringh the component), the registered component will be released of its trial and/or non-functional limitations. CUSTOMER agree not to disclose any serial number issued to CUSTOMER to any third-party for any reason, except for the purposes of acquiring product support from Licensor or its affiliates.
PRIVACY POLICY: During the installation process and through use of the software covered hereunder, we may collect non-personally identifiable information, as well as personally-identifiable information, all as set forth in our Privacy Policy, available at http://www.divx.com/legal/privacy.php; please read it.
NOTICES: USE OF THIS PRODUCT IN ANY MANNER THAT COMPLIES WITH THE MPEG-4 VISUAL STANDARD IS PROHIBITED, EXCEPT FOR USE BY A CONSUMER ENGAGING IN PERSONAL AND NON-COMMERCIAL ACTIVITIES. The Software contains MP3 audio coding technology and mp3 Surround audio coding technology (the gMP3 Technologyh) subject to patents licensed from Fraunhofer IIS (gFraunhoferh), Agere, and/or Thomson Licensing S.A. (gTLSh).
AFFILIATE OFFERS: During the installation process CUSTOMER may be offered software components on behalf of Licensor's affiliates. Such offers are optional and do not affect CUSTOMER use of the Software or CUSTOMER eligibility for trials and product registration. Installation and use of affiliate software is subject to the terms of use, end user license agreement and/or privacy policy set by the affiliate for their products. In addition, CUSTOMER agree not to: (a) tamper or modify the installation screen displays or display flows for such affiliate products; and (b) distribute the Software or affiliate software with any adware, third party peer-to-peer software, spyware, malware or other malicious programs or code.
TERM: This EULA is effective until terminated. CUSTOMER may terminate this EULA at any time by uninstalling the Software and destroying all copies of the Software. Upon any termination, CUSTOMER agree to uninstall the Software and return or destroy all copies of the Software, any accompanying documentation, and all other associated materials.
GOVERNING LAW: This EULA shall be governed by the laws of the State of California and by the laws of the United States, excluding their conflicts of law principles. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this License.
WARRANTIES AND DISCLAIMER:
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE LIMITATIONS AT THE TOP OF THIS EULA MAY NOT APPLY TO CUSTOMER OR MAY ONLY APPLY TO CUSTOMER IN PART. IF CALIFORNIA LAW IS NOT HELD TO APPLY TO THIS AGREEMENT FOR ANY REASON, THEN IN JURISDICTIONS WHERE WARRANTIES, GUARANTEES, REPRESENTATIONS, AND/OR CONDITIONS OF ANY TYPE MAY NOT BE DISCLAIMED, ANY SUCH WARRANTY, GUARANTEE, REPRESENTATION AND/OR CONDITIONS IS: (1) HEREBY LIMITED TO THE PERIOD OF EITHER (A) THIRTY (30) DAYS FROM THE DATE OF OPENING THE PACKAGE CONTAINING THE SOFTWAREOR (B) THE SHORTEST PERIOD ALLOWED BY LAW IN THE APPLICABLE JURISDICTION IF A THIRTY (30) DAY LIMITATION WOULD BE UNENFORCEABLE; AND (2) LICENSORfS SOLE LIABILITY FOR ANY BREACH OF ANY SUCH WARRANTY, GUARANTEE, REPRESENTATION, AND/OR CONDITION SHALL BE TO PROVIDE CUSTOMER WITH A NEW COPY OF THE SOFTWARE.
IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT LICENSOR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SOFTWARE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMER. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SEVERABILITY: In the event any provision of this EULA is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted therefore.
ENTIRE AGREEMENT: This EULA sets forth the entire understanding and agreement between CUSTOMER and Licensor, supersedes all prior agreements, whether written or oral, with respect to the Software, and may be amended only in a writing signed by both parties.
DivX, LLC
4780 Eastgate Mall
San Diego, California 92121
December 5, 2007
FLAC - Free Lossless Audio CodecF Copyright (C) 2000-2009 Josh Coalson Copyright (C) 2011-2013 Xiph.Org Foundation
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
- Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
- Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
- Neither the name of the Xiph.org Foundation nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE FOUNDATION OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
xbyak - Copyright (c) 2007 MITSUNARI Shigeo. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of the copyright owner nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
vorbis ogg - Copyright (c) 1994-2004 Xiph.org Foundation
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
- Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
- Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
- Neither the name of the Xiph.org Foundation nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
WebM - Copyright (c) 2010, Google Inc. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of Google nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS gAS ISh AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Mersenne Twister - Copyright (C) 1997 - 2002, Makoto Matsumoto and Takuji Nishimura, All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. The names of its contributors may not be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
zlib - Copyright (C) 1995-2013 Jean-loup Gailly and Mark Adler
This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software.
Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required.
2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution
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This End User Agreement was released on April 1,2014
WENN SIE AUF "ZUSTIMMEN" KLICKEN, STIMMEN SIE ZU, AN DIE BEDINGUNGEN DIESER LIZENZ GEBUNDEN ZU SEIN. WENN SIE MIT DEN BEDINGUNGEN DIESER LIZENZ NICHT EINVERSTANDEN SIND, KLICKEN SIE AUF "ABLEHNEN".