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TMPGEnc Status Messenger - End User License Agreement
Before you download TMPGEnc Status Messenger,
you must read the following Software End User License Agreement carefully and accept all the terms and conditions set out before you are entitled to download, install and use the Software. If you do not accept the terms and conditions, you should exit this page and not download, install or use the Software.
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 Status Messenger ("Software"), you are accepting all terms and conditions described in this document. If you do not agree to the terms and conditions, you should exit this page and not download, install or use the Software.
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 permits you to make one copy of the Software solely for backup or archival purposes.
B. 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)distribute, transfer or dispose of any creation by the Software onto public or distributed network or unauthorized users.
(e) provide, lease, lend, use for timesharing or service bureau purposes or otherwise use the Software for the benefit of any third party;
(f)use the Software to reproduce any materials including but limited to video, audio, file, stream other than you are authorized or legally permitted to reproduce;
(g)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;
(h)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).
(i)use and/or access the notification and communication functions in the Software from a non-Pegasys Products or other measures.
2. Proprietary Material
A. The foregoing license gives you limited license to use the Software and documentation. All copyrights, patents, trademarks, know-how and any other intellectual property relating to the Software, copies thereof, 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. All rights not specifically granted in this Agreement are reserved by Pegasys and its suppliers.
3.Support Services
Pegasys does not have any responsibility to provide any Support Services for free of charge (if any) or trial version of the Software. Information regarding the use of the Software may be available from the bulletin board system at the TMPGEnc website or other places.
4. Disclaimer
A. You expressly acknowledge and agree that the use of the Software and documentation is at your sole risk. The Software 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 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 DOCUMENTATION WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE OR DOCUMENTATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE,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 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.
5. 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 or documentation; (2) your use of the Software or documentation.
6. 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 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.
7. Duty of Confidentiality
A. You recognize and agree that all intellectual property relating to the Software and documentation is confidential, is protected by law, and is "Pegasys proprietary material." Customer shall take no action causing the Software, 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. 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 7-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.
8. Term
This agreement comes into effect at the date on which the Software is first installed, accessed or used on Your computer, unless terminated pursuant to Section 9 below.
9. Termination
A. Your rights under this Agreement will terminate immediately without notice from Pegasys if you fail to comply with any term(s) of this Agreement.
B. Pegasys reserves the right to terminate this Agreement if a new version of the Software is released which is incompatible with the Software.
C. Customer may terminate this Agreement at any time without notice to Pegasys.
D. Upon termination of this Agreement under any circumstances, Customer shall cease all use of the Software and destroy all copies of the Software and documentation.
E. Sections 4, 5, 6, 7, and 10 remain in force even after this Agreement expires or is terminated.
10. 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.
11. Miscellaneous
A. This Agreement, and any additional terms are the entire agreement for the Software,. 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 https://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.
Pegasys Inc.
5F Grace Ryogoku Bld, 3-21-1 Ryogoku Sumida-ku Tokyo 130-0026, Japan
This End User Agreement was released on February 2013.
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 permits you to make one copy of the Software solely for backup or archival purposes.
B. 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)distribute, transfer or dispose of any creation by the Software onto public or distributed network or unauthorized users.
(e) provide, lease, lend, use for timesharing or service bureau purposes or otherwise use the Software for the benefit of any third party;
(f)use the Software to reproduce any materials including but limited to video, audio, file, stream other than you are authorized or legally permitted to reproduce;
(g)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;
(h)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).
(i)use and/or access the notification and communication functions in the Software from a non-Pegasys Products or other measures.
2. Proprietary Material
A. The foregoing license gives you limited license to use the Software and documentation. All copyrights, patents, trademarks, know-how and any other intellectual property relating to the Software, copies thereof, 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. All rights not specifically granted in this Agreement are reserved by Pegasys and its suppliers.
3.Support Services
Pegasys does not have any responsibility to provide any Support Services for free of charge (if any) or trial version of the Software. Information regarding the use of the Software may be available from the bulletin board system at the TMPGEnc website or other places.
4. Disclaimer
A. You expressly acknowledge and agree that the use of the Software and documentation is at your sole risk. The Software 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 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 DOCUMENTATION WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE OR DOCUMENTATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE,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 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.
5. 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 or documentation; (2) your use of the Software or documentation.
6. 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 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.
7. Duty of Confidentiality
A. You recognize and agree that all intellectual property relating to the Software and documentation is confidential, is protected by law, and is "Pegasys proprietary material." Customer shall take no action causing the Software, 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. 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 7-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.
8. Term
This agreement comes into effect at the date on which the Software is first installed, accessed or used on Your computer, unless terminated pursuant to Section 9 below.
9. Termination
A. Your rights under this Agreement will terminate immediately without notice from Pegasys if you fail to comply with any term(s) of this Agreement.
B. Pegasys reserves the right to terminate this Agreement if a new version of the Software is released which is incompatible with the Software.
C. Customer may terminate this Agreement at any time without notice to Pegasys.
D. Upon termination of this Agreement under any circumstances, Customer shall cease all use of the Software and destroy all copies of the Software and documentation.
E. Sections 4, 5, 6, 7, and 10 remain in force even after this Agreement expires or is terminated.
10. 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.
11. Miscellaneous
A. This Agreement, and any additional terms are the entire agreement for the Software,. 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 https://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.
Pegasys Inc.
5F Grace Ryogoku Bld, 3-21-1 Ryogoku Sumida-ku Tokyo 130-0026, Japan
This End User Agreement was released on February 2013.
By clicking the "Agree" button, you shall be deemed to have agreed to all terms and conditions described in the Software End User License Agreement.