End user agreement for Magic FLAC to MP3 Converter
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE INSTALLING THE SOFTWARE. BY CLICKING "YES," YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, CLICK "NO", DO NOT INSTALL OR USE THE SOFTWARE AND PROMPTLY DESTROY THE SOFTWARE AND RELATED DOCUMENTATION AND ALL COPIES THEREOF.
(a) "Author" means MagicVideo software.
(b) "Software" means software from MagicVideo software including installer, application itself, any related documentation, multimedia content (such as animation, sound and graphics), all related updates, and all included files supplied by MagicVideo software, whether on disk, in read only memory, or on any other media.
(c) "End-User Product" means the output file generated by you, if any, using the Software from MagicVideo software.
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold, to you by the Author. The License gives you limited rights to use the Software. You do not become the owner of, Author and/or Autor's licensor(s) retain title to the Software, and all copies thereof. All rights not specifically granted in this License, including International Copyrights, are reserved by the Author. The Software in this package and any copies which this License authorizes you to make are subject to this License.
This License allows you to:
(a) Use the Software on a single computer.
(b) Make one copy of the Software in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends found on the original.
(c) Notwithstanding any other terms in this License, if the Software is licensed as an upgrade or update, then you may only use the Software to replace previously validly licensed versions of the same software. You agree that the upgrade or update does not constitute the granting of a second license to the Software (i.e., you may not use the upgrade or update in addition to the software it is replacing, nor may you transfer the software which is being replaced to a third party).
(d) Make copies of the End-User Product and distribute those copies for use by others.
(e) Certain rights are not granted under this License, but may be available under a separate agreement. If you would like to enter into a Site or World-wide License, please contact Author.
3. Permitted Uses and Restrictions
This License does not allow the Software to exist on more than one computer at a time. You may make one copy of the Software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. Except as expressly permitted in this License, you may not decompile, reverse engineer, disassemble, modify, adapt, translate, or otherwise reduce the Software to a human-perceivable form. Except as expressly permitted in this License, you may not resale for profit, rent, lease, loan, sublicense, distribute, or create derivative works based upon the Software in whole or part or transmit the Software over a network or from one computer to another.
This License is effective until terminated. You may terminate this License at any time by destroying the Software and related documentation and all copies thereof. This License will terminate thirty (30) days after receipt of the Software, unless the Software is registered with Author with appropriate compensation and registration information. Your rights under this License will terminate automatically without notice from Author if you fail to comply with any term(s) of this License. Upon termination you must destroy the Software and related documentation and all copies thereof.
This Software can be freely distributed as long as it is not modified in any way and there is no charge for it. Software may not be included in any commercial package without Author's written permission. Software may not be distributed for profit in any form, including, but not limited to, electronic information service distribution, bulletin board distribution, user groups, online services, redistribution companies, and magnetic or optical medium distribution, unless explicitly stated in writing and signed by the Author. Non-profit distribution of the Software is permissible without prior written notice, providing that the Software is not modified in any way, and the complete works of the Software are included in the distribution package.
6. Disclaimer of Warranty on Software
You expressly acknowledge and agree that use of the Software is at your sole risk. The Software and related documentation is provided "AS IS" and without warranty of any kind and Author and Author's Licensor(s) (for the purposes of provisions 7 and 8, Author and Author's Licensor(s) shall be collectively referred to as "Author") EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AUTHOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, AUTHOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AUTHOR OR AN AUTHORIZED REPRESENTATIVE OF THE AUTHOR SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOTAUTHOR OR AN AUTHORIZED REPRESENTATIVE OF THE AUTHOR) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7. Limitation of Liability
UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL AUTHOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF AUTHOR OR AN AUTHORIZED REPRESENTATIVE OF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall Author's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the Software.
8. Controlling Law and Severability
If there is a local subsidiary of the Author in the country in which the Software License was obtained, then the local law in which the subsidiary sits shall govern this License. Otherwise, this License shall be governed by the laws of the United States. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
9. Complete Agreement
This License constitutes the entire agreement between the parties with respect to the use of the Software and related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of the Author.
10. Contact Information
Any questions, comments, etc. may be sent to: