End user agreement for DivX Pro for Mac (incl DivX Player)
DIVX, INC. ("Licensor") LICENSE
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS (THE “EULAE BEFORE USING THIS SOFTWARE, THE USE OF WHICH IS LICENSED BY LICENSOR TO YOU, ITS CUSTOMER, FOR YOUR USE ONLY AS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THE 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.
ASSENT: By clicking "I Agree" below, or by opening the file package containing the Software, you 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 your control or in your service.
GRANT OF LICENSE: Licensor grants to you this personal, limited, non-exclusive, non-transferable, non-assignable license solely to use in a single copy of the Software on a single computer for use by a single concurrent user only, and solely provided that you adhere to all of the terms and conditions of this EULA. "Software" means computer software together with any related documentation (including design, systems and user) and other materials for use in connection with such computer 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.
(a) You are expressly prohibited from copying, modifying, merging, selling, leasing, redistributing, assigning, or transferring in any matter, the Software or any portion thereof.
(b) You may take a single copy of materials within the package or otherwise related to the Software only as required for backup purposes.
(c) You 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. You may not otherwise modify, alter, adapt, port, or merge the Software.
(d) You may not remove, alter, deface, overprint or otherwise obscure Licensor patent, trademark, service mark or copyright notices.
(e) You 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.
COMPLIANCE WITH LAWS: You agree that in obtaining, installing, distributing, running, or otherwise making use of the Software, you 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 you by Licensor or its affiliates for one or more components. Upon entering a valid serial number for a component ("registering" the component), the registered component will be released of its trial and/or non-functional limitations. You agree not to disclose any serial number issued to you to any third-party for any reason, except for the purposes of acquiring product support from Licensor or its affiliates.
VERSION CHECKING: the Software will perform version checking. During version, checking a list of potential updates will be downloaded from our servers. No personal information will be communicated to Licensor or its affiliates during this process.
BANNERS: the Software will download product banners and/or similar marketing devices from our servers and display them within the Software GUI. A message will be sent to our servers indicating that a banner or similar marketing device has been served. No personal information will be communicated to DivX, Inc. or its affiliates during this process.
SOFTWARE INSTALLATION: Components bundled with the Software may report to Licensor and/or its affiliates the installation status of certain marketing offers, such as toolbars, and also generalized installation information, such as language preference and operating system version, to assist Licensor in its product development. No personal information will be communicated to DivX, Inc. or its affiliates during this process. Licensor may in the future offer additional components (such as a toolbar) through our version checking/update system.
DIVX PLAYER INSTALLATION: During the installation of the DivX Player you may elect the option to send information about your computer system configuration to Licensor. This information is not personally identifiable and is used only to enhance the performance of the DivX Player on typical "DivX user" systems.
MAILING SUBSCRIPTIONS: Components of the Software allow you to subscribe to Licensor’s e-mail newsletter and additionally to subscribe to receive messages from our partners. If you subscribe to either of these services you will periodically receive e-mail messages from Licensor. Your email address will not be provided to any third parties.
NO COMMERCIAL USE: This EULA grants you 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: You 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.
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.
TERM: This EULA is effective until terminated. You may terminate this EULA at any time by uninstalling the Software and destroying all copies of the Software. Upon any termination, you 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:
EXCEPT TO THE EXTENT PROHIBITED AS A MATTER OF APPLICABLE LAW, OR AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN LICENSOR AND YOU, THE SOFTWARE IS PROVIDED “AS ISEWITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT (i) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF THE SOFTWARE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, AND/OR (vi) YOU MAY USE, PRACTICE, EXECUTE, OR ACCESS THE SOFTWARE WITHOUT VIOLATING THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR MAY ONLY APPLY TO YOU 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, REPRESENATION AND/OR WARRANTY 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) LICENSOR’S SOLE LIABILITY FOR ANY BREACH OF ANY SUCH WARRANTY, GUARANTEE, REPRESENTATION, AND/OR CONDITION SHALL BE TO PROVIDE YOU WITH A NEW COPY OF THE SOFTWARE.
IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE TO YOU 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 YOU. 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 you 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.
4780 Eastgate Mall
San Diego, California 92121
May 31, 2006