End user agreement for Advanced Encode Decode Tools
END-USER LICENSE AGREEMENT
This End-User License Agreement ("EULA") is a legal agreement between you, either an individual or a single entity ("Customer" or "you"), and MediaTwins s.r.o. By installing, copying, or otherwise using the above software product, including computer software, associated media, any printed materials, and any "online" or electronic documentation (the "Software"), you agree to be bound by the terms of this EULA.
1. GRANT OF LICENSE
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. Any rights not explicitly granted under this EULA are hereby reserved. Provided you have paid all applicable fees and registered the Software with MediaTwins s.r.o., the EULA grants you the following personal, non-exclusive, non-transferable rights:
(a) You may use the Software on any single computer; use the Software on a network, provided that each person accessing the Software through the network must have a copy licensed to that person; use the Software on a second computer so long as only one copy is used at a time; or copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices.
(b) You may not decompile, disassemble, extract or otherwise reverse engineer any of the Software. You shall not have the right to obtain or use any source code for the Software, nor copy, reproduce, or distribute the Software except as provided above. You agree not to rent or lease the Software, nor use the Software to render time sharing or service bureau services. You may not use the Software in a software production "foundry" environment to make third party software ready for manufacture or installation, except for your internal use.
2. WARRANTY, REMEDY AND LIMITATIONS
(a) MediaTwins s.r.o. warrants only that the Software will perform in substantial accordance with the accompanying user manual for thirty (30) days following your receipt of the Software.
(b) Some states do not allow certain warranty limitations, so the restrictions of this Section 2 will apply only to the full extent permitted by applicable law.
(c) EXCEPT AS PROVIDED ABOVE, THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Customer assumes all risks as to selection, quality, installation, results and performance. MediaTwins s.r.o. does not warrant that the Software will meet Customer's requirements or that the operation of the Software will be uninterrupted or error free.
(d) NEITHER MediaTwins s.r.o. NOR ANY OF ITS SUPPLIERS SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION OR DELAY, OR LOSS OR INABILITY TO USE DATA), EVEN IF MediaTwins s.r.o. OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL MediaTwins s.r.o.'S LIABILITY UNDER THIS AGREEMENT EXCEED THE SUM OF ANY AMOUNTS PAID HEREUNDER BY CUSTOMER TO MediaTwins s.r.o.
(e) You acknowledge and agree that in order to protect the integrity of certain third party content, Company or its licensors may provide for the Software security related updates that will be automatically downloaded and installed on your computer. Such security related updates may impair the Software (and any other software on your computer which specifically depends on the Software) including disabling your ability to copy and/or play "secure" content, i.e. content protected by digital rights management. In such an event, Company and/or its licensors shall use reasonable efforts to promptly post notices on Company web site explaining the security update and providing instructions to end-users for obtaining new versions or further updates of the Software that restore access to secure content and related features
The license will terminate automatically if Customer fails to comply with the terms, conditions or limitations contained in this EULA, including the payment of applicable license or other fees. On termination, Customer shall, at MediaTwins s.r.o.'s option, either return to MediaTwins s.r.o. or destroy all copies of the Software, including documentation. Otherwise, this EULA shall remain in force until terminated. Customer may terminate this EULA at any time (with no obligation on the part of MediaTwins s.r.o.) by destroying all copies of the Software and providing notice there of to MediaTwins s.r.o.. The disclaimer of warranty and limitations on liability contained in Section 3 and shall continue in force even after your rights to use the Software are terminated.
If the Software is designated by MediaTwins s.r.o. as an "Upgrade" product, then you may only use the Software if you are also currently a licensed user of the base product to which the Upgrade applies. Unless the MediaTwins s.r.o. documentation for an Upgrade specifically provides, you may not separate upgrade products from base products, nor transfer them separately. MediaTwins s.r.o. reserves the sole and exclusive right to set its policies and prices regarding updates, upgrades and enhancements. All other terms of this EULA apply with equal force to Upgrades.
5. DEMO/TRIAL/SHAREWARE VERSIONS
If MediaTwins s.r.o. designates the Software as a "Demo/Trial/Shareware" version, then Customer's license rights under this EULA shall extend solely for a 30 day evaluation period, during which Customer's use is restricted solely to permit Customer to determine whether to purchase an ongoing license to the Software. Customer may make a reasonable number of copies of the Demo version of this Software, including documentation, for internal distribution, provided that any such copies are unmodified and exact. Customer is specifically prohibited from charging or requesting donations for any such copies; and from distributing Demo versions of the Software to third parties without prior written permission. Unregistered use of the Software, including documentation, beyond the 30 day evaluation period violates federal copyright laws. Demo versions are provided strictly on an "as is" basis and Section 2(a) does not apply.
This EULA shall be governed by and construed under the substantive laws of the State of Michigan, United States of America, without regard to choice of law provisions. If any provision of this EULA is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby.
7. U.S. GOVERNMENT RESTRICTED RIGHTS
If Customer is acquiring the Software, including documentation on behalf of the U.S. Government, the following provisions apply.
+ The Software and Documentation are "commercial items" as defined in 48 C.F.R. 2.101 (Oct. 1995)
+ Consisting of "commercial computer software" and "commercial computer software documentation" as used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227-7202 (June 1995)
+ Use, reproduction, or disclosure by the U.S. Government is subject to the restrictions of this license and 48 C.F.R. 52.227-19(c) (June 1987), 48 C.F.R. 1852.227-86(d) or similar or successor provisions as applicable.