End user agreement for DivX 6 for Mac
DivX, INC. ("Licensor")LICENSE AGREEMENTYOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THISPRODUCT. IT CONTAINS SOFTWARE, THE USE OF WHICH IS LICENSED BY LICENSOR TO ITSCUSTOMERS FOR THEIR USE ONLY AS SET FORTH BELOW. IF YOU DO NOT AGREE TO THETERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. USING ANY PARTOF THE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS.THE PRODUCT IS PROVIDED "AS IS". THERE ARE NO WARRANTIES UNDER THIS AGREEMENT,AND LICENSOR DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FORPARTICULAR PURPOSE.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 theLicensed Works 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 thisAgreement. "Licensed Works" means computer software together with any relateddocumentation (including design, systems and user) and other materials for usein connection with such computer software in this package. The foregoing is anexpress limited use license and not an assignment, sale, or other transfer ofthe Licensed Works or any Intellectual Property Rights (as defined below) ofLicensor.ASSENT: By opening the file package containing this software, you agree thatthis Agreement is a legally binding and valid contract, agree to abide by theintellectual property laws and all of the terms and conditions of thisAgreement, and further agree to take all necessary steps to ensure that theterms and conditions of this Agreement are not violated by any person or entityunder your control or in your service.OWNERSHIP OF SOFTWARE: The Licensor and/or its affiliates or subsidiaries owncertain rights that may exist from time to time in this or any otherjurisdiction, whether foreign or domestic, under patent law, copyright law,publicity rights law, moral rights law, trade secret law, trademark law, unfaircompetition law or other similar protections, regardless of whether or not suchrights or protections are registered or perfected (the "Intellectual PropertyRights"), in the Licensed Works. ALL INTELLECTUAL PROPERTY RIGHTS IN AND TO THELICENSED WORKS ARE AND SHALL REMAIN IN LICENSOR.TRIALS: Components included in this file package may be subject to trial periodsfor the purposes of evaluation prior to purchase. Trial periods may begin eitherupon installation, upon first use of a component, or as the user elects whenprompted by a product or its subcomponents. Upon expiration of a trial period,products may cease to function or continue to operate with reducedfunctionality. Duration of trial periods is as marketed by Licensor, indicatedduring installation, specified in the product documentation, or displayed on theproduct GUI.PRODUCT REGISTRATION: Use of some components in this file package may begoverned by product registration technology. Unregistered products may benon-functional or subject to trials. During registration, a serial number willbe issued to you by Licensor or its affiliates for one or more components. Uponentering a valid serial number for a component ("registering" the component),the registered component will be released of its trial and/or non-functionallimitations. You agree not to disclose any serial number issued to you to anythird-party for any reason, except for the purposes of acquiring product supportfrom Licensor or its affiliates.SOFTWARE INSTALLATION: Components bundled with our software may report toLicensor and/or its affiliates the installation status of certain marketingoffers, such as toolbars, and also generalized installation information, such aslanguage preference and operating system version, to assist Licensor in itsproduct development. No personal information will be communicated toDivX or its affiliates during this process. Licensor may in the futureoffer additional components (such as a toolbar) through our versionchecking/update system.NO COMMERCIAL USE: This License Agreement grants you the right to use thesoftware for personal use only. Commercial use of the software or of the workproducts resulting from its use is not permitted under this License Agreement.NO TRANSCODING: You are prohibited from using this software with a software orhardware product whose purpose is to "transcode" or convert DivX video or DivXMedia Format content into an alternate format.
(a) You are expressly prohibited from copying, modifying, merging, selling,leasing, redistributing, assigning, or transferring in any matter, LicensedWorks or any portion thereof.
(b) You may take a single copy of materials within the package or otherwiserelated to Licensed Works only as required for backup purposes.
(c) You are also expressly prohibited from reverse engineering, decompiling,translating, disassembling, deciphering, decrypting, or otherwise attempting todiscover the source code of the Licensed Works as the Licensed Works containproprietary material of Licensor. You may not otherwise modify, alter, adapt,port, or merge the Licensed Works.
(d) You may not remove, alter, deface, overprint or otherwise obscure Licensorpatent, trademark, service mark or copyright notices.
(e) You agree that the Licensed Works will not be shipped, transferred orexported into any other country, or used in any manner prohibited by anygovernment agency or any export laws, restrictions or regulations.
(f) You may not publish or distribute in any form of electronic or printedcommunication the materials within or otherwise related to Licensed Works,including but not limited to the object code, documentation, help files,examples, and benchmarks.
TERM: This Agreement is effective until terminated. You may terminate thisAgreement at any time by uninstalling the Licensed Works and destroying allcopies of the Licensed Works. Upon any termination, you agree to uninstall the Licensed Works and return or destroy all copies of the Licensed Works, anyaccompanying documentation, and all other associated materials.
GOVERNING LAW: This License Agreement shall be governed by the laws of the Stateof California and by the laws of the United States, excluding their conflicts oflaw principles. The United Nations Convention on Contracts for the InternationalSale of Goods (1980) is hereby excluded in its entirety from application to this License Agreement.
WARRANTIES AND DISCLAIMER:EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN LICENSOR AND YOU, THE LICENSED WORKS ARE NOW PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIEDWARRANTIES 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 LICENSED WORKS WILL MEET YOUR REQUIREMENTS, (ii) THE USEOF THE LICENSED WORKS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LICENSED WORKS WILLBE ACCURATE OR RELIABLE, (iv) THE QUALITY OF THE LICENSED WORKS WILL MEET YOUREXPECTATIONS, (v) ANY ERRORS IN THE LICENSED WORKS WILL BE CORRECTED, AND/OR(vi) YOU MAY USE, PRACTICE, EXECUTE, OR ACCESS THE LICENSED WORKS WITHOUTVIOLATING THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS. SOME STATES ORJURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ONHOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TOYOU.
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 LICENSEDWORKS OR (B) THE SHORTEST PERIOD ALLOWED BY LAW IN THE APPLICABLE JURISDICTIONIF A THIRTY (30) DAY LIMITATION WOULD BE UNENFORCEABLE; AND
(2) LICENSOR’S SOLELIABILITY FOR ANY BREACH OF ANY SUCH WARRANTY, GUARANTEE, REPRESENTATION, AND/ORCONDITION SHALL BE TO PROVIDE YOU WITH A NEW COPY OF THE LICENSED WORKS.IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTYFOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, ORANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSSOF USE, DATA OR PROFITS, WHETHER OR NOT LICENSOR HAD BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF ORIN CONNECTION WITH THE USE OF THE LICENSED WORKS. SOME JURISDICTIONS PROHIBITTHE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTALDAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS SHALLAPPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SEVERABILITY: In the event any provision of this License Agreement is found tobe invalid, illegal or unenforceable, the validity, legality and enforceabilityof any of the remaining provisions shall not in any way be affected or impairedand a valid, legal and enforceable provision of similar intent and economicimpact shall be substituted therefor.
ENTIRE AGREEMENT: This License Agreement sets forth the entire understanding andagreement between you and Licensor, supersedes all prior agreements, whetherwritten or oral, with respect to the software, and may be amended only in awriting signed by both parties.
4780 Eastgate Mall
San Diego, California 92121
February 17, 2005