End user agreement for SolveigMM Video Editing SDK
SOLVEIG MULTIMEDIA EVALUATION AGREEMENT
This Evaluation Agreement ("EA") is a legal binding agreement between you (either an individual or a single entity) and Solveig Multimedia, a company duly incorporated under the laws of Russian Federation with its principal offices at 3 Razvitiya Ave., Tomsk, 634055, Russia ("SolveigMM") the manufacturer of the Software which this agreement is related to and any associated media, bonus Software, and online or electronic documentation ("Software").
We recommend that you fully understand what you are downloading before you download SolveigMM Video Editing SDK - here and after referred as the “Software”.
Your use of the Software, as defined below, signifies your approval and acceptance to these terms and conditions contained in this EA. If you do not agree to the terms and conditions of this EA, you are not authorized to use the Software in any way, including but not limited to downloading, installing or copying it, all for Evaluation use only.
The Software is protected by copyright law and international copyright treaties, as well as other intellectual property laws and treaties.
In case you have any questions concerning this EA or the Software and its installation, you may contact SolveigMM's support team at the address above, or by sending an E-mail to email@example.com or visiting Solveig Multimedia's website: http://www.solveigmm.com
1.1. The conditions of this EA apply to any update, upgrade or additional component added to the Software originally downloaded by you. In the case that these include a separate agreement, its conditions will be in addition to the conditions of this agreement, unless the separate agreement specifies that its conditions prevail over the original conditions, and there is no doubt that the new agreement was approved by SolveigMM.
1.2. This EA constitutes the entire agreement between you and SolveigMM with respect to evaluating the Software and it supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this agreement will be binding unless in writing and signed by an authorized representative of SolveigMM.
1.3. All intellectual property rights in the Software and related documentation, including, but not limited to trademarks, copyright and patents, remain in the hands of SolveigMM. It is hereby stated that this EA does not give you ownership over the Software, but merely permits you to evaluate the Software.
1.4. SolveigMM makes no claims that the Software is appropriate or may be downloaded from SolveigMM. Access to the Software may not be legal by certain persons or in certain countries. If you install the Software, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. SolveigMM, its suppliers and affiliates reserve their right to discontinue any Internet based services, which may be available to you in relation to the Software.
2. EVALUATION RIGHTS AND OBLIGATIONS
2.1. The Software accompanying this EA, regardless of the media on which it is distributed, is given to you, for evaluation use, by SolveigMM. SolveigMM reserves all rights and title concerning the Software, which hasn't been specifically awarded to you according to this EA.
2.2. Upon acceptance of this EA, SolveigMM authorizes you to download a single copy of the Software from SolveigMM. In case you wish to use multiple copies of the Software you must notify SolveigMM, in writing and receive its written permission, prior to such download.
2.3. Special rules may apply to the use of certain Software, which is listed in SolveigMM's web site as "Legal Notices" and are incorporated into these EA by reference.
2.4. SolveigMM's Evaluation Software may implement technology owned by VIA Licensing Corporation (“VIA Licensing”), andor that falls under the category of an “MPEG Intermediate Product” as defined in the MPEG LA, L.L.C Patent Portfolio License ("MPEG-LA"). The software that comes with this agreement is for evaluation purposes only and does not include any licensing from VIA Licensing Corporation andor MPEG-LA L.L.C. This Evaluation Agreement does not convey, transfer or imply any license or right to you to make use of VIA Licensing's technology andor MPEG-LA technology through the use of SolveigMM's Software. You acknowledge and declare that (i) THE USE OF SOLVEIGMM'S SOFTWARE IN ANY MANNER THAT COMPLIES WITH THE MPEG-2, MPEG-4, H.264 (AKA "AVC" or "MPEG-4 part 10") STANDARD IS EXPRESSLY PROHIBITED WITHOUT RECEIVING AN APPROPRIATE LICENSE UNDER APPLICABLE PATENTS IN THE MPEG LA PATENT PORTFOLIO, WHICH IS AVAILABLE FROM MPEG LA, L.L.C., 250 STEELE STREET, SUITE 300, DENVER, COLORADO 80206 (ii) THE USE OF SOLVEIGMM'S SOFTWARE IN ANY MANNER THAT COMPLIES WITH THE H.264 (AKA "AVC" or "MPEG-4 part 10") STANDARD IS EXPRESSLY PROHIBITED WITHOUT RECEIVING AN APPROPRIATE LICENSE FROM VIA LICENSING, WHICH IS AVAILABLE FROM VIA LICENSING CORPORATION, 1000 BRANNAN STREET, SUITE 200, SAN FRANCISCO, CA 94103-4813 (iii) THE USE OF SOLVEIGMM'S SOFTWARE IN ANY MANNER THAT COMPLIES WITH THE MPEG-4 AUDIO (AAC, HE-AAC, BSAC AND OTHER) STANDARD IS EXPRESSLY PROHIBITED WITHOUT RECEIVING AN APPROPRIATE LICENSE FROM VIA LICENSING, WHICH IS AVAILABLE FROM VIA LICENSING CORPORATION, 1000 BRANNAN STREET, SUITE 200, SAN FRANCISCO, CA 94103-4813 (iv) You must approach VIA Licensing andor MPEG LA directly and acquire all needed licenses for the use of VIA Licensing andor MPEG-LA technology andor take all appropriate measurements to comply with Via Licensing andor MPEG LA licensing requirements.
2.5. This EA grants you the following rights ("License"):
2.5.1. Use - You may use the Software solely for evaluation, nonexclusive and noncommercial use is allowed.
2.5.2. Copy for backup purposes - You may make one copy of the Software in machine-readable form for backup purposes only. You must clearly state on such copy an SolveigMM light copyright notice and you must not transfer, sell, lease or lend allow any third party to as such with the Software or a copy of it to any person or entity.
2.5.3. Modify - it is forbidden to make any modifications to the Software other than those optional modifications given to you by the Software interface for your own purposes to customize or integrate specific features of your choice.
2.6. This EA imposes on you the following Restrictions:
2.6.1. You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form, including but not limited to source code.
2.6.2. You may not redistribute or transfer this Software to anyone other than the original licensee.
2.6.3. You may not make any copies of the Software or its related documentation for any purpose unless you fully comply with the conditions abovementioned regarding "Copy for backup purposes".
2.6.4. You may not use in whole or part, any code, which is considered proprietary of SolveigMM, in any other product that is freely distributed or commercially resold.
2.6.5. You may not resell or freely distribute this product to others.
2.7. In addition to any other condition or provision concerning jurisdiction or any other aspect of international law, you are also responsible for compliance with the laws of your local jurisdiction.
2.8. You agree that SolveigMM may audit your use of the Software for compliance with these terms at any time, upon reasonable notice.
3.1. These EA and your use of Software shall terminate immediately without notice from SolveigMM after the evaluation period expiration or in the event you break any provision under this EA. In which case you must delete or destroying the Software, the backup copy, related documentation and all copies thereof.
3.2. You may terminate the EA at any time by fully deleting or destroying the Software, the backup copy, related documentation and all copies thereof. If so, this EA will terminate immediately without notice from SolveigMM. As of the moment of their termination, you may no longer reuse the Software for any purpose without accepting the appropriate SolveigMM's agreement.
4. DISCLAIMER OF WARRANTY
4.1. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. SOLVEIGMM, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. SOLVEIGMM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE SOFTWARE OR PROVIDED ON OR THROUGH THE USE OF THE SOFTWARE. SOLVEIGMM DOES NOT MAKE ANY WARRANTY THAT THE SOFTWARE OR ITS USE SATISFIES ANY GOVERNMENT REGULATIONS.
4.2. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SOLVEIGMM OR AN SOLVEIGMM AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT ELECRAD OR AN SOLVEIGMM AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
5. LIMITATION OF LIABILITY
5.1. IN NO EVENT SHALL SOLVEIGMM, ITS LICENSORS, ITS DIRECTORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE SOLVEIGMM WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE, MISUSE OR INABILITY TO USE THE SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SOLVEIGMM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.2. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
6. GOVERNING LAW
This EA shall be governed by and construed under the laws of the Russian Federation without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and the present Russian law, rules, and regulations, the current Russian laws, rules and regulations shall prevail and govern.
7. PRIVATE RECORDS POLICY
7.1. During the installation process of the Software, you may be required to submit information concerning yourself including, but not limited to, your name, address, phone number and E-mail address. SolveigMM may keep this information for statistic and office purposes as well as for future contact with you.
7.2. You herby declare that according to this agreement, you allow SolveigMM to collect this information, or any other information concerning you which was obtained by SolveigMM during normal business activity, and which may be deemed private in nature.
7.3. SolveigMM will not redistribute or provide to any third party information collected in this process, unless ordered to do so by an authorized third party, such as the court.