End user agreement for neoDVD Video 8 LP
MedioStream END USER LICENSE AGREEMENT
PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE neoDVD SOFTWARE.
YOUR RIGHT TO USE THE SOFTWARE IS GOVERNED BY THE TERMS OF THIS AGREEMENT. SELECTING THE "YES" BUTTON AND CONTINUING WITH THE INSTALLATION OF neoDVD INDICATES YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS BY SELECTING THE "I ACCEPT" BUTTON, YOU WILL NOT BE ABLE TO CONTINUE WITH THE SOFTWARE INSTALLATION PROCESS OR TO USE THE neoDVD SOFTWARE.
This is a legal agreement ("Agreement") between you, the end user, and MEDIOSTREAM, INC. ("MedioStream"), a California corporation with its principal place of business at 4962 El Camino Real, Suite 201,Los Altos CA 94022 U.S.A., which covers the neoDVD software developed and distributed by MedioStream (the "Software") and its accompanying documentation ("Documention"). The term "you" in this Agreement refers to the initial purchaser of the Software.
This is a license agreement and NOT an agreement for sale. MedioStream licenses you to use the Software and Documentation only as permitted by this Agreement, and it retains all rights not expressly granted to you in this Agreement. Subject to the terms of this Agreement, you have a non-exclusive, nontransferable and limited right to install the Software onto the hard drive or other mass storage device of two (2) computers and use the Software and Documentation on those computers solely for your personal non-commercial use. You may install, register and use a maximum of two copies of the Software. You may make an archival copy of the Software and Documentation for back-up purposes, provided that such copy contains all of the original copy's proprietary notices and is kept in your possession, but you may not otherwise copy or distribute the Software or Documentation in any form or by any medium.
2. TERM; TERMINATION
This Agreement shall commence when you accept its terms by clicking on the "Yes" icon below. Once you have registered the Software, the license granted in this Agreement shall continue indefinitely until terminated by you or by MedioStream. You may terminate this Agreement at any time by destroying the Software and Documentation. This Agreement, and any and all rights provided to you in connection with the Software, shall automatically terminate if you fail to comply with the terms of this Agreement. Upon any termination of this Agreement, you shall cease using and shall destroy the Software and Documentation, and all copies of any parts thereof. All sections of this Agreement, other than Section 1 ("License"), shall survive termination of this Agreement.
3. OWNERSHIP; INTELLECTUAL PROPERTY
All right, title, and interest in the Software and Documentation, and all patents, trademarks, copyrights and all other intellectual property and other proprietary rights applicable thereto, shall at all times remain solely and exclusively with MedioStream. You shall not (nor shall you permit any third party to) take any action inconsistent with such right, title, and interest. Unauthorized reproduction of the Software or Documentation is strictly prohibited by United States copyright and other laws and by international treaties, and may subject you to civil and/or criminal penalties.
4. LIMITATION ON USE
You represent and warrant to MedioStream that you shall not (and shall not permit any third party to):
Sell, rent, lease, sublicense, grant a security interest in, or otherwise transfer or distribute any copies of the Software or Documentation to others;
Offer the benefits or services of the Software to any third party, whether such arrangement is in the nature of a service bureau, an outsourcing service, an application service provider or any other similar service or business;
Modify, customize, or create derivative works based on the Software or the Documentation (i.e. create a new program that incorporates all or part of the Software or Documentation);
Alter, destroy or otherwise remove any proprietary notices or labels on the Software or Documentation;
Avoid, circumvent or disable any security mechanism, procedure or protocol, or any copyright protection, provided or included in connection with the Software;
Use the Software other than for its intended purpose; or
Use the Software in a manner that violates any applicable law, including without limitation laws prohibiting the unauthorized copying of copyrighted materials.
In addition, you acknowledge that the Software contains trade secrets of MedioStream. Accordingly, you represent and warrant that you will not modify, translate, reverse engineer, decompile, or disassemble the Software, except to the extent that applicable laws permit you to do so;
You agree to indemnify MedioStream and its affiliates, officers, directors, employees and agents for any third-party claims relating to your breach of any of the above representations and warranties.
5. DISCLAIMER OF WARRANTY
THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS." MEDIOSTREAM DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. MEDIOSTREAM HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE OR THE DOCUMENTATION, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INTERFERENCE AND NON-INFRINGEMENT. THESE DISCLAIMERS OF WARRANTY CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT.
6. LIMITATION OF LIABILITY
IN NO EVENT WILL MEDIOSTREAM OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, DISTRIBUTORS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (SUCH AS DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY), OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF MEDIOSTREAM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS, LOSSES OR CLAIMS. IN NO EVENT WILL MEDIOSTREAM BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT YOU ORIGINALLY PAID MEDIOSTREAM FOR THIS LICENSE OF THE SOFTWARE.
Some jurisdictions do not allow exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
7. LAWFUL USE OF SOFTWARE ONLY
You agree that you shall not use the Software or Documentation for any unlawful purpose. You agree that you will use, export and re-export the Software and Documentation only in compliance with applicable export control laws and regulations in your jurisdiction, including, if applicable, the then-current Export Administration Regulations administered by the U.S. Department of Commerce.
You shall be responsible for and shall pay, and shall reimburse MedioStream on request if MedioStream is required to pay, any sales, use, valued added (VAT), consumption or other tax (excluding any tax that is based on MedioStream's net income), assessment, duty, tariff, or other fee or charge of any kind or nature that is levied or imposed by any governmental authority on the Software.
You acknowledge and agree that the Software and Documentation may contain confidential information and/or trade secrets of MedioStream and/or it suppliers. You agree to maintain and protect such confidential information and trade secrets in strictest confidence for the benefit of MedioStream and/or its suppliers, and not to disclose them without express authorization of MedioStream.
This Agreement constitutes the entire understanding between you and MedioStream with respect to the subject matter hereof. It supersedes all prior or contemporaneous oral or written communications, proposals, or representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter. Any change to this Agreement must be in writing and signed by an authorized representative of MedioStream. Nothing in this Agreement constitutes a waiver of the rights of MedioStream under the U.S. Copyright Act or Federal or State law. This Agreement shall be governed by the law of the State of California, excluding its choice of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. If any provision of this Agreement is determined to be unenforceable or invalid under any applicable law, this Agreement will not be invalid; instead, the unenforceable or invalid provision shall be interpreted so as to best accomplish the objectives of such provision. Any dispute relating to this Agreement or the Software shall be brought only in the federal or state court, as applicable, in Santa Clara County, California, and the parties hereby waive any objection to the jurisdiction of such courts.
Copyright 2003 MedioStream, Inc. All Rights Reserved. MedioStream, neoDVD, Smart Buffering, Quick Eject, and Direct-To-Disc Recording are trademarks of MedioStream, Inc. and may not be used without MedioStream's express written permission.
SOUND IDEAS END USER LICENSE AGREEMENT
THIS PRODUCT CONTAINS A SMALL SELECTION FROM THE EXTENSIVE SOUND IDEAS SOUND EFFECTS AND PRODUCTION MUSIC LIBRARIES.
PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE neoDVD SOFTWARE.
Your use of any Sound Ideas royalty free product acknowledges your acceptance of the following terms and conditions. In the event of a
breach of this License Agreement, action may be taken against you directly by the owner of the copyright.
Sound Ideas royalty free products are sold to you with a lifetime license for synchronization rights only. If you transfer ownership of any Sound Ideas royalty free product to another party, Sound Ideas should be notified immediately. No additional fees are required when any Sound Ideas royalty free product is used under the following terms and conditions.
TERMS AND CONDITIONS
You can synchronize the audio content from any Sound Ideas royalty free product with audio and/or visual productions or applications such as films training and marketing presentations on hold messages radio presentations or commercials television presentations or commercials musical recordings multimedia presentations Web pages interactive programs computer games audio-visual or computer generated displays, programs or presentations which may incorporate streaming audio.
Copying or re-recording unsynchronized sounds from any Sound Ideas royalty free product to any format that allows network or remote access by two or more end users is prohibited. You cannot copy, duplicate, sell, lease, loan or give away unsynchronized sounds from any Sound Ideas royalty free product by any means including the World Wide Web, streaming audio or any delivery method now known or which shall become known. Transfer, re-recording, copying or duplication of any Sound Ideas royalty free product, in whole or in part, for any purpose not listed in Terms and Conditions above is expressly prohibited unless you have requested and received specific written authorization from Sound Ideas.
With respect to any music compositions that may be included in any Sound Ideas royalty free product, this License does not include Performing Rights. Performing Rights represent the entitlement of music composers and publishers to benefit from the public performance of their compositions. Performing Rights societies like ASCAP and BMI in the United States and SOCAN in Canada, as well as many more around the world, have been established to collect and fairly distribute Performing Rights fees to music composers and publishers. If you use any musical compositions contained within any Sound Ideas royalty free product for either broadcast or non-broadcast productions that are eligible for documentation by Performing Rights associations, said music should be reported to your local Performing Rights society and Sound Ideas. Additional information about eligible music uses and cue sheets for music reporting are available from Sound Ideas.
Sound Ideas warrants that your use of Sound Ideas royalty free products in accordance with this License does not infringe on any third party proprietary rights.
Sound Ideas accepts no responsibility for any loss of business or business profits resulting directly or indirectly from the performance of any Sound Ideas royalty free product. Sound Ideas liability is limited and restricted solely to replacement at no charge of the Sound Ideas royalty free product in question.
Sound Ideas 105 West Beaver Creek Road, Suite 4 Richmond Hill, Ontario Canada L4B 1C6
Telephone: (905) 886 5000 Fax: (905) 886-6800
Toll Free: US 1-800-387-3030 Canada 1-800-665-3000
Email: email@example.com http://www.sound-ideas.com