End user agreement for Exsate DV Capture Live
END-USER LICENSE AGREEMENT FOR EXSATE DV CAPTURE LIVE
NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL
AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS
AGREEMENT, DO NOT INSTALL AND/OR USE THIS SOFTWARE.
USER'S USE OF THIS SOFTWARE IS CONDITIONED UPON
COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT.
IMPORTANT-READ CAREFULLY: This Exsate DV Capture Live End-User License
Agreement ("EULA") is a legal AGREEMENT between you and Exsate Software
("Exsate") for the Exsate DV Capture Live software product identified
above, which product includes computer software and may include
associated media, printed materials, and "online" or electronic
documentation ("SOFTWARE PRODUCT"). By installing, copying, or
otherwise using the SOFTWARE PRODUCT, you agree to be bound by
the terms of this EULA.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international
copyright treaties, as well as other intellectual property laws and
treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE.
This EULA grants you, the computer software end-user, the following
* Applications Software. The SOFTWARE PRODUCT may be used only by
you. You may install and use one copy of the SOFTWARE PRODUCT,
or any prior version thereof for the same operating system, on
a single computer.
* License Pack. If you have acquired this EULA in an Exsate
DV Capture Live License Pack, you may make the number of additional
copies of the computer software portion of the SOFTWARE PRODUCT
identified above on this EULA, and you may use each copy in the
manner specified above.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
* The SOFTWARE PRODUCT is licensed as a single product. Its component
parts may not be separated for use on more than one computer.
* Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT to
* Software Transfer. You may permanently transfer all of your rights
under this EULA, provided you retain no copies, transfer all of the
SOFTWARE PRODUCT (including all component parts, the media and
printed materials, any upgrades, this EULA, and, if applicable, the
Certificate of Authenticity), and the recipient agrees to abide by
all of the terms of this EULA. If the SOFTWARE PRODUCT is an
upgrade, any transfer must include all prior versions of the
SOFTWARE PRODUCT and all of your rights therein, if any.
* Support Services. If this product was received as part of a "bundle"
with an other software or hardware manufacturer's product, end-users
are required to contact that manufacturer for first level support.
Otherwise, Exsate may provide you with support services related
to the SOFTWARE PRODUCT ("Support Services"). The provision and use
of Support Services is governed by the Exsate policies and programs
described in the SOFTWARE PRODUCT user manual and/or in "online"
documentation. Any supplemental software code provided to you as
part of the Support Services shall considered part of the SOFTWARE
PRODUCT and subject to the terms and conditions of this EULA. With
respect to technical information you provide to Exsate as part of
the Support Services, Exsate may use such information for its
business purpose, including for product updates and development.
Exsate will use its best efforts to not utilize such technical
information in a form that personally identifies you.
* Termination. Without prejudice to any of Exsate's other rights,
Exsate may terminate this EULA if you fail to comply with the terms
and conditions of this EULA. In such event, you must destroy all
copies of the SOFTWARE PRODUCT and all of its component parts; to
this end you grant to Exsate the right to, with or without notice,
monitor your Internet accessible activities for the purpose of
verifying SOFTWARE PRODUCT performance and/or your compliance with
the terms hereof, including, but not limited to the remote monitoring
and verification of your implementation, use and duplication of the
If the SOFTWARE PRODUCT is labeled or otherwise identified by
Exsate as an "upgrade", you must be properly licensed to use a product
identified by Exsate as being eligible for the upgrade in order to use the
SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled or otherwise
identified by Exsate as an upgrade replaces and/or supplements the product
that formed the basis for your eligibility for such upgrade. You may use
the resulting upgraded product only in accordance with the terms of this
EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a
package of software programs that you licensed as a single product, the
SOFTWARE PRODUCT may be used and transferred only as part of that
single product package and may not be separated for use on more than one
4. COPYRIGHT AND TRADEMARKS.
* All title, trademarks and copyrights in and pertaining to the
SOFTWARE PRODUCT (including but not limited to any images,
photographs, animation, video, audio, Music, text, and applets
incorporated into the SOFTWARE PRODUCT), the accompanying,
printed materials and any copies of the SOFTWARE PRODUCT are
owned by Exsate or its affiliated companies. The SOFTWARE
PRODUCT is protected by copyright and trademark laws and international
treaty provisions. You must treat the SOFTWARE PRODUCT like any
other copyrighted material for archival purposes only. You may not
copy the printed materials accompanying the SOFTWARE PRODUCT.
* You may not remove, modify or alter any Exsate copyright or trademark
notice from any part of the SOFTWARE PRODUCT, including but not limited
to any such notices contained in the physical and/or electronic media or
documentation, in the Exsate DV Capture Live Setup Wizard dialogue or 'about'
boxes, in any of the runtime resources and/or in any web-presence or
web-enabled notices, code or other embodiments originally contained in
or dynamically or otherwise created by the SOFTWARE PRODUCT.
5. DUAL-MEDIA SOFTWARE.
You may receive the SOFTWARE PRODUCT in more than one medium.
Regardless of the type or size of the medium you receive, you may use
only that one medium that is appropriate for your single computer.
You may not use or install the other medium on another computer,
including but not limited to portable computers under the exclusive
control of the registered end-user. You may not loan, rent, lease, or
otherwise transfer the other medium to another user, except as part of
the permanent transfer (as provided above) of the SOFTWARE PRODUCT.
6. LIMITED WARRANTY
* The SOFTWARE PRODUCT does not warrant that the software is error
free. The SOFTWARE PRODUCT disclaims all other warranties with respect
to the software, either express or implied, including but not limited
to implied warranties of merchantability, fitness for a particular
purpose and no infringement of third party rights. Some jurisdictions
do not allow the exclusion of implied warranties or limitations on how
long an implied warranty may last, or the exclusion or limitation of
incidental or consequential damages, so the above limitations or exclusions
may not apply to you. This warranty gives you specific legal rights and
you may also have other rights, which vary from jurisdiction to
* This SOFTWARE PRODUCT is provided on an "AS IS" basis. The
SOFTWARE PRODUCT disclaims all warranties relating to this software,
whether expressed or implied, including but not limited to any implied
warranties of merchantability or fitness for a particular purpose. Neither the
SOFTWARE PRODUCT nor anyone else who has been involved in the
creation, production, or delivery of this software shall be liable for
any indirect, consequential, or incidental damages arising out of the
use or inability to use such software, even if the SOFTWARE PRODUCT
has been advised of the possibility of such damages or claims.
The person using the software bears all risk as to the quality and
performance of the software.
Some jurisdictions do not allow limitation or exclusion of incidental or
consequential damages, so the above limitations or exclusion may not apply
to you to the extent that liability is by law incapable of exclusion
7. LIMITATION OF LIABILITY.
To the maximum extent permitted by applicable law, in no event shall
Exsate or its suppliers be liable for any special, incidental, indirect,
or consequential damages whatsoever arising out of user of or
inability to use the SOFTWARE PRODUCT or the provision of or failure
to Support Services, even if Exsate has been advised of possibility of
Should you have any questions concerning this EULA, or if you desire
to contact Exsate for any reason, please contact the Exsate
distributor serving your country, or write:
Exsate Software (mailto:email@example.com).