End user agreement for Visonair.tv Player
ELECTRONIC END USER LICENSE AGREEMENT
The product Visonair and ALL of it's files, from this point onward is referred to as this software.
Crave Create from this point onward are referred to as the company
BY CLICKING ON THE ACCEPTANCE BUTTON WHICH FOLLOWS THIS LICENCE AGREEMENT (MARKED “I AGREE”) YOU CONFIRM YOUR ACCEPTANCE OF THIS LICENCE AGREEMENT AND THE LIMITED WARRANTY AND LIMITATION OF LIABILITY SET OUT IN THIS LICENCE AGREEMENT. SUCH ACCEPTANCE IS EITHER ON YOUR OWN BEHALF OR ON BEHALF OF ANY CORPORATE ENTITY WHICH EMPLOYS YOU OR WHICH YOU REPRESENT (‘CORPORATE LICENSEE’). IN THIS LICENCE AGREEMENT, ‘YOU’ INCLUDES BOTH THE READER AND ANY CORPORATE LICENSEE. YOU SHOULD THEREFORE READ THIS LICENCE AGREEMENT CAREFULLY BEFORE CLICKING ON THE ACCEPTANCE BUTTON. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU SHOULD CLICK ON THE 'CANCEL' BUTTON AND DELETE THE MATERIALS FROM YOUR COMPUTER.
Upon your acceptance of this Agreement, the company grants to you a nonexclusive license to use this software, provided that you agree to the following:
1. Copyright and Trademark Rights. This Software is owned by the company named above (*). This Agreement does not grant you any intellectual property rights on this software.
2. Restrictions. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of this software. You may not alter or modify in any way the installer program or create a new installer for the Software.
3. No Warranty. This software is being supplied/delivered to you "AS IS" and the company makes no warranty as to its use or performance. The Company AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THIS SOFTWARE OR DOCUMENTATION. IN NO EVENT WILL THE COMPANY OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS or LOST SAVINGS. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.
4. Redistribution of this package is prohibited. It may only be downloaded via the Visonair Website.
5. Concerning OGG.DLL, VORBIS.DLL and THEORA.DLL libraries used within Visonair. These libraries are Copyright (c) 2002-2004 Xiph.org Foundation
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
- Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
- Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
- Neither the name of the Xiph.org Foundation nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE FOUNDATION OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
6. This Agreement is personal to you and you may not assign, transfer, sub-contract or otherwise part with this Agreement or any right or obligation under it without the Licensor’s prior written consent. This Agreement is subject to the exclusive jurisdiction of the English courts and shall be construed in accordance with English law.
* Crave Create makes no claims to the intellectual property rights of the Ogg, Vorbis and Theora libraries used within this product.
These libraries are Copyright (c) 2002-2005 Xiph.org Foundation as detailed within section 5 of this licence
Visonair is a trademark of Crave Create http://www.cravecreate.com
Visonair makes use of DSPack which is available from
http://www.progdigy.com/dspack/ and http://sourceforge.net/projects/dspack