End user agreement for mp3HD Toolkit Linux32
mp3HD TOOLKIT - END USER LICENSE AGREEMENT mp3HD and logos are trademarks of Thomson S.A. Copyright© 2009, mp3HD Toolkit, Thomson S.A. and Franhofer-Gesellschaft zur Forderung der angewandten Forschung e.V. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS OR USING THE SOFTWARE AND INDICATE YOUR ACCEPTANCE BY SELECTING/CLICKING THE "I ACCEPT" BOX AT THE BOTTOM OF THIS PAGE AND THEN BY CLICKING ON THE "OK" BUTTON BELOW THE SELECTION ON THE BOTTOM OF THIS PAGE. BY ACCEPTING THIS AGREEMENT, YOU WILL BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. YOU MAY NOT USE THE SOFTWARE UNLESS YOU ACCEPT THE TERMS OF THIS LICENSE. YOU MAY PRINT THE WEB PAGE CONTAINING THIS LICENSE OR SAVE IT AS A FILE ON YOUR COMPUTER. A SHORT-FORM VERSION OF THIS LICENSE SUBSTANTIALLY IDENTICAL TO THIS LICENSE MAY BE INCLUDED AS A "READ ME" FILE IN THE DOWNLOADABLE FILE CONTAINING THE SOFTWARE. This Agreement is between you (the "USER") and Thomson Licensing ("TL"). TL agrees to provide USER with an mp3 software file taking the form of a compressed archive containing the software application Mp3 Command-Line Software ("Software Product") and a copy of this License ("EULA"). USER agrees to the following terms and conditions of the EULA. 1. Definitions 1.1 Web Site "Web Site" means the Web Site located at www.all4mp3.com. 1.2 Information Entry Page "Information Entry Page" means any Web page that TL may serve to USER`s computer after USER accepts this EULA. 1.3 Download Page "Download Page" means the Web page that shall be served to USER`s computer after the USER has properly submitted the required information on the Information Entry Page to TL. The Download Page shall grant USER the ability to download the Software Product through means such as e.g., file transfer protocol ("FTP"), http, or php. 1.4 Software Product "Software Product" means the compressed archives compressed using the zip format, which includes the full application for the Mp3 Command-Line Software, a copy of this EULA and a documentation file. 1.5 Acceptance "Acceptance" means the USER has accepted the terms of this Agreement and has manifested said acceptance by clicking on the "I Accept" box then the "OK" button at the bottom of this EULA, or otherwise by installing or using the Software Product. 2. Duties of TLS 2.1 Protection of USER Information TLS agrees that it will not disclose to third parties any personal information that USER forwards to TL through any Information Entry Page. Such information the USER forwards to TL shall be used solely by TL for the purposes of retaining marketing information on the Software Product and providing information to USER (if appropriate box checked) on related future products of TL. 2.2 Access to Download Page TL shall allow USER to access the Download Page and download the Software Product after user has indicated Acceptance of this Agreement. 3. Duties of USER 3.1 The Software Product is provided royalty-free, subject to the constraints of this EULA. 3.2 Accuracy of Information The information USER enters and forwards to TL on any Information Entry Page will be truthful and accurate. 3.3 Intellectual Property Ownership USER acknowledges that the Software Product is copyrighted and owned by Agere Systems Inc. and/or Franhofer-Gesellschaft zur Forderung der angewandten Forschung e.V (collectively "Owners") and is protected by U.S., national, and international copyright laws. TLS has rights from Owners to license the Software Product under this Agreement to USERS. Title, ownership rights and intellectual property rights in the Software Product shall remain in Owners, who reserves all rights not expressly granted herein. Except as expressly provided in this Agreement, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any license or right, including without limitation, any right under any patent claim directed to a combination of the functionality of the Software Product with the functionality of any other software programs, or a combination of hardware systems other than the combination of the Software Product and the hardware or firmware into which the Software Product is loaded. 4. Grant of License TL GRANTS TO USER A PERSONAL, NONEXCLUSIVE, LIMITED LICENSE TO USE THE SOFTWARE PRODUCT AS PROVIDED IN THIS LICENSE. THE SOFTWARE PRODUCT IS LICENSED BY TL TO USER FOR USER`S DEMONSTRATION, EVALUATION, AND PERSONAL NON-COMMERCIAL USE ONLY ACCORDING TO THE TERMS OF THIS AGREEMENT. 4.1 Use of Software Product USER may install and use the Software Product on no more than one personal computer at a time. USER is granted the right to make five (5) copies of the Software Product for backup or archival purposes. Any copies made must contain all copyright notices that appear on the furnished Software Product. 4.2 Term of License This Agreement and the license provided herein is effective after the date the USER downloads the Software Product. USER may terminate this Agreement by permanently deleting the Software Product, and any backup or archival copies, from the computer(s) on which they are stored. 4.3 Restrictions 1) USER may not copy or otherwise reproduce any part of the Software Product with the exceptions specified in Paragraph 4.1. 2) USER may not distribute the Software Product to others, except if said entity or person agrees to the terms of this Agreement and complies therewith and USER does not retain any copies of the Software Product. 3) USER also acknowledges that the trademarks associated with the Software Product are owned exclusively by Thomson SA. 4) USER may not transfer, sell, publish, sublicense, lease or rent, lend, or otherwise distribute to others copies of all or any portion of the Software Product, except as expressly permitted herein. 5) USER may not modify, reverse engineer, decompile, disassemble, or create derivative works from the Software Product, or otherwise attempt to create a source code equivalent of the Software Product. 6) USER may not remove any proprietary notices, labels, identifiers or markings, or rights management information pertaining to the Software Product. 7) USER agrees not to and shall not export the Software Product either directly or indirectly to any foreign country except when such export is authorized by, and in full compliance, with the laws and regulations of the United States of America. 8) RESTRICTED RIGHTS LEGEND. Any Software Product which is downloaded from the Website for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. 5. Choice of Law This Agreement shall be construed and controlled by the laws of the state of California. Any dispute concerning, or breach of the terms of, this Agreement will be governed by the laws of the state of California, excluding the United Nations Convention on Contracts for the International Sale of Goods. 6. No Warranties; Disclaimers THE SOFTWARE PRODUCT AND ANY RELATED SERVICES AND PRODUCTS PROVIDED BY TLS THROUGH THE WEB SITE ARE PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND TO USER OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF (1) MERCHANTABILITY; (2) FITNESS FOR A PARTICULAR PURPOSE; (3) EFFORT TO ACHIEVE PURPOSE; (4) QUALITY; (5) ACCURACY; (6) NONINFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT; (7) QUIET ENJOYMENT; AND (8) TITLE. USER AGREES THAT ANY EFFORTS BY TLS TO MODIFY ITS PRODUCTS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS, AND THAT ANY TLS WARRANTIES SHALL NOT BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. AS USER`S RIGHT TO USE THE SOFTWARE PRODUCT IS PROVIDED FREE OF CHARGE, USER AGREES THAT IT IS FAIR AND REASONABLE TO RELEASE, AND HEREBY RELEASES, TLS FROM ANY LIABILITY ARISING FROM THE SOFTWARE PRODUCT. FURTHER, USER AGREES THAT TLS SHALL NOT BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF TLS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to USER. In such jurisdictions, TLS`s liability is limited to the greatest extent permitted by law. 7. Entire Agreement This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the matters stated herein, and this Agreement contains all of the covenants and agreements between the parties with respect thereto. This Agreement may be amended or modified only in writing, and shall be effective only after affixation of both parties` signatures. THE "I ACCEPT" ENTRY AND BUTTON FOLLOWS. BY CLICKING ON THIS BUTTON, THE USER SHALL CAUSE ANY INFORMATION ENTRY PAGE THAT MAY BE REQUIRED BY TLS AND THE SOFTWARE PRODUCT TO BE DOWNLOADED TO THE USER`S COMPUTER. IF USER DOES NOT CLICK ON THIS BUTTON, OR CLICKS ON THE "DO NOT ACCEPT" BUTTON BELOW THE TRANSACTION WILL BE CANCELED. THE USER ACKNOWLEDGES THAT THE USER HAS READ THIS AGREEMENT AND UNDERSTANDS THAT BY SELECTING THE "I ACCEPT" BOX AND CLICKING ON THE "OK" BUTTON, OR BY INSTALLING OR USING THE SOFTWARE PRODUCT THE USER AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 8. Severability If, for any reason, any provision of this Agreement is held invalid under any applicable law or laws, such invalidity shall not affect the remainder of this Agreement, and this Agreement shall continue in force and effect to the full extent allowed by law.