End user agreement for Videocharge Studio
LICENSE AGREEMENT FOR VIDEOCHARGE STUDIO
"You" and "LICENSEE" refers to an individual or a single entity which is using the "SOFTWARE".
"SOFTWARE" refers to Watermark Master and its successors, or manufacturer and owner of this SOFTWARE.
IMPORTANT - READ CAREFULLY:
This License Agreement is a legal agreement between you and VideoCharge Software company, and supercedes all prior written or oral statements, promises, representations and agreements. By installing, copying, or otherwise using the SOFTWARE (all within the limitations set forth in this License Agreement), you agree to be bound by the terms of this License Agreement. If you do not agree to the terms of this License Agreement, DO NOT install or use the SOFTWARE.
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
1. GRANT OF LICENSE.
Title to all copies of the SOFTWARE remains with VideoCharge Software.
This SOFTWARE is licensed to you. You are not obtaining title to the SOFTWARE or any copyrights. You may not sublicense, rent, lease, convey, translate, decompile, or disassemble the SOFTWARE for any purpose.
The license may be transferred to another LICENSEE if you keep no copies of the SOFTWARE.
2. OTHER RIGHTS AND PROHIBITIONS.
(a) Beta SOFTWARE. If any component of the SOFTWARE or any of its components is marked "Beta", the component of the SOFTWARE constitutes pre-release code and may be changed substantially before commercial release. You may not use such component in a live operating environment where it may be relied upon to perform in the same manner as a commercially released product or with data that has not been sufficiently backed up.
(b) Redistribution. You may freely redistribute the trial version of the SOFTWARE by any means provided that it is not modified in any way, is not bundled or otherwise included with or as part of another product without prior permission from VideoCharge Software and no charge or fee is assessed for the SOFTWARE.
(c) Prohibition on conversion. You may not convert this SOFTWARE or its parts to a different computer language or environment, either manually, or using an automated conversion tool, such that this SOFTWARE or any modification thereof will run under any language, software, or program other than implemented by VideoCharge Software.
(d) You agree that any modifications made to this SOFTWARE belong to VideoCharge Software and are permitted for your exclusive use during the period of this License Agreement, and may not be transferred, sold or licensed to another entity.
This Agreement is effective until terminated. Without prejudice to any other rights, VideoCharge Software may terminate this License Agreement if you fail to comply with the terms and conditions of this license. In such event, you must destroy all copies of the SOFTWARE.
4. USE AND ACTIVATION.
(a) You may install and use one copy of this SOFTWARE on TWO client computers. Subsequent installations require you to obtain additional licenses unless you are transferring this SOFTWARE to another computer.
(b) You may not use this SOFTWARE on more than TWO computers or computer terminals at one time.
(c) You may not permit simultaneous use of the SOFTWARE by more than ONE user.
(d) You may activate one copy of this SOFTWARE a limited number of times. You may make a request to VideoCharge Software to increase the number of activations. VideoCharge Software reserves to itself the title to reject the request in the event that it suspects you for breaking clause (a) or (b) or (c) of section 4 of this License Agreement.
5. TRIAL VERSION.
You may evaluate the SOFTWARE during 20-day free trial period and decide whether it satisfies you before purchasing a license. The trial period is divided into two equal parts. Within the former 10 days the trial version of this SOFTWARE does not differ from the registered one. Within the latter 10 days the trial version of this SOFTWARE differs from the registered one in the clip and images creation result. All clips and images created with trial version of this SOFTWARE within the latter 10 days will be marked as a demo product.
6. NO WARRANTIES. VideoCharge Software expressly disclaims any warranty for the SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
7. LIMITATION ON CONSEQUENTIAL DAMAGES.
NEITHER VIDEOCHARGE SOFTWARE NOR ANYONE 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 VideoCharge Software HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. IN NO EVENT SHALL VIDEOCHARGE SOFTWARE'S LIABILITY FOR ANY DAMAGES EXCEED THE PRICE PAID FOR THE LICENSE TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF CLAIM. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER YOU ACCEPT THE SOFTWARE.
8. GOVERNING LAW.
The License Agreement shall be governed by the laws of the State of California. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in a state or federal court of competent jurisdiction located in San Mateo County, California. The parties hereby consent to the personal jurisdiction of such courts.
9. U.S. GOVERNMENT RESTRICTED RIGHTS. This SOFTWARE is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the 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 clause at 48 CFR 52.227-19, as applicable. Contractor is: