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MediaCell Video Converter for Mobile Devices

Copyright: (c) 2006 Infima Technologies Ltd. - All Rights Reserved

License Agreement: You should carefully read the following terms and conditions before using this software. Your use of this software indicates your acceptance of this license agreement and warranty.

 

This license is granted to you by Infima Technologies Ltd. (hereinafter "Infima") applies to the evaluation version of  MediaCell Video Converter for Mobile Devices  (hereinafter "the Product"). This License only applies to the executable code for the English-language version of the SDK JPEG Compression software and any accompanying distributable files, data and materials ("the "Product"). You should carefully read the following terms and conditions before using, installing or downloading the Product. By installing or copying, the Product, you agree to all of the terms of this evaluation license agreement ("License"). Refer to www.myinfima.com for information about pricing, multi-user licensing, and registration options. Please read the license terms below. If you do not agree to all of the terms and conditions of this License, then do not use, install, copy,.

 

Scope of License

This is not free software. Subject to the terms below, you are hereby licensed by Infima to use for evaluation purposes only one (1) copy of the Product on one (1) computer or workstation, without charge, for a period of 14 days after you first install the Product on any computer or workstation. If you want to use the Product after the 14-day evaluation period, you must acquire from Infima a single-user license or multi-user license. Please refer to www.myinfima.com for information about Standard and Pro license pricing, multi-user licensing, and ordering options. The Use of Infima the Product after the expiration of the 14-day evaluation period without acquiring such a license from Infima is prohibited and constitutes a violation of U.S. and international copyright laws. Subject to all of the terms of this License, you may, without making payment to Infima: give exact copies of the Product without charge of any kind to anyone for evaluation purposes only, subject to the terms of this License, using tangible media of any kind or via e-mail (but not in a bulk mailing or through unsolicited bulk e-mails); distribute exact copies of the Product for evaluation purposes only, subject to the terms of this License, if done exclusively by allowing downloads through the public Internet and without charge of any kind; and make as many exact copies of the Product as you wish, for purposes of distribution as described in (a) and (b) above. For purposes of the foregoing, an "exact copy" of the Product means a file that is identical, at the time you create the copy, of the Product  distribution f il e ava il able at http://www.myinfima.com.. All rights of any kind in the Product which are not expressly granted in this License are entirely and exclusively reserved to and by Infima. The Product is protected by the United States copyright laws and other applicable national and international laws and treaties. You may not rent, lease, sublicense, modify, translate, reverse engineer, decomp il e, disassemble, or create derivative works based on, the Product, in whole or in part, nor permit anyone else to do so. The license granted hereunder includes no rights in or to the source code version of the Product.

 

Warranty Disclaimers and Liab ility Limitations

The Product, and any and all accompanying software, f il es, data and materials, are distributed and provided "AS IS" and with no warranties of any kind, whether express or implied, including, without limitation, any warranty of merchantab il ity or fitness for a particular purpose. Neither Infima nor any of its aff il iates or licensors warrant, guarantee, or make any representations regarding the use of, or the results of the use of the Product. Neither Infima nor any of its aff il iates or licensors warrant that the operation of the Product w il l be uninterrupted or error-free, or that the use of any passwords and/or encryption features w il l be effective in preventing the unintentional disclosure of information contained in any f il e. Further, there is no warranty for the optional virus scanning feature. (the Product does not scan for viruses; it simply runs external programs that claim to perform this function.) You acknowledge that good data processing procedure dictates that any program, including the Product, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of the Product covered by this License. This disclaimer of warranty constitutes an essential part of this License. Except to the extent expressly prohibited by applicable statutes, Infima, its aff il iates or licensors shall not be liable for any damage or financial loss arising out of the use of, or inab il ity to use the Product. Any liab il ity of Infima, its aff il iates or licensors w il l be limited exclusively to refund of any license or registration fee paid to Infima. Except to the extent expressly prohibited by applicable statutes, in no event shall Infima, or its principals, shareholders, officers, employees, aff il iates, licensors, contractors, subsidiaries, or parent organizations, be liable for any direct, indirect, incidental, consequential, special, or punitive damages whatsoever relating to the use of the Product or any change made to the thereto, or to your relationship with Infima, its aff il iates or licensors (including, without limitation, loss or disclosure of data or information, loss of profit, revenue, business opportunity or business advantage, or business interruption), whether based upon a claim or action of contract, warranty, negligence, strict liab il ity, contribution, indemnity, or any other legal theory or cause of action, even if advised of the possib il ity of such damages. In addition, in no event does Infima authorize you or anyone else to use the Product in applications or systems where the Product's fa il ure to perform can reasonably be expected to result in a significant physical injury, or in loss of property, or loss of life. Any such use is entirely at your own risk, and you agree to hold Infima, its aff il iates or licensors harmless from any and all claims or losses relating to such unauthorized use.

Updates

During a period of 90 dates, Infima shall deliver to you, free of charge, through e-mail or other means of electronic communication, Product updates, if and as will be available from time to time during this period and subject to Infima's sole discretion.

Restricted Rights

the Product is provided with "Restricted Rights". Use, modification, duplication, release, performance, display, or disclosure by the U.S. Government or government contractors is subject to the restrictions set forth in subparagraph (c) (1) and (2) of the Commercial Computer Software Restricted Rights clauses at 48 CFR 52.227-19, the provisions related to rights in data set forth in FAR 52.227-14, Alternate III(g)(3), and the provisions relating to Rights in Commercial Computer Software or Commercial Computer Software Documentation at 48 CFR 227.7202-3.

Export Restrictions the Product is subject to certain export restrictions of the United States Government. If you are (a) in a country to which export from the United States is restricted for anti-terrorism reasons, or a national of any such country, wherever located, (b) in a country to which the United States has embargoed or restricted the export of goods or services, or a national of any such country, wherever located, or (c) a person or entity who has been prohibited from participating in United States export transactions by any agency of the United States Government, then you may not install, download, access, use, or license Infima Ultimate Compression. By accepting this License, you warrant and represent to Infima that (1) you do not match the criteria set forth in (a), (b), or (c) above, (2) that you will not export or re- export Infima Ultimate Compression to any country, person, or entity subject to U.S. export restrictions, including those persons and entities that match the criteria set forth in (a), (b), or (c) above, and (3) that neither the United States Bureau of Industry and Security, nor any other U.S. federal agency, has suspended, revoked, or denied your export privileges. Termination Immediately upon expiration of the 60-day evaluation period for the license granted hereunder, you shall immediately discontinue any and all use of Infima Ultimate Compression and you shall within ten (10) days delete from your computer(s) all electronic copies of Infima the Product, including all or any part thereof. All provisions of this License that by their nature are intended to survive the expiration of the license granted hereunder shall survive and remain in full force and effect. You agree that you will  indemnify, defend, and hold harmless Infima, its affiliates and licensors, and their directors, officers, trustees, shareholders, employees, agents, successors and assigns from and against any and all claims, expenses, losses, damages, costs, liabilities and judgments, including without limitation reasonable attorneys' fees and expenses, arising out of or relating to any claim resulting from or related to: (i) any use by you of teh Product other than as expressly allowed by this License or in a manner inconsistent with any accompanying documentation; (ii) any breach of this License by you; or (iii) any violation of applicable law by you, your directors, officers, trustees, shareholders, employees, subsidiaries, agents, successors and assigns.

Governing Law

This Agreement shall be governed by the law as may be required to protect the legitimate interests of Infima, its successors, administrators, heirs and assigns unless otherwise agreed with Infima under a separate agreement

 

General:

 

The Product, including, without limitation, the information included in its accompanying distributable f iles, data and materials and any related activation code and registration code f iles or information, and the know-how embodied in the Product, is confidential and trade secret information (the "Proprietary Information") that is proprietary to and solely owned or licensed by Infima, together with all related copyrights and trademarks relating thereto. You agree to maintain the Proprietary Information in strictest confidence for the benefit of Infima and its licensors. You shall not sell, license, publish, display, distribute, disclose, or otherwise make ava ilable or allow to be made ava ilable the Proprietary Information, including, without limitation, any activation codes or registration code f iles, to any third party nor use such Proprietary Information except as authorized by this License. The obligations under this paragraph shall survive any termination or cancellation of the License. This License is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements, and arrangements.. . There are no third-party beneficiaries of any promises, obligations, or representations made by Infima. Any waiver by Infima of any violation of this License by you shall not constitute, nor contribute to, a waiver by Infima of any other or future violation by you of the same provision, or any other provision, of this License. You acknowledge and agree that monetary damages alone would not be an adequate remedy in the event of a material breach by you of your obligations or agreements under this License and that, in such event, Infima or any of its aff iliates shall be entitled to injunctive relief to require you to comply with its obligations hereunder. Any remedy ava ilable under this License shall be cumulative and not exclusive of any other remedy ava ilable to Infima or any of its aff iliates under this License, at law or in equity. If any part of this License or the application thereof to any person or circumstance is for any reason held invalid or unenforceable, it shall be deemed severable, and the validity of the remainder of this License, or the applications of such provision to other persons or circumstances, shall not be affected thereby.