Chip 2005 August/CHIP_CD_2005-08.iso/service/divx/files/DivXCreate.exe/$PLUGINSDIR/License_en.txt

Text File | 2005-04-28 | 10.9 KB | 187 lines

DIVXNETWORKS, INC. (ôLicensorö)
LICENSE AGREEMENT

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS
PRODUCT. IT CONTAINS SOFTWARE, THE USE OF WHICH IS LICENSED BY LICENSOR TO ITS
CUSTOMERS FOR THEIR USE ONLY AS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE
TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. USING ANY PART
OF THE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS.

THE PRODUCT IS PROVIDED "AS IS". THERE ARE NO WARRANTIES UNDER THISáAGREEMENT,
AND LICENSOR DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR
PARTICULAR PURPOSE.

GRANT OF LICENSE: Licensor grants to you this personal, limited, non-exclusive,
non-transferable, non-assignable license solely to use in a single copy of the
Licensed Works on a single computer for use by a single concurrent user only,
and solely provided that you adhere to all of the terms and conditions of this
Agreement.  ôLicensed Worksö means computer software together with any related
documentation (including design, systems and user) and other materials for use
in connection with such computer software in this package.  The foregoing is an
express limited use license and not an assignment, sale, or other transfer of
the Licensed Works or any Intellectual Property Rights (as defined below) of
Licensor.

ASSENT: By opening the file package containing this software, you agree that
this Agreement is a legally binding and valid contract, agree to abide by the
intellectual property laws and all of the terms and conditions of this
Agreement, and further agree to take all necessary steps to ensure that the
terms and conditions of this Agreement are not violated by any person or entity
under your control or in your service.

OWNERSHIP OF SOFTWARE: The Licensor and/or its affiliates or subsidiaries own
certain rights that may exist from time to time in this or any other
jurisdiction, whether foreign or domestic, under patent law, copyright law,
publicity rights law, moral rights law, trade secret law, trademark law, unfair
competition law or other similar protections, regardless of whether or not such
rights or protections are registered or perfected (the "Intellectual Property
Rights"), in the Licensed Works.  ALL INTELLECTUAL PROPERTY RIGHTS IN AND TO THE
LICENSED WORKS ARE AND SHALL REMAIN IN LICENSOR.

TRIALS: Components included in this file package may be subject to trial periods
for the purposes of evaluation prior to purchase. Trial periods may begin either
upon installation, upon first use of a component, or as the user elects when
prompted by a product or its subcomponents. Upon expiration of a trial period,
products may cease to function or continue to operate with reduced
functionality. Duration of trial periods is as marketed by Licensor, indicated
during installation, specified in the product documentation, or displayed on the
product GUI.

PRODUCT REGISTRATION: Use of some components in this file package may be
governed by product registration technology. Unregistered products may be
non-functional or subject to trials. During registration, a serial number will
be issued to you by Licensor or its affiliates for one or more components. Upon
entering a valid serial number for a component (ôregisteringö the component),
the registered component will be released of its trial and/or non-functional
limitations. You agree not to disclose any serial number issued to you to any
third-party for any reason, except for the purposes of acquiring product support
from Licensor or its affiliates.

VERSION CHECKING: This software will perform version checking.  During version,
checking a list of potential updates will be downloaded from our servers. No
personal information will be communicated to Licensor or its affiliates during
this process.

BANNERS: This software will download product banners and/or similar marketing
devices from our servers and display them within the software GUI. A message
will be sent to our servers indicating that a banner or similar marketing device
has been served.   No personal information will be communicated to DivXNetworks
or its affiliates during this process.

SOFTWARE INSTALLATION: Components bundled with our software may report to
Licensor and/or its affiliates the installation status of certain marketing
offers, such as toolbars, and also generalized installation information, such as
language preference and operating system version, to assist Licensor in its
product development. No personal information will be communicated to
DivXNetworks or its affiliates during this process. Licensor may in the future
offer additional components (such as a toolbar) through our version
checking/update system.

DIVX PLAYER INSTALLATION: The DivX Player installation process allows you to
subscribe to LicensorÆs e-mail newsletter and to subscribe to receive messages
from our partners.  If you subscribe to either of these services you will
periodically receive e-mail messages from Licensor.  Your email address will not
be provided to any third parties.  In addition, during the installation of the
DivX Player, you may elect the option to send information about your computer
system configuration to Licensor.  This information is not personally
identifiable and is used only to enhance the performance of the DivX Player on
typical "DivX User" systems.

NO COMMERCIAL USE: This License Agreement grants you the right to use the
software for personal use only. Commercial use of the software or of the work
products resulting from its use is not permitted under this License Agreement.

NO TRANSCODING: You are prohibited from using this software with a software or
hardware product whose purpose is to "transcode" or convert DivX video or DivX
Media Format content into an alternate format.

RESTRICTIONS:

(a)  You are expressly prohibited from copying, modifying, merging, selling,
leasing, redistributing, assigning, or transferring in any matter, Licensed
Works or any portion thereof.

(b)  You may take a single copy of materials within the package or otherwise
related to Licensed Works only as required for backup purposes.

(c)  You are also expressly prohibited from reverse engineering, decompiling,
translating, disassembling, deciphering, decrypting, or otherwise attempting to
discover the source code of the Licensed Works as the Licensed Works contain
proprietary material of Licensor.  You may not otherwise modify, alter, adapt,
port, or merge the Licensed Works.

(d)  You may not remove, alter, deface, overprint or otherwise obscure Licensor
patent, trademark, service mark or copyright notices.

(e)  You agree that the Licensed Works will not be shipped, transferred or
exported into any other country, or used in any manner prohibited by any
government agency or any export laws, restrictions or regulations.

(f)  You may not publish or distribute in any form of electronic or printed
communication the materials within or otherwise related to Licensed Works,
including but not limited to the object code, documentation, help files,
examples, and benchmarks.

TERM: This Agreement is effective until terminated.  You may terminate this
Agreement at any time by uninstalling the Licensed Works and destroying all
copies of the Licensed Works.  Upon any termination, you agree to uninstall the
Licensed Works and return or destroy all copies of the Licensed Works, any
accompanying documentation, and all other associated materials.

GOVERNING LAW: This License Agreement shall be governed by the laws of the State
of California and by the laws of the United States, excluding their conflicts of
law principles. The United Nations Convention on Contracts for the International
Sale of Goods (1980) is hereby excluded in its entirety from application to this
License Agreement.

WARRANTIES AND DISCLAIMER:

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN LICENSOR
AND YOU, THE LICENSED WORKS ARE NOW PROVIDED ôAS ISö WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE
WARRANTY OF NON-INFRINGEMENT.  WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO
WARRANTY THAT (i) THE LICENSED WORKS WILL MEET YOUR REQUIREMENTS, (ii) THE USE
OF THE LICENSED WORKS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LICENSED WORKS WILL
BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF THE LICENSED WORKS WILL MEET YOUR
EXPECTATIONS, (v) ANY ERRORS IN THE LICENSED WORKS WILL BE CORRECTED, AND/OR
(vi) YOU MAY USE, PRACTICE, EXECUTE, OR ACCESS THE LICENSED WORKS WITHOUT
VIOLATING THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS. SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON
HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.  IF CALIFORNIA LAW IS NOT HELD TO APPLY TO THIS AGREEMENT FOR ANY REASON,
THEN IN JURISDICTIONS WHERE WARRANTIES, GUARANTEES, REPRESENTATIONS, AND/OR
CONDITIONS OF ANY TYPE MAY NOT BE DISCLAIMED, ANY SUCH WARRANTY, GUARANTEE,
REPRESENATION AND/OR WARRANTY IS: (1) HEREBY LIMITED TO THE PERIOD OF EITHER (A)
THIRTY (30) DAYS FROM THE DATE OF OPENING THE PACKAGE CONTAINING THE LICENSED
WORKS OR (B) THE SHORTEST PERIOD ALLOWED BY LAW IN THE APPLICABLE JURISDICTION
IF A THIRTY (30) DAY LIMITATION WOULD BE UNENFORCEABLE; AND (2) LICENSORÆS SOLE
LIABILITY FOR ANY BREACH OF ANY SUCH WARRANTY, GUARANTEE, REPRESENTATION, AND/OR
CONDITION SHALL BE TO PROVIDE YOU WITH A NEW COPY OF THE LICENSED WORKS.

IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR
ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS
OF USE, DATA OR PROFITS, WHETHER OR NOT LICENSOR HAD BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR
IN CONNECTION WITH THE USE OF THE LICENSED WORKS.  SOME JURISDICTIONS PROHIBIT
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  THESE LIMITATIONS SHALL
APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

SEVERABILITY: In the event any provision of this License Agreement is found to
be invalid, illegal or unenforceable, the validity, legality and enforceability
of any of the remaining provisions shall not in any way be affected or impaired
and a valid, legal and enforceable provision of similar intent and economic
impact shall be substituted therefor.

ENTIRE AGREEMENT: This License Agreement sets forth the entire understanding and
agreement between you and Licensor, supersedes all prior agreements, whether
written or oral, with respect to the software, and may be amended only in a
writing signed by both parties.

DivXNetworks, Inc.
4780 Eastgate Mall
San Diego, California 92121
February 17, 2005