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- DIVXNETWORKS, INC. END-USER 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 DIVXNETWORKS, INC., 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.
-
- LICENSE: DivXNetworks, Inc. grants you a personal, limited, non-
- exclusive license to use the accompanying software program(s) (the
- "Software") subject to the terms and restrictions set forth in this
- License Agreement. You are not permitted to lease or rent (except under
- separate mutually agreeable terms set forth in writing), distribute or
- sublicense the Software or to use the Software in a time-sharing
- arrangement or in any other unauthorized manner. Further, no license is
- granted to you in the human readable code of the Software (source code).
- Except as provided below, this License Agreement does not grant you any
- rights to patents, copyrights, trade secrets, trademarks, or any other
- rights in respect to the Software.
-
- The Software is licensed to be used on any computing device. You may
- reproduce and provide one (1) copy of such Software for each computing
- device on which such Software is used as permitted hereunder. Otherwise,
- the Software and supporting documentation may be copied only as
- essential for backup or archive purposes in support of your use of the
- Software as permitted hereunder. You must reproduce and include all
- copyright notices and any other proprietary rights notices appearing on
- the Software on any copies that you make.
-
- NO ASSIGNMENT; NO REVERSE ENGINEERING: You may transfer the Software and
- this License Agreement to another party if the other party agrees in
- writing to accept the terms and conditions of this License Agreement. If
- you transfer the Software, you must at the same time either transfer all
- copies of the Software as well as the supporting documentation to the
- same party or destroy any such materials not transferred. Except as set
- forth above, you may not transfer or assign the Software or your rights
- under this License Agreement.
-
- Modification, reverse engineering, reverse compiling, or disassembly of
- the Software is expressly prohibited. Analyzing the input to and output
- from the Software is expressly prohibited except when this is done
- solely to evaluate the subjective quality of the Software's visual and
- audio processes. You may not otherwise modify, alter, adapt, port, or
- merge the Software except as specified in this License Agreement.
-
- EXPORT RESTRICTIONS: You agree that you will not export or re-export the
- Software or accompanying documentation (or any copies thereof) or any
- products utilizing the Software or such documentation in violation of
- any applicable laws or regulations of the United States or the country
- in which you obtained them.
-
- TRADE SECRETS; TITLE: You acknowledge and agree that the structure,
- sequence and organization of the Software are the valuable trade secrets
- of DivXNetworks, Inc. and its suppliers. You agree to hold such trade
- secrets in confidence. You further acknowledge and agree that ownership
- of, and title to, the Software and all subsequent copies thereof
- regardless of the form or media are held by DivXNetworks, Inc. and its
- suppliers.
-
- TRADEMARKS AND COPYRIGHTS: "DivX" is a trademark of DivXNetworks, Inc.
- You may not remove, alter, deface, overprint, or otherwise obscure any
- DivXNetworks, Inc. trademark, service mark, or copyright notices
- included with this Software.
-
- 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. Such use may be permitted under another license,
- which must be separately agreed to by you and DivXNetworks, Inc.
-
- INTELLECTUAL PROPERTY: All intellectual property rights in and to this
- Software are and shall remain in DivXNetworks, Inc.
-
- TERM AND TERMINATION: This License Agreement is effective until
- terminated. You may terminate it at any time by destroying the Software
- and documentation together with all copies and merged portions in any
- form. It will also terminate immediately if you fail to comply with any
- term or condition of this License Agreement. Upon such termination you
- agree to destroy the Software and documentation, together with all
- copies and merged portions in any form.
-
- 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.
-
- LIMITED WARRANTY; LIMITATION OF LIABILITY: EXCEPT AS EXPRESSLY PROVIDED
- OTHERWISE IN A WRITTEN AGREEMENT BETWEEN DIVXNETWORKS, INC. AND YOU, THE
- SOFTWARE IS NOW PROVIDED "AS IS" 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,
- DIVXNETWORKS, INC. MAKES NO WARRANTY THAT (i) THE SOFTWARE WILL MEET
- YOUR REQUIREMENTS, (ii) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED,
- TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED
- FROM THE USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE, (iv) THE
- QUALITY OF THE SOFTWARE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN
- THE SOFTWARE WILL BE CORRECTED, AND/OR (vi) YOU MAY USE, PRACTICE,
- EXECUTE, OR ACCESS THE SOFTWARE 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
- TEXAS 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 SOFTWARE OR (B) THE SHORTEST PERIOD ALLOWED BY
- LAW IN THE APPLICABLE JURISDICTION IF A THIRTY (30) DAY LIMITATION WOULD
- BE UNENFORCEABLE; AND (2) THE SOLE LIABILITY OF DIVXNETWORKS, INC. FOR
- ANY BREACH OF ANY SUCH WARRANTY, GUARANTEE, REPRESENTATION, AND/OR
- CONDITION SHALL BE TO PROVIDE YOU WITH A NEW COPY OF THE SOFTWARE.
-
- IN NO EVENT SHALL DIVXNETWORKS, INC. 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 DIVXNETWORKS, INC. 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 SOFTWARE. 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 DivXNetworks, Inc.,
- 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.
-
- For information about commercial licensing please email licensing@divxnetworks.com
-
- DivXNetworks, Inc.
- 10350 Science Center Drive
- Building 14, Suite 140
- San Diego, California 92121
- 16 July 2001
-
-