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- End-User Agreement
-
- Software Products: Nero Burning ROM, Nero Express, NeroVision Express,
- Nero BackItUp, Nero ShowTime, NeroMIX, Nero Media Player, InCD,
- Nero SoundTrax, Nero Wave Editor, Nero Cover Designer, Nero Toolkit,
- Nero ImageDrive, Nero StartSmart, Nero Recode, EasyWrite Reader ("Software")
- Licensor: Ahead Software AG ("Ahead")
-
- THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE "END USER", AND AHEAD SOFTWARE
- AG, IM STOECKMAEDLE 18, 76307 KARLSBAD, GERMANY.
-
- BY OPENING THE SEALED AHEAD SOFTWARE ON THE "EFFECTIVE DATE," YOU ARE
- AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE
- TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE SOFTWARE AND ALL THE
- ACCOMPANYING ITEMS (INCLUDING WRITTEN MATERIALS AND BINDERS OR OTHER
- CONTAINERS) TO THE PLACE YOU OBTAINED THEM FOR A FULL REFUND.
-
- IF THE TERMS OF THIS AGREEMENT COMPRISE AN OFFER BY AHEAD, THEN YOUR
- ACCEPTANCE IS EXPRESSLY LIMITED TO THE TERMS CONTAINED HEREIN.
-
- The terms of your license agreement ("Agreement") for the Software
- described above depend on whether you purchased the Software from:
- (1) an Ahead OEM partner; or
- (2) Ahead or an Ahead distributor.
-
- If the jewel box in which you received the Software includes the word "OEM"
- on its cover (or on the CD itself), you have acquired a copy of the
- Software from an Ahead OEM partner.
-
- If the jewel box in which you received the Software has only Ahead's label
- on it and does not include the word "OEM" on its cover (or on the CD
- itself), you have acquired a copy of the Software from either Ahead or an
- Ahead distributor.
-
- A. LICENSE TERMS AND CONDITIONS APPLICABLE TO SOFTWARE ACQUIRED FROM OEM
- PARTNER
-
- I. Grant of license
- This Agreement permits you to use one copy of the Software acquired with
- this license on any single computer ("OEM License"), provided the Software
- is in use on only one computer at any given time. If you have acquired a
- multiple license for the Software, then at any one time you may have in use
- up to as many copies of the Software as you have licenses. The Software is
- "in use" on a computer when it is loaded into the temporary memory or
- installed into the permanent memory (e.g. hard disk, CD ROM, or other
- storage device) of that computer, except that a copy installed on a network
- server for the sole purpose of distribution to other computers is not
- considered "in use". If the anticipated number of users of the Software
- might exceed the authorized number of applicable licenses, then you must
- have a reasonable mechanism or process in place to assure that the number
- of concurrent uses of the Software does not exceed the number of licenses.
-
- THE OEM LICENSE GRANTED HEREIN IS ONLY VALID IF ACQUIRED AS A BUNDLE WITH
- CD/DVD-RECORDING HARDWARE.
-
- II. Copyright
- The Software is owned by Ahead or its licensors and is protected by
- copyright laws, international treaty provisions, and other national laws.
- You agree that you have no right, title or interest in the Software, except
- as set forth in Subsection I. If the Software is not copy protected you
- may either
-
- (a) make one copy of the Software solely for backup or archival
- purposes, or
-
- (b) transfer the Software to a single hard disk provided you keep the
- original solely for backup or archival purposes.
- Product manual(s) or written materials accompanying the Software may not be
- copied.
-
- III. Other restrictions
- You may not rent or lease the Software, but you may permanently transfer
- your rights under this Agreement provided that: (i) you transfer all copies
- of the Software and all written materials; (ii) the recipient agrees to be
- bound by the terms of this Agreement; and (iii) you remove any and all
- copies of the Software from your computer and cease any further use of the
- Software. Any transfer must include the most recent update and all prior
- versions. You may not copy the Software except as expressly set forth
- above. You may not reverse engineer, decompile or disassemble the Software,
- and you are not allowed to post or otherwise make the Software available on
- the World Wide Web. If you did not acquire the Software in its original
- packaging and you are not a transfer recipient under this subsection, you
- are not licensed to use the Software.
-
- IV. Warranties
- AHEAD MAKES NO WARRANTIES TO YOU IN CONNECTION WITH THIS OEM LICENSE,
- INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND
- FITNESS FOR A PARTICULAR PURPOSE. The party from whom you purchased the
- product with which this Software has been bundled may have warranty and/or
- support obligations to you.
-
- V. No liability for consequential damages
- In no event shall Ahead or its licensors be liable for any other damages
- whatsoever (including, without limitation, damages for loss of business
- profits, business interruption, loss of business information, or other
- pecuniary loss) arising out of the use of or inability to use the Software,
- even if Ahead has been advised of the possibility of such damages.
-
- VI. U.S. Government Restricted Rights
- Any use of the Ahead Software by the U.S. Government is conditioned upon
- the Government agreeing that the Software is subject to Restricted Rights
- as provided under the provisions set forth in subdivision (c)(1)(ii) of
- Clause 252.227-7013 of the Defense Federal Acquisition Regulations
- Supplement, or the similar acquisition regulations of other applicable U.S.
- Government organizations. The Contractor/Manufacturer is Ahead Software
- AG, Im Stoeckmaedle 18, 76307 Karlsbad, Germany.
-
- VII. Disclaimer
- THE SOFTWARE IS DESIGNED TO ASSIST YOU IN REPRODUCING MATERIAL IN WHICH YOU
- OWN THE COPYRIGHT OR HAVE OBTAINED PERMISSION TO COPY FROM THE COPYRIGHT
- OWNER. UNLESS YOU OWN THE COPYRIGHT OR HAVE PERMISSION TO COPY FROM THE
- COPYRIGHT OWNER, YOU MAY BE VIOLATING COPYRIGHT LAW AND BE SUBJECT TO
- PAYMENT OF DAMAGES AND OTHER REMEDIES. IF YOU ARE UNCERTAIN ABOUT YOUR
- RIGHTS, YOU SHOULD CONTACT YOUR LEGAL ADVISOR. YOU ASSUME FULL
- RESPONSIBILITY FOR THE LEGAL AND RESPONSIBLE USE OF THE SOFTWARE.
-
-
- B. LICENSE TERMS AND CONDITIONS APPLICABLE TO SOFTWARE ACQUIRED FROM
- AHEAD OR AN AHEAD DISTRIBUTOR
-
- The license terms and conditions applicable to Software purchased from
- Ahead or an Ahead Distributor are exactly the same as set forth in Section
- A above, except that Subsection I (Grant of license) and Subsection IV
- (Warranties) shall read as follows:
-
- I. Grant of license
- This Agreement permits you to use one copy of the Software acquired with
- this license on any single computer, provided the Software is in use on
- only one computer at any given time. If you have acquired a multiple
- license for the Software, then at any one time you may have in use up to as
- many copies of the Software as you have licenses. The Software is "in use"
- on a computer when it is loaded into the temporary memory or installed into
- the permanent memory (e.g. hard disk, CD ROM, or other storage device) of
- that computer, except that a copy installed on a network server for the
- sole purpose of distribution to other computers is not considered "in
- use". If the anticipated number of users of the Software might exceed the
- authorized number of applicable licenses, then you must have a reasonable
- mechanism or process in place to assure that the number of concurrent uses
- of the Software does not exceed the number of licenses.
-
- II. Warranties
- Ahead warrants that for a period of ninety (90) days from the date of
- receipt, the Software will perform substantially in accordance with the
- accompanying documentation. Any implied warranties on the Software are
- limited to 90 days or the shortest period permitted by applicable law,
- whichever is greater. Ahead`s entire liability and your exclusive remedy
- for a breach of this warranty shall be, at Ahead`s sole option, either (a)
- return of the price paid or (b) repair or replacement of the Software that
- does not meet Ahead`s limited warranty and that is returned to Ahead with a
- copy of your receipt. If failure of the Software is the result of
- accident, abuse, or misapplication, this limited warranty shall be void.
- Any replacement Software will be warranted for the remainder of the
- original warranty period or 30 days, whichever is longer. AHEAD MAKES NO
- OTHER WARRANTIES TO YOU IN CONNECTION WITH THIS LICENSE, INCLUDING BUT NOT
- LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
- PARTICULAR PURPOSE.
-
-
- C. TERMS AND CONDITIONS APPLICABLE TO ALL LICENSES
-
- I. Third Party Disclaimer and Limitations
-
- a.) WM-DRM: Content providers are using the Microsoft digital rights
- management technology for Windows Media distributed with this Software
- ("WM-DRM") to protect the integrity of their content ("Secure Content") so
- that their intellectual property, including copyright, in such content is
- not misappropriated. Portions of this Software and other third party
- applications use WM-DRM to play Secure Content ("WM-DRM Software"). If the
- WM-DRM Software's security has been compromised, owners of Secure Content
- ("Secure Content Owners") may request that Microsoft revoke the WM-DRM
- Software's right to copy, display and/or play Secure Content. Revocation
- does not alter the WM-DRM Software's ability to play unprotected content. A
- list of revoked WM-DRM Software is sent to your computer whenever you
- download a license for Secure Content from the Internet. Microsoft may, in
- conjunction with such license, also download revocation lists onto your
- computer on behalf of Secure Content Owners. Secure Content Owners may also
- require you to upgrade some of the WM-DRM components distributed with this
- Software ("WM-DRM Upgrades") before accessing their content. When you
- attempt to play such content, WM-DRM Software built by Microsoft will
- notify you that a WM-DRM Upgrade is required and then ask for your consent
- before the WM-DRM Upgrade is downloaded. Non-Microsoft WM-DRM Software may
- do the same. If you decline the upgrade, you will not be able to access
- content that requires the WM-DRM Upgrade; however, you will still be able
- to access unprotected content and Secure Content that does not require the
- upgrade. WM-DRM features that access the Internet, such as acquiring new
- licenses and/or performing a required WM-DRM Upgrade, can be switched off.
- When these features are switched off, you will still be able to play Secure
- Content if you have a valid license for such content already stored on your
- computer.
-
- b.) MPEG-2: Any use of this product other than consumer personal use in any
- manner that complies with the MPEG-2 Standard for encoding video
- information for packaged media is prohibited without a license under
- applicable patents in the MPEG-2 Patent Portfolio, which license is
- available from MPEG LA L.L.C., 250 Steele Street, Suite 300, Denver,
- Colorado 80206, USA.
-
- c.) MPEG-4: Use of this product in any manner that complies with the MPEG-4
- Visual Standard is prohibited, except for use by a consumer engaging in
- personal and non-commercial activities.
-
- d.) MP3 and mp3PRO: Supply of this product only conveys a license for
- private, non-commercial use and does not convey a license nor imply any
- right to use this product in any commercial (i.e. revenue-generating) real
- time broadcasting (terrestrial, satellite, cable and/or any other media),
- broadcasting / streaming via Internet, intranets and/or other networks or
- in other electronic content distribution systems, such as pay-audio or
- audio-on-demand applications. An independent license for such use is
- required. For details, please visit www.mp3licensing.com.
-
- e.) Dolby: Supply of this implementation of Dolby Technology does not
- convey a license nor imply a right under any patent, or any other
- industrial or intellectual property right of Dolby Laboratories, to use
- this implementation in any finished end-user or ready-to-use final product.
- It is hereby notified that a license for such use is required from Dolby
- Laboratories.
- Confidential information - Limited distribution to authorized persons only.
- This Dolby Software is protected under U.S. copyright laws as an
- unpublished work. They are confidential and proprietary to Dolby
- Laboratories. Their reproduction or disclosure, in whole or in part, or the
- production of derivative works therefrom without the express permission of
- Dolby Laboratories is prohibited. Do not copy. Copyright 1992-1999 Dolby
- Laboratories, Inc. All rights reserved.
-
- f.) aac: The aac Plug-In is using the MP4 file format I/O library. This
- library is available under MPL from www.mpeg4ip.net. aacPlus developed by
- Coding Technologies ("CT"). www.codingtechnologies.com Trademarks of CT are
- the property of CT.
-
- II. Governing Law: This Agreement shall be governed by and interpreted in
- accordance with the internal laws of California, USA. If any dispute shall
- arise pursuant to any provision of this Agreement, said dispute shall be
- settled by binding arbitration in accordance with the rules and regulations
- of the state courts, located in Los Angeles, California. If any term or
- provision of this Agreement shall be declared invalid in arbitration or by
- a court of competent jurisdiction, such invalidity shall be limited solely
- to the specific term or provision invalidated, and the remainder of this
- Agreement shall remain in full force and effect, according to its terms.
- Any provision declared invalid shall be modified to the fullest extent
- possible to reflect the parties' intent as of the Effective Date.
-
- Copyright (c) 1996-2003 Ahead Software AG and its licensors. All rights
- reserved.
-
- Portions of the Software utilize Microsoft Windows Media Technologies.
- Copyright (c) 1999-2002. Microsoft Corporation. All Rights Reserved. This
- product contains portions of imaging code owned by Pegasus Software
- LLC, Tampa, FL (WWW.PEGASUSTOOLS.COM). Virus-checker is copyright (c) by
- Igor Daniloff, 1992-2003.
-
- "Nero" is a trademark of Ahead Software AG. Windows is a registered
- trademark of Microsoft Corporation. Windows Media and the Windows logo are
- trademarks or registered trademarks of Microsoft Corporation in the United
- States and/or other countries. The word "Dolby" and the double-D symbol are
- trademarks of Dolby Laboratories. The Names "YAMAHA", "SoundVQ" are
- trademarks of YAMAHA Corporation. SoundVQ software copyright 1999 Yamaha
- Corporation. All Rights Reserved. The Name "TwinVQ" is a trademark of
- Nippon Telegraph and Telephone Corporation. Other product and brand names
- may be trademarks of their respective owners. Manufactured under license
- from Dolby Laboratories. MPEG Layer-3 audio compression technology licensed
- by Fraunhofer IIS and THOMSON. mp3PRO audio compression technology licensed
- by Coding Technologies, Fraunhofer IIS and THOMSON.
-
- Ahead reserves the right to change specifications without notice. Use of
- this product is subject to the acceptance of the End User license agreement
- upon installation of the Software. www.nero.com.
- If you have any questions concerning this Agreement, please contact us.
-
-