Do not install or use the software until you have read and accepted all of the license terms. Permission to use the software is conditional upon your agreeing to the license terms. Installation or use of the software by you will be deemed to be acceptance of the license terms. Acceptance will bind you to the license terms in a legally enforceable contract with CyberLink Corp.
SOFTWARE LICENSE AND LIMITED WARRANTY
This is an agreement between you, the end user, and CyberLink Corp. ("CyberLink"). By using this software, you are agreeing to become bound by the terms of this agreement.
If you agree to abide by these conditions, please click "Yes". IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THIS SOFTWARE. PROMPTLY REMOVE IT FROM YOUR COMPUTER.
GRANT OF LICENSE. CyberLink, as licensor, grants to you, the licensee, a non-exclusive right to use this TalkingShow program (hereinafter the "SOFTWARE") in accordance with the terms contained in this license. This Professional version SOFTWARE allows you to install it on TWO workstations and to upload or store the digital works created by the use of the same on FIVE Internet web sites. The definition of an Internet web site is the combination of web pages under one single domain name.
OWNERSHIP OF SOFTWARE. CyberLink retains the copyright, title and ownership of the SOFTWARE and the written materials regardless of the form or media in or on which the original and other copies may exist.
USE OF PICTURES LICENSED BY THIRD PARTIES. You may use pictures installed in the SOFTWARE to demonstrate your work created by the use of the SOFTWARE; provided that you should not use the pictures in any illegal or immoral manners, nor shall you grant your right to use to any third party.
LIMITED WARRANTY. CyberLink warrants the media on which the SOFTWARE is furnished to be free of defects in material and workmanship, under normal use, for a period of ninety (90) days following the date of delivery to you. In the event of defects, CyberLink's sole liability shall be to replace the defective media which has been returned to CyberLink or the supplier with your dated invoice and is shown to be defective. In the event that CyberLink is unable to replace defective media, CyberLink shall refund your money upon your termination of this license.
THIS SOFTWARE AND ACCOMPANYING DOCUMENTATAION (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, FURTHER, CYBERLINK DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE, OF THE SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. IF THE SOFTWARE OR WRITTEN MATERIALS ARE DEFECTIVE YOU, AND NOT CYBERLINK OR ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
CYBERLINK DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDLESS OF WHETHER IT IS MADE BY CYBERLINK, ON THIS CYBERLINK PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CYBERLINK, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
NEITHER CYBERLINK NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT EVEN IF JASC HAS BEEN ADVISED OF THE POSSBILITY OF SUCH DAMAGES.
Should any other warranties be found to exist, such warranties shall be limited in duration to ninety (90) days following the date of delivery to you. In no event will CyberLink's's liability for any damages to you or any other person exceed the amount paid for the license to use the SOFTWARE.
This license shall be governed and construed in accordance with the laws of Taiwan and shall benefit CyberLink, its successors and assigns.
Any claim or dispute between you and CyberLink or against any agent, employee, successor or assign of CyberLink, whether related to this agreement or otherwise, and any claim or dispute related to this agreement or the relationship or duties contemplated under this agreement, including the validity of this arbitration clause, shall be resolved in Taipei, Taiwan, pursuant to the Taiwan Arbitration Act. This agreement constitutes the entire agreement between the end user and CyberLink Corp.
