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- Advanced Encode Decode Tools : the License
- ==========================================
-
- The Advanced Encode Decode Tools is shareware.
-
-
- END-USER LICENSE AGREEMENT
-
- This End-User License Agreement ("EULA") is a legal agreement
- between you, either an individual or a single entity ("Customer"
- or "you"), and MediaTwins s.r.o. By installing, copying, or otherwise
- using the above software product, including computer software,
- associated media, any printed materials, and any "online" or
- electronic documentation (the "Software"), you agree to be bound
- by the terms of this EULA.
-
- 1. GRANT OF LICENSE
-
- The Software is protected by copyright laws and international copyright
- treaties, as well as other intellectual property laws and treaties. The
- Software is licensed, not sold. Any rights not explicitly granted under
- this EULA are hereby reserved. Provided you have paid all applicable fees
- and registered the Software with MediaTwins s.r.o., the EULA grants you the
- following personal, non-exclusive, non-transferable rights:
-
- (a) You may use the Software on any single computer; use the Software on
- a network, provided that each person accessing the Software through
- the network must have a copy licensed to that person; use the Software
- on a second computer so long as only one copy is used at a time; or
- copy the Software for archival purposes, provided any copy must contain
- all of the original Software's proprietary notices.
-
- (b) You may not decompile, disassemble, extract or otherwise reverse engineer
- any of the Software. You shall not have the right to obtain or use any
- source code for the Software, nor copy, reproduce, or distribute the
- Software except as provided above. You agree not to rent or lease the
- Software, nor use the Software to render time sharing or service bureau
- services. You may not use the Software in a software production "foundry"
- environment to make third party software ready for manufacture or
- installation, except for your internal use.
-
- 2. WARRANTY, REMEDY AND LIMITATIONS
-
- (a) MediaTwins s.r.o. warrants only that the Software will perform in substantial
- accordance with the accompanying user manual for thirty (30) days
- following your receipt of the Software.
-
- (b) Some states do not allow certain warranty limitations, so the restrictions
- of this Section 2 will apply only to the full extent permitted by
- applicable law.
-
- (c) EXCEPT AS PROVIDED ABOVE, THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT
- WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF
- MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Customer assumes
- all risks as to selection, quality, installation, results and
- performance. MediaTwins s.r.o. does not warrant that the Software will meet
- Customer's requirements or that the operation of the Software will be
- uninterrupted or error free.
-
- (d) NEITHER MediaTwins s.r.o. NOR ANY OF ITS SUPPLIERS SHALL BE LIABLE FOR ANY
- SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
- (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS OR PROFITS, BUSINESS
- INTERRUPTION OR DELAY, OR LOSS OR INABILITY TO USE DATA), EVEN IF
- MediaTwins s.r.o. OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY
- OF SUCH DAMAGES. REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THIS
- AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL MediaTwins s.r.o.'S
- LIABILITY UNDER THIS AGREEMENT EXCEED THE SUM OF ANY AMOUNTS PAID
- HEREUNDER BY CUSTOMER TO MediaTwins s.r.o.
-
- (e) You acknowledge and agree that in order to protect the integrity of
- certain third party content, Company or its licensors may provide for
- the Software security related updates that will be automatically
- downloaded and installed on your computer. Such security related updates
- may impair the Software (and any other software on your computer which
- specifically depends on the Software) including disabling your ability
- to copy and/or play "secure" content, i.e. content protected by digital
- rights management. In such an event, Company and/or its licensors shall
- use reasonable efforts to promptly post notices on Company web site
- explaining the security update and providing instructions to end-users
- for obtaining new versions or further updates of the Software that
- restore access to secure content and related features
-
- 3. TERMINATION
-
- The license will terminate automatically if Customer fails to comply with
- the terms, conditions or limitations contained in this EULA, including the
- payment of applicable license or other fees. On termination, Customer shall,
- at MediaTwins s.r.o.'s option, either return to MediaTwins s.r.o. or destroy all copies
- of the Software, including documentation. Otherwise, this EULA shall remain
- in force until terminated. Customer may terminate this EULA at any time
- (with no obligation on the part of MediaTwins s.r.o.) by destroying all copies of
- the Software and providing notice there of to MediaTwins s.r.o.. The disclaimer of
- warranty and limitations on liability contained in Section 2 and shall
- continue in force even after your rights to use the Software are terminated.
-
- 4. UPGRADES
-
- If the Software is designated by MediaTwins s.r.o. as an "Upgrade" product, then
- you may only use the Software if you are also currently a licensed user of
- the base product to which the Upgrade applies. Unless the MediaTwins s.r.o.
- documentation for an Upgrade specifically provides, you may not separate
- upgrade products from base products, nor transfer them separately.
- MediaTwins s.r.o. reserves the sole and exclusive right to set its policies and
- prices regarding updates, upgrades and enhancements. All other terms of this
- EULA apply with equal force to Upgrades.
-
- 5. DEMO/TRIAL/SHAREWARE VERSIONS
-
- If MediaTwins s.r.o. designates the Software as a "Demo/Trial/Shareware" version,
- then Customer's license rights under this EULA shall extend solely for a 30
- day evaluation period, during which Customer's use is restricted solely to
- permit Customer to determine whether to purchase an ongoing license to the
- Software. Customer may make a reasonable number of copies of the Demo
- version of this Software, including documentation, for internal distribution,
- provided that any such copies are unmodified and exact. Customer is
- specifically prohibited from charging or requesting donations for any such
- copies; and from distributing Demo versions of the Software to third parties
- without prior written permission. Unregistered use of the Software, including
- documentation, beyond the 30 day evaluation period violates federal copyright
- laws. Demo versions are provided strictly on an "as is" basis and Section 2(a)
- does not apply.
-
- 6. GENERAL
-
- This EULA shall be governed by and construed under the substantive laws of
- the State of Michigan, United States of America, without regard to choice of
- law provisions. If any provision of this EULA is held to be unenforceable,
- the enforceability of the remaining provisions shall in no way be affected
- or impaired thereby.
-
- 7. U.S. GOVERNMENT RESTRICTED RIGHTS
-
- If Customer is acquiring the Software, including documentation on behalf of
- the U.S. Government, the following provisions apply.
-
- The Software and Documentation are "commercial items" as defined in
- 48 C.F.R. 2.101 (Oct. 1995)
- Consisting of "commercial computer software" and "commercial computer
- software documentation" as used in 48 C.F.R. 12.212 (Sept. 1995) and
- 48 C.F.R. 227-7202 (June 1995)
- Use, reproduction, or disclosure by the U.S. Government is subject to
- the restrictions of this license and 48 C.F.R. 52.227-19(c) (June 1987),
- 48 C.F.R. 1852.227-86(d) or similar or successor provisions as applicable.
-