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- End-User Agreement
-
- Software Products: Nero - Burning Rom, NeroMIX, InCD, NeroMAX, and/or Nero Express ("Software")
- Licensor: Ahead Software AG ("Ahead")
-
- The terms of your license agreement for the Ahead Software described above depend on whether you
- purchased the Software from:
- (1) an Ahead OEM partner; or
- (2) Ahead or an Ahead reseller.
-
- 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, you have received a copy of the Software from either Ahead or an Ahead reseller.
-
- MPEG Layer-3 audio compression technology licensed by Fraunhofer IIS and Thomson Multimedia.
-
- The AAC Plug-In is using the MP4 file format I/O library. This library is available under MPL from
- www.mpeg4ip.net.
-
- A. LICENSE TERMS AND CONDITIONS APPLICABLE TO SOFTWARE PURCHASED FROM OEM
- PARTNER
-
- This is a legal agreement between you, the end user, and Ahead Software AG, Im Stoeckmaedle 18, 76307
- Karlsbad, Germany ("Ahead").
- By opening the sealed Ahead Software, 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 Ahead Software and the accompanying
- items (including written materials and binders or other containers) to the place you obtained them for a full
- refund.
-
- I. Grant of license
- This Ahead license agreement (license) 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 time. If you have a
- multiple license for the Software, you may then have as many copies of the Software as you have licenses, in
- use at any time. 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
- in use. If the anticipated number of users of the Software will exceed the number of applicable licenses, then
- you must have a reasonable mechanism or process in place to assure that the number of persons using the
- Software concurrently does not exceed the number of licenses. Should one person use a computer on which
- the Software is permanently installed, either on the hard disk or other storage device of the computer (other
- than a network server), for more than 80% of the time it is in use, then that person may also use the
- Software on a portable or home computer.
- You are only licensed to use the Software if purchased as a bundle with CD/DVD-Recording hardware.
-
- II. Copyright
- The Software is owned by Ahead or its suppliers and is protected by copyright laws, international treaty
- provisions, and other national laws. Therefore, you must treat the Software like any other copyrighted
- material (e.g. a book) except that if the Software is not copy protected you may either
-
- (a) make one copy of the Software solely for backup or archival purposes,
-
- (b) or 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 transfer your rights under this Ahead license agreement
- on a permanent basis provided you transfer all copies of the Software and all written materials, and the
- recipient agrees to the terms of this agreement. You may not reverse engineer, decompile or disassemble
- the Software. Any transfer must include the most recent update and all prior versions.
- This Ahead license agreement (license) does not include the right to use the included MPEG Layer-3 audio
- compression technology for use in real time broadcasting (terrestrial, satellite, cable or other media) or
- broadcasting via Internet or other networks, such as but not limited to intranets etc. or in pay-audio or audio-
- on-demand applications.
-
- IV. Warranties
- AHEAD MAKES NO WARRANTIES TO YOU IN CONNECTION WITH THIS 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 suppliers 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 this Ahead product, 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 St÷ckmΣdle 18, 76307 Karlsbad, Germany.
-
- VII. Disclaimer
- THE AHEAD 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 AHEAD SOFTWARE.
-
- B. LICENSE TERMS AND CONDITIONS APPLICABLE TO SOFTWARE PURCHASED FROM AHEAD OR
- AN AHEAD RESELLER
-
- The license terms and conditions applicable to Software purchased from Ahead or an Ahead Reseller are
- exactly the same as set forth in Section A above, except that Section 1 (Grant of license) and 4 (Warranties)
- shall read as follows:
-
- I. Grant of license
- This Ahead license agreement (license) 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 time. If you have a
- multiple license for the Software, you may then have as many copies of the Software as you have licenses, in
- use at any time. 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
- in use. If the anticipated number of users of the Software will exceed the number of applicable licenses, then
- you must have a reasonable mechanism or process in place to assure that the number of persons using the
- Software concurrently does not exceed the number of licenses. Should one person use a computer on which
- the Software is permanently installed, either on the hard disk or other storage device of the computer (other
- than a network server), for more than 80% of the time it is in use, then that person may also use the
- Software on a portable or home computer.
-
- II. Warranties
- Ahead warrants that for a period of 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 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 which is
- returned to Ahead with a copy of your receipt. If failure of the Software has resulted from 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.
-
- Governing Law: This Agreement shall be governed by and interpreted in accordance with the laws of
- California, USA. If any dispute shall arise pursuant to any provision of this Agreement, said dispute shall be
- settled by arbitration in accordance with the rules and regulations of the courts, located at Delaware,
- California. In the event 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.
- If you have any questions concerning this license agreement, please contact us .
-
-