This License Agreement (this "Agreement") is a legal agreement between you and Vidomi, Inc., a California corporation ("Vidomi") for the accompanying software, Vidomi, and "online" or electronic documentation (collectively, the "Product"). By installing or using the Product, you agree to be bound by the terms of this Agreement. If you do not agree to all of the terms of this agreement, cancel the installation of this Product and delete all copies from your computer.
LICENSE:
1. The Product is licensed, not sold. The Product is protected by copyright law and international copyright treaty provisions, as well as other intellectual property laws and treaties. You must not allow copies of the Product or any part of it to be made or distributed to anyone else. You may make backup copies of the software for archival purposes only.
2. Vidomi grants to you a non-exclusive, non-sublicensable license to use the Product for your own use only.
3. The Product is licensed for use on a single session of a single computer.
4. The Product is licensed for personal use only and may not be used for any commercial purpose.
5. The Product may not be rented, leased, or in any other manner commercially exploited without prior written permission of Vidomi.
6. The Product in source code form is confidential and Vidomi's protected trade secret, and you may not attempt to reverse engineer, decompile, disassemble or otherwise decipher any portion of the Product. Reproduction and/or redistribution of any portion of the Product is specifically prohibited in the absence of a separate written agreement with Vidomi.
The encoder.exe part of the Product is licensed to you under the GNU GPL 2.0 license. The terms of paragraphs 1 through 5 of this license agreement, which cover this Product, do not apply to the encoder.exe. For terms of the license applicable to encoder.exe, please consult http://www.gnu.org/coplyleft/gpl.html. The source code for the encoder.exe is available at www.vidomi.com.
7. The Product automatically communicates with Vidomi's servers on the Internet to check for updates to the Product, such as bug fixes, patches, enhanced functions, and new versions. Vidomi may notify you when updates or new versions are available. Such automatic communications features do not send any personally identifiable information about you. You are responsible for any telecommunications or other connectivity charges incurred through your use of the Product
8. All video, audio, and other content accessed through the Product is the property of the applicable content owner and may be protected by applicable copyright law, including the Digital Millenium Copyright Act. This Agreement gives you no rights to such content and you may not use the Product to manipulate content which is copyrighted unless
specifically authorized by the legitimate content owner. Nor may you use the Product to manipulate content on which technological means adopted by content owners to protect the copyrighted content (including encryption) has been circumvented or otherwise defeated if prohibited by law. Any such use will terminate this license.
9. If you use the Product to create or distribute audio, video, or other content, Vidomi is not responsible for such content, and you are solely responsible for the property rights, legality, and regulation of all such content, including but not limited to issues of copyright ownership and obscenity regulation worldwide.
10. Vidomi retains all ownership and intellectual property rights in and to the Product. You agree to abide by the copyright law and all other applicable laws of the United States, including those relating to United States export controls. You agree not to ship or re-export any portion of the Product to any destination to which it could not lawfully have been exported originally under those export controls.
11. This Product is intended for use only with properly licensed media, content, and content creation tools. It is your responsibility to ascertain whether any copyright, patent or other licenses are necessary and to obtain any such licenses to serve and/or create, compress or download such media and content. You agree to record, play back and download only those materials for which you have the necessary patent, copyright and other permissions, licenses, and/or clearances. You agree to hold harmless, indemnify and defend Vidomi, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims that you have (i) viewed, downloaded, encoded, compressed, copied or transmitted any materials (other than materials provided by Vidomi) in connection with the Software in violation of another party's rights or in violation of any law, or (ii) violated any terms of this License Agreement. If you are importing the Software from the United States, you shall indemnify and hold Vidomi harmless from and against any import and export duties or other claims arising from such importation.
12. Vidomi may terminate this Agreement at any time by delivering notice to you, and you may terminate this Agreement at any time by removing all copies of the Product from your computer and destroying all Product materials. However, Sections 4 through 12 of this Agreement shall indefinitely survive its termination. This Agreement is personal to you and you agree not to assign your rights under it. This Agreement shall be governed by and construed in accordance with the laws of the State of California and by U.S. federal law relating to intellectual property in general, and to copyrights, patents, and trademarks in particular. You agree to submit all disputes to the exclusive jurisdiction of courts or tribunals, whether state or federal, located within the territorial boundaries of the state of California
13. The Product is covered solely by the accompanying Vidomi Limited Warranty. THE PRODUCT IS PROVIDED WITHOUT ANY OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
14. VIDOMI SHALL NOT BE LIABLE: (A) FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR INDIRECT DAMAGES OF ANY SORT WHATSOEVER, WHETHER ARISING IN TORT, CONTRACT, OR OTHERWISE (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS, REVENUES, OR INFORMATION, OR FOR BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OF THE PRODUCT OR YOUR INABILITY TO USE THE PRODUCT, EVEN IF VIDOMI HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) FOR ANY CLAIM BY ANY PARTY OTHER THAN YOU. IN NO EVENT SHALL VIDOMI'S LIABILITY TO YOU EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR THE PRODUCT. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
15. The Product is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government or any of its agencies or instrumentalities is subject to the restrictions set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or in subdivision (c)(1) and (c)(2) of the Commercial Computer Software -- Restricted Rights clause at 48 CFR 52.227-19, as applicable. Manufacturer/contractor is Vidomi, Inc., 1011 Pacific Street, San Luis Obispo, CA 93401.
"Vidomi" is a registered trademark, and all logo and graphic designs are trademarks of Vidomi, Inc.
Other product and company names appearing in Vidomi, Inc., products and materials are used for identification purposes only and may be trademarks or registered trademarks of their respective companies. Registered and unregistered trademarks used in any Vidomi, Inc. products and materials are the exclusive property of their respective owners.
Copyright (c) 2001 Vidomi, Inc. All rights reserved.
