home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
PC World 2007 April
/
PCWorld_2007-04_cd.bin
/
audio-video
/
thecore
/
tcmp4.exe
/
License.txt
< prev
next >
Wrap
Text File
|
2003-01-19
|
7KB
|
126 lines
CORECODEC, END-USER LICENSE AGREEMENT
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE
USING THIS PRODUCT. IT CONTAINS SOFTWARE, THE USE OF WHICH IS LICENSED
BY CORECODEC., TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET FORTH BELOW.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO
NOT USE THE SOFTWARE. USING ANY PART OF THE SOFTWARE INDICATES THAT YOU
ACCEPT THESE TERMS.
GRANT OF LICENSE: CORECODEC. (the "Licensor") grants to you this
personal, limited, non-exclusive, non-transferable, non-assignable license
solely to use in a single copy of the Licensed Works on a single computer
for use by a single concurrent user only, and solely provided that you
adhere to all of the terms and conditions of this Agreement. The foregoing
is an express limited use license and not an assignment, sale, or other
transfer of the Licensed Works or any Intellectual Property Rights of Licensor.
ASSENT: By opening the file package containing this software, you agree that
this Agreement is a legally binding and valid contract, agree to abide by
the intellectual property laws and all of the terms and conditions of this
Agreement, and further agree to take all necessary steps to ensure that the
terms and conditions of this Agreement are not violated by any person or
entity under your control or in your service.
OWNERSHIP OF SOFTWARE: The Licensor and/or its affiliates or subsidiaries
own certain rights that may exist from time to time in this or any other
jurisdiction, whether foreign or domestic, under patent law, copyright law,
publicity rights law, moral rights law, trade secret law, trademark law,
unfair competition law or other similar protections, regardless of whether
or not such rights or protections are registered or perfected (the
"Intellectual Property Rights"), in the computer software and hardware,
together with any related documentation (including design, systems and user)
and other materials for use in connection with such computer software
in this package (collectively, the "Licensed Works").
ALL INTELLECTUAL PROPERTY RIGHTS IN AND TO THE LICENSED WORKS ARE AND SHALL
REMAIN IN LICENSOR.
RESTRICTIONS:
(I) You are expressly prohibited from copying, modifying, merging, selling,
leasing, redistributing, assigning, or transferring in any matter, Licensed
Works or any portion thereof.
(II) You may take a single copy of materials within the package or
otherwise related to Licensed Works only as required for backup purposes.
(III) You are also expressly prohibited from reverse engineering,
decompiling, translating, disassembling, deciphering, decrypting, or otherwise
attempting to discover the source code of the Licensed Works as the Licensed
Works contain proprietary material of Licensor. You may not otherwise modify,
alter, adapt, port, or merge the Licensed Works.
(IV) You may not remove, alter, deface, overprint or otherwise obscure
Licensor patent, trademark, service mark or copyright notices.
(V) You agree that the Licensed Works will not be shipped, transferred or
exported into any other country, or used in any manner prohibited by any
government agency or any export laws, restrictions or regulations.
(VI) You may not publish or distribute in any form of electronic or printed
communication the materials within or otherwise related to Licensed Works,
including but not limited to the object code, documentation, help files,
examples, and benchmarks.
TERM: This Agreement is effective until terminated. You may terminate this
Agreement at any time by uninstalling the Licensed Works and destroying all
copies of the Licensed Works. Upon any termination, you agree to uninstall
the Licensed Works and return or destroy all copies of the Licensed Works,
any accompanying documentation, and all other associated materials.
WARRANTIES AND DISCLAIMER:
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN LICENSOR
AND YOU, THE LICENSED WORKS ARE NOW PROVIDED WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE
WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LICENSOR
MAKES NO WARRANTY THAT:
(I) THE LICENSED WORKS WILL MEET YOUR REQUIREMENTS,
(II) THE USE OF THE LICENSED WORKS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.
(III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LICENSED WORKS WILL BE ACCURATE OR RELIABLE.
(IV) THE QUALITY OF THE LICENSED WORKS WILL MEET YOUR EXPECTATIONS.
(V) ANY ERRORS IN THE LICENSED WORKS WILL BE CORRECTED
(VI) YOU MAY USE, PRACTICE, EXECUTE, OR ACCESS THE LICENSED WORKS WITHOUT VIOLATING THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES
OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU. IF TEXAS LAW IS NOT HELD TO APPLY TO THIS
AGREEMENT FOR ANY REASON, THEN IN JURISDICTIONS WHERE WARRANTIES, GUARANTEES,
REPRESENTATIONS, AND/OR CONDITIONS OF ANY TYPE MAY NOT BE DISCLAIMED, ANY
SUCH WARRANTY, GUARANTEE, REPRESENATION AND/OR WARRANTY IS: (1) HEREBY LIMITED
TO THE PERIOD OF EITHER (A) THIRTY (30) DAYS FROM THE DATE OF OPENING THE PACKAGE
CONTAINING THE LICENSED WORKS OR (B) THE SHORTEST PERIOD ALLOWED BY LAW IN THE
APPLICABLE JURISDICTION IF A THIRTY (30) DAY LIMITATION WOULD BE UNENFORCEABLE;
AND (2) SOLE LIABILITY FOR ANY BREACH OF ANY SUCH WARRANTY, GUARANTEE,
REPRESENTATION, AND/OR CONDITION SHALL BE TO PROVIDE YOU WITH A NEW COPY OF THE
LICENSED WORKS.
IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR
ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS
OF USE, DATA OR PROFITS, WHETHER OR NOT LICENSOR HAD BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION
WITH THE USE OF THE LICENSED WORKS. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS SHALL APPLY NOT WITHSTANDING
ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SEVERABILITY: In the event any provision of this License Agreement is found
to be invalid, illegal or unenforceable, the validity, legality and
enforceability of any of the remaining provisions shall not in any way be
affected or impaired and a valid, legal and enforceable provision of similar
intent and economic impact shall be substituted therefor.
ENTIRE AGREEMENT: This License Agreement sets forth the entire
understanding and agreement between you and CoreCodec., and supersedes
all prior agreements, whether written or oral, with respect to the Software,
and may be amended only in writing signed by both parties.
CORECODEC
3005 Grant Street
Suite #3
Wall, New Jersey, 07719
license@corecodec.com