BEFORE YOU USE THE SOFTWARE DISTRIBUTED WITH THIS LICENSE AGREEMENT, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE AND DESTROY ALL COPIES OF THE SOFTWARE FROM YOUR COMPUTER.
This End User License Agreement is a legal agreement between you and Utopiasoft for the Utopiasoft software product(s) identified above which may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT").
1. GRANT OF LICENSE
The SOFTWARE PRODUCT is licensed as follows: Utopiasoft grants you (the "Customer") a non-exclusive, restricted right and license to use the accompanying SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is licensed, not sold. The SOFTWARE PRODUCT is licensed for use on a single computer. Customer may delete the SOFTWARE PRODUCT from one computer and reinstall it on another, but Customer may not install the SOFTWARE PRODUCT on more than one computer at any given time without purchasing additional licenses or prior written permission from Utopiasoft.
The SOFTWARE PRODUCT is protected by copyright law and international copyright treaty provisions, as well as other intellectual property laws and treaties. Customer must not allow copies of the SOFTWARE PRODUCT or any part of it to be made or distributed to anyone else. Customer may make backup copies of the SOFTWARE PRODUCT for archival purposes only.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
You must not remove or alter any copyright notices on all copies of the SOFTWARE PRODUCT.
Reproduction and/or redistribution of any portion of the SOFTWARE PRODUCT is specifically prohibited without the prior written permission of Utopiasoft.
You may not reverse engineer, de-compile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
The SOFTWARE PRODUCT may not be rented, leased, or in any other manner commercially exploited without the prior written permission of Utopiasoft.
You may permanently transfer all of your rights under this End User License Agreement, provided the recipient agrees to the terms of this End User License Agreement.
You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
3. TERMINATION
Without prejudice to any other rights, Utopiasoft may terminate this End User License Agreement if you fail to comply with the terms and conditions of this End User License Agreement. In such event, you must destroy all copies of the SOFTWARE PRODUCT and cease using the SOFTWARE PRODUCT.
4. COPYRIGHT
All title and ownership rights including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by Utopiasoft or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This End User License Agreement grants you no rights to use such content, and Utopiasoft disclaims any liability for misuse of such content. All rights not expressly granted are reserved by Utopiasoft.
5. NO WARRANTIES
UTOPIASOFT EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE PRODUCT. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.
UTOPIASOFT MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY ABOUT ANY CONTENT OR INFORMATION PLAYED BY THE SOFTWARE PRODUCT, FOR ANY PURPOSE. UTOPIASOFT MAY NOT SUPPORT THIS SOFTWARE PRODUCT AND MAY NOT ISSUE UPDATES TO THIS SOFTWARE PRODUCT.
UTOPIASOFT DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE PRODUCT IS FREE OF INFRINGEMENT OF ANY THIRD-PARTY PATENTS. COMMERCIAL IMPLEMENTATIONS OF MPEG-1 AND MPEG-2 DECODERS ARE SUBJECT TO ROYALTY FEES TO PATENT HOLDERS. MANY OF THESE PATENTS ARE GENERAL ENOUGH SUCH THAT THEY ARE UNAVOIDABLE REGARDLESS OF IMPLEMENTATION DESIGN, AND SOME MAY APPLY TO SOFTWARE IMPLEMENTATIONS.
6. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UTOPIASOFT OR ITS SUPPLIERS BE LIABLE FOR (A) DIRECT, 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 OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF UTOPIASOFT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) ANY CLAIM BY ANY OTHER PARTY THAN CUSTOMER. IN ANY CASE, UTOPIASOFT'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR US$5.00. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. HIGH RISK ACTIVITIES
The SOFTWARE PRODUCT is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the SOFTWARE PRODUCT could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Utopiasoft and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
8. MISCELLANEOUS
This End User License Agreement is governed by the laws of the State of New South Wales, Australia.
Should you have any questions concerning this End User License Agreement, or if you desire to contact Utopiasoft for any reason, please email info@utopiasoft.com.
