Minami 48/MINAMI48.ISO/Extra/DivX511.exe/€/DivX Codec/License.txt

Text File | 2004-02-25 | 8KB | 138 lines

DIVXNETWORKS, INC. 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 DIVXNETWORKS,
INC., 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: DivXNetworks, Inc. (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.

NO COMMERCIAL USE: This License Agreement grants you the right to use the
Software for personal use only. Commercial use of the Software or of the work
products resulting from its use is not permitted under this License Agreement.

NO TRANSCODING: You are prohibited from using this Software with a commercial
software or hardware product ("Commercial Product") whose purpose is to
"transcode" or convert DivX video content into an alternate video format.
A Commercial Product is one that directly or indirectly generates revenue for
its author and/or publisher.

RESTRICTIONS:

(a)  You are expressly prohibited from copying, modifying, merging, selling,
leasing, redistributing, assigning, or transferring in any matter, Licensed
Works or any portion thereof.

(b)  You may take a single copy of materials within the package or otherwise
related to Licensed Works only as required for backup purposes.

(c)  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.

(d)  You may not remove, alter, deface, overprint or otherwise obscure
Licensor patent, trademark, service mark or copyright notices.

(e)  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.

(f)  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.

GOVERNING LAW: This License Agreement shall be governed by the laws of the
State of California and by the laws of the United States, excluding their
conflicts of law principles. The United Nations Convention on Contracts for
the International Sale of Goods (1980) is hereby excluded in its entirety from
application to this License Agreement.

WARRANTIES AND DISCLAIMER:

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN LICENSOR
AND YOU, THE LICENSED WORKS ARE NOW PROVIDED ╥AS IS╙ 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, AND/OR (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 CALIFORNIA 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) LICENSOR╒S 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 NOTWITHSTANDING 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 DivXNetworks, Inc., supersedes all prior
agreements, whether written or oral, with respect to the Software, and may be
amended only in a writing signed by both parties.

DivXNetworks, Inc.
10350 Science Center Drive
Building 14, Suite 140
San Diego, California 92121
8 August 2003