Personal Computer World 2006 February/PCWFEB06.iso/Software/Freeware/Exsate DV Capture Live 1.0/dvcsetup.exe/embedded/License.txt

Text File | 2005-11-04 | 9KB | 185 lines

END-USER LICENSE AGREEMENT FOR EXSATE DV CAPTURE LIVE

NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL
AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS
AGREEMENT, DO NOT INSTALL AND/OR USE THIS SOFTWARE.
USER'S USE OF THIS SOFTWARE IS CONDITIONED UPON
COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT.

IMPORTANT-READ CAREFULLY: This Exsate DV Capture Live End-User License
Agreement ("EULA") is a legal AGREEMENT between you and Exsate Software
("Exsate") for the Exsate DV Capture Live software product identified
above, which product includes computer software and may include
associated media, printed materials, and "online" or electronic
documentation ("SOFTWARE PRODUCT"). By installing, copying, or
otherwise using the SOFTWARE PRODUCT, you agree to be bound by
the terms of this EULA.


SOFTWARE PRODUCT LICENSE

The SOFTWARE PRODUCT is protected by copyright laws and international
copyright treaties, as well as other intellectual property laws and
treaties. The SOFTWARE PRODUCT is licensed, not sold.


1. GRANT OF LICENSE.
This EULA grants you, the computer software end-user, the following
non-exclusive rights:

   * Applications Software. The SOFTWARE PRODUCT may be used only by
     you. You may install and use one copy of the SOFTWARE PRODUCT,
     or any prior version thereof for the same operating system, on
     a single computer.

   * License Pack. If you have acquired this EULA in an Exsate
     DV Capture Live License Pack, you may make the number of additional
     copies of the computer software portion of the SOFTWARE PRODUCT
     identified above on this EULA, and you may use each copy in the
     manner specified above.


2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

   * The SOFTWARE PRODUCT is licensed as a single product. Its component
     parts may not be separated for use on more than one computer.

   * Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT to
     any party.

   * Software Transfer. You may permanently transfer all of your rights
     under this EULA, provided you retain no copies, transfer all of the
     SOFTWARE PRODUCT (including all component parts, the media and
     printed materials, any upgrades, this EULA, and, if applicable, the
     Certificate of Authenticity), and the recipient agrees to abide by
     all of the terms of this EULA. If the SOFTWARE PRODUCT is an
     upgrade, any transfer must include all prior versions of the
     SOFTWARE PRODUCT and all of your rights therein, if any.

   * Support Services. If this product was received as part of a "bundle"
     with an other software or hardware manufacturer's product, end-users
     are required to contact that manufacturer for first level support.
     Otherwise, Exsate may provide you with support services related
     to the SOFTWARE PRODUCT ("Support Services"). The provision and use
     of Support Services is governed by the Exsate policies and programs
     described in the SOFTWARE PRODUCT user manual and/or in "online"
     documentation. Any supplemental software code provided to you as
     part of the Support Services shall considered part of the SOFTWARE
     PRODUCT and subject to the terms and conditions of this EULA. With
     respect to technical information you provide to Exsate as part of
     the Support Services, Exsate may use such information for its
     business purpose, including for product updates and development.
     Exsate will use its best efforts to not utilize such technical
     information in a form that personally identifies you.

   * Termination. Without prejudice to any of Exsate's other rights,
     Exsate may terminate this EULA if you fail to comply with the terms
     and conditions of this EULA. In such event, you must destroy all
     copies of the SOFTWARE PRODUCT and all of its component parts; to
     this end you grant to Exsate the right to, with or without notice,
     monitor your Internet accessible activities for the purpose of
     verifying SOFTWARE PRODUCT performance and/or your compliance with
     the terms hereof, including, but not limited to the remote monitoring
     and verification of your implementation, use and duplication of the
     SOFTWARE PRODUCT


3. UPGRADES.
If the SOFTWARE PRODUCT is labeled or otherwise identified by
Exsate as an "upgrade", you must be properly licensed to use a product
identified by Exsate as being eligible for the upgrade in order to use the
SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled or otherwise
identified by Exsate as an upgrade replaces and/or supplements the product
that formed the basis for your eligibility for such upgrade. You may use
the resulting upgraded product only in accordance with the terms of this
EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a
package of software programs that you licensed as a single product, the
SOFTWARE PRODUCT may be used and transferred only as part of that
single product package and may not be separated for use on more than one
computer.


4. COPYRIGHT AND TRADEMARKS.

   * All title, trademarks and copyrights in and pertaining to the
     SOFTWARE PRODUCT (including but not limited to any images,
     photographs, animation, video, audio, Music, text, and applets
     incorporated into the SOFTWARE PRODUCT), the accompanying,
     printed materials and any copies of the SOFTWARE PRODUCT are
     owned by Exsate or its affiliated companies. The SOFTWARE
     PRODUCT is protected by copyright and trademark laws and international
     treaty provisions. You must treat the SOFTWARE PRODUCT like any
     other copyrighted material for archival purposes only. You may not
     copy the printed materials accompanying the SOFTWARE PRODUCT.

   * You may not remove, modify or alter any Exsate copyright or trademark
     notice from any part of the SOFTWARE PRODUCT, including but not limited
     to any such notices contained in the physical and/or electronic media or
     documentation, in the Exsate DV Capture Live Setup Wizard dialogue or 'about'
     boxes, in any of the runtime resources and/or in any web-presence or
     web-enabled notices, code or other embodiments originally contained in
     or dynamically or otherwise created by the SOFTWARE PRODUCT.


5. DUAL-MEDIA SOFTWARE.
You may receive the SOFTWARE PRODUCT in more than one medium.
Regardless of the type or size of the medium you receive, you may use
only that one medium that is appropriate for your single computer.
You may not use or install the other medium on another computer,
including but not limited to portable computers under the exclusive
control of the registered end-user.  You may not loan, rent, lease, or
otherwise transfer the other medium to another user, except as part of
the permanent transfer (as provided above) of the SOFTWARE PRODUCT.


6. LIMITED WARRANTY

   * The SOFTWARE PRODUCT does not warrant that the software is error
     free. The SOFTWARE PRODUCT disclaims all other warranties with respect
     to the software, either express or implied, including but not limited
     to implied warranties of merchantability, fitness for a particular
     purpose and no infringement of third party rights. Some jurisdictions
     do not allow the exclusion of implied warranties or limitations on how
     long an implied warranty may last, or the exclusion or limitation of
     incidental or consequential damages, so the above limitations or exclusions
     may not apply to you. This warranty gives you specific legal rights and
     you may also have other rights, which vary from jurisdiction to
     jurisdiction.

   * This SOFTWARE PRODUCT is provided on an "AS IS" basis. The
     SOFTWARE PRODUCT disclaims all warranties relating to this software,
     whether expressed or implied, including but not limited to any implied
     warranties of merchantability or fitness for a particular purpose. Neither the
     SOFTWARE PRODUCT nor anyone else who has been involved in the
     creation, production, or delivery of this software shall be liable for
     any indirect, consequential, or incidental damages arising out of the
     use or inability to use such software, even if the SOFTWARE PRODUCT
     has been advised of the possibility of such damages or claims.
     The person using the software bears all risk as to the quality and
     performance of the software.

Some jurisdictions do not allow limitation or exclusion of incidental or
consequential damages, so the above limitations or exclusion may not apply
to you to the extent that liability is by law incapable of exclusion
or restriction.

7. LIMITATION OF LIABILITY.
To the maximum extent permitted by applicable law, in no event shall
Exsate or its suppliers be liable for any special, incidental, indirect,
or consequential damages whatsoever arising out of user of or
inability to use the SOFTWARE PRODUCT or the provision of or failure
to Support Services, even if Exsate has been advised of possibility of
such damages.


8. MISCELLANEOUS.
Should you have any questions concerning this EULA, or if you desire
to contact Exsate for any reason, please contact the Exsate
distributor serving your country, or write:
Exsate Software (mailto:[e-mail]).