End User License Agreement | VideoByte
This license agreement (the "Agreement") is a legal and enforceable contract between you, the end users and VideoByte Technology Limited ("VideoByte") and contains the terms, conditions, rights, and limitations associated with your use of VideoByte products ("Software"), as that term is defined below.
BY DOWNLOADING, INSTALLING, COPYING, ACCESSING OR USING THIS SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY OR LEGAL ENTITY TO THESE TERMS.
IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD CLICK THE "I DO NOT ACCEPT THE AGREEMENT" OR SIMILAR BUTTON, TERMINATE THE DOWNLOAD AND/OR INSTALLATION PROCESS, IMMEDIATELY CEASE AND REFRAIN FROM ACCESSING OR USING VIDEOBYTE PRODUCTS AND DELETE ANY COPIES YOU MAY HAVE.
1. GRANT OF LICENSE
Subject to the terms and conditions of this Agreement, VideoByte hereby grants to you the worldwide, revocable, personal, non-exclusive and non-transferable right to use the Software (for the purpose of this Agreement, use of the Software means to access, install, download, copy or otherwise benefit from using the Software) on one computer for your personal and non-commercial use, unless you have purchased a commercial license or multi-license from VideoByte. For purposes of this Agreement, the 'Software' includes any updates, enhancements, modifications, revisions, or additions to the Software made by VideoByte and made available to end-users through VideoByte's web site.
2. INTELLECTUAL PROPERTY RIGHTS
The Software is protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. VideoByte and its suppliers retain all ownership of, and intellectual property rights in (including copyright).
3. RESTRICTIONS ON USE
You shall not, nor permit any person to: (i) reverse engineer, reverse compile, decrypt, disassemble, or otherwise attempt to derive the source code of the Licensed Software (except to the extent that this restriction is expressly prohibited by law); (ii) modify, translate, or create derivative works of the Licensed Software; (iii) sublicense, resell, rent, lease, distribute, market, commercialize, or otherwise transfer rights or usage to the Licensed Software (except as expressly permitted under this Agreement); (iv) remove, modify, or obscure any copyright notices or other proprietary notices or legends appearing on or in the Licensed Software, or any portion thereof; or (v) embed the Licensed Software in any third-party applications, unless otherwise authorized in writing in advance by an officer of VideoByte.
4. SUPPORT SERVICES
VideoByte agrees to provide Licensee with technical support services which include periodic distribution of bug fixes and minor enhancements as Updates scheduled by VideoByte. All registered users of VideoByte products are eligible for free limited technical support. Technical support email inquiries are accepted at any time and will be answered during normal VideoByte business hours.
5. DISCLAIMER OF WARRANTIES
AS THE END USER YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED 'AS IS', WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THERE IS NO WARRANTY BY THE PROVIDER OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM IT. THE ENTIRE LIABILITY OF VIDEOBYTE AND ITS AFFILIATES RELATED TO SUCH WARRANTY CLAIM AND CUSTOMER'S SOLE AND EXCLUSIVE REMEDY UNDER ANY WARRANTY WILL BE LIMITED TO EITHER, AT VIDEOBYTE'S OPTION, SUPPORT OF THE SOFTWARE BASED ON THE WARRANTY CLAIM, REPLACEMENT OF THE SOFTWARE, OR, IF SUPPORT OR REPLACEMENT IS NOT PRACTICABLE AT VIDEOBYTE'S DETERMINATION, REFUND OF THE LICENSE FEE CUSTOMER PAID FOR THE SOFTWARE (IF ANY). THE LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES CUSTOMER SPECIFIC LEGAL RIGHTS. CUSTOMER MAY HAVE ADDITIONAL RIGHTS UNDER LAW WHICH MAY VARY FROM JURISDICTION TO JURISDICTION. ADOBE DOES NOT SEEK TO LIMIT CUSTOMER'S WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW.
6. LIMITATION OF LIABILITY AND DAMAGES
EXCEPT AS REQUIRED BY LAW, VIDEOBYTE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF VIDEOBYTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ARE REQUIRED TO TAKE REASONABLE MEASURES TO AVOID, DAMAGES, ESPECIALLY TO MAKE BACKUP COPIES OF ANY VALUABLE DATA STORED ON YOUR PC.
IN ANY EVENT, VIDEOBYTE'S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, SUPPLIERS, AND CERTIFICATE AUTHORITIES UNDER OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT.
THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN CUSTOMER'S JURISDICTION. THIS LIMITATION OF LIABILITY MAY NOT BE VALID IN SOME JURISDICTIONS. CUSTOMER MAY HAVE RIGHTS THAT CANNOT BE WAIVED UNDER CONSUMER PROTECTION AND OTHER LAWS. VIDEOBYTE DOES NOT SEEK TO LIMIT ITS WARRANTY OR REMEDIES TO ANY EXTENT NOT PERMITTED BY LAW.
7. DATA PRIVACY
If any part of this Agreement is held unenforceable, the validity of all remaining parts will not be affected.
Without prejudice to your payment obligations, you may terminate your license at any time by uninstalling the Software. VideoByte may terminate your license in the event that you materially breach the terms of this Agreement and you fail to cure such breach within thirty (30) days of receiving notice of such breach. Upon such termination, you shall promptly return or destroy all copies of the Software and Documentation.
This Agreement sets forth VideoByte's entire obligation and End User's exclusive rights with respect to the subject matter hereof and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other related communication between the parties. If any provision of this Agreement or an Order, or portion thereof, is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision will be severed and the remaining provisions of the Agreement or Order will remain in full force and effect.