End user license agreement Any Video Converter : Différence entre versions
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| − | A. Any Video Converter Free Version | + | A. Any Video Converter Free Version<br/> |
| − | B. OpenCandy End User License Agreement | + | B. '''[[OpenCandy]]''' End User License Agreement<br/> |
| − | + | <br/> | |
| − | IMPORTANT READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual person or a single legal entity, who will be referred to in this EULA as "You") and the Licensor for the Any-video-converter.com that displays this EULA, including any associated media, printed materials and electronic documentation (the "Software"). The Software also includes any software updates, add-on components, web services and/or supplements that the Licensor may provide to You or make available to You after the date You obtain Your initial copy of the Software to the extent that such items are not accompanied by a separate license agreement or terms of use. By installing, copying, downloading, accessing or otherwise using the Software, You agree to be bound by the terms of this EULA. If You do not agree to the terms of this EULA, do not install, access or use the Software. | + | IMPORTANT READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual person or a single legal entity, who will be referred to in this EULA as "You") and the Licensor for the Any-video-converter.com that displays this EULA, including any associated media, printed materials and electronic documentation (the "Software"). The Software also includes any software updates, add-on components, web services and/or supplements that the Licensor may provide to You or make available to You after the date You obtain Your initial copy of the Software to the extent that such items are not accompanied by a separate license agreement or terms of use. By installing, copying, downloading, accessing or otherwise using the Software, You agree to be bound by the terms of this EULA. If You do not agree to the terms of this EULA, do not install, access or use the Software. <br/> |
| − | For purposes of this EULA, the term "Licensor" refers to Any-video-converter.com, except in the event that You acquired the Software as a component of an Any-video-converter.com software product originally licensed from the manufacturer of your computer system or computer system component, then "Licensor" or refers to such hardware manufacturer. By installing, copying, downloading, accessing or otherwise using the Software, You agree to be bound by the terms of this EULA. If You do not agree to the terms of this EULA, Licensor is unwilling to license the Software. In such event, You may not install, copy, download or otherwise use the Software. | + | For purposes of this EULA, the term "Licensor" refers to Any-video-converter.com, except in the event that You acquired the Software as a component of an Any-video-converter.com software product originally licensed from the manufacturer of your computer system or computer system component, then "Licensor" or refers to such hardware manufacturer. By installing, copying, downloading, accessing or otherwise using the Software, You agree to be bound by the terms of this EULA. If You do not agree to the terms of this EULA, Licensor is unwilling to license the Software. In such event, You may not install, copy, download or otherwise use the Software. <br/> |
| − | + | <br/> | |
| − | SOFTWARE LICENSE | + | SOFTWARE LICENSE <br/> |
| − | The Software is protected by intellectual property laws and treaties. The Software is licensed, not sold. | + | The Software is protected by intellectual property laws and treaties. The Software is licensed, not sold. <br/> |
| − | + | <br/> | |
| − | 1) This EULA grants you the following rights: | + | 1) This EULA grants you the following rights: <br/> |
| − | Systems Software - . | + | Systems Software - .<br/> |
| − | You may install and use the SOFTWARE PRODUCT on one or multiple computers. You can share the SOFTWARE PRODUCT with other users through internet, DVDs. | + | You may install and use the SOFTWARE PRODUCT on one or multiple computers. You can share the SOFTWARE PRODUCT with other users through internet, DVDs. <br/> |
| − | + | <br/> | |
| − | Restrictions: | + | Restrictions:<br/> |
| − | * You must indemnify, hold harmless, and defend Any-video-converter.com from and against any claims or lawsuits, including attorneys' fees, that arise from or result from the use or distribution of Software as modified by You. | + | * You must indemnify, hold harmless, and defend Any-video-converter.com from and against any claims or lawsuits, including attorneys' fees, that arise from or result from the use or distribution of Software as modified by You. <br/> |
| − | * Any-video-converter.com respects the rights of artists and film companies, and the proper use of the software does not violate those rights. You cannot copy DVDs in order to sell or give away copies, or for any commercial purpose. | + | * Any-video-converter.com respects the rights of artists and film companies, and the proper use of the software does not violate those rights. You cannot copy DVDs in order to sell or give away copies, or for any commercial purpose.<br/> |
| − | * Any-video-converter.com discourages any attempt to copy rented DVDs. It is illegal to make a copy of a DVD for most purposes other than your own personal use. Any-video-converter.com respects the rights of artists and film companies, and asks that You do the same. | + | * Any-video-converter.com discourages any attempt to copy rented DVDs. It is illegal to make a copy of a DVD for most purposes other than your own personal use. Any-video-converter.com respects the rights of artists and film companies, and asks that You do the same.<br/> |
| − | + | <br/> | |
| − | 2) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. | + | 2) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. <br/> |
| − | * Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. | + | * Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. <br/> |
| − | + | <br/> | |
| − | * Trademarks. This EULA does not grant You any rights in connection with any trademarks or service marks of Licensor or its suppliers. | + | * Trademarks. This EULA does not grant You any rights in connection with any trademarks or service marks of Licensor or its suppliers. <br/> |
| − | + | <br/> | |
| − | * Support Services. Licensor may provide You with support services related to the Software ("Support Services"). Use of Support Services is governed by the policies and programs described in the user manual, in "online" documentation, or in other materials from the support services provider. Any supplemental software code provided to You as part of the Support Services are considered part of the Software and subject to the terms and conditions of this EULA. You acknowledge and agree that Licensor may use information You provide to Licensor as part of the Support Services for its business purposes, including for product support and development. For Software licensed from the hardware manufacturer, please refer to the manufacturer's support number and address provided in Your hardware documentation. | + | * Support Services. Licensor may provide You with support services related to the Software ("Support Services"). Use of Support Services is governed by the policies and programs described in the user manual, in "online" documentation, or in other materials from the support services provider. Any supplemental software code provided to You as part of the Support Services are considered part of the Software and subject to the terms and conditions of this EULA. You acknowledge and agree that Licensor may use information You provide to Licensor as part of the Support Services for its business purposes, including for product support and development. For Software licensed from the hardware manufacturer, please refer to the manufacturer's support number and address provided in Your hardware documentation. <br/> |
| − | + | <br/> | |
| − | * Termination. Without prejudice to any other rights, Licensor or its suppliers 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 and all of its component parts. | + | * Termination. Without prejudice to any other rights, Licensor or its suppliers 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 and all of its component parts.<br/> |
| − | * UPGRADES If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by Any-video-converter.com as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the 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. | + | * UPGRADES If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by Any-video-converter.com as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the 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.<br/> |
| − | * INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software), the accompanying printed materials, and any copies of the Software are owned by Licensor or its suppliers. All title and intellectual property rights in and to the content that is not contained in the Software, may be accessed through use of the Software, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants You no rights to use such content. If this Software contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the Software. All rights not specifically granted under this EULA are reserved by Licensor and its suppliers. | + | * INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software), the accompanying printed materials, and any copies of the Software are owned by Licensor or its suppliers. All title and intellectual property rights in and to the content that is not contained in the Software, may be accessed through use of the Software, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants You no rights to use such content. If this Software contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the Software. All rights not specifically granted under this EULA are reserved by Licensor and its suppliers. <br/> |
| − | * U.S. GOVERNMENT LICENSE RIGHTS. All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable. | + | * U.S. GOVERNMENT LICENSE RIGHTS. All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable. <br/> |
| − | * EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. | + | * EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. <br/> |
| − | * APPLICABLE LAW. If you acquired this Software in the United States, this EULA is governed by the laws of the State of Missouri. If this Software was acquired outside the United States, then local law may apply. | + | * APPLICABLE LAW. If you acquired this Software in the United States, this EULA is governed by the laws of the State of Missouri. If this Software was acquired outside the United States, then local law may apply. <br/> |
| − | + | <br/> | |
| − | EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY-VIDEO-CONVERTER.COM OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF ANY-VIDEO-CONVERTER.COM OR ANY SUPPLIER, AND EVEN IF ANY-VIDEO-CONVERTER.COM OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. | + | EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY-VIDEO-CONVERTER.COM OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF ANY-VIDEO-CONVERTER.COM OR ANY SUPPLIER, AND EVEN IF ANY-VIDEO-CONVERTER.COM OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. <br/> |
| − | ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and Any-video-converter.com relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any Any-video-converter.com policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. | + | ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and Any-video-converter.com relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any Any-video-converter.com policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.<br/> |
| − | + | <br/> | |
| − | B. OpenCandy End User License Agreement (EULA) | + | B. '''[[OpenCandy]]''' End User License Agreement (EULA)<br/> |
| − | + | <br/> | |
| − | Date of last revision: March 7, 2012 | + | Date of last revision: March 7, 2012<br/> |
| − | + | <br/> | |
| − | PLEASE READ THESE TERMS BEFORE PROCEEDING WITH THE INSTALLATION OF THE SOFTWARE. BY AGREEING TO THESE TERMS YOU ARE GRANTING US PERMISSION TO PROVIDE RECOMMENDATIONS OF THIRD PARTY SOFTWARE IN ACCORDANCE WITH THE FOLLOWING TERMS AND THE TERMS OF OUR PRIVACY POLICY. | + | PLEASE READ THESE TERMS BEFORE PROCEEDING WITH THE INSTALLATION OF THE SOFTWARE. BY AGREEING TO THESE TERMS YOU ARE GRANTING US PERMISSION TO PROVIDE RECOMMENDATIONS OF THIRD PARTY SOFTWARE IN ACCORDANCE WITH THE FOLLOWING TERMS AND THE TERMS OF OUR PRIVACY POLICY.<br/> |
| − | + | <br/> | |
| − | 1. What We Do | + | 1. What We Do<br/> |
| − | + | <br/> | |
| − | The developer of the software ("Software") you are installing has chosen to use the OpenCandy Network ("We") to provide recommendations of other third party software. All third party software participating in the OpenCandy Network must adhere to strict policies that ensure only compliant software is recommended. In the event an OpenCandy recommendation is shown, the recommendations will only occur once during the installation of the Software. | + | The developer of the software ("Software") you are installing has chosen to use the '''[[OpenCandy]]''' Network ("We") to provide recommendations of other third party software. All third party software participating in the '''[[OpenCandy]]''' Network must adhere to strict policies that ensure only compliant software is recommended. In the event an '''[[OpenCandy]]''' recommendation is shown, the recommendations will only occur once during the installation of the Software.<br/> |
| − | + | <br/> | |
| − | 2. How Our Recommendations Work | + | 2. How Our Recommendations Work<br/> |
| − | + | <br/> | |
| − | As part of the installation process, a temporary file transmits anonymous, non-personally identifiable information about your computer system in order to help us determine what third party software would be appropriate to recommend. If a recommendation is shown and you choose to install such recommended third party software, then the third party software will be downloaded and installed. If a recommendation is not shown, or you choose not to install such recommended third party software, then no third party software will be downloaded or installed. | + | As part of the installation process, a temporary file transmits anonymous, non-personally identifiable information about your computer system in order to help us determine what third party software would be appropriate to recommend. If a recommendation is shown and you choose to install such recommended third party software, then the third party software will be downloaded and installed. If a recommendation is not shown, or you choose not to install such recommended third party software, then no third party software will be downloaded or installed.<br/> |
| − | + | <br/> | |
| − | Reasonable efforts are made to ensure any temporary files created are automatically removed after the installation process is completed, regardless of whether a recommendation is made, and regardless of whether you choose to install any software. Please note, however, that some files may not be able to remove themselves until the next system restart. | + | Reasonable efforts are made to ensure any temporary files created are automatically removed after the installation process is completed, regardless of whether a recommendation is made, and regardless of whether you choose to install any software. Please note, however, that some files may not be able to remove themselves until the next system restart.<br/> |
| − | + | <br/> | |
| − | 3. Recommended Third Party Software | + | 3. Recommended Third Party Software<br/> |
| − | + | <br/> | |
| − | You are NEVER required to install any recommended third party software, and you will not be required to install any third party software as a condition to install the Software. We will never install any third party software without your express consent. Recommended third party software is also subject to its own separate license agreement(s). | + | You are NEVER required to install any recommended third party software, and you will not be required to install any third party software as a condition to install the Software. We will never install any third party software without your express consent. Recommended third party software is also subject to its own separate license agreement(s).<br/> |
| − | + | <br/> | |
| − | 4. How We Use Your Data | + | 4. How We Use Your Data<br/> |
| − | + | <br/> | |
| − | We are strong advocates for consumer privacy, and we do NOT collect or store any personally identifiable information. Any information transmitted to our servers is anonymous and may be stored in the aggregate to help us improve our services. All information is collected and used in accordance with our Privacy Policy, available at: http://www. | + | We are strong advocates for consumer privacy, and we do NOT collect or store any personally identifiable information. Any information transmitted to our servers is anonymous and may be stored in the aggregate to help us improve our services. All information is collected and used in accordance with our Privacy Policy, available at: http://www.'''[[OpenCandy]]'''.com/privacy-policy.<br/> |
| − | + | <br/> | |
| − | 5. DISCLAIMER; LIMITATION OF LIABILITY | + | 5. DISCLAIMER; LIMITATION OF LIABILITY<br/> |
| − | + | <br/> | |
| − | WE PROVIDE ALL RECOMMENDATIONS OR THIRD PARTY SOFTWARE "AS IS," "WITH ALL FAULTS," AND WITHOUT ANY WARRANTY WHATSOEVER, AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES IN CONNECTION WITH ANY RECOMMENDATION OR THIRD PARTY SOFTWARE. | + | WE PROVIDE ALL RECOMMENDATIONS OR THIRD PARTY SOFTWARE "AS IS," "WITH ALL FAULTS," AND WITHOUT ANY WARRANTY WHATSOEVER, AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES IN CONNECTION WITH ANY RECOMMENDATION OR THIRD PARTY SOFTWARE.<br/> |
| − | + | <br/> | |
| − | 6. Miscellaneous | + | 6. Miscellaneous<br/> |
| − | + | <br/> | |
| − | These Terms are governed by and interpreted, construed and enforced in accordance with the laws of the State of California, United States of America, without respect to its choice of law provisions. Any action is subject to the exclusive jurisdiction of the state or federal courts in California, and you irrevocably submit to the personal jurisdiction in such courts. | + | These Terms are governed by and interpreted, construed and enforced in accordance with the laws of the State of California, United States of America, without respect to its choice of law provisions. Any action is subject to the exclusive jurisdiction of the state or federal courts in California, and you irrevocably submit to the personal jurisdiction in such courts.<br/> |
| − | + | <br/> | |
| − | 7. Third Party Software Uninstallation | + | 7. Third Party Software Uninstallation<br/> |
| − | + | <br/> | |
| − | We ensure that all OpenCandy recommended third party software which may be installed allows for simple uninstallation without harming your computer, and without leaving files or applications behind. | + | We ensure that all '''[[OpenCandy]]''' recommended third party software which may be installed allows for simple uninstallation without harming your computer, and without leaving files or applications behind.<br/> |
| − | + | <br/> | |
| − | If you have any feedback or questions, please email us at: license@ | + | If you have any feedback or questions, please email us at: license@'''[[OpenCandy]]'''.com.<br/> |
Version actuelle en date du 10 mars 2014 à 03:19
A. Any Video Converter Free Version
B. OpenCandy End User License Agreement
IMPORTANT READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual person or a single legal entity, who will be referred to in this EULA as "You") and the Licensor for the Any-video-converter.com that displays this EULA, including any associated media, printed materials and electronic documentation (the "Software"). The Software also includes any software updates, add-on components, web services and/or supplements that the Licensor may provide to You or make available to You after the date You obtain Your initial copy of the Software to the extent that such items are not accompanied by a separate license agreement or terms of use. By installing, copying, downloading, accessing or otherwise using the Software, You agree to be bound by the terms of this EULA. If You do not agree to the terms of this EULA, do not install, access or use the Software.
For purposes of this EULA, the term "Licensor" refers to Any-video-converter.com, except in the event that You acquired the Software as a component of an Any-video-converter.com software product originally licensed from the manufacturer of your computer system or computer system component, then "Licensor" or refers to such hardware manufacturer. By installing, copying, downloading, accessing or otherwise using the Software, You agree to be bound by the terms of this EULA. If You do not agree to the terms of this EULA, Licensor is unwilling to license the Software. In such event, You may not install, copy, download or otherwise use the Software.
SOFTWARE LICENSE
The Software is protected by intellectual property laws and treaties. The Software is licensed, not sold.
1) This EULA grants you the following rights:
Systems Software - .
You may install and use the SOFTWARE PRODUCT on one or multiple computers. You can share the SOFTWARE PRODUCT with other users through internet, DVDs.
Restrictions:
- You must indemnify, hold harmless, and defend Any-video-converter.com from and against any claims or lawsuits, including attorneys' fees, that arise from or result from the use or distribution of Software as modified by You.
- Any-video-converter.com respects the rights of artists and film companies, and the proper use of the software does not violate those rights. You cannot copy DVDs in order to sell or give away copies, or for any commercial purpose.
- Any-video-converter.com discourages any attempt to copy rented DVDs. It is illegal to make a copy of a DVD for most purposes other than your own personal use. Any-video-converter.com respects the rights of artists and film companies, and asks that You do the same.
2) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
- Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- Trademarks. This EULA does not grant You any rights in connection with any trademarks or service marks of Licensor or its suppliers.
- Support Services. Licensor may provide You with support services related to the Software ("Support Services"). Use of Support Services is governed by the policies and programs described in the user manual, in "online" documentation, or in other materials from the support services provider. Any supplemental software code provided to You as part of the Support Services are considered part of the Software and subject to the terms and conditions of this EULA. You acknowledge and agree that Licensor may use information You provide to Licensor as part of the Support Services for its business purposes, including for product support and development. For Software licensed from the hardware manufacturer, please refer to the manufacturer's support number and address provided in Your hardware documentation.
- Termination. Without prejudice to any other rights, Licensor or its suppliers 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 and all of its component parts.
- UPGRADES If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by Any-video-converter.com as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the 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.
- INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software), the accompanying printed materials, and any copies of the Software are owned by Licensor or its suppliers. All title and intellectual property rights in and to the content that is not contained in the Software, may be accessed through use of the Software, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants You no rights to use such content. If this Software contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the Software. All rights not specifically granted under this EULA are reserved by Licensor and its suppliers.
- U.S. GOVERNMENT LICENSE RIGHTS. All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
- EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.
- APPLICABLE LAW. If you acquired this Software in the United States, this EULA is governed by the laws of the State of Missouri. If this Software was acquired outside the United States, then local law may apply.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY-VIDEO-CONVERTER.COM OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF ANY-VIDEO-CONVERTER.COM OR ANY SUPPLIER, AND EVEN IF ANY-VIDEO-CONVERTER.COM OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and Any-video-converter.com relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any Any-video-converter.com policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.
B. OpenCandy End User License Agreement (EULA)
Date of last revision: March 7, 2012
PLEASE READ THESE TERMS BEFORE PROCEEDING WITH THE INSTALLATION OF THE SOFTWARE. BY AGREEING TO THESE TERMS YOU ARE GRANTING US PERMISSION TO PROVIDE RECOMMENDATIONS OF THIRD PARTY SOFTWARE IN ACCORDANCE WITH THE FOLLOWING TERMS AND THE TERMS OF OUR PRIVACY POLICY.
1. What We Do
The developer of the software ("Software") you are installing has chosen to use the OpenCandy Network ("We") to provide recommendations of other third party software. All third party software participating in the OpenCandy Network must adhere to strict policies that ensure only compliant software is recommended. In the event an OpenCandy recommendation is shown, the recommendations will only occur once during the installation of the Software.
2. How Our Recommendations Work
As part of the installation process, a temporary file transmits anonymous, non-personally identifiable information about your computer system in order to help us determine what third party software would be appropriate to recommend. If a recommendation is shown and you choose to install such recommended third party software, then the third party software will be downloaded and installed. If a recommendation is not shown, or you choose not to install such recommended third party software, then no third party software will be downloaded or installed.
Reasonable efforts are made to ensure any temporary files created are automatically removed after the installation process is completed, regardless of whether a recommendation is made, and regardless of whether you choose to install any software. Please note, however, that some files may not be able to remove themselves until the next system restart.
3. Recommended Third Party Software
You are NEVER required to install any recommended third party software, and you will not be required to install any third party software as a condition to install the Software. We will never install any third party software without your express consent. Recommended third party software is also subject to its own separate license agreement(s).
4. How We Use Your Data
We are strong advocates for consumer privacy, and we do NOT collect or store any personally identifiable information. Any information transmitted to our servers is anonymous and may be stored in the aggregate to help us improve our services. All information is collected and used in accordance with our Privacy Policy, available at: http://www.OpenCandy.com/privacy-policy.
5. DISCLAIMER; LIMITATION OF LIABILITY
WE PROVIDE ALL RECOMMENDATIONS OR THIRD PARTY SOFTWARE "AS IS," "WITH ALL FAULTS," AND WITHOUT ANY WARRANTY WHATSOEVER, AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES IN CONNECTION WITH ANY RECOMMENDATION OR THIRD PARTY SOFTWARE.
6. Miscellaneous
These Terms are governed by and interpreted, construed and enforced in accordance with the laws of the State of California, United States of America, without respect to its choice of law provisions. Any action is subject to the exclusive jurisdiction of the state or federal courts in California, and you irrevocably submit to the personal jurisdiction in such courts.
7. Third Party Software Uninstallation
We ensure that all OpenCandy recommended third party software which may be installed allows for simple uninstallation without harming your computer, and without leaving files or applications behind.
If you have any feedback or questions, please email us at: license@OpenCandy.com.
