IVIEW MEDIAPRO END USER LICENSE
IT IS IMPORTANT THAT YOU CAREFULLY READ THIS NOTICE BEFORE PROCEEDING
WITH THE DOWNLOAD, INSTALLATION AND USE OF THE SOFTWARE. BY CLICKING THE
BUTTON BELOW MARKED “CONTINUE” YOU AGREE TO BE BOUND BY THE
TERMS OF THIS AGREEMENT WHICH CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN
THE LICENSOR, (HEREAFTER “IVIEW MULTIMEDIA LTD”), AND THE LICENSEE,
(HEREAFTER “YOU”)
1 THIS AGREEMENT
1.1 In this Agreement the phrase “the Software” means the computer
program identified above and all associated media, printed materials and
"online" or electronic documentation. This definition of “the
Software” does not include any other products or computer programs
of iView Multimedia Ltd.
1.2 The Software is protected by copyright and other intellectual property
laws and international treaties. Title to, ownership of, and all rights
and interests in and to each and every part of the Software, (including
all copyrights, trade marks, patent rights or any other intellectual property
rights of whatever nature), and all copies thereof shall remain at all
times vested in iView Multimedia Ltd or its licensors.
1.3 The Software is licensed, not sold, to You for use only under the
terms of this
licence agreement, and iView Multimedia Ltd and its licensors reserve
any rights not expressly granted to You. Your rights of ownership are
limited to the media on which the Software is recorded or fixed.
1.4 By installing, copying or otherwise using the Software, you agree
to be bound
by the terms of this Agreement. If You do not agree to the terms of this
agreement You must not use the Software and must immediately delete any
and all copies of the Software in Your possession.
2 GRANT OF License
2.1 iView Multimedia Ltd hereby grants to You the following non-exclusive
rights in respect of the Software subject to Your fulfilment of the relevant
criteria. The rights granted to You are personal and non-transferrable.
2.2 Evaluation License. You may use a copy of the evaluation version
of the Software, (comprising the evaluation version of the program and
any accompanying documentation), for evaluation purposes only without
charge for a period of 14 days. If You continue to use the Software after
expiry of the evaluation period You must pay the License fee and obtain
a full License. Until You have paid the License fee for the Software,
You may only use the Software for evaluation purposes. For details of
payment, please refer to the Purchase Information in the package or visit
our website at:www.iview-multimedia.com. When payment has been received
by iView Multimedia Ltd You will be sent a License number which will unlock
any locked or disabled functionality in the evaluation version of the
Software.
2.3 Single User License. You may use the Software on a single computer
for your personal or business use PROVIDED THAT you have obtained from
iView Multimedia Ltd a Single User License Number. Under this Single User
License You may not use the Software on a computer network or allow concurrent
use of the Software by
more than one individual.
2.4 Multi User License Packs or Site Licenses. You may use the
Software on a computer network and/or allow concurrent use of the Software
by more than one individual for personal or business use PROVIDED THAT
You have obtained from iView Multimedia Ltd a Multi User License Pack
or a Site License Number. The maximum permissible number of concurrent
users shall be specified by iView Multimedia Ltd at the time of issue
of the License number(s).
3 YOUR OTHER RIGHTS AND OBLIGATIONS
3.1 You may distribute copies of the original archive of the evaluation
version of the Software (which is locked) on any CD, Web Site, FTP Site,
or other "download area" without permission from iView Multimedia
Ltd PROVIDED THAT You do not charge or request donations for any such
distributed archives of the evaluation version of the Software. You are
prohibited from distributing any other versions of the Software without
the prior written permission of iView Multimedia Ltd.
3.2 Your copy of the Software may include one or more of iView Multimedia
Ltd’s freeware programs entitled iCount and iSearch. These are offered
to You by iView Multimedia Ltd as freeware and may be copied, distributed
and used without any restriction.
3.3 You undertake not to export the Software or any part thereof to any
country,
person, entity or end user subject to any export restrictions applicable
to You.
4 RESERVATION OF RIGHTS
4.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IVIEW MULTIMEDIA
LTD AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS IN
RESPECT OF THE SOFTWARE EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD
PARTY RIGHTS AND FITNESS FOR PARTICULAR PURPOSE. THE DURATION OF ANY STATUTORILY
REQUIRED WARRANTY PERIOD SHALL BE LIMITED TO THE TERM OF THE LIMITED WARRANTY.
5 INTELLECTUAL PROPERTY RIGHTS
5.1 The Software is protected by copyright and other intellectual property
laws and international treaties. Title to, ownership of, and all rights
and interests in and to each and every part of the Software, (including
all copyrights, trade marks, patent rights or any other intellectual property
rights of whatever nature), and all copies thereof shall remain at all
times vested in iView Multimedia Ltd.
6 LIMITED WARRANTY
6.1 iView Multimedia Ltd warrants that the medium on which the Software
is supplied, if any, shall if manufactured by or on behalf of iView Multimedia
Ltd be generally free from errors of workmanship for a period of 30 days
from purchase.
6.2 The Software is provided "as is" without warranty of any
kind either express or implied. In particular iView Multimedia Ltd does
not warrant that the operation of the Software will be uninterrupted or
error free. iView Multimedia Ltd does not warrant guarantee or make any
representations regarding the use, or the results of the use, of the Software
in terms of accuracy reliability currentness or otherwise. You assume
the entire risk arising out of the use or performance of the Software.
6.3 No oral or written information or advice given by iView Multimedia
Ltd its
distributors or employees shall create any warranty and You may not rely
on any such information or advice.
7 NO OTHER WARRANTIES
7.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IVIEW MULTIMEDIA
LTD DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS IN RESPECT OF THE SOFTWARE
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND FITNESS
FOR PARTICULAR PURPOSE. THE DURATION OF ANY STATUTORILY REQUIRED WARRANTY
PERIOD SHALL BE LIMITED TO THE TERM OF THE LIMITED WARRANTY SET OUT ABOVE.
YOU USE THE SOFTWARE ENTIRELY AT YOUR OWN RISK.
8 EXCLUSION OF LIABILITY FOR CONSEQUENTIAL LOSS
8.1 UNDER NO CIRCUMSTANCES SHALL IVIEW MULTIMEDIA LTD OR ANYONE ELSE WHO
HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE
BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER ARISING
OUT OF YOUR USE OF OR YOUR INABILITY TO USE THE SOFTWARE, INCLUDING WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
LOSS OF BUSINESS INFORMATION, COMPUTER FAILURE, WORK STOPPAGE OR ANY OTHER
DAMAGES, EVEN IF IVIEW MULTIMEDIA LTD HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
9 EXCLUSIVE REMEDY
9.1 The exclusive remedy for breach of this Agreement by iView Multimedia
Ltd shall be, at iView Multimedia Ltd's option, either:
9.1.1 the repair or replacement of the Software PROVIDED THAT the Software
is returned to iView Multimedia Ltd with proof of License; or
9.1.2 a refund of the price, if any, which You paid to license the Software.
10 LIMITATION ON LIABILITY
10.1 IVIEW MULTIMEDIA LTD'S LIABILITY TO YOU IN CONTRACT OR TORT SHALL
IN NO EVENT EXCEED THE ACTUAL PRICE PAID FOR THE SOFTWARE OR £5
(FIVE POUNDS STERLING) WHICHEVER IS THE GREATER.
11 TERMINATION
11.1 In the event that You fail to comply strictly with the terms and
conditions of this Agreement, this Agreement shall terminate forthwith
without prejudice to any other remedies which iView Multimedia Ltd may
have.
11.2 In the event that You wish to terminate this License agreement You
may do so at any time by ceasing to use the Software.
11.3 You hereby agree that, in the event of termination of this Agreement
for any reason, You will forthwith destroy or irretrievably delete all
copies of the Software, including modified copies, in Your possession
or control.
12 UPDATE POLICY
12.1 iView Multimedia Ltd may from time to time create updated versions
of the Software and may, at its option, make such updates available to
You.
13 GENERAL TERMS
13.1 Irrespective of the country in which the Software was acquired the
construction, validity and performance of this Agreement shall be governed
in all respects by English law and You agree to submit to the exclusive
jurisdiction of the English courts.
13.2 If any provision of this agreement is found to be invalid by any
court having competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of this agreement,
which shall remain in full force and effect.
13.3 No waiver of any term of this agreement shall be deemed a further
or continuing waiver of such term or any other term.
13.4 This agreement constitutes the entire agreement between You and iView
Multimedia Ltd with respect to this transaction. Any changes to this agreement
must be made in writing, signed by an authorised representative of iView
Multimedia Ltd.
Should You have any questions concerning this Agreement, or if You desire
to contact iView Multimedia for any reason, please write to: iView Multimedia
Ltd, 11 Sturton Street, Cambridge, CB125N, U.K. Tel ++44 20 7223 8691;
Fax: ++44 20 7504 3619 Email: info@iview-multimedia.com. For ordering
information, visit our website at: http://www.iview-multimedia.com.
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