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Exsate DV Capture Live License Agreement (EULA)

From Exsate Software

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:[email protected]).
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