BY RUNNING THE POCKETTV SOFTWARE YOU ARE CONSENTING TO BE BOUND BY
THIS EULA (END USER LICENSE AGREEMENT).
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA, YOU MUST STOP USING THE SOFTWARE AND REMOVE IT FROM YOUR COMPUTER.
This Agreement has 3 parts.
If you have not paid the license fee, this license grants you only the right for evaluation of the software (Part I and Part III) limited to the duration of the evaluation period defined in Part I. After this period, you must "purchase the software" i.e. pay the licence fee. If you don't, your organization could be liable for significant damages.
Please contact MpegTV for license price and conditions.
MpegTV grants you a non-exclusive license to use the Software free of charge only if you use the Software for the purpose of evaluating whether to purchase an ongoing license to the Software.
On Pocket PC, Smartphone and on all WinCE 2.11 platforms:
The evaluation period for strictly personal use is not limited. The evaluation period for any other use (which includes, but is not limited to, the activities of any commercial entity or government agency) is 7 days.
On all other platforms (including but not limited to H/PC 2000):
The evaluation period is 7 days.
If you are using the Software free of charge, you are not entitled to support or telephone assistance. If you fit within the description above, you may use the Software in the manner described in Part III below under "Scope of Grant."
If you have paid the license fee, MpegTV grants to you a non-exclusive license to use the Software in the manner described in Part III below under "Scope of Grant."
SCOPE OF GRANT
You may not:
DISCLAIMER OF WARRANTYSoftware is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not MpegTV assume the entire cost of any service and repair. In addition, the security mechanisms implemented by MpegTV software have inherent limitations, and you must determine that the Software sufficiently meets your requirements. This disclaimer of warranty constitutes an essential part of the agreement. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
TITLE AND INTELLECTUAL PROPERTY RIGHTSTitle, ownership rights, and intellectual property rights in the Software shall remain in MpegTV and/or its suppliers. The Software is protected by the copyright laws and treaties. MpegTV does not represent or warrant that the Software is free of infringement of third-parties rights. Commercial implementations of MPEG-1 decoders are subject to royalty fees to patent holders. Many of these patents are general enough such that they are unavoidable regardless of implementation design, and some may apply to software implementations.
You shall indemnify MpegTV against claims, proceedings and expenses arising from infringements occasioned by your use of the Software, in conjunction with other apparatus or software not supplied by MpegTV.
CONTENT ACCESSED THROUGH SOFTWARETitle and related rights in video, audio, and other content accessed through the Software is the property of the applicable content owner and may be protected by applicable law. This License gives you no rights to such content, and MpegTV disclaims any liability for misuse of content.
REGISTRATION INFORMATIONYou agree to register each copy of the Software by filling-up the registration form located on the MpegTV Website. You agree to provide the following information to MpegTV when registering:
TERMINATIONThe license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software and Documentation.
EXPORT CONTROLSNone of the Software or underlying information or technology may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
LIMITATION OF LIABILITYUNDER NO CIRCUMSTANCES AND IN NO EVENT AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL MPEGTV OR ITS SUPPLIERS OR RESELLERS OR MANUFACTURERS OR SUBCONTRACTORS BE HELD RESPONSIBLE OR LIABLE FOR ANY LOST REVENUES, LOST PROFITS, LOST DATA, OR OTHER SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGE OR FOR LOSS, DAMAGE OR EXPENSE DIRECTLY OR INDIRECTLY ARISING OUT OF THE PERFORMANCE OF THE AGREEMENT OR FROM YOUR OR ANY OTHER PARTY'S USE OF OR INABILITY TO USE THE SOFTWARE EITHER SEPARATELY OR IN COMBINATION WITH OTHER EQUIPMENT OR FOR COMMERCIAL LOSS OF ANY KIND, EVEN IF MPEGTV OR ITS SUPPLIERS ARE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL MPEGTV OR ITS SUPPLIERS BE HELD LIABLE FOR ANY AMOUNT IN EXCESS OF THE AMOUNT ACTUALLY PAID BY YOU TO MPEGTV UNDER THIS AGREEMENT. MPEGTV AND ITS SUPPLIERS SHALL NOT BE HELD TO ANY LIABILITY WITH RESPECT TO ANY CLAIM BY A THIRD PARTY ON ACCOUNT OF OR ARISING FROM THE USE OF OR THE INABILITY TO USE THE SOFTWARE. YOU ASSUME ALL RISKS AND LIABILITY FOR LOSS, DAMAGE OR INJURY TO YOU OR TO YOUR OR OTHERS PROPERTY ARISING OUT OF USE OR POSSESSION OF THE SOFTWARE. THIS PARAGRAPH SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY.
HIGH RISK ACTIVITIESThe Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). MpegTV and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
MISCELLANEOUSIf the copy of the Software you received was accompanied by a printed or other form of "hard-copy" End User License Agreement whose terms vary from this Agreement, then the hard-copy End User License Agreement governs your use of the Software. This Agreement represents the complete agreement concerning this license and may amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by California law (except for conflict of law provisions). The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, or to MpegTV's standard commercial license, as applicable, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is MpegTV LLC, 25 Baker Str #4, San Francisco CA 94117 USA.