End User License Agreement (EULA)
Do not install or use the software until you have read and accepted all of the license terms. Permission to use the software is conditional upon your agreeing to the license terms. Installation or use of the software by you will be deemed to be acceptance of the license terms. Acceptance will bind you to the license terms in a legally enforceable contract with CyberLink Corp.
* MPEG-2 ACTIVATION POLICY
In the event of video playback or recording activation of MPEG-2 technology the software application will collect a portion of your HP system serial number for activation purposes only.
CyberLink will not collect any personally identifiable information from you for this.
* SOFTWARE LICENSE AND LIMITED WARRANTY
This EULA is an agreement between you, the end user, and CyberLink Corp. ("CyberLink"). By using this software, you agree to be bound by the terms of this EULA.
If you agree to abide by these conditions, please click "Yes". IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, PLEASE DO NOT USE THIS SOFTWARE AND PROMPTLY REMOVE IT FROM YOUR COMPUTER.
* GRANT OF LICENSE
CyberLink, as licensor, grants to you, the licensee, a non-exclusive right to install the accompanying software program(s) (hereinafter the "SOFTWARE") on a certain number of computer(s) in accordance with the number of the license you purchase and use the SOFTWARE in accordance with the terms contained in this license. You shall not rent, lease, sublicense, modify, alter, reverse engineer, disassemble, decompile, or create any derivative work of the SOFTWARE, or remove any copyright notice or proprietary legend contained in the SOFTWARE. You shall not reproduce the SOFTWARE unless for backup purpose and limited to one copy only. You acknowledge this SOFTWARE is licensed to you, not sold to you. The SOFTWARE must be lawfully acquired from CyberLink or through CyberLink’s authorized resellers otherwise you do not have a right to use the SOFTWARE. You agree that once SOFTWARE is operated, used or installed; you may not resell it to another person or entity accompanying the Documentation and the license agreement. Such resell will cause an automatic termination of your license to use the SOFTWARE . You own and are responsible for the risk in purchasing or obtaining the SOFTWARE from unauthorized networks and resellers or the used SOFTWARE.
* OWNERSHIP OF SOFTWARE
CyberLink retains the copyright, title and ownership of the SOFTWARE and the written materials ("Documentation") regardless of the form or media in or on which the original and other copies may exist.
* UPGRADES
If this copy of the SOFTWARE is an upgrade from an earlier version of the SOFTWARE, it is provided to you on a license exchange basis. Upon your installation and use of this copy of the SOFTWARE, you agree to voluntarily terminate your earlier EULA and you will not continue to use the earlier version of the SOFTWARE or resell it to another person or entity.
* USE OF PICTURES LICENSED BY THIRD PARTIES
You may use pictures, if any, provided in the SOFTWARE, which may be licensed from third parties, to demonstrate or complete your work created by the use of the SOFTWARE; provided that you should not use the pictures in any illegal or immoral manner, nor shall you grant your right to use to any third party. CyberLink does not provide any warranty or representation to these pictures from third parties.
*USAGE RESTRICTION
You agree to use the SOFTWARE solely for personal and non-commercial purpose. You also acknowledge that no rights are granted or may be extended to you to use the SOFTWARE with MPEG-4 Video Content unless such MPEG-4 Content is sold or delivered to you by a content outlet licensed under the MPEG-4 Essential Claims to make such sale or delivery.
* LIMITED WARRANTY
CyberLink warrants the media on which the SOFTWARE is furnished to be free of defects in material and workmanship, under normal use, for a period of ninety (90) days following the date of delivery to you. If there is defect in the media, CyberLink's sole liability shall be to replace the defective media, which has been returned to CyberLink or the supplier with your dated invoice and is shown to be defective. In the event that CyberLink is unable to replace defective media, CyberLink shall at its sole discretion either refund your money upon your termination of this license or replace it with the newer version of the same software.
THIS SOFTWARE AND ACCOMPANYING DOCUMENTATION (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND ARE NOT GUARANTEED FAIL-SAFE. FURTHER, CYBERLINK DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE, OF THE SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. IF THE SOFTWARE OR DOCUMENTATION IS DEFECTIVE, YOU, AND NOT CYBERLINK OR ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR OR CORRECTION.
CYBERLINK DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, REGARDLESS OF WHETHER IT IS MADE BY CYBERLINK, ON THIS CYBERLINK PRODUCT. CYBERLINK DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CYBERLINK, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
NEITHER CYBERLINK NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT EVEN IF CYBERLINK HAS BEEN ADVISED OF THE POSSBILITY OF SUCH DAMAGES.
Should any other warranties be found to exist, such warranties shall be limited in duration to ninety (90) days following the date of delivery to you. In no event will CyberLink's liability for any damages to you or any other person exceed the amount paid for the license to use the SOFTWARE.
You agree to bear the full, complete, and sole responsibility for using the SOFTWARE for any purpose. You also agree to indemnify and hold CyberLink harmless from any claims, proceedings, damages, costs, and expenses resulting from your use of the SOFTWARE for any illegal purpose or violation of this EULA.
Upon termination of this EULA, you should destroy the SOFTWARE and the Documentation and all the copies thereof and remove and delete the SOFTWARE from your hard disk or other storage device.
This EULA constitutes the entire agreement between you and CyberLink Corp. This EULA shall be governed and construed in accordance with the laws of Taiwan and shall benefit CyberLink, its successors and assigns.
Any claim or dispute between you and CyberLink or against any agent, employee, successor or assign of CyberLink, whether related to this EUL A or otherwise, and any claim or dispute related to this EULA or the relationship or duties contemplated under this EULA , including the validity of this arbitration clause, shall be resolved in Taipei, Taiwan, pursuant to the Taiwan Arbitration Act.
This localized version of the EULA is for reference only. In case of inconsistencies between the localized version and the English version, the English version will prevail.
This product includes "Matroska libembl and Matroska libmatroska" which are under GNU LGPL and GNU GPL licenses:
Copyright (R) 2005 - 2009 CoreCodec, Inc. All Rights Reserved.
Matroska, MKV, and the Matroska logos are either trademarks or registered trademarks of CoreCodec, Inc.