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- DIVXNETWORKS, INC. END-USER LICENSE AGREEMENT
-
- YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS
- PRODUCT. IT CONTAINS SOFTWARE, THE USE OF WHICH IS LICENSED BY DIVXNETWORKS,
- INC., TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET FORTH BELOW. IF YOU DO NOT
- AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.
- USING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS.
-
- GRANT OF LICENSE: DivXNetworks, Inc. (the "Licensor") grants to you this
- personal, limited, non-exclusive, non-transferable, non-assignable license
- solely to use in a single copy of the Licensed Works on a single computer for
- use by a single concurrent user only, and solely provided that you adhere to
- all of the terms and conditions of this Agreement. The foregoing is an
- express limited use license and not an assignment, sale, or other transfer of
- the Licensed Works or any Intellectual Property Rights of Licensor.
-
- ASSENT: By opening the file package containing this software, you agree that
- this Agreement is a legally binding and valid contract, agree to abide by the
- intellectual property laws and all of the terms and conditions of this
- Agreement, and further agree to take all necessary steps to ensure that the
- terms and conditions of this Agreement are not violated by any person or
- entity under your control or in your service.
-
- OWNERSHIP OF SOFTWARE: The Licensor and/or its affiliates or subsidiaries own
- certain rights that may exist from time to time in this or any other
- jurisdiction, whether foreign or domestic, under patent law, copyright law,
- publicity rights law, moral rights law, trade secret law, trademark law,
- unfair competition law or other similar protections, regardless of whether or
- not such rights or protections are registered or perfected (the "Intellectual
- Property Rights"), in the computer software and hardware, together with any
- related documentation (including design, systems and user) and other materials
- for use in connection with such computer software in this package
- (collectively, the "Licensed Works"). ALL INTELLECTUAL PROPERTY RIGHTS IN AND
- TO THE LICENSED WORKS ARE AND SHALL REMAIN IN LICENSOR.
-
- NO COMMERCIAL USE: This License Agreement grants you the right to use the
- Software for personal use only. Commercial use of the Software or of the work
- products resulting from its use is not permitted under this License Agreement.
-
- NO TRANSCODING: You are prohibited from using this Software with a commercial
- software or hardware product ("Commercial Product") whose purpose is to
- "transcode" or convert DivX video content into an alternate video format.
- A Commercial Product is one that directly or indirectly generates revenue for
- its author and/or publisher.
-
- RESTRICTIONS:
-
- (a) You are expressly prohibited from copying, modifying, merging, selling,
- leasing, redistributing, assigning, or transferring in any matter, Licensed
- Works or any portion thereof.
-
- (b) You may take a single copy of materials within the package or otherwise
- related to Licensed Works only as required for backup purposes.
-
- (c) You are also expressly prohibited from reverse engineering, decompiling,
- translating, disassembling, deciphering, decrypting, or otherwise attempting
- to discover the source code of the Licensed Works as the Licensed Works
- contain proprietary material of Licensor. You may not otherwise modify,
- alter, adapt, port, or merge the Licensed Works.
-
- (d) You may not remove, alter, deface, overprint or otherwise obscure
- Licensor patent, trademark, service mark or copyright notices.
-
- (e) You agree that the Licensed Works will not be shipped, transferred or
- exported into any other country, or used in any manner prohibited by any
- government agency or any export laws, restrictions or regulations.
-
- (f) You may not publish or distribute in any form of electronic or printed
- communication the materials within or otherwise related to Licensed Works,
- including but not limited to the object code, documentation, help files,
- examples, and benchmarks.
-
- TERM: This Agreement is effective until terminated. You may terminate this
- Agreement at any time by uninstalling the Licensed Works and destroying all
- copies of the Licensed Works. Upon any termination, you agree to uninstall
- the Licensed Works and return or destroy all copies of the Licensed Works, any
- accompanying documentation, and all other associated materials.
-
- GOVERNING LAW: This License Agreement shall be governed by the laws of the
- State of California and by the laws of the United States, excluding their
- conflicts of law principles. The United Nations Convention on Contracts for
- the International Sale of Goods (1980) is hereby excluded in its entirety from
- application to this License Agreement.
-
- WARRANTIES AND DISCLAIMER:
-
- EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN LICENSOR
- AND YOU, THE LICENSED WORKS ARE NOW PROVIDED ╥AS IS╙ WITHOUT WARRANTY OF ANY
- KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
- WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE
- WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES
- NO WARRANTY THAT (i) THE LICENSED WORKS WILL MEET YOUR REQUIREMENTS, (ii) THE
- USE OF THE LICENSED WORKS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
- ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
- LICENSED WORKS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF THE LICENSED
- WORKS WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE LICENSED WORKS WILL
- BE CORRECTED, AND/OR (vi) YOU MAY USE, PRACTICE, EXECUTE, OR ACCESS THE
- LICENSED WORKS WITHOUT VIOLATING THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS.
- SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES
- OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE
- LIMITATIONS MAY NOT APPLY TO YOU. IF CALIFORNIA LAW IS NOT HELD TO APPLY TO
- THIS AGREEMENT FOR ANY REASON, THEN IN JURISDICTIONS WHERE WARRANTIES,
- GUARANTEES, REPRESENTATIONS, AND/OR CONDITIONS OF ANY TYPE MAY NOT BE
- DISCLAIMED, ANY SUCH WARRANTY, GUARANTEE, REPRESENATION AND/OR WARRANTY IS:
- (1) HEREBY LIMITED TO THE PERIOD OF EITHER (A) THIRTY (30) DAYS FROM THE DATE
- OF OPENING THE PACKAGE CONTAINING THE LICENSED WORKS OR (B) THE SHORTEST
- PERIOD ALLOWED BY LAW IN THE APPLICABLE JURISDICTION IF A THIRTY (30) DAY
- LIMITATION WOULD BE UNENFORCEABLE; AND (2) LICENSOR╒S SOLE LIABILITY FOR ANY
- BREACH OF ANY SUCH WARRANTY, GUARANTEE, REPRESENTATION, AND/OR CONDITION SHALL
- BE TO PROVIDE YOU WITH A NEW COPY OF THE LICENSED WORKS.
-
- IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD
- PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY
- KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE
- RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT LICENSOR HAD BEEN
- ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY,
- ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE LICENSED WORKS. SOME
- JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR
- CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO
- YOU. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
- PURPOSE OF ANY LIMITED REMEDY.
-
- SEVERABILITY: In the event any provision of this License Agreement is found to
- be invalid, illegal or unenforceable, the validity, legality and
- enforceability of any of the remaining provisions shall not in any way be
- affected or impaired and a valid, legal and enforceable provision of similar
- intent and economic impact shall be substituted therefor.
-
- ENTIRE AGREEMENT: This License Agreement sets forth the entire understanding
- and agreement between you and DivXNetworks, Inc., supersedes all prior
- agreements, whether written or oral, with respect to the Software, and may be
- amended only in a writing signed by both parties.
-
- DivXNetworks, Inc.
- 10350 Science Center Drive
- Building 14, Suite 140
- San Diego, California 92121
- 8 August 2003