GeoVid Flash Player is a tool for audio extraction from Vodeo files.
2.0 LICENSE.
Geovid is making this software program (the "GeoVid Flash Player") available free through either the GeoVid Flash Player Web site at http://www.geovid.com or bundled with other Geovid offerings. Geovid is licensing you the right to use the GeoVid Flash Player during the time that this Agreement is in effect subject to your compliance with the terms and conditions of this Agreement. The GeoVid Flash Player is licensed to you for the sole purpose of engaging in personal, non-commercial use and provided that you do so in accordance with the terms and conditions of this Agreement. All rights relating to the GeoVid Flash Player that are not expressly licensed in this Agreement, whether now existing or which may hereafter come into existence, are reserved for Geovid. This license shall terminate immediately upon any violation by you of this Agreement.
3.0 PROHIBITED CONDUCT.
You represent and warrant that you will not violate any of the requirements of this Agreement and further represent and warrant that:
- You will not, and will not permit others to, (i) reverse engineer, decompile, disassemble, derive the source code of, modify, or create derivative works from the GeoVid Flash Player, or (ii) copy, distribute, publicly display, or publicly perform the GeoVid Flash Player other than as expressly authorized by this Agreement.
- You will not use the GeoVid Flash Player to engage in or allow others to engage in any illegal activity.
- You will not engage in use of the GeoVid Flash Player that will interfere with or damage the operation of the services of Geovid or third parties by overburdening/disabling network resources through automated queries, excessive usage or similar conduct that exceeds the permitted personal, non-commercial use.
- You will not sell the GeoVid Flash Player or charge others for use of the GeoVid Flash Player.
- You will not use the GeoVid Flash Player to engage in any activity that will violate the rights of third parties, including, without limitation, through the use, public display, public performance, reproduction, distribution, or modification of communications or materials that infringe copyrights, trademarks, publicity rights, privacy rights, other proprietary rights, or rights against defamation of third parties.
- You may not claim any sponsorship by, endorsement by, or affiliation with Geovid.
4.0 RELEASE AND INDEMNITY.
You agree to release, defend, indemnify and hold harmless Geovid, their officers, directors, employees, agents, independent contractors, attorneys, accounts, parent corporations, subsidiary corporations, affiliates, successors, and assigns, from and against any and all liability, claims, actions or demands by yourself or any other party resulting from or relating to your use or misuse of the GeoVid Flash Player. You waive all laws that may limit the efficacy of such a release or indemnity.
5.0 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
THE GeoVid Flash Player IS SUPPLIED "AS IS" AND ALL USE IS AT YOUR OWN RISK. Geovid DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE GeoVid Flash Player, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE OPERATION OF THE GeoVid Flash Player WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE.
Some jurisdictions do not permit disclaimers of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
UNDER NO CIRCUMSTANCES SHALL Geovid BE LIABLE TO ANY USER FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (EVEN IF Geovid HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT, THE GeoVid Flash Player, OR USER'S USE OR MISUSE OF THE GeoVid Flash Player OR ANY OTHER SERVICES PROVIDED BY Geovid. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OR MISUSE OF THE GeoVid Flash Player OR ANY OTHER SERVICES SUPPLIED BY Geovid (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), OR ERRORS OF THE GeoVid Flash Player.
Some jurisdictions do not permit limitations of liability. In such jurisdictions, the foregoing limitations may not apply to you.
6.0 INTELLECTUAL PROPERTY.
By accepting this Agreement, you acknowledge that Geovid is the owner of all intellectual property rights in and to the GeoVid Flash Player including copyright, trademark, patent, trade secret and all other proprietary rights that are existing throughout the world.
7.0 CHOICE OF LAW, JURISDICTION, AND VENUE.
This Agreement shall be governed by and construed in accordance with the laws of the United States and the Commonwealth of Massachusetts as applied to agreements entered into and to be performed entirely within that Commonwealth between residents of that Commonwealth. The state and federal courts in Massachusetts shall be the exclusive jurisdiction, forum, and venue to resolve any and all disputes arising out of or relating to this Agreement. You consent to personal jurisdiction and venue in state or federal court in Massachusetts.
8.0 MODIFICATION.
Geovid reserves the right to modify or amend this Agreement at any time and for any reason or for no reason at all, in their sole discretion, without notice.
9.0 TERM AND TERMINATION.
This Agreement is terminable at will by you or by Geovid for any reason or for no reason at all, in either your, Geovid' sole discretion. This Agreement shall terminate immediately upon any breach by you. Upon termination, you agree to discard all copies of the GeoVid Flash Player. All provisions of this Agreement which by their nature extend beyond termination remain in effect until fulfilled and apply to respective successors and assigns.
10.0 PRIVACY.
Except as described herein, use of the GeoVid Flash Player Site is governed by our Privacy Policy, a copy of which is located at http://www.geovid.com.
11.0 NOTIFICATIONS OF INFRINGEMENT.
Geovid processes, investigates, and responds to notifications of alleged infringement in accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Geovid will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
12.0 MODIFICATION OF THE GeoVid Flash Player SITE, FREEWARE AND SERVICES.
Geovid reserves the right to modify the GeoVid Flash Player Site, the GeoVid Flash Player, and at any time and for any reason, or for no reason at all, in Geovid' sole discretion, without notice.
The GeoVid Flash Player is programmed to operate and in order to check for program upgrades or enhancements. From time to time new files may be added to your computer in order to upgrade the GeoVid Flash Player or add new functionality to it. These changes may occur without notice to you. Any new files shall be considered a part of the GeoVid Flash Player and become subject to this Agreement.
13.0 REGISTRATION AND ACCEPTANCE.
By clicking the "I Accept" box and installing and/or loading the GeoVid Flash Player, each user represents and warrants that he or she is 18 years of age or older, is capable of entering into a binding legal agreement, and has read, understands, and agrees to be bound by all provisions of this Agreement. Any parent or guardian of a person under the age of 18 may accept this Agreement on behalf of a user. By doing so, any such parent or guardian represents and warrants that he or she is 18 years of age or older, is capable of entering into a binding legal agreement, agrees to accept full responsibility for the child's use of the GeoVid Flash Player, and has read, understands, and agrees to be bound by the Agreement.
