EULA - End User License Agreement
MUVEE END USER LICENSE AGREEMENT PLEASE READ THE LICENSE TERMS FOR YOUR MUVEE PRODUCT CAREFULLY BEFORE USING THE SOFTWARE. BY INSTALLING AND/OR USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. PLEASE ALSO READ THE PRODUCT SPECIFIC LICENSE TERMS FOR YOUR PARTICULAR MUVEE PRODUCT BELOW The copyright and any other intellectual property rights in the Software and data that constitute this product (the Software) are and remain the property of muvee Technologies Pte Ltd and all its subsidiaries (MUVEE). ACCEPTANCE You will be licensed to use the Software (and will therefore become the Licensee) only if you accept all the terms and conditions in this Agreement, by clicking on the acceptance button that follows this Agreement and/or using the Software, and paying the applicable license fee (or you are using the Software under the limited trial). If you are accepting the terms of this Agreement on behalf of a corporate licensee, you are representing to MUVEE that you are authorized to do so. If you are not so authorized, then you assume personal liability for the obligations set out in this Agreement. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK TO INDICATE THAT YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT AND DO NOT INSTALL AND/OR USE THE SOFTWARE. INTELLECTUAL PROPERTY By installing the Software you undertake not to use your access to the Software in order to develop or assist in the development of any software which uses or emulates the novel and innovative technologies and features of the Software, or which has a similar user interface to the Software or which uses signal analysis of audio and/or video in order to automate or facilitate the task of editing, animating, compositing or altering video or any other digital media. You further undertake not to copy, merge, sell, distribute, rent, lease, transfer, assign, modify, translate, reverse engineer, decompile, disassemble, decipher, decrypt or create derivative works based on, or otherwise discover the source code of the Software or make it available to third parties under any circumstances. You agree that the Software 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. You may not publish or distribute in any form of electronic or printed communication the materials within or otherwise related to the Software, including but not limited to the object code, documentation, help files, examples, and benchmarks. You undertake not to use the Software to create works which infringe the intellectual property rights of third parties. In the event of any such unauthorized use you agree to indemnify MUVEE from any claims or losses. You acknowledge that any media, including but not restricted to music and/or video(s) and/or image materials which are provided with the Software (Sample Media), are provided for example purposes only. You shall not copy, sublicense, sell, broadcast or distribute any or all of the Sample Media except in muvees created under the terms of this Agreement. You agree not to use the Software to create output or content which violates the laws of your country, or which incites racial, ethnic, religious or sectarian hatred or acts of violence. THIRD PARTY SOFTWARE The Software may at this time or in future contain and/or incorporate the functionality of third party software and/or components, including but not limited to software recognized by the following names and/or licensors: MainConcept (MPEG2, MPEG1, HD), MPEG LA, DivX, Via Licensing (AAC), QuickTime (MPEG4, H.264, MOV), VoiceAge (AMR), NTI, AthenTech, Adobe Flash player, Intel OpenCV, Milan Ikits Marcelo Magallon (OpenGL), AC3, 3GP, and others (Third Party Software). To the extent that the Software contains any Third Party Software, you agree that you shall only use the Third Party Software as part of the Software (muvee Reveal), subject to the terms of this Agreement and any other applicable licenses or agreements, and that you shall not copy, merge, sell, distribute, rent, lease, transfer, assign, modify, translate, reverse engineer, decompile, disassemble, decipher, decrypt or create derivative works based on, or otherwise discover the source code of the Third Party Software or make it available to third parties under any circumstances. MPEG-2 Notice. To the extent that the Software contains MPEG-2 functionality, the following provision applies: ANY USE OF THIS PRODUCT OTHER THAN CONSUMER PERSONAL USE IN ANY MANNER THAT COMPLIES WITH THE MPEG-2 STANDARD FOR ENCODING VIDEO INFORMATION FOR PACKAGED MEDIA IS EXPRESSLY PROHIBITED WITHOUT A LICENSE UNDER APPLICABLE PATENTS IN THE MPEG-2 PATENT PORTFOLIO, WHICH LICENSE IS AVAILABLE FROM MPEG LA, L.L.C, 250 STEELE STREET, SUITE 300, DENVER, COLORADO 80206. Use of MPEG-4. This product is licensed under the MPEG-4 Systems Patent Portfolio License for encoding in compliance with the MPEG-4 Systems Standard, except that an additional license and payment of royalties are necessary for encoding in connection with (i) data stored or replicated in physical media which is paid for on a title by title basis and/or (ii) data which is paid for on a title by title basis and is transmitted to an end user for permanent storage and/or use. Such additional license may be obtained from MPEG LA, LLC. See http://www.mpegla.com for additional details. This product is licensed under the MPEG-4 Visual Patent Portfolio License for the personal and non-commercial use of a consumer for (i) encoding video in compliance with the MPEG-4 Visual Standard ("MPEG-4 Video") and/or (ii) decoding MPEG-4 video that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a video provider licensed by MPEG LA to provide MPEG-4 video. No license is granted or shall be implied for any other use. Additional information including that relating to promotional, internal and commercial uses and licensing may be obtained from MPEG LA, LLC. See http: //www.mpegla.com. H.264/AVC Notice. To the extent that the Software contains AVC encoding and/or decoding functionality, commercial use of H.264/AVC requires additional licensing and the following provision applies: THE AVC FUNCTIONALITY IN THIS PRODUCT IS LICENSED HEREIN ONLY FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD ("AVC VIDEO") AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR AVC VIDEO THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C. SEE HTTP://WWW.MPEGLA.COM. AMR Notice. To the extent that the Software contains Adaptive Multi-Rate ("AMR") encoding and decoding functionality, you are not licensed to perform cellular voice calls, or for use in any telephony products using the Software. The AMR encoding and decoding functionality in this product is also not licensed for use in a cellular communications infrastructure including: base stations, base station controllers/radio network controllers, switching centers, and gateways to and from the public switched network. WARRANTIES AND EXCLUSIONS The Software, and all accompanying materials, are distributed "as is" with no warranties of any kind, whether express or implied, including but not limited to all applicable statutory warranties. Such exclusion of the statutory warranties shall be deemed valid to the full extent permissible under the applicable law. In no event shall MUVEE be liable for any indirect, special, incidental, consequential, or punitive damages whatsoever relating to its use or inability to be used, even if MUVEE has been advised of the possibility of such damages. MUVEE is not responsible for the content and the origin of data and Sample Media that are obtained from third parties, and MUVEE is not accountable for modification or utilization of these Sample Media by the Software. This Agreement gives you specific legal rights, and you may also have other rights in your own country. The above limitations and exclusions shall apply to the fullest extent permitted by the laws of your jurisdiction. If any part of the above limitations or exclusions is held to be void or unenforceable, that part shall be deemed to be deleted from this Agreement and the remainder of the limitation or exclusion shall continue in full force and effect. Any rights which you may have as a consumer are not affected. PRIVACY By using the Software you accept that the Software may communicate with MUVEEs servers for the purpose of update notification and copy protection. MUVEE warrants that this information shall be treated as confidential. The terms of the current Privacy Statement for muvee Reveal are hereby adopted as part of this Agreement. TERM This Agreement is effective until terminated. You may terminate this Agreement at any time by uninstalling the Software and destroying all copies of the Software. Upon any termination, you agree to uninstall the Software and return or destroy all copies of the Software, any accompanying documentation, and all other associated materials. COMPLETE AGREEMENT This Agreement constitutes the complete and exclusive terms of the agreement between MUVEE and you with respect to the Software and supersedes all marketing materials, proposals, representations, understandings and prior agreements, whether oral or written, and all other communications between the parties relating thereto. This License shall be governed by and construed according to the laws of the Republic of Singapore. PRODUCT SPECIFIC LICENSE GRANT MUVEE REVEAL Provided that you have accepted the terms of this Agreement and paid the applicable license and/or subscription fee (or you are using the Software under the limited trial), MUVEE grants you a limited, non-exclusive, non-transferable, non-assignable license to use and copy the Software for use on one single computer system leased and/or controlled by you or any member of your corporate group, for NON-COMMERCIAL purposes (i.e. you may NOT make video productions which are sold or licensed to third parties, are broadcast, rented or distributed on websites or in other visual media for any form of fees, payment or royalty) subject to the following. You may: (a) use the Software on any single computer; (b) use the Software on a second computer so long as the first and second computers are not used simultaneously; and (c) copy the Software for back-up purposes only. This Agreement does not grant you any right to any enhancement or upgrade and is an express limited-use license and not an assignment, sale, or other transfer of the Software or any Intellectual Property Rights of the respective owners of such rights. PRODUCT SPECIFC LICENSE GRANT MUVEE REVEAL BUSINESS PACK Provided that you have accepted the terms of this Agreement and paid the applicable license and/or subscription fee (or you are using the Software under the limited trial), MUVEE grants you a limited, non-exclusive, non-transferable, non-assignable license to use and copy the Software for use on one single computer system leased and/or controlled by you or any member of your corporate group, for COMMERCIAL purposes (i.e. making video productions which are sold or licensed to third parties, are broadcast, rented or distributed on websites or in other visual media for any form of fees, payment or royalty) subject to the following. You may: (a) use the Software on any single computer; (b) use the Software on a second computer so long as the first and second computers are not used simultaneously; and (c) copy the Software for back-up purposes only. You are reminded that if you use the MUVEE REVEAL BUSINESS PACK to create commercial productions that you may be required to make appropriate payments to third-party licensing authorities for use of patented IP. It is your responsibility to execute appropriate agreements and make payment(s) to those third parties accordingly (please read carefully the notes on Third Party Software above for further details). TERM You may terminate this Agreement at any time by uninstalling the Software and destroying all copies of the Software. Upon any termination, you agree to uninstall the Software and return or destroy all copies of the Software, any accompanying documentation, and all other associated materials. This Agreement does is an express limited-use license and not an assignment, sale, or other transfer of the Software or any Intellectual Property Rights of the respective owners of such rights. Where music tracks from Stock20, LLC are included as part of the MUVEE REVEAL BUSINESS PACK package these tracks may ONLY be used to make muvees with the MUVEE REVEAL BUSINESS PACK software and may not be used for any other purpose. Your license to this music does not allow you to share, re-sell, reproduce, or transfer the music itself to other individuals or companies for their use. When using any of the Stock20.com music tracks provided with MUVEE REVEAL BUSINESS PACK you agree to be bound by the following Stock20.com licensing terms: Stock20 General Terms Each Stock20.com musical composition is granted to the purchaser with an UNLIMITED, nonexclusive, non-transferable, non-assignable, worldwide, royalty-free license for use in television production, radio or audio production, commercials, film, multimedia and other media projects. Your license does not allow you to share, re-sell, reproduce, or transfer the music itself to other individuals or companies for their use. If you do this, you will be subject to fines and criminal prosecution. You will also be a bad person (what would your mother think?) You may not make the Stock20.com Music Tracks available to your clients in a "self-serve" manner. In other words, they must not have ongoing creative control (mixing, editing, changing songs, changing synchronized content), but the Stock20.com Music Tracks can play on a DVD that you (the Purchaser) make for them. Stock20.com, and all copyright relating to all music and sounds in the Stock20.com library, are owned or controlled by Daniel Rudd. Mechanical Rights Stock20.com grants you, the Purchaser, the right to duplicate and release the music as part of your production in whatever medium you choose (video tape, film, CD ROM, DVD, etc.). Synchronization Rights Stock20.com grants you, the Purchaser, the right to use the music as a soundtrack "synced" with visual images as part of your production. Public Performance Rights Stock20.com grants you, the Purchaser, the right to use the music as part of the public viewing or broadcast of your production (including but not limited to TV shows, videos, Dads, web sites, pod-casts, multimedia presentations, and films). Regional and national broadcast performance rights shall be granted under the terms of the corresponding performance rights societies. A producer generally does not have to pay any performance royalties to organization such as ASCAP and BMI, but they are expected to include cue sheet information with their production. For information on cue sheets please visit:www.stock20.com/cuesheets General Rights You, the Purchaser, shall: 1. Use the Stock20.com Music Tracks without restriction for your lifetime within different or various works or projects as you see fit. 2. Broadcast the Stock20.com Music Tracks (as part of your production) over any public or private medium that complies with FCC guidelines. 3. Transfer the Stock20.com Music Tracks to any medium necessary (video, film, reel to reel, digital, etc.) to complete your production project. 4. For audio-only projects, you must voice over the Stock20.com Music Track in intervals of 20 seconds or less. If you need more time than this, please contact us. 5. Use the music themes for any visual productions (film, video, internet, etc.) in their entire length and these productions may be duplicated without restriction.(Restrictions) You, the Purchaser, shall not: 1. Re-record or change the music in any way without the written consent of the owner. (You may, however, edit the length to fit the needs of a project.) 2. Claim ownership or authorship of the Stock20.com Music Tracks represented under this Agreement. 3. Transfer, share or sub-lease this Agreement with any other party. 4. Sell the Stock20.com Music Tracks contained herein outright to any other individual or party. (The Stock20.com Music Tracks can be sold as part of your production, which is a clear and distinct product from the music itself.) Limitation of Liability Stock20.com makes no warranty or representation, express or implied, except that it warrants that it has the right to grant the license granted hereunder. The total liability of Stock20.com under this Agreement shall be limited to that part of the fee paid hereunder by you, the Purchaser, to Stock20.com for the license. You hereby agree that this license is granted to you without any other warranty or recourse. Indemnification You, the Purchaser, agree to hold harmless, indemnify and defend Stock20.com, from and against any losses, damages, fines and expenses (including attorneys fees and costs) arising out of or relating to any claims that you have copied any materials (other than materials provided by Stock20.com) in connection with your production or media in violation of another partys rights or in violation of any law. If you are importing or exporting media (i.e. CD, tape, et.) from the United States, you shall indemnify and hold Stock20.com harmless from and against any import and export duties or other claims arising from such importation. Miscellaneous 1. This Agreement shall constitute the complete and exclusive agreement between the Parties. 2. This Agreement may be amended by Stock20.com at any time. The ammended agreement will only affect the license agreements which are purchased after those amendments have been made. Licenses which have already been purchased will not be superseded by the new terms unless both parties agree in writing. This Agreement may not be amended by you the purchaser. 3. This Agreement shall be governed by the laws of the State of Michigan, without regard to conflicts of law provisions, and you, the Purchaser, hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the State of Michigan. Any and all unresolved disputes arising under this Agreement shall be submitted to arbitration in the State of Michigan. The arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. 4. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. 5. Nothing in this Agreement shall be interpreted as constituting or creating a joint venture or partnership between the Parties. Copyright 2001-2010 muvee Technologies Pte. Ltd.