YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE
USING THIS PRODUCT. IT CONTAINS SOFTWARE, THE USE OF WHICH IS LICENSED
BY GRANT BOVEE, TO HIS 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.
LICENSE: Grant Bovee grants you a personal, limited, non-
exclusive license to use the accompanying software program(s) (the
"Software") subject to the terms and restrictions set forth in this
License Agreement. You are not permitted to lease or rent (except under
separate mutually agreeable terms set forth in writing), distribute or
sublicense the Software or to use the Software in a time-sharing
arrangement or in any other unauthorized manner. Further, no license is
granted to you in the human readable code of the Software (source code).
Except as provided below, this License Agreement does not grant you any
rights to patents, copyrights, trade secrets, trademarks, or any other
rights in respect to the Software.
The Software is licensed to be used on any computing device. You may
reproduce and provide one (1) copy of such Software for each computing
device on which such Software is used as permitted hereunder. Otherwise,
the Software and supporting documentation may be copied only as
essential for backup or archive purposes in support of your use of the
Software as permitted hereunder. You must reproduce and include all
copyright notices and any other proprietary rights notices appearing on
the Software on any copies that you make.
NO ASSIGNMENT; NO REVERSE ENGINEERING: You may transfer the Software and
this License Agreement to another party if the other party agrees in
writing to accept the terms and conditions of this License Agreement. If
you transfer the Software, you must at the same time either transfer all
copies of the Software as well as the supporting documentation to the
same party or destroy any such materials not transferred. Except as set
forth above, you may not transfer or assign the Software or your rights
under this License Agreement.
Modification, reverse engineering, reverse compiling, or disassembly of
the Software is expressly prohibited. Analyzing the input to and output
from the Software is expressly prohibited except when this is done
solely to evaluate the subjective quality of the Software's visual and
audio processes. You may not otherwise modify, alter, adapt, port, or
merge the Software except as specified in this License Agreement.
EXPORT RESTRICTIONS: You agree that you will not export or re-export the
Software or accompanying documentation (or any copies thereof) or any
products utilizing the Software or such documentation in violation of
any applicable laws or regulations of the United States or the country
in which you obtained them.
TRADE SECRETS; TITLE: You acknowledge and agree that the structure,
sequence and organization of the Software are the valuable trade secrets
of Grant Bovee. You agree to hold such trade
secrets in confidence. You further acknowledge and agree that ownership
of, and title to, the Software and all subsequent copies thereof
regardless of the form or media are held by Grant Bovee.
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. Such use may be permitted under another license,
which must be separately agreed to by you and Grant Bovee.
INTELLECTUAL PROPERTY: All intellectual property rights in and to this
Software are and shall remain with Grant Bovee.
TERM AND TERMINATION: This License Agreement is effective until
terminated. You may terminate it at any time by destroying the Software
and documentation together with all copies and merged portions in any
form. It will also terminate immediately if you fail to comply with any
term or condition of this License Agreement. Upon such termination you
agree to destroy the Software and documentation, together with all
copies and merged portions in any form.
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.
LIMITED WARRANTY; LIMITATION OF LIABILITY: EXCEPT AS EXPRESSLY PROVIDED
OTHERWISE IN A WRITTEN AGREEMENT BETWEEN DIVXNETWORKS, INC. AND YOU, THE
SOFTWARE IS 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,
GRANT BOVEE MAKES NO WARRANTY THAT (i) THE SOFTWARE WILL MEET
YOUR REQUIREMENTS, (ii) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF THE SOFTWARE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN
THE SOFTWARE WILL BE CORRECTED, AND/OR (vi) YOU MAY USE, PRACTICE,
EXECUTE, OR ACCESS THE SOFTWARE 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
ALASKA 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 SOFTWARE OR (B) THE SHORTEST PERIOD ALLOWED BY
LAW IN THE APPLICABLE JURISDICTION IF A THIRTY (30) DAY LIMITATION WOULD
BE UNENFORCEABLE; AND (2) THE SOLE LIABILITY OF DIVXNETWORKS, INC. FOR
ANY BREACH OF ANY SUCH WARRANTY, GUARANTEE, REPRESENTATION, AND/OR
CONDITION SHALL BE TO PROVIDE YOU WITH A NEW COPY OF THE SOFTWARE.
IN NO EVENT SHALL GRANT BOVEE OR HIS 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 GRANT BOVEE 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 SOFTWARE. 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 Grant Bovee,
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.
Thank you for your interest,
Grant
For information about commercial licensing please email grantbovee@hotmail.com
