The Software Programs/Utilities and documentation provided by SoleraTec under the name of Phoenix are licensed only on the condition that you (referred to as "YOU" or "Licensee") agree with SoleraTec LLC (referred to as "Company") to the terms and conditions set forth below.
BY CLICKING ON THE "START DOWNLOAD" BUTTON, OPENING THE PACKAGE, DOWNLOADING THE PRODUCT, OR USING THE EQUIPMENT THAT CONTAINS THIS PRODUCT, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE, RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND, OR DO NOT DOWNLOAD THE PRODUCT.
In consideration for use of the Software, Licensee hereby agrees to the following terms and conditions:
- "Documentation" shall mean the documentation provided in connection with the Software.
- "Effective Date" shall mean the date on which Licensee opens the package, downloads the product, or uses equipment that contains the product.
- "Software" shall mean the object code of the Programs/Utilities included on the delivered digital media.
This Agreement may be terminated by Licensee at any time by destroying the Software, together with all copies thereof. This Agreement will also terminate automatically and without notice if Licensee fails to comply with any term or condition of this Agreement. Termination of this Agreement shall terminate Licensee's license to the Software. All other terms and conditions of this Agreement shall survive termination in perpetuity.
- Company grants to Licensee a nonexclusive, nontransferable license to use one (1) copy of the Software, in object code form only, on one computer, and the Documentation, which use shall be limited to Licensee’s internal use. The Software and Documentation are licensed, and not sold, to Licensee.
- Licensee may make one (1) copy of the Software for archival purposes. Licensee may use the Documentation only in connection with Licensee's use of the Software as authorized in Section 3.1 above. Licensee shall have no right to reproduce, modify, transfer, disclose, or distribute any Documentation.
- Licensee shall not, and shall not permit any third party to: (a) reverse engineer, disassemble, create derivative works and/or modify the Software; (b) except as specifically set forth below in section 3.4, assign, rent, lease, sell, transfer, or sublicense the Software; (c) electronically transfer or transmit the Software; (d) translate the Software into another computer language; or (e) copy or otherwise reproduce the Software or Documentation, other than as specifically authorized in this Section.
- Licensee may sublicense the Software to another party provided that such sublicense is granted on the same terms and conditions as are set forth herein. It is the sole responsibility of the Licensee to obtain acceptance of these terms and conditions from any party to whom the Software is sublicensed.
- In order to constitute a validly sublicensed copy, the Software must be reproduced in its entirety and without modification, including but not limited to any copyright notice, serial number, and any other notice affixed thereto.
- The Software and Documentation, and all intellectual property contained therein, are and shall remain the sole and exclusive property of Company and its licensors and are protected by copyright and trade secret laws and international copyright treaty provisions.
- Licensee shall not remove, modify, or in any manner tamper with any copyright, trademark or other proprietary notices embodied in the Software or on the Documentation, on any copy of the Software and Documentation, in any form, in whole or in part.
WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS
- COMPANY MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE SOFTWARE AND IT IS LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR ENTITY ARE VOID. COMPANY MAKES NO REPRESENTATIONS THAT ANY PROGRAMMABILITY COMPLIES WITH THE APPLICABLE STATUTES, LAWS, OR REGULATIONS.
- LICENSEE ASSUMES ALL RISK AS TO THE SELECTION, USE, PERFORMANCE AND QUALITY OF THE SOFTWARE. IN NO EVENT WILL COMPANY OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE BE LIABLE FOR SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS OR INABILITY TO USE THE SOFTWARE, EVEN IF COMPANY OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Some states and/or countries do not allow limitations on how long an implied warranty lasts and some states and/or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusion may not apply to Licensee. This warranty gives Licensee specific legal rights, and Licensee may also have other rights which vary from state to state and/or country to country.
- If any provision or portion of a provision of this Agreement is determined to be invalid or unenforceable, it shall be deemed to be revised to the extent necessary to make it enforceable, or omitted if necessary, and the remaining provisions of this Agreement shall remain in full force and effect.
- This Agreement is governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law principles. The parties to this Agreement hereby irrevocably consent to the personal jurisdiction of the state and federal courts located in San Diego, California to resolve any dispute or controversy related to this Agreement.
- This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior agreements, representations, statements and undertakings are hereby expressly canceled.
- Neither party hereto shall be liable in any manner for failure or delay in fulfillment of all or part of this Agreement directly or indirectly owing to any causes or circumstances beyond its reasonable control, including, but not limited to, acts of God.
EXPORT CONTROL REGULATIONS
Licensee acknowledges and agrees that none of the Software, Documentation or underlying information or technology may be installed or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iran, North Korea, Sudan, Syria and any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's List of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. Licensee further represents and warrants that it is not located in, under the control of, or a national or resident of any such country or on any such list, and will not transfer the Software to any of the foregoing.
U.S. GOVERNMENT RESTRICTED RIGHTS
The Software is provided with RESTRICTED RIGHTS. The use, duplication, or disclosure by the Government is subject to restrictions as set forth in subdivision (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at 52.227-7013. The manufacturer of this Software is: SoleraTec, 2430 Auto Park Way, Suite 205, Escondido, California 92029 USA.
This product can be configured to use QuickTime software; Copyright 2009 Apple Inc., All rights reserved. This product can be configured to use VLC media player software, Copyright VideoLAN team, All rights reserved. This product uses wxWidgets software; Copyright 1998-2005 Julian Smart & Robert Roebling et al. This product can be configured to use FFmpeg software, Copyright FFmpeg project.
The manufacturer provides product manuals "as is," makes no representations or warranties with respect to their contents or use, and specifically disclaims any expressed or implied warranties of merchantability or fitness for any particular purpose. The manufacturer reserves the right to make changes to the content of this manual, at any time, without obligation to notify any person or entity of such changes.
The software described in this document is furnished under a license agreement. The software may be used or copied only in accordance with the terms of the agreement. It is against the law to copy the software on any medium except as specifically allowed in the license agreement. No part of this manual may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or information storage and retrieval systems, for any purpose other than the purchaser's personal use, without the express written permission of the manufacturer.
© SoleraTec 2018 . All Rights Reserved.