| END-USER LICENSE AGREEMENT FOR Arc Multimedia
Products
Important - read carefully:
This End-User License Agreement ("EULA") is a legal
agreement between you (either an individual or a single entity)
and Arc Multimedia.COM ("AUTHOR") for the computer
software identified above ("SOFTWARE"), any third
party software made available in conjunction with the SOFTWARE
("THIRD PARTY SOFTWARE") and any associated media,
printed materials, and "online" or electronic documentation
(collectively, "SOFTWARE PRODUCT"). By installing,
copying, or otherwise using the SOFTWARE PRODUCT, you agree
to be bound by the terms of this EULA. If you do not agree
to the terms of this EULA, do not install or use the SOFTWARE
PRODUCT.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international
copyright treaties, as well as other intellectual property
laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
GRANT OF LICENSE.
The SOFTWARE PRODUCT is protected by copyright laws and international
copyright treaties, as well as other intellectual property
laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
Distribution.
You may distribute an unlimited number of copies of the SOFTWARE
PRODUCT directly to end users; provided that (i) each copy
shall be a true and complete copy, including all copyright
and trademark notices, and shall be accompanied by a copy
of and governed by the terms of this EULA; (ii) such distribution
shall be governed by terms no less protective than the terms
of this EULA; (iii) you agree to terminate your distribution
of the SOFTWARE PRODUCT immediately at any time and for any
reason upon request by AUTHOR; (iv) you shall not serve or
otherwise place any advertisements during the download or
installation process of the SOFTWARE PRODUCT; (v) you shall
not offer, download or install, any additional products during
the download or installation process of the SOFTWARE PRODUCT;
and (vi) as part of the installation process for the SOFTWARE
PRODUCT, you shall provide end users with an opportunity affirmatively
to select to install any THIRD PARTY SOFTWARE or not to install
any THIRD PARTY SOFTWARE; and (vii)copies of the SOFTWARE
PRODUCT may be distributed with your own product or any other
product only with the prior written consent of AUTHOR.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
You acknowledge that AUTHOR or licensor of THIRD PARTY SOFTWARE
("LICENSOR") owns all right, title and interest
in and to the SOFTWARE PRODUCT, portions thereof, or software
provided through or in conjunction with the SOFTWARE PRODUCT,
including without limitation all Intellectual Property Rights.
"Intellectual Property Rights" means any and all
rights existing from time to time under patent law, copyright
law, trade secret law, trademark law, unfair competition law,
and any and all other proprietary rights, and any and all
applications, renewals, extensions and restorations thereof,
now or hereafter in force and effect worldwide. You agree
not to modify, adapt, translate, prepare derivative works
from, decompile, reverse engineer, disassemble or otherwise
attempt to derive source code from the SOFTWARE PRODUCT. You
also agree to not remove, obscure, or alter AUTHOR's or any
third party's copyright notice, trademarks, or other proprietary
rights notices affixed to or contained within or accessed
in conjunction with or through the SOFTWARE PRODUCT.
Separation of Components.
The SOFTWARE PRODUCT is licensed as a single product. Its
component parts may not be separated for use on more than
one computer.
Software Transfer.
You may permanently transfer all of your rights under this
EULA, provided the recipient agrees to the terms of this EULA.
Termination.
Without prejudice to any other rights, AUTHOR may terminate
this EULA if you fail to comply with the terms and conditions
of this EULA. In such event, you must destroy all copies of
the SOFTWARE PRODUCT and all of its component parts.
COPYRIGHT.
All title and copyrights in and to the SOFTWARE PRODUCT (including
but not limited to any images, photographs, animations, video,
audio, music, text, and "applets" incorporated into
the SOFTWARE PRODUCT), the accompanying printed materials,
and any copies of the SOFTWARE PRODUCT are owned by AUTHOR
and LICENSOR. The SOFTWARE PRODUCT is protected by copyright
laws and international treaty provisions. Therefore, you must
treat the SOFTWARE PRODUCT like any other copyrighted material
except that you may install the SOFTWARE PRODUCT on a single
computer provided you keep the original solely for backup
or archival purposes.
NO WARRANTIES.
AUTHOR AND ANY LICENSOR EXPRESSLY DISCLAIM TO THE FULLEST
EXTENT PERMITTED BY LAW ANY WARRANTY FOR THE SOFTWARE PRODUCT.
THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NONINFRINGEMENT. AUTHOR AND LICENSOR DISCLAIM ANY WARRANTIES
REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE
OF THE SOFTWARE PRODUCT. THE ENTIRE RISK ARISING OUT OF USE
OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.
NO LIABILITY FOR DAMAGES.
IN NO EVENT SHALL AUTHOR OR LICENSOR BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE
USE OF OR INABILITY TO USE THIS PRODUCT, EVEN IF AUTHOR OR
LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES SHALL AUTHOR OR LICENSOR BE LIABLE
TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE
SOFTWARE PRODUCT. SUCH LIMITATION OF LIABILITY SHALL APPLY
TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM
IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),
OR OTHERWISE (EVEN IF AUTHOR OR LICENSOR HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY
SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF
AND RELIANCE ON THE SOFTWARE PRODUCT, FROM INABILITY TO USE
THE SOFTWARE PRODUCT, OR FROM THE INTERRUPTION, SUSPENSION
OR TERMINATION OF THE SOFTWARE PRODUCT (INCLUDING SUCH DAMAGES
INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING
A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO
THE FULLEST EXTENT PERMITTED BY LAW.
REGISTRATION
The SOFTWARE isn't free. Visit http://www.arcdvdcopy.com/order.htm
for more information.
THIRD PARTY BENEFICIARY
For all purposes of this EULA, each LICENSOR shall be expressly
deemed an intended third party beneficiary of this EULA and
shall have the right to enforce the terms and conditions of
this EULA.
DVD Copyright
Copyright laws vary from country to country. In using the
SOFTWARE, we encourage you to determine whether this product
or your intended use is legal. We do not encourage or condone
the use of any software in violation of applicable laws.
You may use this software in copying material in which you
own the copyright or have obtained permission to copy from
the copyright owner. If you do not own the copyright or you
have not obtained the permission to copy from the copyright
owner, you may be violating copyright law and you may be subject
to claims for damages and/or criminal penalties.
By purchasing and/or using the SOFTWARE, you agree that you
are using this information in a legal way as permitted by
the governing authorities and the relevant laws to which you
are currently bound. You agree to waive all liabilities associated
with the SOFTWARE.
ENTIRE AGREEMENT
This EULA (including any addendum or amendment to this EULA
which is included with the Software) is the entire agreement
between you and Arc Multimedia relating to the Software and
the support services (if any) and they supersede all prior
or contemporaneous oral or written communications, proposals
and representations with respect to the Software or any other
subject matter covered by this EULA. To the extent the terms
of any Arc Multimedia policies or programs for support services
conflict with the terms of this EULA, the terms of this EULA
shall control.
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