Movavi Software End User License Agreement
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU ("LICENSEE") AND THE LICENSOR – MOVAVI SOFTWARE LIMITED ("MOVAVI.COM"). USE OF THE SOFTWARE, CONTENT, AND SERVICES PROVIDED WITH THIS EULA (THE "SOFTWARE") CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL AND/OR USE THIS SOFTWARE. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA.
The types of licenses provided with the Software are listed below. Only one license type can be applied to the User. If you want to determine your license type, please contact our Support Team at firstname.lastname@example.org.
1. LICENSE GRANT
PERSONAL LICENSE. Unless otherwise provided in Your purchase order, this type of license permits software operation on one individual user account or one computer, workstation, or another digital electronic device that conforms to the system requirements of the Software as specified in the documentation. Therefore, the Software is licensed on per computer basis, not per user, site or company. For example, if a person uses 2 computers, to install and use the Software on every computer, the person must purchase 2 licenses. The “User” means an individual whose funds are used to pay the license fee. In accordance with the terms of this Agreement, Movavi.com grants the User worldwide non-exclusive rights, which may not be transferred to any third party, to use the Software. “Use” means storing, loading, installing, executing, or displaying the Software exclusively for personal purposes, without rights of commercial replication and/or distribution neither in full or as part of the derived software to any third parties. You may not modify the Software or disable any licensing or control features of the Software except as an intended part of the Software programming features. The given Agreement remains effective perpetually in consideration of appropriate restrictions in accordance with applicable laws and regulations.
BUSINESS LICENSE. This type of license is intended for use by a company or another entity and gives the rights to install and use the Software for corporate, commercial, or business purposes (including internal business purposes such as presentation or reports preparation). For the purpose of this agreement, commercial use constitutes also any commercial use and any use of the Software for the direct or indirect purpose of financial benefit (e.g. by means of sale, licensing, advertising, etc.).
For the rights granted to the User, the User is bound to pay to Movavi.com the applicable license fee. This license is non-exclusive and is not transferable to any other organization or affiliate and, unless otherwise provided, permits software operation on one computer. The given Agreement remains effective perpetually in consideration of appropriate restrictions in accordance with applicable laws and regulations.
SUBSCRIPTION TERMS. When You purchase Software License on a subscription basis, You acknowledge and agree that You are authorizing recurring payment, and payments shall be made by the method You have chosen at the recurring intervals chosen by You, until the subscription is terminated by You or by Movavi.com in accordance with this EULA. Your subscription will automatically renew annually without notice until You cancel. Movavi.com will automatically charge You the then-current rate for your subscription plan, plus applicable taxes, if applicable, every billing period of Your purchase order. Subscription fees are generally billed or charged in advance of the applicable subscription period. Movavi.com may change Your plan’s rate each renewal term, and we will notify You of any rate change with the option to cancel.
2. FREE (TRIAL) VERSION
Licensee may be granted an evaluation copy of the Software free of charge for a finite period of time ("Free License" or "Free Copy"). Certain features and/or functionality of the Software may be locked or unavailable in the Free Copy. In order to benefit from all features and functionality of the Software, Licensee have to purchase a valid license activation key.
To use the Free Copy, you may also be required to create an account.
You are expected to use the Software on your system and to thoroughly evaluate its usefulness and functionality before making a purchase. This "try before you buy" approach is the ultimate guarantee that the Software will perform to your satisfaction.
3. COMMERCIAL USE
Versions of the Software intended for private use (personal license) as well as trial versions may not be used for commercial purposes.
The Software is owned and copyrighted by Movavi.com. Your license confers no title or ownership in the Software and should not be construed as a sale of any right in the Software.
The Software and all rights, without limitation including proprietary rights therein, are owned by Movavi.com or its suppliers and are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of Movavi.com and you will not acquire any rights to the Software except as expressly set forth in this license. You agree that any copies of the Software will contain the same proprietary notices which appear on and in the Software.
6. REVERSE ENGINEERING
You agree that you will not attempt to reverse compile, modify, translate, or disassemble the Software in whole or in part.
7. NO OTHER WARRANTIES
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MOVAVI.COM DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
MOVAVI.COM OFFERS NO WARRANTY OF ANY THIRD PARTY CONTENT, IF THE SOFTWARE CONTAINS THEREOF. THERE IS NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THIRD PARTY CONTENT.
The Software automatically references, displays, links to and provides web services related to sites and information located worldwide throughout the Internet. Because Movavi.com has no control over such sites and information, Movavi.com makes no guarantees as to such sites and information, including but not limited to: (a) the accuracy, availability, sequence completeness, currency, content, validity or quality of any such sites and information, or (b) whether they may locate unintended or objectionable content. By using the Software, you acknowledge that Movavi.com makes no representations or warranties with regard to any sites or information displayed by or accessed through the Software.
The Software may contain any advertising information of Movavi.com or its partners.
8. THIRD PARTY ACKNOWLEDGMENTS
Portions of the Software may utilize or include third party software and other copyrighted material. The use of such material is governed by their respective terms. Certain software libraries and other third party software included with the Software are free software and licensed under the terms of the GNU Library Lesser General Public License (LGPL). You may obtain a complete machine-readable copy of the source code for such free software under the terms of the LGPL without charge except for the cost of media, shipping and handling, upon written request to Movavi.com. The LGPL software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS OF PURPOSE.
MPEG-2 Notice. To the extent that the Software contains MPEG-2 functionality, the following provision applies: ANY USE OF THE 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. To the extent that the Software contains MPEG-4 functionality, the following provision applies: 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 NONCOMMERCIAL 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 AMR encoding and decoding functionality, the following provision applies: The Adaptive Multi-Rate ("AMR") encoding and decoding functionality in this product is not licensed to perform cellular voice calls, or for use in any telephony products built on the QuickTime architecture for the Windows platform. 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.
MP3 Notice. MPEG Layer-3 audio coding technology licensed from Fraunhofer IIS and Thomson Licensing.
Supply of this product does not convey a license nor imply any right to distribute MPEG Layer-3 compliant content created with this product in revenue-generating broadcast systems (terrestrial, satellite, cable and/or other distribution channels), streaming applications (via Internet, intranets and/or other networks), other content distribution systems (pay-audio or audio-on- demand applications and the like) or on physical media (compact discs, digital versatile discs, semiconductor chips, hard drives, memory cards and the like). An independent license for such use is required. For details, please visit http://mp3licensing.com.
"FREE LIMITED SOFTWARE CODECS" means LICENSED SOFTWARE CODECS which: (i) have the limitation that the MP3 FUNCTIONALITY to encode audio data files ceases (a) after processing a maximum of 20 (twenty) audio data files, or (b) after a maximum of 30 (thirty) days after installation; and (ii) are distributed, free of charge to end users, to promote LICENSED SOFTWARE CODECS that are not FREE LIMITED SOFTWARE CODECS.
No royalty shall be due for FREE LIMITED SOFTWARE CODECS, provided that LICENSEE, LICENSEE'S AFFILIATES and/or any third party authorized by LICENSEE and/or LICENSEE'S AFFILIATES will use commercially reasonable efforts to stimulate users of FREE LIMITED SOFTWARE CODECS to upgrade to LICENSED SOFTWARE CODECS that are not FREE LIMITED SOFTWARE CODECS.
FFmpeg Notice. The Software utilizes the FFmpeg video application and its included libraries. FFmpeg is a trademark of Fabrice Bellard (originator of the FFmpeg project - FFmpeg project, http://www.ffmpeg.org) licensed under the Lesser GNU Lesser General Public License 2.1. GNU Lesser General Public, Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA and you can distribute it and/or modify it under the terms of such license.
Qt® Notice. The Software uses Qt Toolkit and its included libraries under the terms of GNU Lesser General Public License 2.1. Qt is a registered trade mark of Digia Plc and/or its subsidiaries and is used pursuant to a license from Digia Plc and/or its subsidiaries. See http://qt-project.org/ for additional details.
Google-Glog Notice. The Software uses the glog library and its components under the terms of the Modified 3-Clause BSD License. Copyright© 2008, Google Inc. The full text of the BSD license can be found at http://opensource.org/licenses/BSD-3-Clause
Boost Notice. The Software uses Boost software libraries under the terms of the Boost 1.0 License. Copyright Beman Dawes, David Abrahams, 1998-2005, Rene Rivera 2004-2007. The full text of the license can be found at http://www.boost.org/LICENSE_1_0.txt
10. MOVAVI.COM SUPPORT CENTER
10.1. We are ready to help you in any way we can make your Software experience the best. Should you need any help or if you can’t find an answer to your question, please feel free to contact our Support Team at Movavi Support Center.
10.2. To support your queries, Movavi.com may from time to time ask you to provide information on your user data and experience, which will be used to estimate Software usability and thereby improve and enhance products and services. The primary purpose of collecting personal and other user information in these cases is to provide the User with safe, smooth, efficient, and customized maintenance services. For example, Movavi.com may collect and use personal data related to you, as permitted or necessary to: provide technical support, customer support and troubleshoot problems; inform you about service updates and faults; verify your identity; protect your and Movavi.com’s interests. Such data may include the following information: your full name (company name), email address, and your phone number. Moreover, our Support Team may request to collect the special log files which includes program error messages, the version of a Movavi program, its activation status, and technical specifications of your computer. This information is required to provide the necessary technical support and continue the research and development process.
10.3. You agree and acknowledge that any information, data, text, photos, videos, or other materials (hereinafter referred to as the “Content”), whether publicly or privately provided to Movavi.com in order to be supported, shall be sole responsibility of the person from whom such Content has been obtained. This means that the User shall be solely responsible for all Content upload, post, or otherwise transmit via the Movavi.com websites and file-sharing or file-hosting services and for its validity, legitimacy, completeness, applicability, and copyright compliance. Movavi.com shall not control any User Content.
In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.
12. NO LIABILITY FOR CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL MOVAVI.COM OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF MOVAVI.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MOVAVI.COM's LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
13. GENERAL PROVISION
This is the entire agreement between you and Movavi.com, which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this EULA. If any part of this EULA is found void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms. This EULA shall automatically terminate upon failure by you to comply with its terms. Movavi.com, on its sole discretion, may modify this EULA in writing at any time.
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed exclusively in accordance with the Cyprus law.