Software Product: Turbine Video Encoder 4
Author: Blue Pacific Software
Version 4.0 - Evaluation
Web: http://www.blue-pacific.com
Email: support@blue-pacific.com
END-USER LICENSE AGREEMENT FOR THIS SOFTWARE
IMPORTANT - READ CAREFULLY:
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This End-User License Agreement ("EULA") is a legal agreement
between you (either an individual or a single entity) and the
mentioned Author of this Software for the software product
identified above, which includes computer software and may
include associated media, printed materials, and "online"
or electronic documentation ("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 or offered.
1. GRANT OF LICENSE
This EULA grants you the following rights:
Installation and Use.
You may install and use an unlimited number of copies of the
SOFTWARE PRODUCT.
Subject to the terms below, you are hereby licensed to use this
Software. Movies created with the SOFTWARE PRODUCT can be freely
used and distributed as long as they're not modified in any way;
in particular the logo/button at the top-right corner of the
encoded movies should not be in any way modified or removed.
Reproduction and Distribution.
You may reproduce and distribute an unlimited number of copies of
the SOFTWARE PRODUCT; provided that each copy shall be
a true and complete copy, including all copyright and trademark notices,
and shall be accompanied by a copy of this EULA.
Registration keys are NOT to be distributed.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
Permissible Uses.
The SOFTWARE PRODUCT cannot be used to encode racist, pornographic,
defamatory or otherwise offensive, unlawful or illegal content.
Software Transfer and Use.
You may permanently transfer all of your rights under this EULA,
provided the recipient agrees to the terms of this EULA.
You may not transfer, assign, rent, lease, well, or otherwise dispose of the
SOFTWARE PRODUCT in exchange for consideration, or on a temporary basis.
Limitations on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE
PRODUCT, except and only to the extent that such activity is expressly
permitted by applicable law notwithstanding this limitation.
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.
Termination.
Without prejudice to any other rights, the Author of this Software
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.
Distribution.
The SOFTWARE PRODUCT may not be sold or be included in a product or
package which intends to receive benefits through the inclusion of
the SOFTWARE PRODUCT. The SOFTWARE PRODUCT may be included
in any free or non-profit packages or products.
The following may distribute the SOFTWARE PRODUCT,
completely unaltered, without further permission:
- Internet Shareware sites
- CD ROM Manufactures
Permission to distribute the SOFTWARE PRODUCT is not
transferable, assignable, saleable, or franchisable. Each vendor
wishing to distribute the package must independently satisfy the
terms of this limited distribution license.
3. 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 the Author of this
Software. 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.
4. MISCELLANEOUS
Should you have any questions concerning this EULA, or if you desire
to contact the Author of this Software for any reason, please contact
him at the email address mentioned at the top of this EULA.
This Software is based in part on the work of the Independent JPEG Group.
Use of the freely available LAME MP3 encoder might require licensing on
some countries due to Software Patents legislation. If you determine that
LAME usage on such countries is subject to Software Patent licensing,
it's your sole responsibility to either obtain the licensing or stop using
the LAME encoder by deleting the lame_enc.dll file. In no event shall the
Author of this Software be responsible/liable for any type of incorrect use
of the LAME encoder. Information and full source code to the LAME encoder
can be obtained from: http://www.mp3dev.org .
5. LIMITED WARRANTY
The Author of this Software expressly disclaims any warranty for
the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related
documentation is provided "as is" without warranty of any kind,
either express or implied, including, without limitation, the
implied warranties or merchantability, fitness for a particular
purpose, or noninfringement. The entire risk arising out of use
or performance of the SOFTWARE PRODUCT remains with you.
6. NO LIABILITY FOR DAMAGES
In no event shall the Author of this Software 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 the Author of this
Software has been advised of the possibility of such damages.
Because some states/jurisdictions do not allow the exclusion
or limitation of liability for consequential or incidental damages,
the above limitation may not apply to you.
Should any other warranties be found to exist, such warranties shall
be limited in duration to sixty (60) days following the date of
delivery to you. In no event will the Software Author's liability
for any damages to you or any other person exceed the amount paid
for the license to use the SOFTWARE.
7. HIGH RISK ACTIVITIES
The Software is not fault-tolerant and is not designed, manufactured
or intended for use or resale as on-line control equipment in
hazardous environments requiring fail-safe performance, such as in
the operation of nuclear facilities, aircraft navigation or
communication systems, air traffic control, direct life support
machines, or weapons systems, in which the failure of the Software
could lead directly to death, personal injury, or severe physical or
environmental damage ("High Risk Activities").
The Author of this Software and its suppliers specifically disclaim
any express or implied warranty of fitness for High Risk Activities.