AC3 Decoder : the License
==========================================
The AC3 Decoder is shareware.
END-USER LICENSE AGREEMENT
This End-User License Agreement ("EULA") is a legal agreement
between you, either an individual or a single entity ("Customer"
or "you"), and MediaTwins s.r.o. By installing, copying, or otherwise
using the above software product, including computer software,
associated media, any printed materials, and any "online" or
electronic documentation (the "Software"), you agree to be bound
by the terms of this EULA.
1. GRANT OF LICENSE
The Software is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties. The
Software is licensed, not sold. Any rights not explicitly granted under
this EULA are hereby reserved. Provided you have paid all applicable fees
and registered the Software with MediaTwins s.r.o., the EULA grants you the
following personal, non-exclusive, non-transferable rights:
(a) You may use the Software on any single computer; use the Software on
a network, provided that each person accessing the Software through
the network must have a copy licensed to that person; use the Software
on a second computer so long as only one copy is used at a time; or
copy the Software for archival purposes, provided any copy must contain
all of the original Software's proprietary notices.
(b) You may not decompile, disassemble, extract or otherwise reverse engineer
any of the Software. You shall not have the right to obtain or use any
source code for the Software, nor copy, reproduce, or distribute the
Software except as provided above. You agree not to rent or lease the
Software, nor use the Software to render time sharing or service bureau
services. You may not use the Software in a software production "foundry"
environment to make third party software ready for manufacture or
installation, except for your internal use.
2. WARRANTY, REMEDY AND LIMITATIONS
(a) MediaTwins s.r.o. warrants only that the Software will perform in substantial
accordance with the accompanying user manual for thirty (30) days
following your receipt of the Software.
(b) Some states do not allow certain warranty limitations, so the restrictions
of this Section 2 will apply only to the full extent permitted by
applicable law.
(c) EXCEPT AS PROVIDED ABOVE, THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Customer assumes
all risks as to selection, quality, installation, results and
performance. MediaTwins s.r.o. does not warrant that the Software will meet
Customer's requirements or that the operation of the Software will be
uninterrupted or error free.
(d) NEITHER MediaTwins s.r.o. NOR ANY OF ITS SUPPLIERS SHALL BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS OR PROFITS, BUSINESS
INTERRUPTION OR DELAY, OR LOSS OR INABILITY TO USE DATA), EVEN IF
MediaTwins s.r.o. OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THIS
AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL MediaTwins s.r.o.'S
LIABILITY UNDER THIS AGREEMENT EXCEED THE SUM OF ANY AMOUNTS PAID
HEREUNDER BY CUSTOMER TO MediaTwins s.r.o.
(e) You acknowledge and agree that in order to protect the integrity of
certain third party content, Company or its licensors may provide for
the Software security related updates that will be automatically
downloaded and installed on your computer. Such security related updates
may impair the Software (and any other software on your computer which
specifically depends on the Software) including disabling your ability
to copy and/or play "secure" content, i.e. content protected by digital
rights management. In such an event, Company and/or its licensors shall
use reasonable efforts to promptly post notices on Company web site
explaining the security update and providing instructions to end-users
for obtaining new versions or further updates of the Software that
restore access to secure content and related features
3. TERMINATION
The license will terminate automatically if Customer fails to comply with
the terms, conditions or limitations contained in this EULA, including the
payment of applicable license or other fees. On termination, Customer shall,
at MediaTwins s.r.o.'s option, either return to MediaTwins s.r.o. or destroy all copies
of the Software, including documentation. Otherwise, this EULA shall remain
in force until terminated. Customer may terminate this EULA at any time
(with no obligation on the part of MediaTwins s.r.o.) by destroying all copies of
the Software and providing notice there of to MediaTwins s.r.o.. The disclaimer of
warranty and limitations on liability contained in Section 2 and shall
continue in force even after your rights to use the Software are terminated.
4. UPGRADES
If the Software is designated by MediaTwins s.r.o. as an "Upgrade" product, then
you may only use the Software if you are also currently a licensed user of
the base product to which the Upgrade applies. Unless the MediaTwins s.r.o.
documentation for an Upgrade specifically provides, you may not separate
upgrade products from base products, nor transfer them separately.
MediaTwins s.r.o. reserves the sole and exclusive right to set its policies and
prices regarding updates, upgrades and enhancements. All other terms of this
EULA apply with equal force to Upgrades.
5. DEMO/TRIAL/SHAREWARE VERSIONS
If MediaTwins s.r.o. designates the Software as a "Demo/Trial/Shareware" version,
then Customer's license rights under this EULA shall extend solely for a 30
day evaluation period, during which Customer's use is restricted solely to
permit Customer to determine whether to purchase an ongoing license to the
Software. Customer may make a reasonable number of copies of the Demo
version of this Software, including documentation, for internal distribution,
provided that any such copies are unmodified and exact. Customer is
specifically prohibited from charging or requesting donations for any such
copies; and from distributing Demo versions of the Software to third parties
without prior written permission. Unregistered use of the Software, including
documentation, beyond the 30 day evaluation period violates federal copyright
laws. Demo versions are provided strictly on an "as is" basis and Section 2(a)
does not apply.
6. GENERAL
This EULA shall be governed by and construed under the substantive laws of
the State of Michigan, United States of America, without regard to choice of
law provisions. If any provision of this EULA is held to be unenforceable,
the enforceability of the remaining provisions shall in no way be affected
or impaired thereby.
7. U.S. GOVERNMENT RESTRICTED RIGHTS
If Customer is acquiring the Software, including documentation on behalf of
the U.S. Government, the following provisions apply.
The Software and Documentation are "commercial items" as defined in
48 C.F.R. 2.101 (Oct. 1995)
Consisting of "commercial computer software" and "commercial computer
software documentation" as used in 48 C.F.R. 12.212 (Sept. 1995) and
48 C.F.R. 227-7202 (June 199
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