CyberLink DVD Solution distribution permissions and end-user license agreement
PowerProducer 3 End User License Agreement ("EULA")
Do not install or use the software until you have read and accepted all of the license terms. Permission to use the software is conditional upon your agreeing to the license terms. Installation or use of the software by you will be deemed to be acceptance of the license terms. Acceptance will bind you to the license terms in a legally enforceable contract with CyberLink Corp.
* SOFTWARE LICENSE AND LIMITED WARRANTY
This is an agreement between you, the end user, and CyberLink Corp. ("CyberLink"). By using this software, you agree to become bound by the terms of this agreement.
If you agree to abide by these conditions, please click "Yes". IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT USE THIS SOFTWARE AND PROMPTLY REMOVE IT FROM YOUR COMPUTER.
* GRANT OF LICENSE
CyberLink, as licensor, grants to you, the licensee, a non-exclusive right to install the accompanying software program(s) (hereinafter the "SOFTWARE") on a certain number of computer(s) in accordance with the number of the license you purchase and use the SOFTWARE in accordance with the terms contained in this license. You shall not rent, lease, sublicense, modify, alter, reverse engineer, disassemble, decomplie, or create any derivative work of the SOFTWARE, or remove any copyright notice or proprietary legend contained in the Software. You shall not reproduce the SOFTWARE unless for backup purpose and limited to one copy only. Except for the Software marked "Not for Resale" or the like, you may transfer the Software on a permanent basis to another person or entity accompanying the Documentation and the license agreement, provided that you retain no copies of the Software and the transferee agrees to the terms of this agreement. Such transfer will cause an automatic termination of your license to use the Software.
* OWNERSHIP OF SOFTWARE
CyberLink retains the copyright, title and ownership of the SOFTWARE and the written materials ("Documentation") regardless of the form or media in or on which the original and other copies may exist.
If this copy of the Software is an upgrade from an earlier version of the Software, it is provided to you on a license exchange basis. Upon your installation and use of this copy of the Software, you agree to voluntarily terminate your earlier EULA and you will not continue to use the earlier version of the Software or transfer it to another person or entity.
* USE OF PICTURES LICENSED BY THIRD PARTIES
You may use pictures, if any, provided in the SOFTWARE, which may be licensed from third parties, to demonstrate or complete your work created by the use of the SOFTWARE; provided that you should not use the pictures in any illegal or immoral manners, nor shall you grant your right to use to any third party. CyberLink does not provide any warranty or representation to these pictures from third parties.
* LIMITED WARRANTY
CyberLink warrants the media on which the SOFTWARE is furnished to be free of defects in material and workmanship, under normal use, for a period of ninety (90) days following the date of delivery to you. If there is defect in the media, CyberLink`s sole liability shall be to replace the defective media, which has been returned to CyberLink or the supplier with your dated invoice and is shown to be defective. In the event that CyberLink is unable to replace defective media, CyberLink shall at its sole discretion either refund your money upon your termination of this license or replace with the newer version of the same software.
THIS SOFTWARE AND ACCOMPANYING DOCUMENTATAION (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FURTHER, CYBERLINK DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE, OF THE SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. IF THE SOFTWARE OR DOCUMENTATION IS DEFECTIVE, YOU, AND NOT CYBERLINK OR ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR OR CORRECTION.
CYBERLINK DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, REGARDLESS OF WHETHER IT IS MADE BY CYBERLINK, ON THIS CYBERLINK PRODUCT. CYBERLINK DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CYBERLINK, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
NEITHER CYBERLINK NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT EVEN IF CYBERLINK HAS BEEN ADVISED OF THE POSSBILITY OF SUCH DAMAGES.
Should any other warranties be found to exist, such warranties shall be limited in duration to ninety (90) days following the date of delivery to you. In no event will CyberLink`s liability for any damages to you or any other person exceed the amount paid for the license to use the SOFTWARE.
You agree to bear the full, complete, and sole responsibility for using the Software of any purpose. You also agree to indemnify and hold CyberLink harmless from any claims, proceedings, damages, costs, and expenses resulting from your use of the SOFTWARE for any illegal purpose.
Upon termination of this Agreement, you should destroy the Software and the Documentation and all the copies thereof and remove and delete the Software from your hard disk or other storage device.
This agreement constitutes the entire agreement between you and CyberLink Corp. This agreement shall be governed and construed in accordance with the laws of Taiwan and shall benefit CyberLink, its successors and assigns.
Any claim or dispute between you and CyberLink or against any agent, employee, successor or assign of CyberLink, whether related to this agreement or otherwise, and any claim or dispute related to this agreement or the relationship or duties contemplated under this agreement, including the validity of this arbitration clause, shall be resolved in Taipei, Taiwan, pursuant to the Taiwan Arbitration Act.
This localized version of the EULA is for reference only. In case of inconsistencies between the localized version and the English version, the English version will prevail.
Software Distribution Agreement
By hosting the below Licensed CyberLink Software FTP link, you are agreeing to the terms of this Software License Agreement. Do NOT HOST if you do not agree with these terms.
1. Licensed CyberLink Software:
PowerDVD(TM) trial, PowerDirector(TM) trial, PowerProducer(TM) trial, Medi@Show(TM) trial, Power2Go(TM) trial, PowerCinema(TM) trial.
2. For the purpose of marketing promotion only (the sole purpose of this Agreement), except otherwise specified below, CyberLink Corporation hereby grants to you a non-exclusive, non-transferable, non-assignable and royalty-free license to host the Licensed CyberLink Software FTP download link.
3. You warrant and represent that any design, mark or logo (other than CyberLink Corporation`s marks or logos) used in your download page containing the Licensed CyberLink Software will not infringe any other party`s intellectual property rights.
4. All rights not expressly granted to you herein are reserved by CyberLink Corporation.
5. This license shall be terminable without cause at CyberLink Corporation`s sole discretion at any time without noticing in advance.
6. Unless otherwise mandated by the laws, CyberLink Corporation shall provide no warranties whatsoever in the Licensed Software, and should you discover any defects in the Licensed Software, you shall immediately give notice in writing to CyberLink Corporation.
7. This Agreement shall be governed and construed in accordance with the laws of Republic of China, and in case a dispute should arise, the Taipei District Court shall be the court of first instance.