Full Motion Video distribution permissions and end-user license agreement
License Agreement & DISCLAIMER
Slipstream Systems Limited or ("SSL")
End-User License Agreement (EULA)
1 BEFORE YOU CLICK ON THE I AGREE BUTTON AND INSTALL THE SSL SOFTWARE AND SSL PRODUCT, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS LICENCE. BY CLICKING ON THE I AGREE BUTTON AND BY INSTALLING THE SSL SOFTWARE AND SSL PRODUCT YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING THE LICENSEE TO THIS LICENCE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENCE CLICK ON THE I DO NOT AGREE DO NOT DOWNLOAD OR USE THE SOFTWARE.
2.1 "SSL Software" means the software program included in the enclosed package, and all related updates supplied by SSL.
2.2 "SSL Product" means the SSL Software and the related documentation and models and Multimedia content (such as animation, sound and graphics), and all related updates supplied by SSL.
2.3 "End-User Product" means the output film generated by you using the SSL Software. Examples of End-User Products include animations, courseware, presentations, demonstration disks, interactive multimedia material, interactive entertainment, copies of FMV, products bearing similar resemblance to FMV or it`s interface or Graphical User Interface and the like.
2.4 "SSL Run-Time" means the portion of the SSL software required in order for the End-User Product to operate on hardware on which the SSL Software is not resident.
2.5 Use shall mean and include the utilisation of the SSL Software by copying, transmitting or loading the same into the permanent memory (e.g. hard disk, CD Rom or other storage device) of a single computer.
2.6 Trial Period means 15 days from the first time the user runs the program.
3 Grant of License.
3.1 When you click the I agree button and install the SSL Software and SSL Product, SSL (the Licensor) grants you (the Licensee) a non-exclusive, non-transferable License for the SSL Software and SSL Product for the relevant time period set out herein.
3.2 The SSL Software and SSL Product are not free save for the provision of the SSL Software and SSL product during the Trial Period solely for the purpose of trialling. The License Fee is as stated on web site at http://www.f-m-v.com and is payable by credit card over the Internet, phone or by cheque posted/ mailed.
3.3 The License permits you to use the SSL Software on a single computer for 30 days only.
3.4 The License permits you to make one copy of the SSL Software in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the SSL Software.
3.5 This License will subsist for the Trial Period only for users downloading the SSL Software and SSL Product for trial purposes only.
3.6 Certain SSL Software is licensed with additional rights as set forth in the Supplementary Rights Addendum that may be included in the package for this SSL Product.
3.7 Upon accepting this License you undertake to:
Maintain accurate and up to date records of the number of location of all copies of the SSL Software;
To supervise and control the Use of the SSL Software in accordance with the terms of this Licence;
Not to display the SSL Software on a public bulletin board, unauthorised ftp site, world wide web site, chat room or by any unauthorised means;
Not to use the SSL Software for immoral, illegal or any other purpose which may be determined threatening, abusive or harmful including but not limited to the creation or transmission of any virus, worms, trojan horse, cancelbot or any other destructive or contaminating program;
Within 14 days of the date of termination of this Licence for whatever reason to destroy the SSL Software and all upgrades or copies.
Not to use this SSL Software if it will contravene any applicable laws.
4 Supplementary Licenses. Certain rights are not granted under this Agreement, but may be available under a separate agreement. If you would like to enter into one of the Supplementary Licenses listed below, please contact SSL.
4.1 Site Licenses. You must enter into a SSL Site License if you wish to make copies of the SSL Software for use with additional Central Processing Units (executing the programs) owned by you.
4.2 Distribution License. You must enter into a SSL Run-Time Distribution Agreement if you wish to copy and distribute an End-User Product (and its Associated SSL Run-Time) other than as set forth in Section 2.
5 Restrictions. You may not make or distribute copies of the SSL Product, or electronically transfer the SSL Software from one computer to another or over a network or copy the SSL software (save for your right in 3.4). You may not decompile, reverse engineer, disassemble, or otherwise reduce the SSL Software to a human-perceivable form. You may not modify, rent, resell for profit, distribute or create derivative works based upon the SSL Software or any part thereof. You will not export or reexport, directly or indirectly, the SSL Product into any country prohibited by the English and Welsh legislation.
6 Ownership. The foregoing license grants give you limited rights to use the SSL Software for personal and non-commercial use. Although you own the disk or CD-ROM on which the SSL Software is recorded, you do not become the owner of, and SSL retains title to, the SSL Software and any SSL Run-Times, and all copies thereof. All rights not specifically granted in this Agreement are reserved by SSL.
7 No oral or written information or advice given by SSL, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty.
THE SSL SOFTWARE AND SSL PRODUCT IS PROVIDED AS IS WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE, TITLE AND NON INFRINGEMENT.
THE LICENSOR DOES NOT WARRANT THAT THE SSL SOFTWARE AND SSL PRODUCT WILL BE ERROR FREE OR THAT SUCH ERRORS WILL BE CORRECTED AND THE LICENSEE IS SOLELY RESPONSIBLE FOR ALL COSTS AND EXPENSES ASSOCIATED WITH THE RECTIFICATION, REPAIR OR DAMAGE CAUSED BY SUCH ERRORS.
9 Exclusion of Liability
THE LICENSOR SHALL NOT BE LIABLE TO THE LICENSEE OR TO ANY OTHER PARTY FOR ANY LOSS OR DAMAGE WHATSOEVER OR HOWSOEVER CAUSED ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH THIS LICENSE, THE SSL SOFTWARE, ITS USE OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH LIABILITY MAY NOT BE LAWFULLY EXCLUDED UNDER THE APPLICABLE LAW.
NOT WITHSTANDING THE GENERALITY OF THE ABOVE, THE LICENSOR EXPRESSLY EXCLUDES LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE WHICH MAY ARISE IN RESPECT OF THE SSL SOFTWARE HOWSOEVER CAUSED EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT THAT THE LICENSOR INCURS ANY LIABILITY WHATSOEVER SUCH LIABILITY IS LIMITED TO THE AMOUNT OF THE LICENCE FEE PAID BY THE LICENSEE FOR THE SSL SOFTWARE (EXCLUDING FOR DEATH OR PERSONAL INJURY ARISING FROM THE LICENSORS NEGLIGENCE)
10 You may terminate this License at any time by destroying the SSL Software and SSL Product, documentation and all copies. No License Fee is refundable. The Licensor may terminate this License at any time. if you are found in breach of any of these terms or you are notified of termination you must destroy all SSL Software and SSL Products in accordance with 3.7 above.
11 General. This Agreement shall be governed by the internal laws of the England and Wales. Without prejudice to the foregoing, the parties agree that this License shall be construed in accordance with the European Commissions Directives and WIPO Treaties on Computer Programs, Copyright and Intellectual Property Rights and in terms of enforceability of this License, this License shall be deemed to be in writing and accepted by both parties. This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. All questions concerning this Agreement shall be directed to SSL at the address first written above.
12 Trademarks and Copyright Notice
All copyright, trademarks and other intellectual property rights subsisting in or used in connection with the SSL Software and SSL Product (including but not limited to all images, animations, audio and other identifiable material relating to the SSL Software) are and remain the property of the Licensor or their respective owners.
FMV and the FMV logo are Copyright SlipStream Systems Limited 1999 - 2004.
Full Motion Video Copyright SlipStream Systems Limited 2004. All rights reserved.
All other trademarks are the property of their respective owners.
13 Distribution with commercial products
Any unlicensed or licensed version of FMV may not be distributed as part of or for use with any commercial product without express written permission from Slipstream Systems Limited - firstname.lastname@example.org.
© Slipstream Systems Ltd, 1999-2004
EMail: email@example.com or visit our homepage at http://www.f-m-v.com
NOTICE: VIDEOS INCLUDED AS PART OF THE FMV PRODUCT CANNOT BE USED SEPARATELY FROM THE FMV SOFTWARE. ANY USE OF THE VIDEOS OUTSIDE THE SCOPE OF THIS SOFTWARE IS A VIOLATION OF END-USER LICENSE AGREEMENT