X-OOM Movies on PSP distribution permissions and end-user license agreement
End-User License Agreement X-OOM Movies on PSP Copyright (c) 2005 bhv Software GmbH & Co KG. All Rights Reserved. IMPORTANT - PLEASE READ CAREFULLY: This is a legal agreement ("Agreement") between You, the end user, and bhv Software GmbH & Co KG (“bhv”), 41564 Kaarst, Novesiastrasse 60, Germany, which covers the X-OOM Movies on PSP (the "Software") software distributed by bhv and its accompanying documentation("Documentation"). The term "You" in this Agreement refers to the initial purchaser of the Software. 1. Grant of license This is a license agreement and NOT an agreement for sale. bhv licenses You to use the Software and Documentation only as permitted by this Agreement, and it retains all rights not expressly granted to You in this Agreement. This is not free software. Subject to the terms below, you are hereby licensed by bhv to use one copy of the 30-day trial version of the Software on the hard drive or other mass storage device of two (2) computers and use the Software and Documentation on those computers solely for your personal non-commercial use. . If you use the Software after the 30-day evaluation period, a license fee of $29.99 is required, payable online at http://www.X-OOM.us. You may install, register and use a maximum of two copies of the Software. You may make an archival copy of the Software and Documentation for back-up purposes, provided that such copy contains all of the original copy`s proprietary notices and is kept in your possession, but You may not otherwise copy or distribute the Software or Documentation in any form or by any medium. 2. Ownership, Intellectual property All right, title, and interest in the Software and Documentation, and all patents, trademarks, copyrights and all other intellectual property and other proprietary rights applicable thereto, shall at all times remain solely and exclusively with bhv and its licensors. You shall not (nor shall You permit any third party to) take any action inconsistent with such right, title, and interest. Unauthorized reproduction of the Software or Documentation is strictly prohibited by United States copyright and other laws and by international treaties, and may subject You to civil and/or criminal penalties. 3. Limitation of use You represent and warrant to bhv that You shall not (and shall not permit any third party to): • Sell, rent, lease, sublicense, grant a security interest in, or otherwise transfer or distribute any copies of the Software or Documentation to others; • Offer the benefits or services of the Software to any third party, whether such arrangement is in the nature of a service bureau, an outsourcing service, an application service provider or any other similar service or business; • Reverse engineer, reverse compile or disassemble the object code of the Software; • Modify, customize, or create derivative works based on the Software or the Documentation (i.e. create a new program that incorporates all or part of the Software or Documentation); • Alter, destroy or otherwise remove any proprietary notices or labels on the Software or Documentation; • Avoid, circumvent or disable any security mechanism, procedure or protocol, or any copyright protection, provided or included in connection with the Software; • Use the Software other than for its intended purpose; or • Use the Software in a manner that violates any applicable law, including without limitation laws prohibiting the unauthorized copying of copyrighted materials. You must comply fully with all applicable laws and regulations in any of its dealings with respect to the Software. In addition, You acknowledge that the Software contains trade secrets of bhv. Accordingly, You represent and warrant that You will not modify, translate, reverse engineer, decompile, or disassemble the Software, except to the extent that applicable laws permit You to do so; You agree to indemnify bhv and its affiliates, officers, directors, employees and agents for any third-party claims relating to your breach of any of the above representations and warranties. 4. Disclaimer of warranty THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS." BHV DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. BHV HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE OR THE DOCUMENTATION, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INTERFERENCE AND NON-INFRINGEMENT. THESE DISCLAIMERS OF WARRANTY CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. 5. Limitations of liability IN NO EVENT WILL BHV OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, DISTRIBUTORS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (SUCH AS DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY), OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF BHV HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS, LOSSES OR CLAIMS. IN NO EVENT WILL BHV BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT YOU ORIGINALLY PAID BHV FOR THIS LICENSE OF THE SOFTWARE. Some jurisdictions do not allow exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You. 6. Term, Termination This Agreement shall commence when You accept its terms by installing, copying, downloading, accessing or otherwise using the software. You may terminate this Agreement at any time by destroying the Software and Documentation. This Agreement, and any and all rights provided to You in connection with the Software, shall automatically terminate if You fail to comply with the terms of this Agreement. Upon any termination of this Agreement, You shall cease using and shall destroy the Software and Documentation, and all copies of any parts thereof. All sections of this Agreement, other than Section 1 ("License"), shall survive termination of this Agreement. 7. General This Agreement is an exclusive agreement between You and bhv concerning the Software. It supersedes all prior or contemporaneous oral or written communications, proposals, or representations and warranties or other communications between You and bhv. If any part of this EULA is found to be void, unenforceable or invalid, it shall not effect the other provisions of this agreement. This agreement can only be modified by a paper writing signed by both parties. Failure by either party to enforce any provision of this agreement will not be deemed a waiver of future enforcement of that or any other provision.