XVideoOCX distribution permissions and end-user license agreement

XVideoOCX End User License Agreement

Copyright (c) 2004-2005 by Marvelsoft . All Rights Reserved.

This Ashley Talmi ("Marvelsoft") End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Marvelsoft for the Marvelsoft product XVideoOCX ("SOFTWARE" or "SOFTWARE PRODUCT" from hereon), which includes computer software and/or associated media and/or printed materials, and may include "online" or electronic documentation. By installing, copying or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you are not allowed to install, copy or use the SOFTWARE.

This SOFTWARE is protected under German and international copyright and trademark laws. Unauthorized duplication and distribution of this SOFTWARE is a federal offense and is punishable by fines, imprisonment or both. Violators will be prosecuted to the fullest extent of the law.

The SOFTWARE is developed by Marvelsoft. All intellectual rights are reserved by Marvelsoft. You shall treat the SOFTWARE like any copyrighted material.

One SOFTWARE license is required per developer machine for the professional or student license. Under no circumstances shall the student license of the SOFTWARE be used for commercial purposes.

In the case you own the company license, you may use the SOFTWARE on a maximum of 10 development machines in one company, commercial organization or private home.

In case you own the university lab-wide license, you are allowed to install and use the SOFTWARE on as many systems as you want, as long as they are used in the context of a specific department or lab of your university. This is NOT a university wide license. The university lab-wide license is not available for commercial use and distribution.

Run-time licensing is royalty free if you own the professional or company license of the SOFTWARE.
You may redistribute the SOFTWARE as run-time only and only as part of your software product (executable). You ARE NOT allowed to distribute the license (xvideoocx.lic) file under any circumstance.

The student version of the SOFTWARE is for educational purposes only. You ARE NOT allowed to distribute any application that was developed using the student version of the SOFTWARE. Therefore, the SOFTWARE cannot be used for commercial purposes.

The university lab-wide version of the SOFTWARE is for educational purposes only. You ARE NOT allowed to distribute any application that was developed using this version of the SOFTWARE. Therefore, the SOFTWARE cannot be used for commercial purposes.

This SOFTWARE is not intended to be used in military systems, nuclear power plants, planes, trains, cars, medical systems or similar systems in which a SOFWTARE fault could cause severe financial, physical or similar damage.

YOU MAY NOT sell or give this SOFTWARE to third parties without the third parties agreement to this EULA. You have to inform Marvelsoft of any such transfer.
YOU MAY NOT alter, merge, modify, or adapt this SOFTWARE in any way, including disassembling, decompiling, or reverse engineering the SOFTWARE.
YOU MAY NOT loan, rent, lease or sub-license this SOFTWARE, or any copy thereof.
YOU MAY NOT use the SOFTWARE to create ActiveX OCX, DLLs or any other derivative tools to be used as programming components in any programming language or use the SOFTWARE PRODUCT to create software applications that could be sold as competition to this SOFTWARE.

Marvelsoft can not guarantee proper functioning of XVideoOCX with all devices and drivers available. Please make sure to test your application with the target video input device(s) or input source(s) before deploying any application that contains XVideoOCX.

Without prejudice to any other rights Marvelsoft may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such an event, you must destroy all copies of the SOFTWARE PRODUCT and all of its` components.

The end user acknowledges that Marvelsoft and/or its` licensors are the owners and/or licensees of all intellectual property rights in the licensed SOFTWARE and that confidential information including, without limitation, any and all copyright, trademark, servicemark, patent and other proprietary rights arising under German and international law.

Any defects of the SOFTWARE will be removed by Marvelsoft as long as they are called upon Marvelsoft within 6 months following the purchase of the SOFTWARE. This will be done by either free subsequent improvement or by the offering of a defectless version.
If the defect can not be removed within a proper period of time or if the removal finally fails, you have the right to terminate this agreement by demanding the purchase price or to demand diminution.
A failure of defect removal will only be applicable if: Marvelsoft was granted an appropriate time for removal without success; Marvelsoft declines any removal; or if a removal seems by all standards impossible.
The liability for culpable delay or inability as well as to those damages usually occurring in the context of software licensing is limited to three times the value of the software.
For light failure, Marvelsoft will only be liable for the failure on cardinal duties of supreme importance. The aforementioned limitations concerning the amount of compensation also apply in this case.
The liability of Marvelsoft concerning the loss of data is limited to the usual effort of data reconstruction, which is caused despite regular (and concerning to the individual need) necessary backups. The aforementioned limitations concerning the amount of compensation also apply in this case.

The regulations of § 14 Produkthaftungsgesetz stay untouched.

Immediately after downloading the SOFTWARE it has to be reviewed for viruses or any other obvious defects. Obvious defects have to be reported immediately to Marvelsoft. The defect has to be described in detail in order to enable Marvelsoft to remove the defect. Non-obvious defects have to be reported within 2 weeks after discovering.
Failure of reviewing the SOFTWARE and reporting defects cause the loss of any claim against Marvelsoft concerning the defect or further defects caused by this defect.

Marvelsoft will be the owner of the SOFTWARE itself as long as the sales price is not paid. If Marvelsoft claims its ownership you are no longer allowed to use the SOFTWARE. Any copies will have to be destroyed.

German law is applicable on this contract. Place of court on any claims arising from this contract is Berlin, Germany.
If any of the aforementioned clauses should be or become ineffective this will not influence the effectiveness of the other clauses. The parties agree to choose a new effective clause instead of the ineffective clause which will reflect the interests of both parties.

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