» version 1.0 - posted on 2004-12-22
EULA - End User License Agreement
SWF> > AVI End User License Agreement
Notice to the user: this is an agreement between you and swf> > avi team. Before you click on the "agree" button below and complete the installation process, carefully read this agreement. By clicking on the "agree" button, you consent to the terms of this agreement and agree to be bound by it. If you do not wish to become a party to this agreement and be bound by all of its terms and conditions, click the "cancel" button and do not install or use swf> > avi.
The swf> > avi team grants you a limited, non-exclusive and non-transferable right to use swf> > avi in code form and the related documentation, subject to the following conditions:
- You may only install and use a single copy of swf> > avi on a single computer in your workplace. swf> > avi is in "use" on a computer when it is loaded into temporary memory (i.e., RAM) or installed into permanent memory (e.g., hard disk, CD-ROM, or other storage device).
- The licence excludes any form of distribution of swf> > avi. You may not distribute, rent, lend, give under licence or otherwise, supply or give access to swf> > avi to a third party.
- You undertake not to carry out any partial or total copy or adaptation of swf> > avi. However, you are entitled to make one backup copy of swf> > avi.
- You undertake not to carry out any reverse engineering, decompilation or any other form of translation or disassembly of swf> > avi.
swf> > avi is the property of the swf> > avi team and is protected intellectual property laws, notably copyright laws and the clauses of applicable international treaties. Subject to the provisions of the above licence, this Agreement does not grant you any rights regarding swf> > avi and all rights not expressly granted pursuant to this contract are reserved by the swf> > avi team.
All elements associated with swf> > avi (such as tutorials, scripts, installation, user manuals, original graphics, etc.) remain the property of the swf> > avi team and cannot be published on the Internet or on any other medium without prior written agreement of the swf> > avi team. All marks and logos associated with swf> > avi remain the property of the swf> > avi team, and are not licensed.
swf> > avi is supplied "as is" with its defects and without any express or implicit guarantee of any kind whatsoever, notably with regard to conformity, smoothness of operation or fitness for a particular purpose. The swf> > avi team does not certify, guarantee or warrant the use of swf> > avi or its results in terms of reliability, compatibility, etc. The swf> > avi team does not guarantee that the operation of swf> > avi will be uninterrupted and error-free, and does not warrant that it will not affect the functioning of swf> > avi and materials that are associated with it or on which it is installed. Consequently, you shall bear all the risks related to the operation, results and performance of swf> > avi.
The entire liability of the swf> > avi team, its employees, licensors, distributors and suppliers (including their managers, employees and agents) is set forth herein. Insofar as allowed under applicable law, the swf> > avi team and the above-mentioned persons, shall not be liable for any direct or indirect damages consisting of expenses, loss of profits, placements, operation, information or image or arising out of the use or inability to use swf> > avi, even if they have been informed of the possibility of such damages. In the event of non-fulfilment of your obligations pursuant to this agreement, you shall be obliged to indemnify the swf> > avi team for any direct and indirect damage it could suffer as a consequence.
This contract is governed by french law and is subject to the exclusive jurisdiction of the french courts, it being specified that the election of the competent courts is stipulated for the swf> > avi team's sole benefit, and that the latter is free to waive such attribution.
You may not assign or otherwise transfer the benefit of this agreement to a third party. This agreement constitutes the full agreement between you and the swf> > avi team and replaces all verbal or written proposals, prior contracts, orders or any other communication between you and the swf> > avi team on the subject of this agreement. If a provision of this agreement is judged to be null and void, the clause concerned shall be modified so as to be valid and, thus amended, shall be executed in full, and the other provisions of this agreement shall remain fully in force and effective.