» version 188.8.131.52 - posted on 2013-10-07
» version 184.108.40.206 - posted on 2009-01-19
EULA - End User License Agreement
END USER LICENCE AGREEMENT
Please read carefully before installing and using the SOFTWARE.
THIS AGREEMENT STATES THE TERMS AND CONDITIONS UPON WHICH MIDORI MEDIA PTY LTD ("MIDORI MEDIA") OFFERS TO LICENSE THE SOFTWARE ("THE SOFTWARE") CONTAINED ON THIS MEDIA TO YOU. BY USING THE SOFTWARE, YOU ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE. PROMPTLY RETURN THE SOFTWARE WITHIN SEVEN DAYS TO THE PLACE WHERE YOU OBTAINED IT FOR A FULL REFUND.
(a) "SOFTWARE" means the programs supplied by Midori Media herewith, and any and all updates thereto;
(b) "DOCUMENTATION" means all electronic and printed forms of DOCUMENTATION supplied with the SOFTWARE, including manuals and help files;
(c) "MIDORI MEDIA" means Midori Media Pty Ltd, and its licensors, if any;
(d) "YOU" means the individual or company that is the end user of the SOFTWARE;
(e) "LICENCE" means this End User Licence Agreement;
(f) "LICENCE FEE" means the amount paid by YOU for a LICENCE to use the SOFTWARE.
(a) The SOFTWARE and DOCUMENTATION contained in electronic form on the media ("DOCUMENTATION") are Licensed, not sold, to YOU for use under the Terms of this LICENCE. Midori Media reserves all rights not expressly granted to you;
(b) This LICENCE allows YOU to:
(i) Make one copy of the 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 SOFTWARE;
(ii) If this SOFTWARE contains Documentation, which is provided only in electronic form, YOU may print one copy of such electronic DOCUMENTATION.
(c) If YOU are evaluating the SOFTWARE, YOU agree to the terms of the EVALUATION LICENCE;
(d) The EVALUATION LICENCE allows YOU to:
(i) Install and use the SOFTWARE on a single computer for evaluation purposes only;
(ii) Install the SOFTWARE on a storage device, such as a network server, and run the SOFTWARE on an internal network, for evaluation purposes only;
(e) If YOU have purchased a single copy of the SOFTWARE, you agree to the terms of the SINGLE USER LICENCE;
(f) The SINGLE USER LICENCE allows YOU to;
(i) Install and use the SOFTWARE on a single computer;
(ii) Install the SOFTWARE on a storage device, such as a network server, and run the SOFTWARE on an internal network, provided the number of concurrent users does not exceed the number of copies of the SOFTWARE purchased. A copy of the SOFTWARE must be purchased for each such user;
(g) If you have purchased the SOFTWARE for use on all computers owned by YOU, you agree to the terms of the MULTI USER LICENCE;
(h) The MULTI USER LICENCE allows YOU to:
(i) Install and use the SOFTWARE on all computers owned by YOU;
(ii) Install the SOFTWARE on a storage device, such as a network server, and run the SOFTWARE on an internal network, provided only computers owned by YOU have access to the SOFTWARE stored on the storage device;
(a) You may not market, distribute or transfer copies of the SOFTWARE or DOCUMENTATION to others;
(b) You may not decompile, reverse engineer, disassemble or otherwise reduce the code of the SOFTWARE to a human perceivable form;
(c) YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, SUBLICENSE OR LOAN THE SOFTWARE OR DOCUMENTATION OR CREATE DERIVATIVE WORKS BASED ON THE SOFTWARE OR DOCUMENTATION;
4. UPGRADES AND SUPPORT
(a) You understand that Midori Media may update or revise the SOFTWARE and in so doing incurs no obligation to furnish such updates to you;
(b) Midori Media reserves the right to replace, modify, or upgrade the SOFTWARE at any time by offering you a replacement or modified version of the SOFTWARE or such upgrade and to charge for such replacement. Any such replacement or modified SOFTWARE or upgrade to the SOFTWARE offered to you by Midori Media shall be considered part of the SOFTWARE and subject to the Terms of this LICENCE. In the event that Midori Media offers a replacement or modified version of or any upgrade to the SOFTWARE:
(i) Your continued use of the SOFTWARE is conditioned on your acceptance of such replacement or modified version of or upgrade to the SOFTWARE and any accompanying LICENCE superseding this LICENCE;
(ii) In the case of replacement or modified SOFTWARE, your right to use of all prior versions of the SOFTWARE is terminated.
(c) If you upgrade the SOFTWARE to a higher-numbered version of the SOFTWARE or to a comparable Midori Media SOFTWARE product (including versions for different operating systems), this LICENCE is terminated and your rights shall be limited to the LICENCE associated with that product or version. You may not continue to use the earlier version of the SOFTWARE nor transfer it to another;
(d) At the discretion of Midori Media or its representative, you may be provided with support services related to the SOFTWARE. Any supplemental SOFTWARE provided to you as part of support services shall be considered part of the SOFTWARE and subject to the Terms of this LICENCE.
(a) The foregoing LICENCE gives you limited rights to use the SOFTWARE;
(b) Although you own the media on which the SOFTWARE is recorded, you do not become the owner of, and Midori Media retains title to, the SOFTWARE, and all copies thereof;
(c) All rights not specifically granted in this LICENCE, including Commonwealth and International Copyrights, are reserved by Midori Media.
(a) The SOFTWARE and DOCUMENTATION are copyrighted. Unauthorized copying of the SOFTWARE, including portions thereof or the written materials, is expressly forbidden;
(b) All title and copyrights in and to the SOFTWARE, including but not limited to any images, photographs, animations, video, audio, music, and text, incorporated into the SOFTWARE, the accompanying printed materials, and any copies of the SOFTWARE, are owned by Midori Media or its suppliers;
(c) All title and intellectual property rights in the content, which may be accessed through use of the SOFTWARE, is the property of the respective content owner and may be protected by applicable laws. This grants you no rights to use such content;
(d) You may not copy the printed materials accompanying the SOFTWARE.
7. LIMITED WARRANTY
(a) Midori Media warrants that the SOFTWARE and the accompanying media will perform substantially in accordance with the specification set forth in the DOCUMENTATION for a period of ninety (90) days after your payment of the LICENCE FEE, when properly installed on a computer for which a LICENCE is granted hereunder;
(b) Midori Media does not warrant that the operation of the SOFTWARE will meet your requirements or operate free from error;
(c) MIDORI MEDIA DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MIDORI MEDIA, 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. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
8. LIMITED REMEDY
(a) If the SOFTWARE or media fails to perform as warranted, your sole and exclusive remedy shall be to return the media to Midori Media, postage prepaid, with a copy of the receipt;
(b) Midori Media shall, at its option:
(i) Replace the SOFTWARE or media with SOFTWARE or media which conforms to the warranty;
(ii) Correct the error;
(iii) Refund the LICENCE FEE.
(c) Midori Media shall have no responsibility if the SOFTWARE has been altered in any way, if the media has been damaged by accident, abuse or misapplication, or if the failure arises out of use of the SOFTWARE with other than a recommended hardware configuration.
(d) MIDORI MEDIA SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOST BUSINESS PROFITS, LOSS OF INFORMATION, BUSINESS INTERRUPTION, OR THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF MIDORI MEDIA OR ITS REPRESENTATIVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9. LIMITED LIABILITY
(a) The liability of Midori Media for any claims arising out of this LICENCE based upon the SOFTWARE, regardless of the form of action, shall not exceed the LICENCE FEE for the SOFTWARE.
(a) This LICENCE is effective until terminated;
(b) This LICENCE shall terminate automatically upon your breach of your obligations under the LICENCE;
(c) Upon Termination, you agree that you will destroy the SOFTWARE and all copies;
(d) This remedy shall be in addition to any other remedies available to Midori Media.
(a) This LICENCE shall be governed and interpreted in accordance with the laws of the State of Western Australia, Australia, without giving effect to choice of law principles;
(b) This LICENCE shall not be governed by the United Nations Convention for the International Sales of Goods, the application of which is expressly excluded;
(c) This LICENCE contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings whether oral or written;
(d) All questions concerning this Agreement shall be directed to:
Midori Media Pty Ltd
Midori Media, and the Midori Media Logo are Trademarks of Midori Media Pty Ltd.
All other trademarks and copyrights acknowledged.