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End User License Agreement and Terms of Use for Software “liquivid Easy Cinemagraph”
§1. Object of Agreement
(1) The author, Mr. Razvan Chisu, Gärtringer Weg 13, 71139 Ehningen, Germany (the “licensor” in the following) delivers to the licensee the application liquivid Easy Cinemagraph including all data contained therein, e. g. images, photographies, animations, videos, audio files, text, “applets”, etc. (the “software” in the following) as well as the application documentation (the “application documentation” in the following). The software and application documentation (the “objects of agreement” in the following) are provided in electronic form in english and german language under the terms of usage described within this document. The objects of agreement are transferred permanently and for personal use.
(2) The software’s source code is not part of the objects of agreement.
(3) The nature and quality of the software delivered by the licensor are exclusively determined by the technical specifications made available to the licensee through the licensor’s website before conclusion of the contract. The licensor is not liable for any characteristic of the software going beyond this.
(4) To the extent that the licensor’s employees offer any guarantees before the conclusion of the contract, these are only valid if confirmed in writing by the licensor.
(5) This license agreement and terms of use do not govern software components from third parties (“third party software” in the following) which may be used by the software. Regarding third party software, only the licensing terms of the third party software developer are valid. A list of used third party software can be found in this document’s appendix..
(6) The terms laid out herein are valid for the software version available at the conclusion of the contract. A (new) version will be marked by a new major number (possibly before a dot), e.g. “2” or “2.0” (“version” in the following). Using another (newer) version of the software requires new usage rights to be acquired. If applicable, usage rights for a new version can be acquired through upgrades offered by the licensor. Only owners of the versions listed in the upgrade are eligible to perform an upgrade. These terms of use are valid for upgrade version of the software provided that the licensee holds the right to use a version of the software.
§2. Delivery and Trial Period
(1) The software is made available to the licensee as a download on the internet.
(2) With the software, the licensor will provide the licensee with the application documentation including installation requirements in English and German language and in electronic form.
(3) When downloading the software through the licensor’s website (http://easycinemagraph.com) the licensee is entitled to a trial period of 14 days starting on the date of the first installation to thoroughly and gratuitously test the objects of agreement with respect to their functionality and reliability on the individual hardware and software environment. To use the objects of agreement beyond the free trial period, the licensee must buy the software. After conclusion of the sale contract, the licensor will provide the licensee with an activated version of the software and/or an activation key becoming part of the objects of agreement. If the trial period expires without the software being purchased, the licensee’s rights to use the objects of agreement expire and the software becomes technically unusable.
§3. Grant of Rights
(1) The objects of agreement are protected by copyright.
(2) The licensor initially grants the licensee the non-exclusive right to download, install and run the software on a computer for a period of maximum 14 days. After the trial period’s expiration the licensee’s rights laid out in this document expire even without an explicit note being issued by the licensor, unless the licensee buys the software as described in paragraph (3).
(3) Independently of the terms in paragraph (2) and in exchange for payment the licensor grants the licensee the perpetual, non-exclusive right to download, install and run the software (“license” in the following).
If the licensee purchases an activation key from the licensor’s own website or online store, one (1) license allows the licensee to install, download and run the software for intended use on up to three (3) computers.
If the licensee purchases the software from a third-party vendor or distribution service (including but not limited to the Mac App Store, Steam), the license management and software activation process may vary depending on those platforms’ mechanisms.
(4) Using the software within a computer network or any other multi-station-computer-system is prohibited if it creates the possibility for the software’s simultaneous multiple use. Especially the use within data centers, the temporary allocation of the software (e.g. as Application Service Providing, SaaS) or making the software publicly available (e.g. as a download) are allowed only after prior written consent has been provided by the licensor.
(5) Duplicating the software is allowable only to the extent in which this is required for the software’s contractual use. The licensee is entitled to create backup copies to the required extent. Backup copies on movable data storage mediums must be labelled as such and must carry a copyright notice (“© Razvan Chisu”).
(6) The licensee is entitled to implement changes, extensions or other modifications to the software as laid out in § 69 c Nr. 2 UrhG only to the extent explicitly required by law. Before the licensee will remove mistakes himself or through third parties, he will grant the licensor three attempts at removing the mistake.
(7) The licensee may decompile the software only within the limits of the § 69e UrhG and only if the licensor, after written request and a reasonable deadline, has failed to provide data and/or information required to achieve interoperability with other hardware and software.
(8) Modifying the application documentation is not allowed.
(9) Copyright and other protection notes within the software may not be removed or altered.
§4. Transfer of the Objects of Agreement
(1) The licensee may transfer the objects of agreement to a third party only integrally and under the condition of complete and final termination of his own use of the objects of agreement. All installations and copies created by the licensee must be rendered unusable and the third party must agree to the terms laid out in this document.
The third party must contact the licensor at easycinemagraph@liquivid.com to receive the necessary new activation key.
(2) The temporary transfer of usage rights to third parties against payment (letting) is prohibited.
§5. Note on Encoders And Decoders
NOTICE ABOUT THE H.264/AVC VISUAL STANDARD, THE VC-1 VIDEO STANDARD AND THE MPEG-4 VISUAL STANDARD. To the the extent that this software includes H.264/AVC, VC-1 and MPEG-4 Part 2 visual compression technology. MPEG LA, L.L.C. requires this notice:
THIS PRODUCT IS LICENSED UNDER THE AVC, THE VC-1 AND THE MPEG-4 PART 2 VISUAL PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE STANDARDS (“VIDEO STANDARDS”) AND/OR (ii) DECODE AVC, VC-1 AND MPEG-4 PART 2 THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERICAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE WWW.MPEGLA.COM.
To the extent that third party software components contain MPEG-2 Video Standard encoding and/or decoding functionality, no license is granted or shall be implied for their use under any circumstance.
§6. Purchasing Price, Terms of Payment
(1) For delivery of the objects of agreement and the grant of usage rights in the software the licensee pays the agreed price including the value added tax required by law. During the trial period (§2 paragraph 3) the objects of agreement and the usage rights in the software are granted without payment (§3 paragraph 1).
(2) In the absence of other agreements, the purchasing price becomes due with the issuing of the invoice. After payment the licensee will be provided with an activation key.
§7. Installation, Training, Maintenance
(1) With respect to the software’s installation, refer to the installation requirements and notes described in the installation instructions in particularly describing the hardware and software platform required to be present on the licensee’s side.
(2) For carrying out the installation, an active internet connection is necessary.
(3) The current agreement does not govern the software’s adaptation and future development, software maintenance or the licensor’s performance of training courses.
§8. Licensee’s Obligation to Cooperate
(1) Upon purchasing the objects of agreement, the licensee needs to provide the licensor with a valid e-mail address to which the activation key will be sent. It is up to the licensee to fetch the activation key and activate the software.
(2) The licensee will safely store the objects of agreement in order to avoid misuse.
(3) The licensee has read up on the software’s main features and holds the risk on whether these are up to his desires and needs; in case of doubt, he has sought advice from the licensor’s employee or from qualified third parties before the conclusion of the contract.
(4) Setting up a functional and appropriately dimensioned (also considering the additional load caused by the objects of agreement) hardware and software environment for the objects of agreement lies solely in the responsibility of the licensee.
(5) The licensee respects the instructions provided by the licensor concerning the software’s installation and use.
(6) The licensee takes appropriate measures for the case that the software does not function properly, in full or in part (e.g. performing regular data backups).
§9. Material Defects and Defects in Title When Purchasing the Software
(1) Except for the free trial period (as described in §2 paragraph 3 of this agreement) the licensor warrants the nature of the objects of agreement (as laid out in §1 paragraph 3 of this agreement) according to the provisions of the law of sale. Furthermore, the licensor warrants that usage of the objects of agreement within the boundaries of this contract by the licensee are not in conflict with third parties’ rights.
(2) The licensor does not warrant that the objects of agreement satisfy the licensee’s requirements. The licensor does not offer warranty for technical details or the adequacy of the objects of agreement for a certain purpose unless the functional description as described in §1 paragraph 3 of this agreement does not state otherwise.
(3) The licensee must document possible deficiencies in comprehensible manner and communicate these to the licensor at easycinemagraph@liquivid.com immediately after their discovery.
(4) Defects in the objects of agreement (material defects and defects in title) will be corrected by the licensor after being reported by the licensee and within the defects liability period of 2 years starting on the date of delivery of the activation key to the first-time purchaser. According to the licensee’s choice this will happen in form of a free correction of the defect (rectification) or delivery of fault-free objects of agreement (replacement). In case of replacement, the licensor also has the right to deliver a new software version providing at least an equivalent functionality, unless this is unacceptable to the licensee.
(5) If the fault cannot be rectified within an appropriate period or if the rectification or replacement must be regarded as failed due to other reasons, the licensee can reduce the price of purchase. Should the defect be of substantial nature, besides a price reduction the licensee can also choose the cancellation of the contract and/or compensation or refund of futile expenses. Cancellation of the contract does not exclude the right for compensation. Indemnity claims and compensation of futile expenses are subject to the limitation of liability as described in §10.
§10. Liability
(1) In all cases of contractual and non-contractual liability, which does not occur during the free trial period as described in §2 paragraph 3 of this agreement, the licensor offers compensation only within these limits:
(a) in case of intent and gross negligence in full amount; also for defects to a quality which the licensor warranted;
(b) in other cases: only when arising from violation of a substantial contractual obligation if this endangers the scope of contract, though always only up to the amount of the expected damage. Liability is limited to EUR 20.000,- per claim and limited to a maximum of EUR 50.000,- from this contractual relationship;
(2) The limitation of liability from paragraph 1 does not apply to liability in respect of personal injuries and liability according to the Product Liability Law.
(3) The licensee is responsible for a regular data backup. In case of data loss inflicted by the licensor, the licensor will thus be held liable only for the cost of retrieving that data which would have been lost even in the case of proper data backup execution.
§11. Warranty and Liability during the Free Trial Period
During the free trial period according to §2 paragraph 3 of this agreement warranty and liability are governed not by §8 and §9 but by the legal warranty and liability provisions of gift legislation (§§ 521, 523, 524 BGB).
§12. Data Protection
The licensor respects the provisions of data protection, especially when he gains access to the licensor’s personal data during the sale of the objects of contract. During the necessary software activation, activation data is stored in encrypted form on the licensor’s side; data stored in this connection is not personal.
$13. Final Provisions
(1) To the extent that the licensee is a merchant, corporate body under public law or special fund under public law or does not have a place of general jurisdiction within the domestic territory, the sole court of jurisdiction for all disputes arising from or in connection with this contractual relationship between the parties is the licensor’s business location.
(2) This agreement shall be governed by German law under exclusion of the UN Convention on the Sale of Goods. For any consumer, this choice of law applies only to the extent that the protection granted by the mandatory provisions of the law of the country of the consumer's usual residence is not deprived.
(3) Should one or more provisions in these general terms and conditions be invalid or should this become the case in the future, this has no effect on the validity of the remaining provisions.
(4) The following appendix is part of these terms of use: Appendix Third Party Software
Appendix:
Third Party Software
This software builds upon and is distributed with the following third party components:
• Apache Commons, Apache Sanselan, Apache Xerces, all licensed under the Apache License v2.0
• OpenCV, opencv.org, licensed under the BSD 3-clause license
• ControlsFX, fxexperience.com/controlsfx/, licensed under the BSD 3-clause license
• SQLite, sqlite.org, licensed as public domain
• JavaCL, https://code.google.com/p/javacl/, licensed under the BSD 3-clause license
• Java JRE, java.com, licensed under the Oracle Binary Code License Agreement
• FFmpeg executable binaries, ffmpeg.org, licensed under GPL v2 or newer. Sources from which the built-in binaries where build can be obtained here: liquivid.com/ffmpeg-info/. FFmpeg binaries are run in their own process and the current software product does not link against any FFmpeg libraries.
§1. Object of Agreement
(1) The author, Mr. Razvan Chisu, Gärtringer Weg 13, 71139 Ehningen, Germany (the “licensor” in the following) delivers to the licensee the application liquivid Easy Cinemagraph including all data contained therein, e. g. images, photographies, animations, videos, audio files, text, “applets”, etc. (the “software” in the following) as well as the application documentation (the “application documentation” in the following). The software and application documentation (the “objects of agreement” in the following) are provided in electronic form in english and german language under the terms of usage described within this document. The objects of agreement are transferred permanently and for personal use.
(2) The software’s source code is not part of the objects of agreement.
(3) The nature and quality of the software delivered by the licensor are exclusively determined by the technical specifications made available to the licensee through the licensor’s website before conclusion of the contract. The licensor is not liable for any characteristic of the software going beyond this.
(4) To the extent that the licensor’s employees offer any guarantees before the conclusion of the contract, these are only valid if confirmed in writing by the licensor.
(5) This license agreement and terms of use do not govern software components from third parties (“third party software” in the following) which may be used by the software. Regarding third party software, only the licensing terms of the third party software developer are valid. A list of used third party software can be found in this document’s appendix..
(6) The terms laid out herein are valid for the software version available at the conclusion of the contract. A (new) version will be marked by a new major number (possibly before a dot), e.g. “2” or “2.0” (“version” in the following). Using another (newer) version of the software requires new usage rights to be acquired. If applicable, usage rights for a new version can be acquired through upgrades offered by the licensor. Only owners of the versions listed in the upgrade are eligible to perform an upgrade. These terms of use are valid for upgrade version of the software provided that the licensee holds the right to use a version of the software.
§2. Delivery and Trial Period
(1) The software is made available to the licensee as a download on the internet.
(2) With the software, the licensor will provide the licensee with the application documentation including installation requirements in English and German language and in electronic form.
(3) When downloading the software through the licensor’s website (http://easycinemagraph.com) the licensee is entitled to a trial period of 14 days starting on the date of the first installation to thoroughly and gratuitously test the objects of agreement with respect to their functionality and reliability on the individual hardware and software environment. To use the objects of agreement beyond the free trial period, the licensee must buy the software. After conclusion of the sale contract, the licensor will provide the licensee with an activated version of the software and/or an activation key becoming part of the objects of agreement. If the trial period expires without the software being purchased, the licensee’s rights to use the objects of agreement expire and the software becomes technically unusable.
§3. Grant of Rights
(1) The objects of agreement are protected by copyright.
(2) The licensor initially grants the licensee the non-exclusive right to download, install and run the software on a computer for a period of maximum 14 days. After the trial period’s expiration the licensee’s rights laid out in this document expire even without an explicit note being issued by the licensor, unless the licensee buys the software as described in paragraph (3).
(3) Independently of the terms in paragraph (2) and in exchange for payment the licensor grants the licensee the perpetual, non-exclusive right to download, install and run the software (“license” in the following).
If the licensee purchases an activation key from the licensor’s own website or online store, one (1) license allows the licensee to install, download and run the software for intended use on up to three (3) computers.
If the licensee purchases the software from a third-party vendor or distribution service (including but not limited to the Mac App Store, Steam), the license management and software activation process may vary depending on those platforms’ mechanisms.
(4) Using the software within a computer network or any other multi-station-computer-system is prohibited if it creates the possibility for the software’s simultaneous multiple use. Especially the use within data centers, the temporary allocation of the software (e.g. as Application Service Providing, SaaS) or making the software publicly available (e.g. as a download) are allowed only after prior written consent has been provided by the licensor.
(5) Duplicating the software is allowable only to the extent in which this is required for the software’s contractual use. The licensee is entitled to create backup copies to the required extent. Backup copies on movable data storage mediums must be labelled as such and must carry a copyright notice (“© Razvan Chisu”).
(6) The licensee is entitled to implement changes, extensions or other modifications to the software as laid out in § 69 c Nr. 2 UrhG only to the extent explicitly required by law. Before the licensee will remove mistakes himself or through third parties, he will grant the licensor three attempts at removing the mistake.
(7) The licensee may decompile the software only within the limits of the § 69e UrhG and only if the licensor, after written request and a reasonable deadline, has failed to provide data and/or information required to achieve interoperability with other hardware and software.
(8) Modifying the application documentation is not allowed.
(9) Copyright and other protection notes within the software may not be removed or altered.
§4. Transfer of the Objects of Agreement
(1) The licensee may transfer the objects of agreement to a third party only integrally and under the condition of complete and final termination of his own use of the objects of agreement. All installations and copies created by the licensee must be rendered unusable and the third party must agree to the terms laid out in this document.
The third party must contact the licensor at easycinemagraph@liquivid.com to receive the necessary new activation key.
(2) The temporary transfer of usage rights to third parties against payment (letting) is prohibited.
§5. Note on Encoders And Decoders
NOTICE ABOUT THE H.264/AVC VISUAL STANDARD, THE VC-1 VIDEO STANDARD AND THE MPEG-4 VISUAL STANDARD. To the the extent that this software includes H.264/AVC, VC-1 and MPEG-4 Part 2 visual compression technology. MPEG LA, L.L.C. requires this notice:
THIS PRODUCT IS LICENSED UNDER THE AVC, THE VC-1 AND THE MPEG-4 PART 2 VISUAL PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE STANDARDS (“VIDEO STANDARDS”) AND/OR (ii) DECODE AVC, VC-1 AND MPEG-4 PART 2 THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERICAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE WWW.MPEGLA.COM.
To the extent that third party software components contain MPEG-2 Video Standard encoding and/or decoding functionality, no license is granted or shall be implied for their use under any circumstance.
§6. Purchasing Price, Terms of Payment
(1) For delivery of the objects of agreement and the grant of usage rights in the software the licensee pays the agreed price including the value added tax required by law. During the trial period (§2 paragraph 3) the objects of agreement and the usage rights in the software are granted without payment (§3 paragraph 1).
(2) In the absence of other agreements, the purchasing price becomes due with the issuing of the invoice. After payment the licensee will be provided with an activation key.
§7. Installation, Training, Maintenance
(1) With respect to the software’s installation, refer to the installation requirements and notes described in the installation instructions in particularly describing the hardware and software platform required to be present on the licensee’s side.
(2) For carrying out the installation, an active internet connection is necessary.
(3) The current agreement does not govern the software’s adaptation and future development, software maintenance or the licensor’s performance of training courses.
§8. Licensee’s Obligation to Cooperate
(1) Upon purchasing the objects of agreement, the licensee needs to provide the licensor with a valid e-mail address to which the activation key will be sent. It is up to the licensee to fetch the activation key and activate the software.
(2) The licensee will safely store the objects of agreement in order to avoid misuse.
(3) The licensee has read up on the software’s main features and holds the risk on whether these are up to his desires and needs; in case of doubt, he has sought advice from the licensor’s employee or from qualified third parties before the conclusion of the contract.
(4) Setting up a functional and appropriately dimensioned (also considering the additional load caused by the objects of agreement) hardware and software environment for the objects of agreement lies solely in the responsibility of the licensee.
(5) The licensee respects the instructions provided by the licensor concerning the software’s installation and use.
(6) The licensee takes appropriate measures for the case that the software does not function properly, in full or in part (e.g. performing regular data backups).
§9. Material Defects and Defects in Title When Purchasing the Software
(1) Except for the free trial period (as described in §2 paragraph 3 of this agreement) the licensor warrants the nature of the objects of agreement (as laid out in §1 paragraph 3 of this agreement) according to the provisions of the law of sale. Furthermore, the licensor warrants that usage of the objects of agreement within the boundaries of this contract by the licensee are not in conflict with third parties’ rights.
(2) The licensor does not warrant that the objects of agreement satisfy the licensee’s requirements. The licensor does not offer warranty for technical details or the adequacy of the objects of agreement for a certain purpose unless the functional description as described in §1 paragraph 3 of this agreement does not state otherwise.
(3) The licensee must document possible deficiencies in comprehensible manner and communicate these to the licensor at easycinemagraph@liquivid.com immediately after their discovery.
(4) Defects in the objects of agreement (material defects and defects in title) will be corrected by the licensor after being reported by the licensee and within the defects liability period of 2 years starting on the date of delivery of the activation key to the first-time purchaser. According to the licensee’s choice this will happen in form of a free correction of the defect (rectification) or delivery of fault-free objects of agreement (replacement). In case of replacement, the licensor also has the right to deliver a new software version providing at least an equivalent functionality, unless this is unacceptable to the licensee.
(5) If the fault cannot be rectified within an appropriate period or if the rectification or replacement must be regarded as failed due to other reasons, the licensee can reduce the price of purchase. Should the defect be of substantial nature, besides a price reduction the licensee can also choose the cancellation of the contract and/or compensation or refund of futile expenses. Cancellation of the contract does not exclude the right for compensation. Indemnity claims and compensation of futile expenses are subject to the limitation of liability as described in §10.
§10. Liability
(1) In all cases of contractual and non-contractual liability, which does not occur during the free trial period as described in §2 paragraph 3 of this agreement, the licensor offers compensation only within these limits:
(a) in case of intent and gross negligence in full amount; also for defects to a quality which the licensor warranted;
(b) in other cases: only when arising from violation of a substantial contractual obligation if this endangers the scope of contract, though always only up to the amount of the expected damage. Liability is limited to EUR 20.000,- per claim and limited to a maximum of EUR 50.000,- from this contractual relationship;
(2) The limitation of liability from paragraph 1 does not apply to liability in respect of personal injuries and liability according to the Product Liability Law.
(3) The licensee is responsible for a regular data backup. In case of data loss inflicted by the licensor, the licensor will thus be held liable only for the cost of retrieving that data which would have been lost even in the case of proper data backup execution.
§11. Warranty and Liability during the Free Trial Period
During the free trial period according to §2 paragraph 3 of this agreement warranty and liability are governed not by §8 and §9 but by the legal warranty and liability provisions of gift legislation (§§ 521, 523, 524 BGB).
§12. Data Protection
The licensor respects the provisions of data protection, especially when he gains access to the licensor’s personal data during the sale of the objects of contract. During the necessary software activation, activation data is stored in encrypted form on the licensor’s side; data stored in this connection is not personal.
$13. Final Provisions
(1) To the extent that the licensee is a merchant, corporate body under public law or special fund under public law or does not have a place of general jurisdiction within the domestic territory, the sole court of jurisdiction for all disputes arising from or in connection with this contractual relationship between the parties is the licensor’s business location.
(2) This agreement shall be governed by German law under exclusion of the UN Convention on the Sale of Goods. For any consumer, this choice of law applies only to the extent that the protection granted by the mandatory provisions of the law of the country of the consumer's usual residence is not deprived.
(3) Should one or more provisions in these general terms and conditions be invalid or should this become the case in the future, this has no effect on the validity of the remaining provisions.
(4) The following appendix is part of these terms of use: Appendix Third Party Software
Appendix:
Third Party Software
This software builds upon and is distributed with the following third party components:
• Apache Commons, Apache Sanselan, Apache Xerces, all licensed under the Apache License v2.0
• OpenCV, opencv.org, licensed under the BSD 3-clause license
• ControlsFX, fxexperience.com/controlsfx/, licensed under the BSD 3-clause license
• SQLite, sqlite.org, licensed as public domain
• JavaCL, https://code.google.com/p/javacl/, licensed under the BSD 3-clause license
• Java JRE, java.com, licensed under the Oracle Binary Code License Agreement
• FFmpeg executable binaries, ffmpeg.org, licensed under GPL v2 or newer. Sources from which the built-in binaries where build can be obtained here: liquivid.com/ffmpeg-info/. FFmpeg binaries are run in their own process and the current software product does not link against any FFmpeg libraries.