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End User License Agreement ("EULA")
For PhotoDirector
Date last modified: August 4, 2022.
Do not install or use the software until you have read and accepted all of the license terms. Permission to use the software is conditional upon your agreeing to the license terms. Installation or use of the software by you will be deemed to be acceptance of the license terms. Acceptance will bind you to the license terms in a legally enforceable contract with CyberLink Corp.
*CODEC ACTIVATION
When you use certain technologies essential to multi-media functions for the first time, the software application will collect the serial number of your computer system and the product key (CD key) for activation purposes only.
*PRIVACY POLICY
Some of our products may send an anonymous event/signal to CyberLink’s backend server to collect information for the purpose of improving the end user experience, such as for example:
-When user opts in or out of the CEIP (CyberLink Experience Improvement Program)/CPIP (CyberLink Product Improvement Program); and
-When our product is installed and/or uninstalled.
Please note that a trial version may also collect anonymous information and/or send crash report silently to CyberLink backend server for product improvement program.
*RELATED SERVICES
Some of our product features may integrate with services such as MoovieLive and/or DirectorZone. If you use any features from these services then you must agree to the terms of service and privacy policy thereof; which can be found at: https://www.moovielive.com/index/pages/term_of_use.mlg ; https://www.moovielive.com/index/pages/privacy.mlg ; https://directorzone.cyberlink.com/info/termsOfService.jsp and https://directorzone.cyberlink.com/info/privacy.jsp
* SOFTWARE LICENSE AND LIMITED WARRANTY
This EULA is an agreement between you, the end user, and CyberLink Corp. ("CyberLink"). By using this software, you agree to be bound by the terms of this EULA.
If you agree to abide by these conditions, please click "Yes". IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, PLEASE DO NOT USE THIS SOFTWARE AND PROMPTLY REMOVE IT FROM YOUR COMPUTER.
* GRANT OF LICENSE & USAGE RESTRICTIONS
Below are the general license terms and usage restrictions followed by specific provisions depending on the type of license you have.
CyberLink, as licensor, grants to you, the licensee, a non-exclusive right to download and/or install the accompanying PhotoDirector software program(s) (hereinafter the "SOFTWARE") on a certain number of computer(s)/ device(s) in accordance with the number of the license(s) you purchased and use the SOFTWARE in accordance with the terms contained in this license. You agree and acknowledge that you may receive SOFTWARE update, upgrade notices or any commercial electronic messages during the use of SOFTWARE. You shall not rent, lease, sublicense, modify, alter, reverse engineer, disassemble, decompile, or create any derivative work of the SOFTWARE, or remove any copyright notice or proprietary legend contained in the SOFTWARE. You shall not reproduce the SOFTWARE unless for backup purposes and limited to one copy only. You acknowledge this SOFTWARE is licensed to you, not sold to you. The SOFTWARE must be lawfully acquired from CyberLink or through CyberLink’s authorized resellers otherwise you do not have a right to use the SOFTWARE. You agree that once SOFTWARE is operated, used or installed; you may not resell or distribute it to another person or entity subject to the relevant statutes. Whether you are legally allowed to resell the SOFTWARE will depend on the law of your place of residence or where the transferee is located. Generally a resale or distribution will cause an automatic termination of your license to use the SOFTWARE. You own and are responsible for the risks of inability to use or install the SOFTWARE in purchasing or obtaining the SOFTWARE NOT from CyberLink, CyberLink’s authorized distributors or resellers or for used SOFTWARE. Please refer to the link [https://www.cyberlink.com/stat/regional-stores/enu/index.jsp] for the SOFTWARE purchase information in CyberLink’s official website and for the information of CyberLink’s authorized distributors.
License Types:
**INDIVIDUAL LICENSE
If you acquire the SOFTWARE under an individual license it is for your own use under the general terms above.
**SITE LICENSE
Site licensed SOFTWARE is licensed to be used in a single location. The maximum number of users is limited by the site license agreement.
**VOLUME LICENSE
Only one copy per device may be installed. If you are the volume license holder then you may make multiple back-up copies and install multiple seats of the SOFTWARE. The total number of licensed copies will be limited to a capped number according to the purchased quantity in bulk.
**EVALUATION/TRIAL LICENSE
Only one copy per device may be installed. The SOFTWARE is licensed for evaluation and/or trial purposes only. The rights granted to you herein will cease after a specified time period and the SOFTWARE usage is time limited, after expiration of which it may be disabled. This license is for non-commercial use.
**SUBSCRIPTION LICENSE
The SOFTWARE is licensed for subscription purposes. You agree that CyberLink may change the version of the SOFTWARE provided to you at any time without liability to you. Ongoing access to Subscription SOFTWARE requires a working internet connection, CyberLink’s receipt of recurring subscription payments and agreement to the terms of use and/or service for Subscription SOFTWARE to be found on the downloading site. The rights granted to you herein will cease after a specified time period and the SOFTWARE usage is time limited, after expiration of which it may be disabled.
**EDUCATIONAL LICENSE
The SOFTWARE is licensed for educational purposes and non-commercial use only. It may be purchased by schools, universities, students and their legal guardians, faculty, teachers, professors, lecturers and any other educational institutions, scholars or staff.
If you are going to use the SOFTWARE for your direct revenue-generating use or to serve as a main resource to generate revenue for you then additional licenses will be needed for the following non-exhaustive list of third party technologies:
>H.265/MPEG HEVC
Contact: MPEG LA, LLC, 8101 E. Prentice Ave., Suite 900, Greenwood Village, CO 80111, USA
>MPEG-2/4 AAC, 5.1-ch Decoder + 2-ch Encoder - AAC Patent License Agreement
Contact: Via Licensing Corporation, 475 Brannan Street, Suite 320
San Francisco, CA 94107-5420, USA
>H.265/HEVC - Access Advance
Contact: Access Advance LLC, 100 Cambridge Street, Suite 21400, Boston, MA 02114, USA
CyberLink does not license the above items for commercial use and you are advised to approach the relevant licensing agents at the above addresses for more information.
*MPEG DISTRIBUTION
THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG-LA.
You also acknowledge that no rights are granted or may be extended to you to use the SOFTWARE with MPEG-4 Video Content unless such MPEG-4 Content is sold or delivered to you by a content outlet licensed under the MPEG-4 Essential Claims to make such sale or delivery.
*Notices from Access Advance
Covered by one or more claims of the patents listed at https://accessadvance.com/hevc-advance-patent-list/.
THIS PRODUCT IS SOLD WITH A LIMITED LICENSE AND IS AUTHORIZED TO BE USED ONLY IN CONNECTION WITH HEVC CONTENT THAT MEETS EACH OF THE THREE FOLLOWING QUALIFICATIONS: (1) HEVC CONTENT ONLY FOR PERSONAL USE; (2) HEVC CONTENT THAT IS NOT OFFERED FOR SALE; AND (3) HEVC CONTENT THAT IS CREATED BY THE OWNER OF THE PRODUCT. THIS PRODUCT MAY NOT BE USED IN CONNECTION WITH HEVC ENCODED CONTENT CREATED BY A THIRD PARTY, WHICH THE USER HAS ORDERED OR PURCHASED FROM A THIRD PARTY, UNLESS THE USER IS SEPARATELY GRANTED RIGHTS TO USE THE PRODUCT WITH SUCH CONTENT BY A LICENSED SELLER OF THE CONTENT. YOUR USE OF THIS PRODUCT IN CONNECTION WITH HEVC ENCODED CONTENT IS DEEMED ACCEPTANCE OF THE LIMITED AUTHORITY TO USE AS NOTED ABOVE.
* OWNERSHIP OF SOFTWARE
CyberLink retains the copyright, title and ownership of the SOFTWARE and the written materials ("Documentation") regardless of the form or media in or on which the original and other copies may exist.
* UPGRADES
If this copy of the SOFTWARE is an upgrade from an earlier version of the SOFTWARE, it is provided to you on a license exchange basis. Upon your installation and use of this copy of the SOFTWARE, you agree to voluntarily terminate your earlier EULA and you will not continue to use the earlier version of the SOFTWARE or resell or distribute it to another person or entity.
* USE OF MEDIA CONTENT LICENSED BY THIRD PARTIES
You may use pictures, audio, video, thumbnails or other media content (media content), if any, provided in the SOFTWARE, which may be licensed from third parties, to demonstrate, complete or upload your work created by the use of the SOFTWARE to social media platforms; provided that you should not use the media content in any illegal, public performance or commercial or immoral manner, nor shall you grant your right to use to any third party. CyberLink does not provide any warranty or representation to these media content items from third parties and disclaims all liabilities to the maximum extent allowed by law. Please note that the use of media content licensed by third parties is subject to your purchase of SOFTWARE or a valid subscription with CyberLink and in no event shall such use of media contents licensed by ECHO MUSIC go beyond 31st July 2020.
* USE OF THE CONTENT LICENSED BY SHUTTERSTOCK INC. AND/OR ITS AFFILIATES.
Subject to your compliance with the following provisions, you are authorized to use the content licensed from Shutterstock through the SOFTWARE (“Shutterstock Content”), or any part thereof, solely as incorporated into digital products created by you using the SOFTWARE.
You shall not use any Shutterstock Content:
- Except solely as incorporated into the products created using the SOFTWARE or otherwise download any Shutterstock Content in its original, unaltered form outside the SOFTWARE.
- together with pornographic, defamatory, or unlawful content or in such a manner that it infringes upon any third party’s trademark or intellectual property rights.
- portraying any person depicted therein (a "Model") in a way that a reasonable person would find offensive, including but not limited to depicting a Model: a) in connection with pornography, "adult videos", adult entertainment venues, escort services, dating services, or the like; b) in connection with the advertisement or promotion of tobacco products; c) as endorsing a political party, candidate, elected official, or opinion; d) as suffering from, or medicating for, a physical or mental ailment; or e) engaging in immoral or criminal activities.
- as a trademark, service mark, or logo.
You shall not use any Shutterstock Content that is Music:
- as a musical theme in connection with any products created and distributed using the SOFTWARE.
- in an audio-only capacity in which Music is the primary content with any products created and distributed using the SOFTWARE.
- in an international television advertising campaign by or on behalf of an entity with annual revenues of more than One Billion Dollars ($1,000,000,000).
- remixed or otherwise materially altered, except that End Users may engage in basic editing (e.g., setting start/stop points, determining fade-in/fade-out points, changing volume and pitch, etc.).
- in a downloadable form available through the internet or otherwise including making it available via FTP, IRC, peer-to-peer file sharing services or the like.
You shall not do the following:
- download or otherwise access the raw Shutterstock Content data files outside of the SOFTWARE;
- interfere with or disrupt Shutterstock services or servers or networks connected to Shutterstock services, or disobey any requirements, procedures, policies or regulations of networks connected to Shutterstock services;
- place, nor cause, enable or permit a third party to place, advertisements or other materials that overlay, obscure or misattribute the Shutterstock Content;
- use Shutterstock Content and/or services for any illegal or unauthorized purpose;
- circumvent or modify any passwords and/or other credentials issued by Shutterstock or other security mechanisms employed by Shutterstock or Shutterstock’s API, including without limitation any authentication technologies;
- enable any other person to personally identify any user of the SOFTWARE except with the user's express consent;
- falsify, modify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material (including Shutterstock Content);
- provide content with, in or in connection with the use of the SOFTWARE that falsely expresses or implies that such content is sponsored or endorsed by Shutterstock;
- upload, post, email or transmit or otherwise make available with, in or in connection with the use of the SOFTWARE, any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you (or the user posting the content) are the owner of the content or have the permission of the owner to post such content;
- transmit any viruses, malware, worms, defects, Trojan horses, or any items of a destructive nature.
Nothing shall be deemed to transfer the copyright to any Shutterstock Content to you. Shutterstock and/or the various artists who provide Shutterstock Content to Shutterstock own all rights, including the copyrights in and to the Shutterstock Content, and reserve all rights in and to the Shutterstock Content not expressly granted. Neither Shutterstock nor CyberLink shall be liable for any damages, costs or losses arising as a result of modifications made to the Shutterstock Content or due to the context in which the Shutterstock Content is used by you. Indemnification against any claim arising from or related to your use of Shutterstock Content shall be subject to the warranties and representations expressly made by Shutterstock. CyberLink does not provide any warranty or representation to the Shutterstock Content and disclaims all liabilities to the maximum extent allowed by law.
* USE OF THE CONTENT LICENSED BY GETTY IMAGES (US), INC.
Subject to your compliance with the following provisions, you are authorized to use the content licensed from Getty Images (US), Inc. through the SOFTWARE (“Getty Images Content”) solely as incorporated into digital works created by you using the SOFTWARE.
You may download a watermarked, low-resolution version of Getty Images Content for no-fee, only for evaluation purposes, for a period of up to thirty (30) days following download by you. Unless you purchase licenses of Getty Images Content, you may not use any Getty Images Content in any final materials or any publicly available materials.
You may pay for a watermark-free, high-resolution version of Getty Images Content. Once you have purchased the license of a particular Getty Images Content via the SOFTWARE by paying applicable fees, you may use such licensed Getty Images Content an unlimited amount of times within the SOFTWARE and the works created by you using the SOFTWARE in accordance with the terms of this EULA.
You may not remove any metadata in Getty Images Content, activate the “right-click” function in Getty Images Content, or reverse engineer, decompile, disassemble the SOFTWARE to enable the download or use of Getty Images Content on a stand-alone basis. If technically feasible, you shall disable the “right-click” function in all items of Getty Images Content. You may not use Getty Images Content in any way that allows others to download, extract, or redistribute Getty Images Content as a stand-alone file (meaning just the content file itself, separate from the works created by you using the SOFTWARE or end use).
You may only use Getty Images Content in the works created by you using the SOFTWARE, for display solely in digital form. You may not sell, resell, distribute, modify, re-use, display, reproduce or make any other use of Getty Images Content.
Getty Images Content may not be used:
- for pornographic, defamatory or other unlawful purposes;
- on a stand-alone basis with no other content;
- in electronic templates used to create electronic or printed products;
- in physical or digital retail products, such as e-cards, calendars, posters, or screensavers;
- for the purpose of enabling file-sharing of the image file; or
- in logos, trademarks, services marks or any other branding or identifiers.
If you use Getty Images Content that features an individual(s) in connection with a sensitive, unflattering or controversial subject, you must include a statement that the Getty Images Content is used for illustrative purposes only and the individual is a model.
No ownership or copyrights to Getty Images Content are granted to you.
If you misuse any Getty Images Content, CyberLink will enforce the terms of this EULA, investigate and address such misuse, whether by shutting down your access and/or as may otherwise be appropriated in the given circumstance.
* LIMITED WARRANTY
CyberLink warrants the media on which the SOFTWARE is furnished to be free of defects in material and workmanship, under normal use, for a period of ninety (90) days following the date of delivery to you. If there is a defect in the media (CD/DVD-ROM), CyberLink's sole liability shall be to replace the defective media, which has been returned to CyberLink or the supplier with your dated invoice and is shown to be defective. In the event that CyberLink is unable to replace defective media, CyberLink shall at its sole discretion either refund your money upon your termination of this license or replace it with the newer version of the same software.
THIS SOFTWARE AND ACCOMPANYING DOCUMENTATION (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND ARE NOT FAIL-SAFE. FURTHER, CYBERLINK DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE, OF THE SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. IF THE SOFTWARE OR DOCUMENTATION IS DEFECTIVE, YOU, AND NOT CYBERLINK OR ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR OR CORRECTION.
CYBERLINK DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, REGARDLESS OF WHETHER IT IS MADE BY CYBERLINK, ON THIS CYBERLINK PRODUCT. CYBERLINK DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CYBERLINK, 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.
NEITHER CYBERLINK NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT EVEN IF CYBERLINK HAS BEEN ADVISED OF THE POSSBILITY OF SUCH DAMAGES.
Should any other warranties be found to exist, such warranties shall be limited in duration to ninety (90) days following the date of delivery to you. In no event will CyberLink's liability for any damages to you or any other person exceed the amount paid for the license to use the SOFTWARE.
You agree to bear the full, complete, and sole responsibility for using the SOFTWARE for any purpose. You also agree to indemnify and hold CyberLink harmless from any claims, proceedings, damages, costs, and expenses resulting from your use of the SOFTWARE for any illegal purpose or violation of this EULA.
Upon termination of this EULA, you should destroy the SOFTWARE and the Documentation and all the copies thereof and remove and delete the SOFTWARE from your hard disk or other storage device.
This EULA constitutes the entire agreement between you and CyberLink Corp. This EULA shall be governed and construed in accordance with the laws of Taiwan and shall benefit CyberLink, its successors and assigns.
Any claim or dispute between you and CyberLink or against any agent, employee, successor or assign of CyberLink, whether related to this EULA or otherwise, and any claim or dispute related to this EULA or the relationship or duties contemplated under this EULA, including the validity of this arbitration clause, shall be resolved in Taipei, Taiwan, pursuant to the Taiwan Arbitration Act.
This localized version of the EULA is for reference only. In case of inconsistencies between the localized version and the English version, the English version will prevail.
For PhotoDirector
Date last modified: August 4, 2022.
Do not install or use the software until you have read and accepted all of the license terms. Permission to use the software is conditional upon your agreeing to the license terms. Installation or use of the software by you will be deemed to be acceptance of the license terms. Acceptance will bind you to the license terms in a legally enforceable contract with CyberLink Corp.
*CODEC ACTIVATION
When you use certain technologies essential to multi-media functions for the first time, the software application will collect the serial number of your computer system and the product key (CD key) for activation purposes only.
*PRIVACY POLICY
Some of our products may send an anonymous event/signal to CyberLink’s backend server to collect information for the purpose of improving the end user experience, such as for example:
-When user opts in or out of the CEIP (CyberLink Experience Improvement Program)/CPIP (CyberLink Product Improvement Program); and
-When our product is installed and/or uninstalled.
Please note that a trial version may also collect anonymous information and/or send crash report silently to CyberLink backend server for product improvement program.
*RELATED SERVICES
Some of our product features may integrate with services such as MoovieLive and/or DirectorZone. If you use any features from these services then you must agree to the terms of service and privacy policy thereof; which can be found at: https://www.moovielive.com/index/pages/term_of_use.mlg ; https://www.moovielive.com/index/pages/privacy.mlg ; https://directorzone.cyberlink.com/info/termsOfService.jsp and https://directorzone.cyberlink.com/info/privacy.jsp
* SOFTWARE LICENSE AND LIMITED WARRANTY
This EULA is an agreement between you, the end user, and CyberLink Corp. ("CyberLink"). By using this software, you agree to be bound by the terms of this EULA.
If you agree to abide by these conditions, please click "Yes". IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, PLEASE DO NOT USE THIS SOFTWARE AND PROMPTLY REMOVE IT FROM YOUR COMPUTER.
* GRANT OF LICENSE & USAGE RESTRICTIONS
Below are the general license terms and usage restrictions followed by specific provisions depending on the type of license you have.
CyberLink, as licensor, grants to you, the licensee, a non-exclusive right to download and/or install the accompanying PhotoDirector software program(s) (hereinafter the "SOFTWARE") on a certain number of computer(s)/ device(s) in accordance with the number of the license(s) you purchased and use the SOFTWARE in accordance with the terms contained in this license. You agree and acknowledge that you may receive SOFTWARE update, upgrade notices or any commercial electronic messages during the use of SOFTWARE. You shall not rent, lease, sublicense, modify, alter, reverse engineer, disassemble, decompile, or create any derivative work of the SOFTWARE, or remove any copyright notice or proprietary legend contained in the SOFTWARE. You shall not reproduce the SOFTWARE unless for backup purposes and limited to one copy only. You acknowledge this SOFTWARE is licensed to you, not sold to you. The SOFTWARE must be lawfully acquired from CyberLink or through CyberLink’s authorized resellers otherwise you do not have a right to use the SOFTWARE. You agree that once SOFTWARE is operated, used or installed; you may not resell or distribute it to another person or entity subject to the relevant statutes. Whether you are legally allowed to resell the SOFTWARE will depend on the law of your place of residence or where the transferee is located. Generally a resale or distribution will cause an automatic termination of your license to use the SOFTWARE. You own and are responsible for the risks of inability to use or install the SOFTWARE in purchasing or obtaining the SOFTWARE NOT from CyberLink, CyberLink’s authorized distributors or resellers or for used SOFTWARE. Please refer to the link [https://www.cyberlink.com/stat/regional-stores/enu/index.jsp] for the SOFTWARE purchase information in CyberLink’s official website and for the information of CyberLink’s authorized distributors.
License Types:
**INDIVIDUAL LICENSE
If you acquire the SOFTWARE under an individual license it is for your own use under the general terms above.
**SITE LICENSE
Site licensed SOFTWARE is licensed to be used in a single location. The maximum number of users is limited by the site license agreement.
**VOLUME LICENSE
Only one copy per device may be installed. If you are the volume license holder then you may make multiple back-up copies and install multiple seats of the SOFTWARE. The total number of licensed copies will be limited to a capped number according to the purchased quantity in bulk.
**EVALUATION/TRIAL LICENSE
Only one copy per device may be installed. The SOFTWARE is licensed for evaluation and/or trial purposes only. The rights granted to you herein will cease after a specified time period and the SOFTWARE usage is time limited, after expiration of which it may be disabled. This license is for non-commercial use.
**SUBSCRIPTION LICENSE
The SOFTWARE is licensed for subscription purposes. You agree that CyberLink may change the version of the SOFTWARE provided to you at any time without liability to you. Ongoing access to Subscription SOFTWARE requires a working internet connection, CyberLink’s receipt of recurring subscription payments and agreement to the terms of use and/or service for Subscription SOFTWARE to be found on the downloading site. The rights granted to you herein will cease after a specified time period and the SOFTWARE usage is time limited, after expiration of which it may be disabled.
**EDUCATIONAL LICENSE
The SOFTWARE is licensed for educational purposes and non-commercial use only. It may be purchased by schools, universities, students and their legal guardians, faculty, teachers, professors, lecturers and any other educational institutions, scholars or staff.
If you are going to use the SOFTWARE for your direct revenue-generating use or to serve as a main resource to generate revenue for you then additional licenses will be needed for the following non-exhaustive list of third party technologies:
>H.265/MPEG HEVC
Contact: MPEG LA, LLC, 8101 E. Prentice Ave., Suite 900, Greenwood Village, CO 80111, USA
>MPEG-2/4 AAC, 5.1-ch Decoder + 2-ch Encoder - AAC Patent License Agreement
Contact: Via Licensing Corporation, 475 Brannan Street, Suite 320
San Francisco, CA 94107-5420, USA
>H.265/HEVC - Access Advance
Contact: Access Advance LLC, 100 Cambridge Street, Suite 21400, Boston, MA 02114, USA
CyberLink does not license the above items for commercial use and you are advised to approach the relevant licensing agents at the above addresses for more information.
*MPEG DISTRIBUTION
THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG-LA.
You also acknowledge that no rights are granted or may be extended to you to use the SOFTWARE with MPEG-4 Video Content unless such MPEG-4 Content is sold or delivered to you by a content outlet licensed under the MPEG-4 Essential Claims to make such sale or delivery.
*Notices from Access Advance
Covered by one or more claims of the patents listed at https://accessadvance.com/hevc-advance-patent-list/.
THIS PRODUCT IS SOLD WITH A LIMITED LICENSE AND IS AUTHORIZED TO BE USED ONLY IN CONNECTION WITH HEVC CONTENT THAT MEETS EACH OF THE THREE FOLLOWING QUALIFICATIONS: (1) HEVC CONTENT ONLY FOR PERSONAL USE; (2) HEVC CONTENT THAT IS NOT OFFERED FOR SALE; AND (3) HEVC CONTENT THAT IS CREATED BY THE OWNER OF THE PRODUCT. THIS PRODUCT MAY NOT BE USED IN CONNECTION WITH HEVC ENCODED CONTENT CREATED BY A THIRD PARTY, WHICH THE USER HAS ORDERED OR PURCHASED FROM A THIRD PARTY, UNLESS THE USER IS SEPARATELY GRANTED RIGHTS TO USE THE PRODUCT WITH SUCH CONTENT BY A LICENSED SELLER OF THE CONTENT. YOUR USE OF THIS PRODUCT IN CONNECTION WITH HEVC ENCODED CONTENT IS DEEMED ACCEPTANCE OF THE LIMITED AUTHORITY TO USE AS NOTED ABOVE.
* OWNERSHIP OF SOFTWARE
CyberLink retains the copyright, title and ownership of the SOFTWARE and the written materials ("Documentation") regardless of the form or media in or on which the original and other copies may exist.
* UPGRADES
If this copy of the SOFTWARE is an upgrade from an earlier version of the SOFTWARE, it is provided to you on a license exchange basis. Upon your installation and use of this copy of the SOFTWARE, you agree to voluntarily terminate your earlier EULA and you will not continue to use the earlier version of the SOFTWARE or resell or distribute it to another person or entity.
* USE OF MEDIA CONTENT LICENSED BY THIRD PARTIES
You may use pictures, audio, video, thumbnails or other media content (media content), if any, provided in the SOFTWARE, which may be licensed from third parties, to demonstrate, complete or upload your work created by the use of the SOFTWARE to social media platforms; provided that you should not use the media content in any illegal, public performance or commercial or immoral manner, nor shall you grant your right to use to any third party. CyberLink does not provide any warranty or representation to these media content items from third parties and disclaims all liabilities to the maximum extent allowed by law. Please note that the use of media content licensed by third parties is subject to your purchase of SOFTWARE or a valid subscription with CyberLink and in no event shall such use of media contents licensed by ECHO MUSIC go beyond 31st July 2020.
* USE OF THE CONTENT LICENSED BY SHUTTERSTOCK INC. AND/OR ITS AFFILIATES.
Subject to your compliance with the following provisions, you are authorized to use the content licensed from Shutterstock through the SOFTWARE (“Shutterstock Content”), or any part thereof, solely as incorporated into digital products created by you using the SOFTWARE.
You shall not use any Shutterstock Content:
- Except solely as incorporated into the products created using the SOFTWARE or otherwise download any Shutterstock Content in its original, unaltered form outside the SOFTWARE.
- together with pornographic, defamatory, or unlawful content or in such a manner that it infringes upon any third party’s trademark or intellectual property rights.
- portraying any person depicted therein (a "Model") in a way that a reasonable person would find offensive, including but not limited to depicting a Model: a) in connection with pornography, "adult videos", adult entertainment venues, escort services, dating services, or the like; b) in connection with the advertisement or promotion of tobacco products; c) as endorsing a political party, candidate, elected official, or opinion; d) as suffering from, or medicating for, a physical or mental ailment; or e) engaging in immoral or criminal activities.
- as a trademark, service mark, or logo.
You shall not use any Shutterstock Content that is Music:
- as a musical theme in connection with any products created and distributed using the SOFTWARE.
- in an audio-only capacity in which Music is the primary content with any products created and distributed using the SOFTWARE.
- in an international television advertising campaign by or on behalf of an entity with annual revenues of more than One Billion Dollars ($1,000,000,000).
- remixed or otherwise materially altered, except that End Users may engage in basic editing (e.g., setting start/stop points, determining fade-in/fade-out points, changing volume and pitch, etc.).
- in a downloadable form available through the internet or otherwise including making it available via FTP, IRC, peer-to-peer file sharing services or the like.
You shall not do the following:
- download or otherwise access the raw Shutterstock Content data files outside of the SOFTWARE;
- interfere with or disrupt Shutterstock services or servers or networks connected to Shutterstock services, or disobey any requirements, procedures, policies or regulations of networks connected to Shutterstock services;
- place, nor cause, enable or permit a third party to place, advertisements or other materials that overlay, obscure or misattribute the Shutterstock Content;
- use Shutterstock Content and/or services for any illegal or unauthorized purpose;
- circumvent or modify any passwords and/or other credentials issued by Shutterstock or other security mechanisms employed by Shutterstock or Shutterstock’s API, including without limitation any authentication technologies;
- enable any other person to personally identify any user of the SOFTWARE except with the user's express consent;
- falsify, modify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material (including Shutterstock Content);
- provide content with, in or in connection with the use of the SOFTWARE that falsely expresses or implies that such content is sponsored or endorsed by Shutterstock;
- upload, post, email or transmit or otherwise make available with, in or in connection with the use of the SOFTWARE, any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you (or the user posting the content) are the owner of the content or have the permission of the owner to post such content;
- transmit any viruses, malware, worms, defects, Trojan horses, or any items of a destructive nature.
Nothing shall be deemed to transfer the copyright to any Shutterstock Content to you. Shutterstock and/or the various artists who provide Shutterstock Content to Shutterstock own all rights, including the copyrights in and to the Shutterstock Content, and reserve all rights in and to the Shutterstock Content not expressly granted. Neither Shutterstock nor CyberLink shall be liable for any damages, costs or losses arising as a result of modifications made to the Shutterstock Content or due to the context in which the Shutterstock Content is used by you. Indemnification against any claim arising from or related to your use of Shutterstock Content shall be subject to the warranties and representations expressly made by Shutterstock. CyberLink does not provide any warranty or representation to the Shutterstock Content and disclaims all liabilities to the maximum extent allowed by law.
* USE OF THE CONTENT LICENSED BY GETTY IMAGES (US), INC.
Subject to your compliance with the following provisions, you are authorized to use the content licensed from Getty Images (US), Inc. through the SOFTWARE (“Getty Images Content”) solely as incorporated into digital works created by you using the SOFTWARE.
You may download a watermarked, low-resolution version of Getty Images Content for no-fee, only for evaluation purposes, for a period of up to thirty (30) days following download by you. Unless you purchase licenses of Getty Images Content, you may not use any Getty Images Content in any final materials or any publicly available materials.
You may pay for a watermark-free, high-resolution version of Getty Images Content. Once you have purchased the license of a particular Getty Images Content via the SOFTWARE by paying applicable fees, you may use such licensed Getty Images Content an unlimited amount of times within the SOFTWARE and the works created by you using the SOFTWARE in accordance with the terms of this EULA.
You may not remove any metadata in Getty Images Content, activate the “right-click” function in Getty Images Content, or reverse engineer, decompile, disassemble the SOFTWARE to enable the download or use of Getty Images Content on a stand-alone basis. If technically feasible, you shall disable the “right-click” function in all items of Getty Images Content. You may not use Getty Images Content in any way that allows others to download, extract, or redistribute Getty Images Content as a stand-alone file (meaning just the content file itself, separate from the works created by you using the SOFTWARE or end use).
You may only use Getty Images Content in the works created by you using the SOFTWARE, for display solely in digital form. You may not sell, resell, distribute, modify, re-use, display, reproduce or make any other use of Getty Images Content.
Getty Images Content may not be used:
- for pornographic, defamatory or other unlawful purposes;
- on a stand-alone basis with no other content;
- in electronic templates used to create electronic or printed products;
- in physical or digital retail products, such as e-cards, calendars, posters, or screensavers;
- for the purpose of enabling file-sharing of the image file; or
- in logos, trademarks, services marks or any other branding or identifiers.
If you use Getty Images Content that features an individual(s) in connection with a sensitive, unflattering or controversial subject, you must include a statement that the Getty Images Content is used for illustrative purposes only and the individual is a model.
No ownership or copyrights to Getty Images Content are granted to you.
If you misuse any Getty Images Content, CyberLink will enforce the terms of this EULA, investigate and address such misuse, whether by shutting down your access and/or as may otherwise be appropriated in the given circumstance.
* LIMITED WARRANTY
CyberLink warrants the media on which the SOFTWARE is furnished to be free of defects in material and workmanship, under normal use, for a period of ninety (90) days following the date of delivery to you. If there is a defect in the media (CD/DVD-ROM), CyberLink's sole liability shall be to replace the defective media, which has been returned to CyberLink or the supplier with your dated invoice and is shown to be defective. In the event that CyberLink is unable to replace defective media, CyberLink shall at its sole discretion either refund your money upon your termination of this license or replace it with the newer version of the same software.
THIS SOFTWARE AND ACCOMPANYING DOCUMENTATION (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND ARE NOT FAIL-SAFE. FURTHER, CYBERLINK DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE, OF THE SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. IF THE SOFTWARE OR DOCUMENTATION IS DEFECTIVE, YOU, AND NOT CYBERLINK OR ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR OR CORRECTION.
CYBERLINK DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, REGARDLESS OF WHETHER IT IS MADE BY CYBERLINK, ON THIS CYBERLINK PRODUCT. CYBERLINK DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CYBERLINK, 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.
NEITHER CYBERLINK NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT EVEN IF CYBERLINK HAS BEEN ADVISED OF THE POSSBILITY OF SUCH DAMAGES.
Should any other warranties be found to exist, such warranties shall be limited in duration to ninety (90) days following the date of delivery to you. In no event will CyberLink's liability for any damages to you or any other person exceed the amount paid for the license to use the SOFTWARE.
You agree to bear the full, complete, and sole responsibility for using the SOFTWARE for any purpose. You also agree to indemnify and hold CyberLink harmless from any claims, proceedings, damages, costs, and expenses resulting from your use of the SOFTWARE for any illegal purpose or violation of this EULA.
Upon termination of this EULA, you should destroy the SOFTWARE and the Documentation and all the copies thereof and remove and delete the SOFTWARE from your hard disk or other storage device.
This EULA constitutes the entire agreement between you and CyberLink Corp. This EULA shall be governed and construed in accordance with the laws of Taiwan and shall benefit CyberLink, its successors and assigns.
Any claim or dispute between you and CyberLink or against any agent, employee, successor or assign of CyberLink, whether related to this EULA or otherwise, and any claim or dispute related to this EULA or the relationship or duties contemplated under this EULA, including the validity of this arbitration clause, shall be resolved in Taipei, Taiwan, pursuant to the Taiwan Arbitration Act.
This localized version of the EULA is for reference only. In case of inconsistencies between the localized version and the English version, the English version will prevail.