End User License Agreement
[Last updated May 1st, 2014]
This End User License Agreement ("EULA") constitutes the full and final agreement between ("Us", "We" or "Web site") and You with regards to your use the ("Software"). Please fully read these EULA prior to downloading and installing the Software.
Upgrades, Updates and Fixes:
- The Website:
The Website is controlled and maintained by Us and provides the Software, information and may provide download links for software developed by other third parties. For more information please see Section 6 herein.
We hereby grant You with a limited, personal, non-sub licensable, non-assignable, non-transferable, non-commercial, non-exclusive, temporary, revocable license, all in accordance with the terms and conditions of this EULA, to use the Website and the Software only for Your personal use on Your own personal computer.
- Limited: You may use the Website and/or the Software for Your own personal use and solely on devices that You are their proprietor. You cannot reverse engineer modify, alter or otherwise create any derivative work of the Software.
- Personal & Non-Sub licensable: You may not allow any third party to use the Software nor may You use the Software for any commercial purpose. You may not sublicense, lease, rent or otherwise allow third parties to use the Software, or any portions thereof.
- Non Assignable & Non-Transferable: You may not assign or transfer Your rights and obligations under this license.
- Non-Commercial: You may not use the Software for commercial purposes. For the purpose of this license, "commercial purposes" means that a third party has access to the Software or any part thereof, as a part of Your regular business. For example, You cannot charge other third parties for using the Software or permit them to use the Software.
- Non-Exclusive: Your license is granted on a non-exclusive basis. Nothing in this license shall limit Us from licensing, conveying, assigning, transferring or otherwise contracting any party in regards to the Software.
- Temporary: The License is granted to You for a limited amount of time, as presented to You when You license the Software.
- Revocable: We may revoke this License at any time, and may terminate this EULA at any time.
- Trademarks: We and/or our affiliates, subsidiaries and/or their respective suppliers and licensors (as applicable) shall retain full title in Trademarks, and any trademarks and tradenames contained in the Website and/or the Software, including the Software’s names, logos, and all other intellectual property rights. Unless specifically stated in this EULA, no license shall be made to use, associate or affiliate the Software in any manner.
- Third Party License - Open Source Code:
The Software is developed and owned by Us and\or Our affiliates, subsidiaries and/or their respective suppliers and licensors. Please note that the Software may include certain software, components and materials ("Open Source Materials") of third parties ("Third Party Licensors") licensed under certain licenses ("Open Source License(s)").
- Nothing in this EULA shall limit Your rights under, or grants You rights that supersede, the terms and conditions of any applicable Open Source License. You must review all applicable Open Source Licenses to understand Your rights under these licenses. In the event that no such third party license agreements exist, the restrictions contained in this EULA shall apply.
- With respect to the Open Source Licenses, the following terms shall apply:
- You hereby acknowledge and agree that You will be licensing any Open Source Materials directly from the applicable Third Party Licensors, including the right to use such Third Party Materials in connection with the Software.
- In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this EULA, the provisions of the Open Source Licenses shall prevail.
- Restrictions under this EULA concerning modification, confidentiality and other provisions do not apply to such Open Source Materials.
- For the avoidance of doubt, with respect to all software components distributed under the LGPL and GPL Open Source License, the Software and any part thereof are "works that use the library" and are not "works based on the library" as such terms are defined in the LGPL and/or GPL.
- Certain Open Source Licenses may require the provision of the source code of the software.
- For now, the Software uses only the GPL and LGPL Free Open Source License published by the Free Software Foundation which are in the public domain, attached the GNU Copyright Notice:
This program is free software: you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation, either version 3 of the License, or (at your option) any later version.
This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.
See the GNU General Public License for more details: www.gnu.org/licenses.
We may provide You, from time to time, with Upgrades, Updates or Fixes, as detailed below at our sole discretion. You hereby warrant that You will keep the Software up-to-date and install all relevant Updates and Fixes, and may, at Your sole discretion, purchase Upgrades, according to the rates set by Us. We may provide Update or Fix free of charge; however, nothing in this EULA shall require Us to provide Updates or Fixes.
Upgrades: for the purpose of this EULA, an "Upgrade" shall be a material amendment in the Software, which contains new features and or major performance improvements and shall be marked as a new version number. For example, should You begin using Software under version 1.X.X, an Upgrade shall commence under number 2.0.0.
Updates: for the purpose of this EULA, an "Update" shall be a minor amendment in the Software, which may contain new features or minor improvements and shall be marked as a new sub-version number. For example, should You begin using the Software under version X.1.X, an Update shall commence under number X.2.0.
Fix: for the purpose of this EULA, a "Fix" shall be a minor amendment in Software, intended to remove bugs or alter minor features which impair the Software’s functionality. A Fix shall be marked as a new sub-sub-version number. For example, should You begin using the Software under version X.X.1, a Fix shall commence under number X.X.2.
The Software is provided on an AS-IS basis without any support, updates or maintenance. Nothing in this EULA shall require Us to provide You with support or fixes to any bug, failure, miss-performance or other defect in Software.
Third Party Content:
You might be provided with content by using our Website and/or Software. This content may include third parties' websites, advertisements or links for applications and any other software and/or services ("Third Party Content") and We do not warrant its quality or authenticity. We are not, nor shall We be, liable or responsible for any damage that might occur when You use and/or rely on Third Party Content and do not warrant that Third Party Content will be available or accurate.
You may provide Us with details regarding any bug, defect or failure in Software promptly and with no delay from such event; when doing so, and in order for Us to obtain information, You shall need to comply with Our reasonable requests for information regarding said bugs, defects or failures and furnish Us with information, screenshots and try to reproduce such bugs, defects or failures. You understand that while You provide us with this information, We are under no obligation to fix any such bugs, defects or Software failures.
To the full extent permitted under law, We are not and will not be liable for any damage, cost, expense or any other payment incurred by You as a result of any use of the Software, any Software failure, bugs and/or any other interaction between the Software and Your end-equipment, mobile devices, computers, other software or any third Party software, end-equipment, computer or services.
The Software is provided "AS-IS" without any warranty. We hereby disclaims any warranty that Software is error free, without defects or code which may cause damage to Your computer or to You, and that the Software shall be functional. You shall be solely liable to any damage, defect or loss incurred as a result of operating the Software and undertake the risks contained in running the Software on Your computer device.
You hereby state that that You inspected the Software thoroughly and found it satisfactory and adequate to Your needs, that it does not interfere with Your regular operation, and that it meets the standards and scope of Your computer systems and architecture.
You warrant that You inspected the Software and that it is adequate to Your needs. Accordingly, as Software is intangible goods, You shall not be, ever, entitled to any refund, rebate, compensation or restitution for any reason whatsoever, even if Software contains material flaws.
For information about our privacy policies please visit: vlc-plugin.com/privacy-policy.
We may amend, from time to time, this EULA and may, or may not, notify You of such amendment. Should You decide that any amendment of this EULA is unacceptable by You, You may, at Your terminate this EULA and Your use of the Software and Your user account (if applicable). In no event will this EULA have any retroactive impact over and You undertake to examine, from time to time, any amendments in this EULA.
We may, at our sole discretion, terminate this EULA, or any other service rendered by it due to any reason, for any user, including You, or with no reason at all or for any reason, including, without limitation, for lack of use or if We believes that You have violated or acted inconsistently with the understandings or spirit of this EULA. We may also, at our sole discretion, and at any time discontinue providing the Software and/or Services, or any part thereof, with or without notice. You agree that any termination of Your access to the Software under any provision of this EULA may be effected without prior notice, and acknowledge and agree that We may immediately deactivate or delete Your account (if applicable) and all related information and files in Your account (if applicable) and/or bar any further access to such files or the Software and/or Service. Furthermore, you agree that We shall not be liable to you or any third party for any termination of Your access to the Software and/or Services.
Entire Agreement, Waiver:
This EULA constitutes the entire understandings between parties and will only be amended from time to time. No waiver to perform any of our rights under this EULA shall constitute amendments of it.
Governing Law, Jurisdiction:
This EULA shall be exclusively governed by the laws of the State of New York excluding its conflict of law provisions and may be solely brought to the competent courts of New York City. You undertake not to initiate any class action, for any reason, against Us and to claim your damages only according to this EULA.