License Agreement
Please read the following LG Software
Innovations END-USER LICENSE AGREEMENT.
IMPORTANT-READ CAREFULLY: This End-User
License Agreement ("EULA") is a legal agreement between you
(either an individual or a single entity) and Licenser (LG
Software Innovations) for the use of computer software produced
by Licenser. By installing, copying, or otherwise using the
software, you agree to be bound by the terms of this EULA. If
you do not agree to the terms of this EULA, do not install, copy
or use the software.
This software uses a DVD writing engine
(only for burning) which is licensed from VSO Software. VSO has
initiated a new online reporting system to gather information
about DVD writers and blank media to improve the writing engine.
This information will also help you to choose the best media for
your DVD writer. This feature is enabled by default and will
send DVD media statistics via internet each time a DVD is
burned. A mechanism is provided to disable this feature and is
outlined in the application’s user guide.
1. DEFINITIONS
The definition of terms set forth in
this Section, shall apply when such terms are used in this
Agreement, and any amendments hereto:
IMPROVEMENTS: shall mean correction of
any faults. These faults are in fact very complex and may be
impossible to correct within the current state of the art. It is
not therefore possible for Licenser to promise any systematic
corrections. Licenser undertakes to note all desirable
improvements and to produce new versions improving when possible
extraction faults which have been established.
SPECIFICATIONS: shall mean the
functional performance parameters of the Licensed Program
effective on the date of this Agreement.
BUGS: shall mean all serious defects
preventing the normal utilization of the computer engine, for
instance, reading a DVD and the system hangs. Correction of a
bug leads to updating the Licensed Program.
2. SOFTWARE LICENSE. Subject to the
provisions contained herein, Licenser grants you a
non-exclusive, non transferable license to use the object code
version of the software on a single computer, free of charge for
a limited time to produce a limited number of DVD copies. If you
use this software beyond the evaluation period, you must
purchase a license to use the software. You will receive a
registration ID by email following your purchase, which you may
use to register and unlock the software.
For a period of one (1) year Licenser agrees to provide free
software updates (if and when they become available) of the
software purchased (which does not include titles by another
name) via internet download. You may renew your license annually
(you are required to pay a license renewal fee) to obtain an
additional year of free software updates. You are not obliged to
renew your license to continue using the software after your
license is expired, but you must renew your license if you wish
to update the software. Technical support is provided free of
charge, but Licenser reserves the right to limit or cease
technical support to any user at any time.
3. LIMITATIONS. You may not (1) permit
other individuals to use the Software except under the terms
listed above; (2) modify, translate, reverse engineer,
decompile, disassemble (except to the extent applicable laws
specifically prohibit such restriction), or create derivative
works based on the Software; (3) copy the Software other than as
specified above; (4) publish or provide any results of benchmark
tests run on the Software to a third party without LG Software
Innovation’s prior written consent; (5) rent, lease, grant a
security interest in, or otherwise transfer rights to the
Software; or (6) remove any copyright, trademark, proprietary
rights, disclaimer or warning notice included on or embedded in
any part of the Software; and (7) sell, license, sublicense,
rent or otherwise transfer the Software.
4. TITLE. Title and ownership of all
proprietary rights in the Software, including any copyright,
patent, trade secret, trademark, trade name or other
intellectual property right, will at all times remain the
property of Licenser. You agree not to remove or obliterate any
copyright, trademark or proprietary rights notices of Licenser
from the Software. Title and related rights in the content
accessed through the Software is the property of the applicable
content owner and may be protected by applicable law. This
license gives you no rights to such content.
5. LIMITED WARRANTY AND LIABILITY
During the trail period, Licenser shall
not be liable under any circumstances or for any damages
suffered by you or any user. The entire risk as to the quality
and performance of the software is born by you. Should the
software prove defective, you and not Licenser assume the entire
cost of any service and repair. In addition, the security
mechanisms implemented by Licenser have inherent limitations,
and you must determine that the software sufficiently meets your
requirements. This disclaimer of warranty constitutes an
essential part of this agreement.
If you have purchased a license to use
the software, Licenser warrants that for a period of ninety (90)
days from the date of acquisition, the software, if operated as
directed, will substantially achieve the specifications
described in the online documentation. Licenser does not warrant
that the operation of the software will be error free. Licenser
shall make its best efforts to correct any bugs revealed by
licensee in a reasonable time, provided the bug appears within
ninety (90) days following acquisition of the licensed program.
The licensee agrees that Licenser may not necessarily succeed in
improving the extraction process and as a result, Licenser
cannot bear any liability for not doing so.
6. TERMINATION. This License will
terminate automatically if you fail to comply with the
limitations described above. On termination, you must destroy
all copies of the software. The obligations of you and Licenser
under Sections 3 ("Title"), 4 ("Limited Warranty and
Liability"), 5 ("Termination") and 7("General Provisions")
hereof will survive termination of this EULA and will continue
in full force and effect thereafter.
7. EXPORT CONTROL
You may not download or otherwise export
or re-export the Software or any underlying information or
technology except in full compliance with all United States and
other applicable laws and regulations. In particular, but
without limitation, none of the Software or underlying
information or technology may be downloaded or otherwise
exported or re-exported (i) into (or to a national or resident
of) Cuba, Haiti, Iraq, Libya, Yugoslavia, North Korea, Iran,
Syria or any other country to which the US has embargoed goods;
or (ii) to anyone on the US Treasury Department's list of
Specially Designated Nationals or the US Commerce Department's
Table of Denial Orders. By downloading the Software, you are
agreeing to the foregoing and you are representing and
warranting that you are not located in, under control of, or a
national or resident of any such country or on any such list.
8. GENERAL PROVISIONS. This License is
personal to you and you agree not to assign your rights in this
agreement. This EULA is governed by Canadian law. Any disputes,
claims or controversies between the parties, which arise in
connection with this agreement, shall be finally settled by one
or more arbitrators appointed and acting under the rules for
Arbitration of the International Chamber of Commerce in force as
from January 1, 1998.
The sole arbitrator or the President of
the Arbitration Tribunal shall be a lawyer and a citizen of
Canada. Arbitration shall take place in Quebec Canada.
If any provision of this EULA is held
invalid or unenforceable for any reason, the parties agree that
such invalidity will not affect the validity of the remaining
provisions of this EULA, and further agree to substitute for the
invalid provision a valid provision that most closely
approximates the intent and economic effect of the invalid
provision. This EULA constitutes the entire agreement between
you and Licenser and supersedes any prior agreement, whether
oral or written, relating to the subject matter of this EULA.
Should you have any questions concerning
this EULA, please write to sales@lgsi.com
Copyright 2002-2006 Licenser. All rights
reserved.
Do you accept all of the terms of the
preceding License Agreement? If you choose No, install will
close. To install you must accept this agreement. |