Mediathek - License Agreement

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Mediathek - The ULTIMATE Entertainment Library, personal belongings & Inventory manager

Software License Agreement
PLEASE READ CAREFULLY THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") WHICH IS EITHER ENCLOSED IN THE SOFTWARE PACKAGE AND/OR PRESENTED ELECTRONICALLY WHEN ACCESSING THE SOFTWARE. BY CLICKING THE "AGREE/ACCEPT" BUTTON, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, CLICK "DISAGREE/DECLINE" AND LEAVE THE SOFTWARE AND/OR ITS INSTALLATION PROGRAM.

1. Shareware & Freeware releases.
Mediathek Software is declined in two licensing models:

Mediathek FREEWARE release can be freely downloaded from http://www.faucourt.com web site, or can be found from some Software directories or free cdrom. Use of this software is not time limited nor restricted by usage counter, but many features are locked. This release can be used freely only as long as being in a strictly personal context without any lucrative activities, and only while restricted to manage direct end-user’s (physical person) own data / items / belongings, like his personal belongings or his own DVD collection...

Mediathek SHAREWARE licence must be acquired for (a) accessing all product features, for (b) professional activites whether lucrative or not, (c) usage with multiple users / simultaneous sessions and network uses as well as for (d) managing data that belongs to moral person / companies, like Associations, Clubs, Educational, Entreprise employees services / clubs, (multimedia) Librairies, Rental or lending clubs...

In case of any questions or doubts regarding usage type, license to acquire, or if your case is not described here before, please contact the product author at the email adress provided.

2. Permitted License Uses.
Mediathek Freeware release can be installed and used on one or several computers, while respecting the conditions enumerated at first paragraph for this kind of license (strictly personal context, no multiple users, no networks) and in the condition that one product instance is actually installed on each computer. This license mode is not applicable to multiple-users and/or network uses.

Acquiring the Shareware License allows you to install and use only one copy of the Software on a single computer at a time. This License does not allow the Software to exist on more than one computer at a time, and you may not make the Software available over a network where it could be used by multiple computers at the same time.

In the case of a network installation where several client systems / users have access to the software at the same time, or in the case of an emulation use (ie. Terminal Services, Citrix...), it is required to acquire as many Shareware licenses as there is client machines / sessions on which the software is used, whatever the using context. Freeware license can not be used in that context.

In case of using the software for managing data that belongs to moral person / company, the product author or any of its authorized reseller must be contacted to define the licensing conditions and pricing that applies depending on using context. Freeware license can not be used in that context.

3. Restrictions.
You may make one copy of the Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original.

You are not allowed not rent, lease, lend or sublicense the Software product, neither propose commercial hosting services to third parties using the Software product.

You may, however, make a one-time permanent transfer of all of your license rights to the Software to another party, provided that: (a) the transfer must include all of the Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Software reads and agrees to accept the terms and conditions of this License.

Shareware license key remains your strict property and can not be given, spreaded, communicated, neither transfered with the product. In case of transfering the product, the key will have to be destroyed.

Only the Freeware release can be copied and spreaded without medium limitation (internet, cdrom, magazines...), at the condition that the original software packaging has not been changed, altered in any way. Moreover, selling the Freeware release is stricly prohibited whatever the medium used.

You are not authorized to decompile, reverse engineer, dissassemble, modify the software, reduce the software to a human-perceivable form, or create derivative works of the Software or any part thereof.

4. Termination.
This License is effective until terminated. Your rights under this License will terminate automatically without notice if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Software and destroy all copies, full or partial, of the Software.

5. Support and future releases.
A direct electronic mail assistance is offered and accessible to any user, whatever the licensing mode.

The software is delivered "as is" and no upgrade nor modification will be started or done until the next version is released. However, any comment is welcome and can be sent to software author who will reserve the right to make requested enhancements or corrections for the next release of the product.

6. Disclaimer of Warranties.
You expressly acknowledge and agree that use of the software is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. The software is provided "as is", with all faults and without warranty of any kind. There is no warrant against interference with your enjoyment of the software, that the functions contained in the software will meet your requirements, that the operation of the software will be uninterrupted or error-free, or that defects in the software will be corrected. No oral or written information or advice given by the author or an authorized representative shall create a warranty.

7. Limitation of Liability.
In no event shall the author / seller of the software be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the software, however caused.

Moreover, Mediathek's author can not be responsible for any problem that could happen on the computer where Mediathek is installed, whether or not it is due to Mediathek, directly or not.

8. Complete Agreement.
This License constitutes the entire agreement between the parties with respect to the use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by the author. Any translation of this License is done for local requirements and in the event of a dispute between the French and any non-French versions, the French version of this License shall govern.

This Agreement will terminate automatically, without notice from the author, if the Licensee fails to comply with this Agreement. Licensees who fail to comply with this licence agreement will be prosecuted under the maximum extent requested by law.

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