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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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