Movavi Software End User License Agreement
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND MOVAVI SOFTWARE LIMITED ("MOVAVI.COM"). USE OF THE SOFTWARE PROVIDED WITH THIS EULA (THE "SOFTWARE") CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL AND/OR USE THIS SOFTWARE. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA.
1. LICENSE GRANT. The Software is licensed on per computer basis, not per user, site or company. For example, if a person uses 2 computers, to install and use the Software on every computer, the person must purchase 2 licenses. "User" means the company, entity or individual whose funds are used to pay the license fee. "Use" means storing, loading, installing, executing or displaying the Software. You may not modify the Software or disable any licensing or control features of the Software except as an intended part of the Software programming features. This license is not transferable to any other system, or to another organization or individual.
2. TRIAL and REGISTRATION. You are granted the right to use the Software without registration solely for the purposes of evaluating the performance of the Software for a period of no more than thirty (30) days. In addition, watermark is laid upon the processed video when using a trial copy of the Software. To remove the restrictions of the trial copy, you have to register it with Movavi.com in accordance to the terms laid out in the registration information which can be found in the documentation accompanying the Software. You are expected to use the Software on your system and to thoroughly evaluate its usefulness and functionality before making a purchase. This "try before you buy" approach is the ultimate guarantee that the Software will perform to your satisfaction.
3. COMMERCIAL USE.
Commercial use is permitted only by users of business versions of the Software. Commercial use means any use of the Software, including embodied materials, primarily intended for or otherwise directed towards commercial advantage or monetary compensation.
Versions of the Software intended for private use as well as trial versions may not be used for commercial purposes, with only the following exception: use of any version of the Software to make videos for monetization on YouTube or similar services shall not constitute breach of this agreement as long as the description attached to such videos includes a statement to the effect that the video was created in the Software and includes a link to https://www.movavi.com/.
NOTE: notwithstanding the foregoing, use of the Software by government agencies, non-profit organizations or educational institutions shall not be deemed commercial. Movavi provides special pricing for educational organizations. To qualify for educational pricing, you must complete and submit the form at https://www.movavi.com/edu/.
4. OWNERSHIP. The Software is owned and copyrighted by Movavi.com. Your license confers no title or ownership in the Software and should not be construed as a sale of any right in the Software.
5. COPYRIGHT. The Software and all rights, without limitation including proprietary rights therein, are owned by Movavi.com or its suppliers and are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of Movavi.com and you will not acquire any rights to the Software except as expressly set forth in this license. You agree that any copies of the Software will contain the same proprietary notices which appear on and in the Software.
6. REVERSE ENGINEERING. You agree that you will not attempt to reverse compile, modify, translate, or disassemble the Software in whole or in part.
7. NO OTHER WARRANTIES. THE SOFTWARE IS
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MOVAVI.COM
DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG
AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM
JURISDICTION TO JURISDICTION.
The Software automatically references, displays, links to and provides web services related to sites and information located worldwide throughout the Internet. Because Movavi.com has no control over such sites and information, Movavi.com makes no guarantees as to such sites and information, including but not limited to: (a) the accuracy, availability, sequence completeness, currency, content, validity or quality of any such sites and information, or (b) whether they may locate unintended or objectionable content. By using the Software, you acknowledge that Movavi.com makes no representations or warranties with regard to any sites or information displayed by or accessed though the Software.
8. THIRD PARTY ACKNOWLEDGMENTS. Portions of the Software may utilize or include third party software and other copyrighted material. The use of such material is governed by their respective terms. Certain software libraries and other third party software included with the Software are free software and licensed under the terms of the GNU Library Lesser General Public License (LGPL). You may obtain a complete machine-readable copy of the source code for such free software under the terms of the LGPL without charge except for the cost of media, shipping and handling, upon written request to Movavi.com. The LGPL software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS OF PURPOSE.
MPEG-2 Notice. To the extent that the Software contains MPEG-2 functionality, the following provision applies: ANY USE OF THE PRODUCT OTHER THAN CONSUMER PERSONAL USE IN ANY MANNER THAT COMPLIES WITH THE MPEG-2 STANDARD FOR ENCODING VIDEO INFORMATION FOR PACKAGED MEDIA IS EXPRESSLY PROHIBITED WITHOUT A LICENSE UNDER APPLICABLE PATENTS IN THE MPEG-2 PATENT PORTFOLIO, WHICH LICENSE IS AVAILABLE FROM MPEG LA,L.L.C, 250 STEELE STREET, SUITE 300, DENVER, COLORADO 80206.
Use of MPEG-4. To the extent that the
Software contains MPEG-4 functionality, the following provision
applies: THIS PRODUCT IS LICENSED UNDER THE
MPEG-4 VISUAL PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND
NON-COMMERCIAL USE OF A CONSUMER FOR (i) ENCODING VIDEO IN
WITH THE MPEG-4 VISUAL STANDARD ("MPEG-4 VIDEO") AND/OR (ii) DECODING MPEG-4 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NONCOMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED BY MPEG LA TO PROVIDE
MPEG-4 VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION INCLUDING THAT RELATING TO PROMOTIONAL, INTERNAL AND COMMERCIAL USES AND LICENSING MAY BE OBTAINED FROM MPEG LA, LLC. SEE HTTP://WWW.MPEGLA.COM.
H.264/AVC Notice. To the extent that the Software contains AVC encoding and/or decoding functionality, commercial use of H.264/AVC requires additional licensing and the following provision applies: THE AVC FUNCTIONALITY IN THIS PRODUCT IS LICENSED HEREIN ONLY FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO: (i) ENCODE VIDEO IN COMPLIANCE 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 AVC VIDEO THAT WAS OBTAINED FORM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C. SEE HTTP://WWW.MPEGLA.COM.
AMR Notice. To the extent that the Software contains AMR encoding and decoding functionality, the following provision applies: The Adaptive Multi-Rate ("AMR") encoding and decoding functionality in this product is not licensed to perform cellular voice calls, or for use in any telephony products built on the QuickTime architecture for the Windows platform. The AMR encoding and decoding functionality in this product is also not licensed for use in a cellular communications infrastructure including: vase stations, base station controllers/radio network controllers, switching centers, and gateways to and from the public switched network.
MP3 Notice. MPEG Layer-3 audio coding technology licensed from Fraunhofer IIS and Thomson Licensing.
Supply of this product does not convey a license nor imply any right to distribute MPEG Layer-3 compliant content created with this product in revenue-generating broadcast systems (terrestrial, satellite, cable and/or other distribution channels), streaming applications (via Internet, intranets and/or other networks), other content distribution systems (pay-audio or audio-on- demand applications and the like) or on physical media (compact discs, digital versatile discs, semiconductor chips, hard drives, memory cards and the like). An independent license for such use is required. For details, please visit http://mp3licensing.com.
"FREE LIMITED SOFTWARE CODECS" means LICENSED SOFTWARE CODECS which: (i) have the limitation that the MP3 FUNCTIONALITY to encode audio data files ceases (a) after processing a maximum of 20 (twenty) audio data files, or (b) after a maximum of 30 (thirty) days after installation; and (ii) are distributed, free of charge to end users, to promote LICENSED SOFTWARE CODECS that are not FREE LIMITED SOFTWARE CODECS.
No royalty shall be due for FREE LIMITED SOFTWARE CODECS, provided that LICENSEE, LICENSEE'S AFFILIATES and/or any third party authorized by LICENSEE and/or LICENSEE'S AFFILIATES will use commercially reasonable efforts to stimulate users of FREE LIMITED SOFTWARE CODECS to upgrade to LICENSED SOFTWARE CODECS that are not FREE LIMITED SOFTWARE CODECS.
FFmpeg Notice. The Software utilizes the FFmpeg video application and its included libraries. FFmpeg is a trademark of Fabrice Bellard (originator of the FFmpeg project - FFmpeg project, http://www.ffmpeg.org) licensed under the Lesser GNU Lesser General Public License 2.1. GNU Lesser General Public, Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA and you can distribute it and/or modify it under the terms of such license.
Qt® Notice. The Software uses Qt Toolkit and its included libraries under the terms of GNU Lesser General Public License 2.1. Qt is a registered trade mark of Digia Plc and/or its subsidiaries and is used pursuant to a license from Digia Plc and/or its subsidiaries. See http://qt-project.org/ for additional details.
Google-Glog Notice. The Software uses the glog library and its components under the terms of the Modified 3-Clause BSD License. Copyright© 2008, Google Inc. The full text of the BSD license can be found at http://opensource.org/licenses/BSD-3-Clause
Boost Notice. The Software uses Boost software libraries under the terms of the terms of the Boost 1.0 License. Copyright Beman Dawes, David Abrahams, 1998-2005, Rene Rivera 2004-2007. The full text of the license can be found at http://www.boost.org/LICENSE_1_0.txt
9.2 Standard Marketing. Movavi.com reserves the right to identify you to the public as a customer of Movavi.com and use your name and credentials in an appropriate and acceptable manner for standard marketing promotions. Acceptable and standard marketing promotions include but are not limited to: Client listings, case studies, press releases, surveys, interviews, reputable business publications, television and web site presentation and promotion etc. Nothing contained in this Section 9.2 shall be construed as an obligation by you to disclose any of your proprietary or confidential information to any third party. In addition, you may opt-out from this Section 9.2 by writing an opt-out request to Movavi.com at email@example.com
9.3 Email Communication. You agree that Movavi.com may communicate with you via email or any other means, including automatic displaying of advertisements, for any purpose relating to the Software, other Movavi.com products, or any services or software which may in the future be provided by Movavi.com or on Movavi.com's behalf. You also agree that Movavi.com may share your information with third parties to perform such communications on Movavi.com's behalf. If you do not want to receive communication from Movavi.com, you can unsubscribe at any time by following the instructions contained in any email received from Movavi.com or by submitting an opt-out request to Movavi.com at firstname.lastname@example.org.
9.4 Consent to Use of Data. You hereby allow the SOFTWARE to collect and send non-personal usage statistics to MOVAVI.COM. The collected data includes, but is not limited to: program preferences, user interface interaction frequency, and computer configuration. The data will be stored by MOVAVI.COM and used solely for development purposes. You may later opt out of data collection in SOFTWARE preferences.
10. SEVERABILITY. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.
11. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL MOVAVI.COM OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF MOVAVI.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MOVAVI.COM's LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
12. GENERAL PROVISION. This is the entire agreement between you and Movavi.com, which supersedes any prior agreement or understanding, whether written, or oral, relating to the subject matter of this EULA. If any part of this EULA is found void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms. This EULA shall automatically terminate upon failure by you to comply with its terms. Movavi.com, on its sole discretion, may modify this EULA in writing at any time.