IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND COMPANY ("OPEN MEDIA LLC"). 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 user basis. "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. OWNERSHIP. The Software is owned and copyrighted by Open Media LLC. Your license confers no title or ownership in the Software and should not be construed as a sale of any right in the Software.
3. SOFTWARE COPYRIGHT. The Software and all rights, without limitation including proprietary rights therein, are owned by Open Media LLC 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 Open Media LLC 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.
4. "PRO" VERSION. That which is established in this clause will only be applied to users of the "pro" version of the software. Open Media LLC. declares that the "pro" version of this software offers the following characteristics:
5. CONTENT COPYRIGHT AND OWNERSHIP. You agree that the owners, employees and volunteers of the Company are not responsible for any loss or damages which may result from your illegal use of images, video clips or music files. Make sure that you have the right to use the images, video clips and music files you upload to the service. The Company claims no intellectual property rights over the content you upload, create or provide to the Service.
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. OPEN MEDIA LLC 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.
9. 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.
10. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL OPEN MEDIA LLC 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 OPEN MEDIA LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OPEN MEDIA LLC's LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
11. GENERAL PROVISION. This is the entire agreement between you and Open Media LLC, 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. Open Media LLC, on its sole discretion, may modify this EULA in writing at any time.