Please read this End User License Agreement carefully before proceeding. This is a legal Agreement betwen you and Videora Holdings. This Agreement provides a license to use the Software and contains warranty and liability disclaimers. By installing and using the Software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, then Videora Holdings is unwilling to license the Software to you, and you should not use the Software.
2. License Grants
If this copy of the Software is an upgrade from an earlier version of the Software, it is provided to you on a license exchange basis. You agree by your installation and use of such copy of the Software to voluntarily terminate your earlier Agreement and that you will not continue to use the earlier version of the Software or transfer it to another person or entity.
The foregoing license gives you limited license to use the Software. You do not become the owner of the Software and Videora Holdings retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software (as an independent work and as an underlying work serving as a basis for any application you may develop), and all copies thereof. All rights not specifically granted in this Agreemnet, including Federal and International Copyrights, are reserved by Videora.
6. Disclaimer of warranties and of technical support
Videora Holdings provides no remedies or warranties, whether express or implied, for any press version and trial version of the software. The Press Version and Trial Version are provided on an "AS IS" basis, without any technical support or warranty of any kind from Videora Holdings. including, without limitation, a warranty of merchantability, fitness for a particular purpose and non-infringement.
The Software may contain technical inaccuracies or typographical errors. Accordingly, changes and/or updates may be affected without notice to you. Videora Holdings may also make improvements and/or other changes to the Software at any time without notice to you. You acknowledge that Videora Holdings may from time to time issue upgraded versions of the Software, and may automatically electronically upgrade the version of the Software that you are using on your computer. You consent to such automatic upgrading, and agree that the terms and conditions of this Agreement (as may be amended from time to time by notices posted on the Videora web site) will apply to all such upgraded versions.
7. Limitation of damages
In no event shall Videora Holdings or its parents, subsidiaries, affiliates, successors, officers, directors and employees be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this Software, even if advised of the possibility of such damage. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you. The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the bargain between Videora Holdings and you. You agree that Videora Holdings would not be able to provide the Software on an economic basis without such limitations.
8. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND
Software distributed to or on behalf of the United States of America, its agencies or instrumentalities ("U.S. Government") is provided with "RESTRICTED RIGHTS". Use, duplication or disclosure of Software by the U.S. Government is subject to the restrictions in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or subparagraphs (c) (1) and (2) of the Commercial Computer Software - Restricted Rights at 48CFR52.227-19, as amended or applicable, or such other applicable rules and regulations.
9. Third-Party Software
The Software may contain third-party software which requires notices and/or additional terms and conditions. By accepting this EULA, you are also accepting the additional terms and conditions, if any, set forth therein.
The Software contains a number of icons, which are licensed under LGPL and are copyrighted by David Vignoni.
This Agreement shall be construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.