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End User License Agreement

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.

1. Definitions

  1. "Agreement" means this End User License Agreement document
  2. "Videora Holdings" means Videora Holdings, along with its subsidiaries and affiliated companies.
  3. "Software" means the Videora Software program and related programs, along with corresponding documentation, associated media, printed materials, and electronic or online documentation ("Documentation").
  4. "Press Version" means a version of the Software, so identified, to be used to review, demonstrate and evaluate the Software by members of the press, only.
  5. "Trial Version" means a version, so identified, of the Software to be used only to review, demonstrate and evaluate the Software. The Trial Version will have limited features.

2. License Grants

  1. Videora Holdings grants you limited rights to use the Software. Videora Holdings grants you a non-transferable, non-exclusive license to use the Software on a single dedicated desktop computer. Notwithstanding any contrary clause or stipulation contained herein, you may not use the Software on any other computing device other than a single computer.
  2. Software may be used for personal, non-commercial use only. Commercial entities must purchase an enterprise license to use the Software. Videora Holdings will be the sole arbiter as-to what constitutes commercial activities.
  3. You may make one copy of the Software in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software.
  4. Any rights granted to you under this Agreement shall be automatically terminated if you fail to comply with any provision of this Agreement. Upon such termination, you shall cease all use of all Software. Further, you shall delete the Software and destroy all tangible copies of the Software and other materials related to the Software in your possession or under your control.
  5. You agree that Videora Holdings may audit your use of the Software for compliance with these terms at any time, upon reasonable notice. In the event that such audit reveals any use of the Software by you other than in full compliance with the terms of this Agreement, you shall reimburse Videora Holdings for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance.

3. Restrictions

  1. You may not (and may not permit other persons or entities to) make or distribute copies of the Software, or transfer the Software from one hardware product or medium to another hardware product or medium through a network or by any other means.
  2. You may not (and may not permit other persons or entities to) alter, modify, translate, decompile, disassemble, reverse engineer, or otherwise reduce the Software to a human-perceivable form.
  3. You may not (and may not permit other persons or entities to) rent, lease, assign, sublicense, sell, or otherwise transfer the Software or this agreement. Any attempt to do so shall be void and of no effect.
  4. You may not modify, resell for profit, distribute, or create derivative works based upon the Software or any part thereof.
  5. You may not (and may not permit other persons or entities to) remove or obscure Videora Holdings's copyright, trademark, or other proprietary notices or legends from any of the materials contained in the Software package that you are downloading.
  6. Press Versions may not be used for, or distributed to any party and may only be used to review and evaluate the Software.
  7. You may only use the Trial Version of the Software to review and evaluate the Software.
  8. You may not use the Software to develop any application having the same primary function as the Software.
  9. You may not use the Trial Version of the Software for a purpose other than the sole purpose of determining whether to purchase a full license of the software.
  10. You may not advertise, offering to sell any goods or services, or attempting to drive traffic to a unauthorized third party web site through the software.
  11. You may not violate any applicable laws or regulations, including any patent, trademark, trade secret, copyright, or other proprietary rights of a third party.
  12. In the event that you fail to comply with this Agreement, Videora Holdings may terminate the license and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this Agreement surviving any such termination).

4. Upgrades

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.

5. Ownership

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.

This Software is provided by Videora Holdings 'As Is'. Videora Holdings makes no representations or warranties of any kind. Any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed to the full extent permitted by applicable law. Videora Holdings has no control over any information or data sent or received through any BitTorrent link, public or private, accessible through the Software. Videora Holdings makes no guarantees as to such information and data. You acknowledge that content obtained through any BitTorrent link in no way implies endorsement or liability by Videora Holdings. Videora Holdings, its parents, subsidiaries, affiliates, successors, officers, directors and employees, shall not, directly or indirectly, be liable, in any way, to you or any other person for the information or data you receive using the Software. If you are dissatisfied with any portion of the Software, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Software.

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.

10. General

This Agreement shall be construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.