You are on page 1of 7

DIVX, INC.

( Licensor ) LICENSE YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS (THE EULA ) BEFORE USING THIS SOFTWARE, THE USE OF WHICH IS LICENSED BY LICENSOR TO YOU, ITS CUSTOMER, FOR YOUR USE ONLY AS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THE EULA, DO NOT USE THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS". THERE ARE NO WARRANTIES UNDER THIS EULA, AND LICENSOR DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. ASSENT: By clicking I Agree below, or by opening the file package containing the Software, you agree that this EULA is a legally binding and valid contract, agree to abide by all of the terms and conditions of this EULA, and further agree to take all necessary steps to ensure that the terms and conditions of this EULA are not violated by any person or entity under your control or in your service. GRANT OF LICENSE: Licensor grants to you this personal, limited, non-exclusive, non-transferable, non-assignable license solely to use in a single copy of the Software on a single computer for use by a single concurrent user only, and solely provided that you adhere to all of the terms and conditions of this EULA. The Third-Party Software distributed along with the Software is distributed pursuant to the respective license grants accompanying such Third-Party Software. Software means computer software together with any related documentation (including design, systems and user) and other materials for use in connection with such computer software distributed pursuant to this EULA. Third-Party Software means Software created and licensed to you by a company other than DivX, Inc., which may be distributed and/or installed along with the Software distributed pursuant to this EULA. The foregoing is an express limited use license and not an assignment, sale, or other transfer of the Software or any Intellectual Property Rights (as defined below) of Licensor. RESTRICTIONS: (a) You are expressly prohibited from copying, modifying, merging, selling, leasing, redistributing, assigning, or transferring in any matter, the Software or any portion thereof. (b) You may take a single copy of materials within the package or otherwise related to the Software only as required for backup purposes. (c) You are expressly prohibited from reverse engineering, decompiling, translating, disassembling, deciphering, decrypting, or otherwise attempting to discover the source code of the Software as such Software contains proprietary material of Licensor. You may not otherwise modify, alter, adapt, port, or merge the Software. (d) You may not remove, alter, deface, overprint or

otherwise obscure Licensor patent, trademark, service mark or copyright notices. (e) You may not publish or distribute in any form of electronic or printed communication the materials within or otherwise related to the Software, including but not limited to the object code, documentation, help files, examples, and benchmarks. COMPLIANCE WITH LAWS: You agree that in obtaining, installing, distributing, running, or otherwise making use of the Software, you will abide by all applicable laws, including without limitation intellectual property laws and export control laws. OWNERSHIP OF SOFTWARE: The Licensor and/or its affiliates or subsidiaries own all rights that may exist from time to time in this or any other jurisdiction, whether foreign or domestic, under patent law, copyright law, publicity rights law, moral rights law, trade secret law, trademark law, unfair competition law or other similar protections, regardless of whether or not such rights or protections are registered or perfected (the "Intellectual Property Rights"), in the Software. ALL INTELLECTUAL PROPERTY RIGHTS IN AND TO THE SOFTWARE ARE AND SHALL REMAIN IN LICENSOR. mp3 Surround audio coding technology and patents licensed from Fraunhofer IIS, Agere and Thomson. TRIALS: Components included in the Software may be subject to trial periods for the purposes of evaluation prior to purchase. Trial periods may begin either upon installation, upon first use of a component, or as the user elects when prompted by a product or its subcomponents. Upon expiration of a trial period, the Software may cease to function or continue to operate with reduced functionality. Duration of trial periods is as marketed by Licensor, indicated during installation, specified in the Software documentation, or displayed on the Software GUI. PRODUCT REGISTRATION: Use of some components in the Software may be governed by product registration technology. Unregistered Software may be non-functional or subject to trials. During registration, a serial number will be issued to you by Licensor or its affiliates for one or more components. Upon entering a valid serial number for a component ( registering the component), the registered component will be released of its trial and/or non-functional limitations. You agree not to disclose any serial number issued to you to any third-party for any reason, except for the purposes of acquiring product support from Licensor or its affiliates. VERSION CHECKING: the Software will checking. During version, checking updates will be downloaded from our information will be communicated to affiliates during this process. perform version a list of potential servers. No personal Licensor or its

BANNERS: the Software will download product banners and/or similar marketing devices from our servers and display them

within the Software GUI. A message will be sent to our servers indicating that a banner or similar marketing device has been served. No personal information will be communicated to DivX, Inc. or its affiliates during this process. SOFTWARE INSTALLATION: Components bundled with the Software may report to Licensor and/or its affiliates the installation status of certain marketing offers, such as toolbars, and also generalized installation information, such as language preference and operating system version, to assist Licensor in its product development. No personal information will be communicated to DivX, Inc. or its affiliates during this process. Licensor may in the future offer additional components (such as a toolbar) through our version checking/update system. DIVX PLAYER INSTALLATION: During the installation of the DivX Player you may elect the option to send information about your computer system configuration to Licensor. This information is not personally identifiable and is used only to enhance the performance of the DivX Player on typical "DivX user" systems. MAILING SUBSCRIPTIONS: Components of the Software allow you to subscribe to Licensor s e-mail newsletter and additionally to subscribe to receive messages from our partners. If you subscribe to either of these services you will periodically receive e-mail messages from Licensor. Your email address will not be provided to any third parties. AFFILIATE OFFERS: During the installation process you may be offered software components on behalf of Licensor's affiliates. Such offers are optional and do not affect your use of the Software or your eligibility for trials and product registration. Installation and use of affiliate software is subject to the terms of use and privacy policy set by the affiliate for their products. MOZILLA FIREFOX: During the installation process you may be presented an affiliate offer for Mozilla Firefox. The Mozilla Firefox License is appended to our EULA. By accepting an offer to install Mozilla Firefox you agree to the terms and conditions of the Mozilla Firefox License. NO COMMERCIAL USE: This EULA grants you the right to use the Software for personal use only. Commercial use of the Software or of the work products resulting from its use is not permitted under this EULA. NO TRANSCODING: You are prohibited from using the Software with software or hardware products whose purpose is to "transcode" or convert DivX video or DivX Media Format content into an alternate format. NOTICES: USE OF THIS PRODUCT IN ANY MANNER THAT COMPLIES WITH THE MPEG 4 VISUAL STANDARD IS PROHIBITED, EXCEPT FOR USE BY A CONSUMER ENGAGING IN PERSONAL AND NON COMMERCIAL ACTIVITIES.

TERM: This EULA is effective until terminated. You may terminate this EULA at any time by uninstalling the Software and destroying all copies of the Software. Upon any termination, you agree to uninstall the Software and return or destroy all copies of the Software, any accompanying documentation, and all other associated materials. GOVERNING LAW: This EULA shall be governed by the laws of the State of California and by the laws of the United States, excluding their conflicts of law principles. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this License. WARRANTIES AND DISCLAIMER: EXCEPT TO THE EXTENT PROHIBITED AS A MATTER OF APPLICABLE LAW, OR AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN LICENSOR AND YOU, THE SOFTWARE IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT (i) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF THE SOFTWARE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, AND/OR (vi) YOU MAY USE, PRACTICE, EXECUTE, OR ACCESS THE SOFTWARE WITHOUT VIOLATING THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR MAY ONLY APPLY TO YOU IN PART. IF CALIFORNIA LAW IS NOT HELD TO APPLY TO THIS AGREEMENT FOR ANY REASON, THEN IN JURISDICTIONS WHERE WARRANTIES, GUARANTEES, REPRESENTATIONS, AND/OR CONDITIONS OF ANY TYPE MAY NOT BE DISCLAIMED, ANY SUCH WARRANTY, GUARANTEE, REPRESENATION AND/OR WARRANTY IS: (1) HEREBY LIMITED TO THE PERIOD OF EITHER (A) THIRTY (30) DAYS FROM THE DATE OF OPENING THE PACKAGE CONTAINING THE SOFTWAREOR (B) THE SHORTEST PERIOD ALLOWED BY LAW IN THE APPLICABLE JURISDICTION IF A THIRTY (30) DAY LIMITATION WOULD BE UNENFORCEABLE; AND (2) LICENSOR S SOLE LIABILITY FOR ANY BREACH OF ANY SUCH WARRANTY, GUARANTEE, REPRESENTATION, AND/OR CONDITION SHALL BE TO PROVIDE YOU WITH A NEW COPY OF THE SOFTWARE. IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT LICENSOR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SOFTWARE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT

APPLY TO YOU. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SEVERABILITY: In the event any provision of this EULA is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted therefore. ENTIRE AGREEMENT: This EULA sets forth the entire understanding and agreement between you and Licensor, supersedes all prior agreements, whether written or oral, with respect to the Software, and may be amended only in a writing signed by both parties. DivX, Inc. 4780 Eastgate Mall San Diego, California 92121 Dec 11, 2006 ------------------------MOZILLA FOUNDATION MOZILLA FIREFOX END-USER SOFTWARE LICENSE AGREEMENT Version 1.1 A SOURCE CODE VERSION OF CERTAIN FIREFOX BROWSER FUNCTIONALITY THAT YOU MAY USE, MODIFY AND DISTRIBUTE IS AVAILABLE TO YOU FREE-OF-CHARGE FROM WWW.MOZILLA.ORG UNDER THE MOZILLA PUBLIC LICENSE and other open source software licenses. The accompanying executable code version of Mozilla Firefox and related documentation (the "Product") is made available to you under the terms of this MOZILLA FIREFOX END-USER SOFTWARE LICENSE AGREEMENT (THE "AGREEMENT"). BY CLICKING THE "ACCEPT" BUTTON, OR BY INSTALLING OR USING THE MOZILLA FIREFOX BROWSER, YOU ARE CONSENTING TO BE BOUND BY THE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK THE "ACCEPT" BUTTON, AND DO NOT INSTALL OR USE ANY PART OF THE MOZILLA FIREFOX BROWSER. DURING THE MOZILLA FIREFOX INSTALLATION PROCESS, AND AT LATER TIMES, YOU MAY BE GIVEN THE OPTION OF INSTALLING ADDITIONAL COMPONENTS FROM THIRD-PARTY SOFTWARE PROVIDERS. THE INSTALLATION AND USE OF THOSE THIRD-PARTY COMPONENTS MAY BE GOVERNED BY ADDITIONAL LICENSE AGREEMENTS. 1. LICENSE GRANT. The Mozilla Corporation grants you a non-exclusive license to use the executable code version of the Product. This Agreement will also govern any software upgrades provided by Mozilla that replace and/or supplement the original Product, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern. 2. TERMINATION. If you breach this Agreement your right to use the Product will terminate immediately and without

notice, but all provisions of this Agreement except the License Grant (Paragraph 1) will survive termination and continue in effect. Upon termination, you must destroy all copies of the Product. 3. PROPRIETARY RIGHTS. Portions of the Product are available in source code form under the terms of the Mozilla Public License and other open source licenses (collectively, "Open Source Licenses") at http://www.mozilla.org. Nothing in this Agreement will be construed to limit any rights granted under the Open Source Licenses. Subject to the foregoing, Mozilla, for itself and on behalf of its licensors, hereby reserves all intellectual property rights in the Product, except for the rights expressly granted in this Agreement. You may not remove or alter any trademark, logo, copyright or other proprietary notice in or on the Product. This license does not grant you any right to use the trademarks, service marks or logos of Mozilla or its licensors. 4. DISCLAIMER OF WARRANTY. THE PRODUCT IS PROVIDED "AS IS" WITH ALL FAULTS. TO THE EXTENT PERMITTED BY LAW, MOZILLA AND MOZILLA'S DISTRIBUTORS, LICENSORS HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE PRODUCT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE AND NON-INFRINGING. YOU BEAR ENTIRE RISK AS TO SELECTING THE PRODUCT FOR YOUR PURPOSES AND AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU. 5. LIMITATION OF LIABILITY. EXCEPT AS REQUIRED BY LAW, MOZILLA AND ITS DISTRIBUTORS, DIRECTORS, LICENSORS, CONTRIBUTORS AND AGENTS (COLLECTIVELY, THE "MOZILLA GROUP") WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED. THE MOZILLA GROUP'S COLLECTIVE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE GREATER OF $500 (FIVE HUNDRED DOLLARS) AND THE FEES PAID BY YOU UNDER THIS LICENSE (IF ANY). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. 6. EXPORT CONTROLS. This license is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority relating to the Product and its use. 7. U.S. GOVERNMENT END-USERS. The Product is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial

computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995). Consistent with 48 C.F.R. 12.212, 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government End Users acquire the Product with only those rights as set forth herein. 8. MISCELLANEOUS. (a) This Agreement constitutes the entire agreement between Mozilla and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Mozilla. (b) Except to the extent applicable law, if any, provides otherwise, this Agreement will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. (c) This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (d) If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. (e) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. (f) Except as required by law, the controlling language of this Agreement is English. (g) You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms; the Mozilla Corporation may assign its rights under this Agreement without condition. (h) This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

You might also like