3ivx Technologies Pty. Ltd.
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY. BY DOWNLOADING, INSTALLING OR USING THE 3IVX SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE, UNDERSTAND THE LICENSE AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
IMPORTANT NOTE: This software may be used to reproduce materials. It is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material, you should contact your legal advisor.
1. General. The software and documentation accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the "3ivx Software") are licensed, not sold, to you by 3ivx Technologies Pty. Ltd. ("3ivx") for use only under the terms of this License, and 3ivx reserves all rights not expressly granted to you. The rights granted herein are limited to 3ivx's and its licensors' intellectual property rights in the 3ivx Software and do not include any other patents or intellectual property rights. The rights granted under the terms of this License include any software upgrades that replace and/or supplement the original 3ivx Software product, unless such upgrade contains a separate license.
2. Permitted License Uses and Restrictions. This License allows you to install and use one copy of the 3ivx Software on a single computer at a time. This License does not allow the 3ivx Software to exist on more than one computer at a time, and you may not make the 3ivx Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the 3ivx Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the 3ivx Software or any part thereof. THE 3IVX SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE 3IVX SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
3. Transfer. You may not rent, lease, lend or sublicense the 3ivx Software.
Updates: If a 3ivx Software update completely replaces a previously licensed version of the 3ivx Software, you may not use both versions of the 3ivx Software at the same time nor may you transfer them separately.
Personal Use: Notwithstanding other sections of this License, the 3ivx Software provided to you may only be used for personal converting / viewing of media and video files and may not be resold or transferred.
4. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from 3ivx if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the 3ivx Software and destroy all copies, full or partial, of the 3ivx Software.
5. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE 3IVX SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE 3IVX SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND 3IVX AND 3IVX'S LICENSORS (COLLECTIVELY REFERRED TO AS "3IVX" FOR THE PURPOSES OF SECTIONS 5 AND 6) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE 3IVX SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. 3IVX DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE 3IVX SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE 3IVX SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE 3IVX SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE 3IVX SOFTWARE WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE, OR THAT DEFECTS IN THE 3IVX SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY 3IVX OR A 3IVX AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. By using DivX Doctor II, you acknowledge that 3ivx makes no representations or warranties with regard to the appropriateness of the content converted using DivX Doctor II. 3ivx does not guarantee the sequence, accuracy, completeness or timeliness of the content converted using DivX Doctor II. 3ivx, its officers, affiliates and subsidiaries shall not, directly or indirectly, be liable, in any way, to you or any other person for the content converted using DivX Doctor II or for any inaccuracies, errors in or omissions from the content.
6. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL 3IVX BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE 3IVX SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF 3IVX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall 3ivx's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty australian dollars (AUD $50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
8. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the 3ivx Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by 3ivx. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.