Conditions of Use HD Video Media - by Art4HD...
Video Media License Agreement
ART4HD IS WILLING TO LICENSE THIS VIDEO TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. This is a legal agreement between you (either an individual end-user or an entity) and Art4HD ("Agreement"). By using this Video, you are agreeing to be bound by the terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, promptly return the Video (USB device or Media Player) and other items that are part of this product in their original package with your sales receipt to your point of purchase for a full refund, or if you have downloaded this Video from a Art4HD web site, then you must stop using the Video and destroy any copies of the Video in your possession or control.
1. Grant of Agreement. Subject to the terms and conditions of this Agreement, Art4HD and its suppliers grant to you a nonexclusive license to use one copy of the Video and any documentation accompanying this Agreement ("Video") on one viewing screen only with the Art4HD product you have purchased. No other rights are granted.
You may NOT make any backup copy of the Video.
Installation on a Video server or multi video network server for the sole purpose of your internal video screen viewing of the Video is permitted only if you have purchased an individual Video license for each video screen or networked video display to which the Video is distributed.
2. Restrictions. The Video is copyrighted material, trade secrets, and other proprietary materials of Art4HD and its licensors. You agree that in order to protect those proprietary materials, except as expressly permitted by applicable law, neither you nor a third party will: (i) decompile, disassemble or reverse engineer the Video; (ii) modify or create derivative works of the Video; (iii) use the Video in any manner to provide service bureau, commercial time-sharing or other computer services to third parties; (iv) transmit the Video or provide its functionality, in whole or in part, over the Internet or other network (except as expressly permitted above); or (v) sell, distribute, rent, lease, sublicense or otherwise transfer the Video to a third party, except upon a permanent transfer of the Art4HD product using the Video; provided that: (a) all Video updates are included in the transfer, (b) you do not retain a copy of the Video, and (c) the transferee agrees to be bound by the terms and conditions in this Agreement.
3. Ownership. The Video is licensed, not sold, to you for use only under the terms and conditions of this Agreement, and Art4HD reserves all rights not expressly granted to you in this Agreement. Art4HD and/or its licensors retain title to the Video, and all intellectual property rights therein.
4. Termination. This Agreement is effective until terminated. Upon any violation of any of the provisions of this Agreement, rights to use the Video shall automatically terminate and the Video must be returned to Art4HD or all copies of the Video destroyed. You may also terminate this Agreement at any time by destroying all copies of the Video in your possession or control. If Art4HD makes a request via public announcement, or press release, or letter to stop using the copies of the Video, you will comply immediately with this request. The provisions of paragraphs 3, 7 and 8 will survive any termination of this Agreement.
5. Limited Product Warranty. Art4HD warrants to you that the Video will substantially conform to its published documentation and the media containing the Video shall be free from defects in material, each for a period of ninety (90) days from the date of purchase. Art4HD's limited warranty is nontransferable and is limited to the original purchaser. This warranty gives you specific legal rights, and you may also have other rights which vary under local laws.
6. Remedies. Art4HD's entire liability and your exclusive remedy for any breach of warranty shall be, at Art4HD's option, to: (a) repair or replace the Video or media, provided that the Video or media is returned to the point of purchase or such other place as Art4HD may direct, with a copy of the sales receipt, or (b) refund the price paid. Any replacement Video or media will be warranted for the remainder of the original warranty period or thirty (30) days,whichever is longer. These remedies are void if failure of the Video or media has resulted from accident, abuse, or misapplication.
7. DISCLAIMER OF WARRANTY. THE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT REPLACE ALL OTHER WARRANTIES. Art4HD AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS WITH RESPECT TO THE Video OR MEDIA, AND ANY WARRANTIES OF NON-INTERFERENCE OR ACCURACY OF INFORMATIONAL CONTENT. NO Art4HD DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS WARRANTY. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
8. LIMITATION OF LIABILITY. IN NO EVENT WILL Art4HD OR ITS SUPPLIERS BE LIABLE FOR ANY COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS, LOSS OF INFORMATION OR DATA, OR ANY OTHER SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING IN ANY WAY OUT OF THE SALE OF, USE OF, OR INABILITY TO USE ANY Art4HD PRODUCT OR SERVICE, EVEN IF Art4HD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL Art4HD'S AND ITS SUPPLIERS' TOTAL LIABILITY EXCEED THE ACTUAL MONEY PAID FOR THE Art4HD PRODUCT OR SERVICE GIVING RISE TO THE LIABILITY. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. The above limitations will not apply in case of personal injury where and to the extent that applicable law requires such liability.
9. U.S. Government Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988) FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. Art4HD Inc. West Palm Beach, FL 33406.
10. Export Law Assurances. You agree and certify that neither the Video nor any other technical data received from Art4HD will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. If you have rightfully obtained the Video outside of the United States, you agree that you will not re-export the Video nor any other technical data received from Art4HD, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the Video.
11. Agents and Third Party Purchasers. If you are acquiring the Video on behalf of another person or entity, you represent and warrant that you have the authority to bind the party or entity for which you are acquiring the Video to the terms and conditions of this Agreement.
12. General Terms and Conditions. This Agreement will be governed by and construed in accordance with the laws of the United States and the State of Florida, without regard to or application of its choice of law rules or principles. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement constitutes the entire agreement between the parties with respect to the use of the Video and supersedes all prior or contemporaneous understandings, communications or agreements, written or oral, regarding such subject matter. Art4HD may, in its sole discretion, modify portions of this Agreement at any time. Art4HD may notify you of any changes by posting notice of such modifications on Art4HD's web site(s) or sending notice via e-mail, postal mail or other means. Your continued use of the Video following notice of such modifications shall be deemed to be your acceptance of any such modifications to the Agreement. If you do not agree to any such modifications, you must immediately stop using the Video and destroy all copies of the Video in your possession or control.
The Video is protected by United States copyright law and international treaty. Unauthorized reproduction or distribution of the Video is subject to civil and criminal penalties.
© 2009 Art4HD. All rights reserved.
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Copyright Art 4 HD, Inc. www.art4hd.com
