Terms (End User License Agreement)
PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE USING THE SOFTWARE (AS DEFINED BELOW). THIS IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND HDvidCodec by Coolmirage Ltd. BY ASSENTING ELECTRONICALLY, INSTALLING OR USING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not agree with the terms and conditions of this Agreement, do not continue the installation process and delete or destroy all copies of the Software in your possession. This Agreement accompanies certain software (including any upgrades or updates thereto as provided by HDvidCodec, the "Software") and related explanatory written materials (the "Documentation").1. License
HDvidCodec grants to you a non-exclusive perpetual license to use the Software and the Documentation for so long as HDvidCodec makes the Software available, provided that you agree to the terms and conditions of this Agreement.2. Permitted Use of the Software
You may install and use the Software on an unlimited number of computers. The Software must be used exclusively by you or members of your household solely for private non-commercial purposes. You may also make one backup copy of the Software.
ANY USE OF THE SOFTWARE OTHER THAN AS EXPRESSLY AUTHORIZED BY THIS SECTION OR ANY RESALE OR FURTHER DISTRIBUTION OF THE SOFTWARE CONSTITUTES A MATERIAL BREACH OF THIS AGREEMENT AND MAY VIOLATE APPLICABLE COPYRIGHT LAWS.3. Upgrades and Updates
Upgrades and updates of the Software shall be provided to you by HDVID Plugin as long as and to the extent in which HDVID Plugin in its exclusive discretion makes such upgrades and updates available to the users of the free version of the Software.4. Ownership Rights
The Software and Documentation is the intellectual property of HDVID Plugin and is protected by applicable copyright laws, international treaty provisions and other applicable laws of the country in which the Software is being used. The structure, organization and code of the Software are valuable trade secrets and confidential information of HDVID Plugin. To the extent you provide any comments or suggestions about the Software to HDVID Plugin, HDVID Plugin shall have the right to retain and use any such comments or suggestions in our current or future products or services, without further compensation to you and without your approval of such retention or use.
Except as stated in this Agreement, your possession, installation and use of the Software does not grant you any rights or title to any intellectual property rights in the Software or Documentation. All rights to the Software and Documentation, including all associated copyrights, patents, trade secret rights, trademarks and other intellectual property rights, are reserved by HDVID Plugin.5. Restrictions
You may not copy or use the Software or the Documentation except as set forth in Section 2 of this Agreement. You may not remove any proprietary notices or labels on the Software; any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on and in the Software. You agree not to modify, adapt, translate, reverse engineer, decompile or disassemble the Software or otherwise attempt to discover the source code of the Software or algorithms contained therein or create any derivative works from the Software. You are not permitted to use the Software in connection with the provision of any commercial services which include processing or transferring the data of or for other persons or entities ("Data"), including cloud computing and "Software as a Service" solutions, providing storage capacities for Data; transmitting, routing of or providing connection to Data, or providing information search tool services. You may not permit third parties to benefit from the use or functionality of the Software via a timesharing, service bureau or other similar arrangement.6. Transfer
You may not rent, lease, sub-license, or lend the Software or the Documentation or any portions thereof. You may, however, transfer all your rights to use the Software and the Documentation to another person provided that (i) the transferee accepts the terms of this Agreement; (ii) you transfer the Software, including all copies, updates and prior versions, and all Documentation to such person; and (iii) you retain no copies of the Software or of the Documentation, including but not limited to copies stored on your computer. Partial transfer of your rights under this Agreement is strictly prohibited.7. Disclaimers and Exclusion of Liability
Be aware that the Software may make changes to your computer that may adversely affect its functionality. You acknowledge and agree to such changes to your computer that may occur as a result of your use of the Software. The Software is not fault-tolerant and as such is not designed for use in hazardous environments requiring fail-safe performance.
HDVID Plugin AND ITS DISTRIBUTORS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE REMEDY IN THIS SECTION STATES THE SOLE AND EXCLUSIVE REMEDIES FOR HDVID Plugin'S OR ITS DISTRIBUTORSí OR AGENTSí BREACH OF WARRANTY. THE SOFTWARE IS PROVIDED "AS IS" AND HDVID Plugin AND ITS DISTRIBUTORS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISCLAIM ANY AND ALL CONDITIONS AND WARRANTIES IMPLIED BY STATUTE, COMMON LAW OR JURISPRUDENCE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SUITABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE AND ACCEPT THAT, TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT WILL HDVID Plugin OR ITS DISTRIBUTORS OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES, ESPECIALLY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR LOST DATA, EVEN IF HDVID Plugin OR ITS DISTRIBUTOR OR AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. TO THE FULL EXTENT PERMITTED BY LAW, YOU AGREE AND ACCEPT THAT IN NO CASE SHALL HDVID Plugin OR ITS DISTRIBUTORSí OR AGENTSí LIABILITY FOR ANY DAMAGE EXCEED THE LESSER OF FIVE U.S. DOLLARS ($5.00) OR THE AMOUNT OF THE ONE YEAR LICENSE FEE FOR HDVID Plugin COMMERCIAL PRODUCT CLOSEST TO YOUR FREE VERSION OF THE SOFTWARE. THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY OF HDVID Plugin AND ITS DISTRIBUTORS DO NOT LIMIT POTENTIAL LIABILITY FOR DEATH, PERSONAL INJURY OR FRAUD OVER THE EXTENT PERMITTED BY APPLICABLE LAWS.8. Privacy; Processing of Personal Information
The Software automatically and from time to time may collect certain information, which may include personally identifiable information, from the computer on which it is installed, including:
This Software and Documentation are deemed to be "commercial computer software" and "commercial computer software documentation", respectively, and subject to certain restricted rights as identified in FAR Section 52.227-19 "Commercial Computer Software - Restricted Rights" and DFARS 227.7202, "Rights in Commercial Computer Software or Commercial Computer Software Documentation", as applicable, or any successor U.S. regulations. Any use, modification, reproduction, release, performance, display or disclosure of the Software by the U.S. Government shall be done solely in accordance with this Agreement.10. Export Regulations 11. Governing Law and Jurisdiction 12. General
The Widdit browser app displays unbiased, independent search suggestions and tools when typing into any search box on the web. To enable this functionality Widdit interacts with your search activity, and adds the Widdit suggestions menu to websites you search on.
This Agreement is the entire agreement between you and HDVID Plugin relating to the Software and Documentation. This Agreement supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Software or Documentation. Notwithstanding the foregoing, nothing in this Agreement will diminish any rights you may have under existing consumer protection legislation or other applicable laws in your jurisdiction that may not be waived by contract. This Agreement will immediately terminate upon your breach of any obligation contained herein (especially your obligations in Sections 2, 5, 10) and you shall cease use and destroy all copies of the Software and Documentation in your possession. HDVID Plugin reserves the right to any other remedies available under law in the event your breach of this Agreement adversely affects HDVID Plugin or its distributors or agents. The limitations of liability and disclaimers of warranty and damages contained herein shall survive termination of this Agreement. This Agreement may be modified by the Documentation. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by HDVID Plugin. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If you have any questions regarding this Agreement or wish to request any information from HDVID Plugin, please write to