End User License Agreement

IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND AFFIANCE GROUP LIMITED ("FINALCUTFORWINDOWS.COM"). USE OF THE SOFTWARE PROVIDED WITH THIS EULA (THE "SOFTWARE") CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL AND/OR USE THIS SOFTWARE. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA.

1. LICENSE GRANT. The Software is licensed on per computer basis, not per user, site or company. For example, if a person uses 2 computers, to install and use the Software on every computer, the person must purchase 2 licenses. "User" means the company, entity or individual whose funds are used to pay the license fee. "Use" means storing, loading, installing, executing or displaying the Software. You may not modify the Software or disable any licensing or control features of the Software except as an intended part of the Software programming features. This license is not transferable to any other system, or to another organization or individual.

2. TRIAL and REGISTRATION. You are granted the right to use the Software without registration solely for the purposes of evaluating the performance of the Software for a period of no more than thirty (30) days. In addition, watermark is laid upon the processed video when using a trial copy of the Software. To remove the restrictions of the trial copy, you have to register it with FINALCUTFORWINDOWS.COM in accordance to the terms laid out in the registration information which can be found in the documentation accompanying the Software. You are expected to use the Software on your system and to thoroughly evaluate its usefulness and functionality before making a purchase. This "try before you buy" approach is the ultimate guarantee that the Software will perform to your satisfaction.

3. OWNERSHIP. The Software is owned and copyrighted by FINALCUTFORWINDOWS.COM. Your license confers no title or ownership in the Software and should not be construed as a sale of any right in the Software.

4. COPYRIGHT. The Software and all rights, without limitation including proprietary rights therein, are owned by FINALCUTFORWINDOWS.COM or its suppliers and are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of FINALCUTFORWINDOWS.COM and you will not acquire any rights to the Software except as expressly set forth in this license. You agree that any copies of the Software will contain the same proprietary notices which appear on and in the Software.

5. REVERSE ENGINEERING. You agree that you will not attempt to reverse compile, modify, translate, or disassemble the Software in whole or in part.

6. NO OTHER WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FINALCUTFORWINDOWS.COM DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
The Software automatically references, displays, links to and provides web services related to sites and information located worldwide throughout the Internet. Because FINALCUTFORWINDOWS.COM has no control over such sites and information, FINALCUTFORWINDOWS.COM makes no guarantees as to such sites and information, including but not limited to: (a) the accuracy, availability, sequence completeness, currency, content, validity or quality of any such sites and information, or (b) whether they may locate unintended or objectionable content. By using the Software, you acknowledge that FINALCUTFORWINDOWS.COM makes no representations or warranties with regard to any sites or information displayed by or accessed though the Software.

7. THIRD PARTY ACKNOWLEDGMENTS. Portions of the Software may utilize or include third party software and other copyrighted material. The use of such material is governed by their respective terms. Certain software libraries and other third party software included with the Software are free software and licensed under the terms of the GNU Library Lesser General Public License (LGPL). You may obtain a complete machine-readable copy of the source code for such free software under the terms of the LGPL without charge except for the cost of media, shipping and handling, upon written request to FINALCUTFORWINDOWS.COM. The LGPL software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS OF PURPOSE.

MPEG-2 Notice. To the extent that the Software contains MPEG-2 functionality, the following provision applies: ANY USE OF THE PRODUCT OTHER THAN CONSUMER PERSONAL USE IN ANY MANNER THAT COMPLIES WITH THE MPEG-2 STANDARD FOR ENCODING VIDEO INFORMATION FOR PACKAGED MEDIA IS EXPRESSLY PROHIBITED WITHOUT A LICENSE UNDER APPLICABLE PATENTS IN THE MPEG-2 PATENT PORTFOLIO, WHICH LICENSE IS AVAILABLE FROM MPEG LA,L.L.C, 250 STEELE STREET, SUITE 300, DENVER, COLORADO 80206.

Use of MPEG-4. To the extent that the Software contains MPEG-4 functionality, the following provision applies: THIS PRODUCT IS LICENSED UNDER THE MPEG-4 VISUAL PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER FOR (i) ENCODING VIDEO IN COMPLIANCE
WITH THE MPEG-4 VISUAL STANDARD ("MPEG-4 VIDEO") AND/OR (ii) DECODING MPEG-4 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NONCOMMERCIAL
ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED BY MPEG LA TO PROVIDE
MPEG-4 VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION INCLUDING THAT RELATING TO PROMOTIONAL, INTERNAL AND COMMERCIAL USES AND LICENSING MAY BE OBTAINED FROM MPEG LA, LLC. SEE HTTP://WWW.MPEGLA.COM.

H.264/AVC Notice. To the extent that the Software contains AVC encoding and/or decoding functionality, commercial use of tH.264/AVC requires additional licensing and the following provision applies: THE AVC FUNCTIONALITY IN THIS PRODUCT IS LICENSED HEREIN ONLY FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO: (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD ("AVC VIDEO") AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR AVC VIDEO THAT WAS OBTAINED FORM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C. SEE HTTP://WWW.MPEGLA.COM.

AMR Notice. To the extent that the Software contains AMR encoding and decoding functionality, the following provision applies: The Adaptive Multi-Rate ("AMR") encoding and decoding functionality in this product is not licensed to perform cellular voice calls, or for use in any telephony products built on the QuickTime architecture for the Windows platform. The AMR encoding and decoding functionality in this product is also not licensed for use in a cellular communications infrastructure including: vase stations, base station controllers/radio network controllers, switching centers, and gateways to and from the public switched network.

MPEG Layer-3 Notice. To the extent that the Software contains MPEG Layer-3 encoding and decoding functionality, the following provision applies: Supply of this product does not convey a license nor imply any right to distribute MPEG Layer-3 compliant content created with this product in revenue-generating broadcast systems (terrestrial, satellite, cable and/or other distribution channels), streaming applications (via Internet, intranets and/or other networks), other content distribution systems (pay-audio or audio-on- demand applications and the like) or on physical media (compact discs, digital versatile discs, semiconductor chips, hard drives, memory cards and the like). An independent license for such use is required. For details, please visit http://mp3licensing.com.

VP6DecLib. To the extent that the Software utilizes VP6DecLib, the following provision applies: VP6DecLib is derived from FFmpeg sources. FFmpeg is a trademark of Fabrice Bellard (originator of the FFmpeg project - FFmpeg project, http://ffmpeg.mplayerhq.hu) VP6DecLib is licensed under the Lesser GNU Lesser General Public License. GNU Lesser General Public, Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA and you can distribute it and/or modify it under the terms of such license.

8. YOUR INFORMATION and FINALCUTFORWINDOWS.COM'S PRIVACY POLICY

8.1 Privacy Policy. The personal information you provide to FINALCUTFORWINDOWS.COM during the ordering and registration process is used for FINALCUTFORWINDOWS.COM's internal purposes only. FINALCUTFORWINDOWS.COM uses the information it collects to learn what you like and to improve the Software. Except as otherwise expressly permitted by this EULA or as otherwise authorized by you, FINALCUTFORWINDOWS.COM will not give any of your personal information to any third party without your express approval except as reasonably required by law, as authorized by this provision or as necessary to protect FINALCUTFORWINDOWS.COM, its agents and other Participants. FINALCUTFORWINDOWS.COM can (and you authorize FINALCUTFORWINDOWS.COM to) disclose any information about you to private entities, law enforcement agencies or government officials, as FINALCUTFORWINDOWS.COM, in its sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law.

8.2 Standard Marketing. FINALCUTFORWINDOWS.COM reserves the right to identify you to the public as a customer of FINALCUTFORWINDOWS.COM and use your name and credentials in an appropriate and acceptable manner for standard marketing promotions. Acceptable and standard marketing promotions include but are not limited to: Client listings, case studies, press releases, surveys, interviews, reputable business publications, television and web site presentation and promotion etc. Nothing contained in this Section 8.2 shall be construed as an obligation by you to disclose any of your proprietary or confidential information to any third party. In addition, you may opt-out from this Section 8.2 by writing an opt-out request to FINALCUTFORWINDOWS.COM at support@FINALCUTFORWINDOWS.COM

8.3 Email Communication. You agree that FINALCUTFORWINDOWS.COM may communicate with you via email and any similar technology for any purpose relating to the Software, other FINALCUTFORWINDOWS.COM products and any services or software which may in the future be provided by FINALCUTFORWINDOWS.COM or on FINALCUTFORWINDOWS.COM's behalf. If you do not want to receive communication from FINALCUTFORWINDOWS.COM, you can unsubscribe at any time following the instructions contained in any email received from FINALCUTFORWINDOWS.COM or by writing an opt-out request to FINALCUTFORWINDOWS.COM at support@FINALCUTFORWINDOWS.COM>.

9. SEVERABILITY. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.

10. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL FINALCUTFORWINDOWS.COM OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF FINALCUTFORWINDOWS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FINALCUTFORWINDOWS.COM's LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.

11. GENERAL PROVISION. This is the entire agreement between you and FINALCUTFORWINDOWS.COM, which supersedes any prior agreement or understanding, whether written, or oral, relating to the subject matter of this EULA. If any part of this EULA is found void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms. This EULA shall automatically terminate upon failure by you to comply with its terms. FINALCUTFORWINDOWS.COM, on its sole discretion, may modify this EULA in writing at any time.