ELECARD END USER LICENSE AGREEMENT
This End User License Agreement ("EULA") is a legal binding agreement between you (in case hereby you act as individual) or your employer (in case hereby you act as employee) and Elecard Ltd 1027000873569, a company duly incorporated under the laws of Russian Federation with its principal offices at 10/3 Akademicheskiy Ave., Tomsk, 634055, Russia ("Elecard"). In case you act as an employee, your employer hereby should be considered as proper licensee, even if you are the only person familiar with this EULA.
We recommend that you fully understand what you are installing before you install this Elecard’s Software that is conducting this EULA. “Elecard’s Software" means all of the contents of the files, disk(s), CD-ROM(s) or other media with which this EULA is provided, including but not limited to (i) Elecard’s or third party computer information or software; (ii) digital images, stock photographs, clip art, sounds or other artistic works; (iii) related explanatory written materials or files; and (iv) fonts. The conditions of this EULA apply to any update, upgrade or additional component added to the Elecard’s Software originally installed by you. In the case that these include a separate agreement, its conditions will be in addition to the conditions of this agreement, unless the separate agreement specifies that its conditions prevail over the original conditions, and there is no doubt that the new agreement was approved by Elecard.
In case you have any questions concerning this EULA or the Elecard’s Software and its installation, you may contact Elecard's support team at the address above, or by sending an E-mail to tsup@elecard.net.ru or visiting Elecard's website: http://www.elecard.com
1. GENERAL.
1.1. All intellectual property rights in the Elecard’s Software and related documentation, including, but not limited to trademarks, copyright and patents, remain in the hands of Elecard and is protected by copyright law and international copyright treaties. It is hereby stated that this EULA does not give you ownership over the Elecard’s Software, but merely permits you to use the Elecard’s Software.
1.2. The Elecard’s Software accompanying this EULA, regardless of the media on which it is distributed, is licensed to you by Elecard. Elecard reserves all rights and title concerning the Elecard’s Software, which hasn't been specifically awarded to you according to this EULA.
1.3. Upon acceptance of this EULA, Elecard authorizes you to download and to install one (1) copy of the Elecard’s Software. In case you wish to use multiple copies of the Elecard’s Software you must obtain additional licenses.
2. LICENSE AND RESTRICTIONS.
2.1. License. Evaluation version. In case of Elecard’s Software is not properly registered and/or activated, this EULA grants you the following rights:
2.1.1. Use – You may use each copy of Elecard’s Software solely for your internal evaluation, trial and testing purposes only on one (1) computer and maximum two (2) screens, attached to the computer the Elecard’s Software is installed on in strict compliance with the terms, stated below.
2.1.2. Copy for backup purposes – You may make one (1) copy of the Elecard’s Software in machine-readable form for backup purposes only. You must clearly state on such copy Elecard copyright notices and you must not transfer, sell, lease or lend such backup copy or use it for other purposes.
2.2. License. Registered version. ONLY IN CASE OF ELECARD’S SOFTWARE IS REGISTERED AND/OR ACTIVATED BY YOU OR YOUR PREDECESSOR (PREVIOUS END USER WHO HAS TRANSFERRED THE RIGHTS OF USING THE ELECARD’S SOFTWARE TO YOU), THIS EULA GRANTS YOU THE FOLLOWING RIGHTS:
2.2.1. Use – You may use each copy of Elecard’s Software solely for your personal, nonexclusive and noncommercial use on one (1) computer and maximum two (2) screens, attached to the computer the Elecard’s Software is installed on. In case you wish to use Elecard’s Software in commercial activity, you must obtain a special license from Elecard and until you obtain such license, your commercial use of Elecard’s Software is illegal and strictly prohibited. For the purpose of this EULA “Commercial use” of and “Commercial activity” with Elecard’s Software means any activity or use, primarily or secondarily intended to get any profit or benefits, in monetary form or any other form, from use of Elecard's Software in any possible manner, or from renting, leasing, sublicensing or authorizing all or any portion of the Elecard’s Software to be copied onto another users computer.
2.2.2. Copy for backup purposes – You may make one copy of the Elecard’s Software in machine-readable form for backup purposes only. You must clearly state on such copy Elecard copyright notices and you must not transfer, sell, lease or lend such backup copy or use it for other purposes.
2.2.3. Transferring of rights – Notwithstanding to the contrary in Section 2.4.4 you may transfer all your rights to use the Elecard’s Software to another person or legal entity provided that: (a) you also transfer each this EULA, the Elecard’s Software and all other software or hardware bundled or pre-installed with the Elecard’s Software, including all copies, updates and prior versions, and all copies of font software converted into other formats, to such person or entity; (b) you retain no copies, including backups and copies stored on a computer; (c) the receiving party accepts the terms and conditions of this EULA; (d) you present Elecard with confirmation of such acceptance; and (e) Elecard acknowledge the receiving party's confirmation of acceptance, your name and the name of the receiving party. The transfer may not be an indirect transfer, such as a consignment.
2.3. Restrictions. Evaluation version. In case of Elecard’s Software is not properly registered and/or activated, then in no event will your performance of your activities with Elecard’s Software be outside the scope and/or contrary to the Section 2.1, including, but not limited:
2.3.1. Subject to the terms and restrictions of Sections 2.4.1, 2.4.2, 2.4.3, 2.4.4, 2.4.5, 2.4.6, 2.4.7, 2.4.8 below you also may not use the Elecard’s Software for purposes, other than evaluation, trial and testing purposes as stated in Section 2.1.1 above.
2.4. Restrictions. Registered version. ONLY IN CASE OF ELECARD’S SOFTWARE IS REGISTERED AND/OR ACTIVATED BY YOU OR YOUR PREDECESSOR (PREVIOUS END USER WHO HAS TRANSFERRED THE RIGHTS OF USING THE ELECARD’S SOFTWARE TO YOU), then in no event will your performance of your activities with Elecard’s Software be outside the scope and/or contrary to the Section 2.2, including, but not limited:
2.4.1. You may not alter, merge, adapt or translate the Elecard’s Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Elecard’s Software to a human-perceivable form, including but not limited to source code.
2.4.2. You may not make any modifications to the Elecard’s Software other than those optional modifications given to you by the Elecard’s Software interface for your own purposes to customize or integrate specific features of your choice.
2.4.3. You may not make any copies of the Elecard’s Software or its related documentation for any purpose unless you fully comply with the conditions abovementioned regarding "Copy for backup purposes".
2.4.4. You may not sell, distribute, rent, lease, sublicense or authorize all or any portion of the Elecard’s Software to be copied onto another user’s computer.
2.4.5. The Elecard’s Software may include various applications, utilities and components, may support multiple platforms and languages and may be provided to you on multiple media or in multiple copies. Nevertheless, the Elecard’s Software is designed and provided to you as a single product to be used as a single product on computers. You are not required to use all component parts of the Software, but you may not unbundle the component parts of the Elecard’s software for use on different computers.
2.4.6. Elecard’s Software, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Elecard’s Software
2.4.7. In addition to any other condition or provision concerning jurisdiction or any other aspect of international law, you are also responsible for compliance with the laws of your local jurisdiction.
2.4.8. You agree that Elecard may audit your use of the Elecard’s Software for compliance with these terms at any time, upon reasonable notice. Elecard reserves its right to discontinue any Internet based services, which may be available to you in relation to the Elecard’s Software, at its sole discretion.
3. Use of VIA Licensing’s and MPEG-LA's Technologies. Registered version. ONLY IN CASE OF ELECARD’S SOFTWARE IS REGISTERED AND/OR ACTIVATED BY YOU OR YOUR PREDECESSOR (PREVIOUS END USER WHO HAS TRANSFERRED THE RIGHTS OF USING THE ELECARD’S SOFTWARE TO YOU) this Section is applied to you. Elecard’s Software may implement technology licensed by VIA Licensing Corporation (“VIA Licensing”) and\or MPEG LA, L.L.C Patent Portfolio License ("MPEG-LA"). You understand and agree that you use the Elecard’s Software that includes licensed components supplied with the Elecard’s Software and listed in the document “Release notes”, which is coming with your Elecard’s Software. Please see Release notes to understand what licensed filters are included in your Elecard’s Software. NO OTHER LICENSE IS GRANTED HEREUNDER TO UTILIZE THE VIA LICENSING’S OR MPEG-LA’S TECHNOLOGIES IN ANY PRODUCTS OTHER THAN FILTERS, INCLUDED IN YOUR ELECARD’S SOFTWARE AND INDICATED IN RELEASE NOTES. YOU UNDERSTAND AND AGREE THAT:
3.1. In case Elecard’s Software implements H.264 (AKA "AVC" or "MPEG-4 part 10") Encoder or Decoder, then this notice comes into force: THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE 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 WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM. NO OTHER LICENSE IS GRANTED HEREUNDER TO UTILIZE THE MPEG-LA’S TECHNOLOGIES IN ANY PRODUCTS OTHER THAN H.264 (AKA "AVC" OR "MPEG-4 PART 10") ENCODER OR DECODER SUPPLIED WITH THIS ELECARD SOFTWARE.
3.2. In case Elecard’s Software implements MPEG-2 Encoder, then this notice comes into force: ANY USE OF THIS PRODUCT OTHER THAT CONSUMER PERSONAL USE IN ANY MANNER THAT COMPLIES WITH THE MPEG-2 STANDART 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, SUITE 300, DENVER, COLORADO 80206.
3.3. In case Elecard’s Software implements MPEG-4 Visual Decoder and Encoder, then this notice comes into force: 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 NON-COMMERCIAL 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. NO OTHER LICENSE IS GRANTED HEREUNDER TO UTILIZE THE MPEG-LA’S TECHNOLOGIES IN ANY PRODUCTS OTHER THAN MPEG-4 VISUAL ENCODER OR DECODER SUPPLIED WITH THIS ELECARD’S SOFTWARE.
3.4. In case Elecard’s Software implements MPEG-4 Systems Encoder then, this notice comes into force: THIS PRODUCT IS LICENSED UNDER THE MPEG-4 SYSTEMS PATENT PORTFOLIO LICENSE FOR ENCODING IN COMPLIANCE WITH THE MPEG-4 SYSTEMS STANDARD, EXCEPT THAT AN ADDITIONAL LICENSE AND PAYMENT OF ROYALTIES ARE NECESSARY FOR ENCODING IN CONNECTION WITH (i) DATA STORED OR REPLICATED IN PHYSICAL MEDIA WHICH IS PAID FOR ON A TITLE BY TITLE BASIS AND/OR (ii) DATA WHICH IS PAID FOR ON A TITLE BY TITLE BASIS AND IS TRANSMITTED TO AN END USER FOR PERMANENT STORAGE AND/OR USE. SUCH ADDITIONAL LICENSE MAY BE OBTAINED FROM MPEG LA, LLC. SEE <HTTP://WWW.MPEGLA.COM> FOR ADDITIONAL DETAILS. NO OTHER LICENSE IS GRANTED HEREUNDER TO UTILIZE THE MPEG-LA’S TECHNOLOGIES IN ANY PRODUCTS OTHER THAN MPEG-4 SYSTEMS ENCODER SUPPLIED WITH THIS ELECARD’S SOFTWARE.
3.5. In case Elecard’s Software includes Elecard H.264/AVC CODECs YOU MAY NOT USE THEM WITH ANY OTHER PROGRAMS, EXCEPT GIVEN ELECARD’S SOFTWARE.
4. TERMINATION.
4.1. Termination. Evaluation version. In case of Elecard’s Software is not properly registered and/or activated by you, this EULA and, accordingly, use of Elecard’s Software shall terminate immediately without notice from Elecard upon the expiration of 21 calendar days from installation of Elecard’s Software on your computer (Evaluation period). In this case you must delete or destroy the Elecard’s Software, the backup copy, related documentation and all copies thereof. As of the moment of this termination, you may no longer reuse the Elecard’s Software for any purpose without registration of the Elecard’s Software.
4.2. Termination. Registered version. ONLY IN CASE OF ELECARD’S SOFTWARE IS REGISTERED AND/OR ACTIVATED BY YOU OR YOUR PREDECESSOR (PREVIOUS END USER WHO HAS TRANSFERRED THE RIGHTS OF USING THE ELECARD’S SOFTWARE TO YOU), then Elecard may terminate this EULA only in the event you break any provision under this EULA and also you may terminate the EULA at any time at your sole discretion. In these cases you must delete or destroy the Elecard’s Software, the backup copy, related documentation and all copies thereof without the refund of the amounts paid you for Elecard's Software. As of the moment of their termination, you may no longer reuse the Elecard’s Software for any purpose without current registration of the Elecard’s Software.
5. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
5.1. THE ELECARD’S SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ELECARD, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. ELECARD MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE ELECARD’S SOFTWARE OR PROVIDED ON OR THROUGH THE USE OF THE ELECARD’S SOFTWARE. ELECARD DOES NOT MAKE ANY WARRANTY THAT THE ELECARD’S SOFTWARE OR ITS USE SATISFIES ANY GOVERNMENT REGULATIONS. SHOULD THE ELECARD’S SOFTWARE PROVE DEFECTIVE, YOU (AND NOT ELECARD OR AN ELECARD AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
5.2. IN NO EVENT SHALL ELECARD, ITS LICENSORS, ITS DIRECTORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE ELECARD WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM THE USE, MISUSE OR INABILITY TO USE THE ELECARD’S SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ELECARD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
6. INDEMNITY.
6.1. You agree to defend, indemnify and hold Elecard, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Elecard’s Software in a manner that violates or is alleged to violate these EULA or any statutory and non statutory regulations applicable to you.
6.2. Elecard shall provide notice to you promptly of any such claim, suit, or proceeding, and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit, or proceeding.
7. MISCELLANEOUS.
7.1. This EULA shall be construed in accordance with and governed by the law of Russia.
7.2. This EULA constitutes the entire agreement between you and Elecard with respect to the use of the Elecard’s Software and it supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. This Section may be excluded by your written agreement with Elecard. Special rules may apply to the use of certain Elecard’s Software, which is listed in Elecard's website and are incorporated into these EULA by reference.
7.3. During the installation process of the Elecard’s Software, you may be required to submit information concerning yourself including, but not limited to, your name, address, phone number and E-mail address. You herby declare that according to this agreement, you allow Elecard to collect this information, or any other information concerning you which was obtained by Elecard during normal business activity, and which may be deemed private in nature. Elecard may keep this information for statistic and office purposes as well as for future contact with you. Elecard will not redistribute or provide to any third party personally-identifiable information collected in this process, unless ordered to do so by an authorized third party, such as the court.
Your use of the Elecard's Software, as defined above, signifies your approval and acceptance to these terms and conditions contained in this EULA. If you do not agree to the terms and conditions of this EULA, you are not authorized to use the Elecard's Software in any way, including but not limited to downloading, installing or copying Elecard Software.
Version 25.11.2005
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