Terms of Sale: DH_Subtitle 2
Final Cut 4-7 Plug-in NOT COMPATIBLE WITH FCPX
DIGITAL HEAVEN FINAL CUT PLUG-INS END USER LICENSE AGREEMENT (EULA) ================================== 1. DEFINITIONS. Unless stated otherwise "you" (and "your") means the individual or legal entity to whom this license is granted, "we" (also "us", "our") means Digital Heaven Ltd., copyright owners and licensors of the software, and "the software" or "our software" means the computer software known as "Digital Heaven Final Cut Plug-ins", together with any associated computer files and documentation, whether in physical or electronic form. 2. THIS AGREEMENT. a) By downloading, installing, copying or using the software on any computer you agree to be bound by the terms of this license agreement, which both grants you rights and imposes obligations upon you. If you disagree with any of the terms of this agreement then you must immediately stop using the software and destroy all copies of the software in your possession or on your machines. b) This license agreement supersedes any or all previous versions of this license. By downloading or installing new versions of the software or by continuing to use the software after you receive a copy of this new license you agree to be bound by any new or altered terms in this license. 3. GRANT OF LICENSE: a) If you purchase a license to use the software from us, or one of our authorised distributors or agents, then we will supply you with an official software serial number and thereby grant you a license to use the software in accordance with the terms of this agreement. b) Unless we explicitly grant you further licenses and except as provided below, you may install and use one copy of the software on one desktop computer and one laptop computer as long as both computers are owned and used by you. You may only use the software on one computer at any one time. You may transfer a license from one computer to another by removing the software from the old computer before installing it on the new one. 4. COPYRIGHT: The software and its constituent files and documentation are copyrighted and you may not copy the software or any part of the software except as explicitly stated in this agreement. You are permitted to install the software on one computer system hard disk, as specified under the terms of this license, and also to make copies of the software for backup purposes. 5. RESTRICTIONS: a) Any serial numbers or other codes that we supply to you for use with the software are confidential and personal to you. Any computer files created by the software and containing details of your codes are similarly covered and may not be copied or revealed to anyone else. You agree to keep all such codes confidential and not permit their use other than under the conditions permitted by this agreement. If you intentionally reveal or allow these codes to be used by anyone who is not entitled to use them then we may hold you liable for any losses that we suffer as a result. b) Except as expressly permitted in this license agreement you may not rent, lease, transfer or sub-license the software without our written agreement and without imposing similar obligations to those contained in this license on the recipient. The software is licensed to you, not sold, and we reserve all rights not explicitly granted to you in this license. We and/or our licensors retain title to the software and all intellectual property rights therein. c) You agree that the internal workings of the software and any computer files provided as part of the software are confidential trade secrets of the copyright owner. You agree not to make any attempt to disassemble, decompile, or reverse engineer the software or any of its constituent parts. If you acquire knowledge about the internal workings of the software or any other related trade secrets you agree not to distribute, disseminate or publish any such information without our written agreement. You recognise that trade secrets are protected by law in many jurisdictions and infringement of these conditions (even for "personal" use) may be a criminal offence punishable by law. Any attempts at circumventing or defeating any license protection mechanisms in the software or knowingly using registration codes which were not issued or authorised by us for your use are expressly prohibited by this agreement and may constitute a serious criminal offence in many jurisdictions, punishable by fines and/or imprisonment. 6. TERMINATION: We may terminate this license at any time at our sole discretion by giving you notice in writing and refunding any license fees that you may have paid for the software. A breach by you of any of the terms of this license will immediately terminate the license and no refund will be due. You may terminate the license by deleting, destroying or returning all copies of the software in your possession and any registration codes that may have been issued to you. Any obligations made on you under this agreement not to reveal or distribute confidential or copyrighted information, including but not limited to registration codes or trade secrets related to the internal workings of the software, survive termination of this license. 7. NO WARRANTIES: THE SOFTWARE IS PROVIDED STRICTLY "AS IS" WITH NO WARRANTY OR GUARANTEE OF ANY KIND GIVEN. TO THE MAXIMUM EXTENT PERMISSABLE BY LAW DIGITAL HEAVEN LTD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. 8. LIABILITY AND CONSEQUENTIAL DAMAGES: IN NO EVENT SHALL DIGITAL HEAVEN LTD, ITS AGENTS OR DISTRIBUTORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF INFORMATION, INTERRUPTION OF BUSINESS OR ANY OTHER PECUNIARY LOSS OR CONSEQUENTIAL LOSS) ARISING FROM THE INSTALLATION, EVALUATION, OR USE (OR INABILITY TO USE) THE SOFTWARE, HOWEVER SUCH A LOSS MAY BE INCURRED. 9. APPLICABLE LAW: This agreement is governed by English law. If any provision of this license agreement or portion thereof is found to be unenforceable you agree to be bound by the remainder of this license agreement.
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