END-USER LICENSE AGREEMENT FOR Encode 4i (www.Encode4i.com) IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Thaddeus Clarke Jr. , for Thaddeus Clarke Jr.'s software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and Thaddeus Clarke Jr., (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.

 

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

 

1. GRANT OF LICENSE.

The SOFTWARE PRODUCT is licensed as follows:

 

(a) Installation and Use.

Thaddeus Clarke Jr. grants you the right to install and use copies of the SOFTWARE PRODUCT on your computer, solely for personal, non-commercial purposes only.

 

(b) Backup Copies.

You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.

 

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

 

(a) Maintenance of Copyright Notices.

You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.

 

(b) Distribution.

You may distribute copies of the SOFTWARE PRODUCT to third parties, provided that each copy shall be a true and complete copy, including all copyright and trademark notices, and shall be accompanied by a copy of and governed by the terms of this EULA. HOWEVER, You may not host or distribute the SOFTWARE PRODUCT on any website, or in any form of media without the express permission of Thaddeus Clarke Jr. You may link to the download page at http://www.encode4i.com/download.

 

You may not bundle, or integrate the software with any other products or services. A special exception applies to FFmpeg. You are permitted to bundle the FFmpeg program that is included in the SOFTWARE PRODUCT.

 

(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.

You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. A special exception applies to FFmpeg. You are permitted to reverse engineer the FFmpeg program that is included in SOFTWARE PRODUCT.

 

(d) Support Services.

Thaddeus Clarke Jr. may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.

 

(e) Compliance with Applicable Laws.

You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.

 

3. TERMINATION

Without prejudice to any other rights, Thaddeus Clarke Jr. may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession.

 

4. COPYRIGHT

All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by Thaddeus Clarke Jr. or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Thaddeus Clarke Jr.

 

5. NO WARRANTIES

Thaddeus Clarke Jr. expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Thaddeus Clarke Jr. does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. Thaddeus Clarke Jr. makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Thaddeus Clarke Jr. further expressly disclaims any warranty or representation to Authorized Users or to any third party.

 

6. LIMITATION OF LIABILITY

In no event shall Thaddeus Clarke Jr. be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the SOFTWARE PRODUCT, even if Thaddeus Clarke Jr. has been advised of the possibility of such damages. In no event will Thaddeus Clarke Jr. be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Thaddeus Clarke Jr. shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.

 

7. PRIVACY.

The Check For Update feature is designed to check for the availability of updates and enhancements for the SOFTWARE PRODUCT. When Check For Update checks for the availability of an update, basic information about the product version are sent anonymously to the ENCODE4i.com web server to determine whether any updates are available for download. This information is discarded after its intended use is served. Check For Update does not search for or send any personal information about yourself or your computer configuration during this process.

 

 

THIRD PARTY SOFTWARE COMPONENTS:

 

FFmpeg.exe which is included in the SOFTWARE PRODUCT is built under GPL v3. The FFmpeg project can be found at http://www.ffmpeg.org