FREEWARE LICENSE
END-USER LICENSE AGREEMENT
For Elmedia Player
By Eltima Software
NOTICE TO USER:
Please, read this carefully. By using all or any portion of the Software you accept all the terms and conditions of this Agreement. If you do not agree, do not use this Software.
1. DEFINITIONS
When used in this Agreement, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:
“Licensor” means Eltima Software.
“Licensee” means You or Your Company, unless otherwise indicated.
“Software” means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to ((i) registration information, i.e. License key which is unique for a registration name of the Licensee; (ii) related explanatory written materials or files (“Documentation”); and (iii) Software setup files and code samples (if any); and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by Eltima Software (collectively, “Updates”).
“Use” or “Using” means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation.
“System” means Mac OS X or any virtual machine.
2. GENERAL USE
You are granted a non-exclusive License to Use the downloaded Software for any purposes for an unlimited period of time.
The software product under this License is provided free of charge. Even though a license fee is not paid for the use of such software, it does not mean that there are no conditions for using such software.
2.1. The Software may be installed and Used by the Licensee for any legal purpose.
2.2. The Software may be installed and Used by the Licensee on any number of systems.
2.3. The Software can be copied and distributed under the condition that original copyright notice and disclaimer of warranty will stay intact and the Licensee will not charge money or fees for the Software product, except to cover distribution costs.
2.4. The Licensee will not have any proprietary rights in and to the Software. The Licensee acknowledges and agrees that the Licensor retains all copyrights and other proprietary rights in and to the Software.
2.5 Use within the scope of this License is free of charge and no royalty or licensing fees shall be paid by the Licensee.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 This License does not transmit any intellectual rights on the Software. The Software and any copies that the Licensee is authorized by the Licensor to make are the intellectual property of and are owned by the Licensor.
3.2 The Software is protected by copyright, including without limitation by Copyright Law and international treaty provisions.
3.3 Any copies that the Licensee is permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software.
3.4 The structure, organization and code of the Software are the valuable trade secrets and confidential information of the Licensor. The Licensee agrees not to decompile, disassemble or otherwise attempt to discover the source code of the Software.
3.5 Any attempts to reverse-engineer, copy, clone, modify or alter in any way the installer program without the Licensor’s specific approval are strictly prohibited. The Licensee is not authorized to use any plug-in or enhancement that permits to save modifications to a file with software licensed and distributed by the Licensor.
3.6 Trademarks shall be used in accordance with accepted trademark practice, including identification of trademarks owners’ names. Trademarks can only be used to identify printed output produced by the Software and such use of any trademark does not give the Licensee any rights of ownership in that trademark.
4. WARRANTY
4.1 The Licensor warrants that:
4.1.1 The Licensor owns the Software and documentation and/or is in possession of valid and existing licenses that support the terms of this Agreement;
4.1.2 the Software conforms to specifications and functionality as specified in Documentation;
4.1.3 to the best of the Licensor’s knowledge, the Software does not infringe upon or violate any intellectual property right of any third party;
4.1.4 the Software does not contain any routine, intentionally designed by the Licensor to disable a computer program, or computer instructions that may alter, destroy or inhibit the processing environment.
4.2 Except those warranties specified in section 4.1 above, the Software is being delivered to the Licensee “AS IS” and the Licensor makes no warranty as to its use or performance.
The Licensor does not and cannot warrant the performance or results the Licensee may obtain by using the Software. The entire risk arising out of use or performance of the Software remains with the Licensee.
The Licensor gives no warranty, express or implied, that (i) the Software will be of satisfactory quality, suitable for any particular purpose or for any particular use under specified conditions, notwithstanding that such purpose, use, or conditions may be known to the Licensor; or (ii) that the Software will operate error free or without interruption or that any errors will be corrected.
5. LIMITATION OF LIABILITY
In no event will the Licensor be liable for any damages, claims or costs whatsoever or any consequential, indirect, incidental damages, or any lost profits or lost savings, even if the Licensor has been advised of the possibility of such loss, damages, claims or costs or for any claim by any third party.
In no event will the Licensee be liable to the Licensor on condition that the Licensee complies with all terms and conditions stated in this License.
6. NON-WAIVER
If a portion of this agreement is held unenforceable, the remainder shall be valid. It means that if one section of the Agreement is not lawful, the rest of the Agreement is still in force. A party’s failure to exercise any right under this Agreement will not constitute a waiver of (a) any other terms or conditions of this Agreement, or (b) a right at any time thereafter to require exact and strict compliance with the terms of this Agreement.
7. THIRD-PARTY LICENSES
The Software contains components that were created by third parties and that are governed by the third-party licenses, which are contained hereinafter as Exhibits A-E. The third-party licenses do not apply to the Software as a whole, even when they use terms such as “software”, “program”, or any other equivalent terms or phrases. The Software as a whole is governed by EULA by Eltima Software (see above). Unless otherwise stated, graphics and files that are not part of the source code are governed by EULA by Eltima Software.
© 2000-2014 Eltima Software. All rights reserved.
EXHIBIT A: The License Terms for FreeType
Portions of this software are based in part on the FreeType library, a work of the FreeType Team (www.freetype.org) and licensed under the GNU General Public License (GPL), version 2. All rights reserved.
EXHIBIT B: The License Terms for libpng
Libpng is released under the PNG License available at http://www.libpng.org/pub/png/src/libpng-LICENSE.txt and the following copyright notices and terms and conditions apply to this software:
“COPYRIGHT NOTICE, DISCLAIMER, and LICENSE:
If you modify libpng you may insert additional notices immediately following this sentence.
libpng versions 1.2.6, August 15, 2004, through 1.2.35, February 14, 2009, are Copyright (c) 2004, 2006-2008 Glenn Randers-Pehrson, and are distributed according to the same disclaimer and license as libpng-1.2.5 with the following individual added to the list of Contributing Authors: Cosmin Truta.
libpng versions 1.0.7, July 1, 2000, through 1.2.5 – October 3, 2002, are Copyright (c) 2000-2002 Glenn Randers-Pehrson, and are distributed according to the same disclaimer and license as libpng-1.0.6 with the following individuals added to the list of Contributing Authors: Simon-Pierre Cadieux, Eric S. Raymond, Gilles Vollant, and with the following additions to the disclaimer: There is no warranty against interference with your enjoyment of the library or against infringement. There is no warranty that our efforts or the library will fulfill any of your particular purposes or needs. This library is provided with all faults, and the entire risk of satisfactory quality, performance, accuracy, and effort is with the user.
libpng versions 0.97, January 1998, through 1.0.6, March 20, 2000, are Copyright (c) 1998, 1999 Glenn Randers-Pehrson, and are distributed according to the same disclaimer and license as libpng-0.96, with the following individuals added to the list of Contributing Authors: Tom Lane, Glenn Randers-Pehrson, Willem van Schaik.
libpng versions 0.89, June 1996, through 0.96, May 1997, are Copyright (c) 1996, 1997 Andreas Dilger and are distributed according to the same disclaimer and license as libpng-0.88, with the following individuals added to the list of Contributing Authors: John Bowler, Kevin Bracey, Sam Bushell, Magnus Holmgren, Greg Roelofs, Tom Tanner.
libpng versions 0.5, May 1995, through 0.88, January 1996, are Copyright (c) 1995, 1996 Guy Eric Schalnat, Group 42, Inc.
For the purposes of this copyright and license, “Contributing Authors” is defined as the following set of individuals: Andreas Dilger, Dave Martindale, Guy Eric Schalnat, Paul Schmidt, Tim Wegner.
The PNG Reference Library is supplied “AS IS”. The Contributing Authors and Group 42, Inc. disclaim all warranties, expressed or implied, including, without limitation, the warranties of merchantability and of fitness for any purpose. The Contributing Authors and Group 42, Inc. assume no liability for direct, indirect, incidental, special, exemplary, or consequential damages, which may result from the use of the PNG Reference Library, even if advised of the possibility of such damage.
Permission is hereby granted to use, copy, modify, and distribute this source code, or portions hereof, for any purpose, without fee, subject to the following restrictions: 1. The origin of this source code must not be misrepresented. 2. Altered versions must be plainly marked as such and must not be misrepresented as being the original source. 3. This Copyright notice may not be removed or altered from any source or altered source distribution.
The Contributing Authors and Group 42, Inc. specifically permit, without fee, and encourage the use of this source code as a component to supporting the PNG file format in commercial products. If you use this source code in a product, acknowledgment is not required but would be appreciated.”
EXHIBIT C: The License Terms for libncurses
Copyright (c) 1985, 1986, 1987, 1988 X Consortium
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
The software is provided “as is”, without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and noninfringement. in no event shall the X Consortium be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the software or the use or other dealings in the software.
Except as contained in this notice, the name of the X Consortium shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without prior written authorization from the X Consortium.
EXHIBIT D: The License Terms for libiconv
The libiconv library is under LGPL.
http://www.gnu.org/software/libiconv/
EXHIBIT E: The License Terms for mplayer
MPlayer is licensed under the GNU General Public License, version 2.