End-User Software License Agreement
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS, CONDITIONS AND RESTRICTIONS BEFORE INSTALLATION AND USE OF ANY SOFTWARE PROGRAMS PROVIDED BY SPINETIX S.A. OPENING THE SEALED SOFTWARE PACKAGE AND/OR INSTALLATION OR USE OF SUCH SOFTWARE PROGRAMS SHALL BE DEEMED TO CONFIRM YOUR ACCEPTANCE OF THESE TERMS, CONDITIONS AND RESTRICTIONS.
This License Agreement (this «Agreement») is a legal agreement between you and SpinetiX S.A., a Swiss corporation («SpinetiX») for the accompanying software, associated media, printed materials, audiovisual content, and «online» or electronic documentation (collectively, the «Product»). By installing or using the Product, you agree to be bound by the terms of this Agreement. If you do not agree to all of the terms of this agreement, de-install all copies of the Product from your computer and return all Product materials to your distributor or SpinetiX for a refund of any license fees paid.
- The Product is licensed, not sold. The Product is protected by copyright law and international copyright treaty provisions, as well as other intellectual property laws and treaties. You must not allow copies of the Product or any part of it to be made or distributed to anyone else. You may make backup copies of the software for archival purposes only.
- SpinetiX grants to you a non-exclusive, non-sublicensable, license to use the Product for your own use only on a single computer.
- The Product in source code form is confidential and SpinetiX’ protected trade secret and you may not attempt to reverse engineer, decompile, disassemble or otherwise decipher any portion of the Product. Reproduction and/or redistribution of any portion of the Product is specifically prohibited in the absence of a separate written agreement with SpinetiX.
- All video, audio, and other content accessed through the Product is the property of the applicable content owner and may be protected by applicable copyright law. This Agreement gives you no rights to such content.
- If you use the Product to create or distribute audio, video, or other content, SpinetiX is not responsible for such content, and you are solely responsible, for the property rights, legality, and regulation of all such content, including but not limited to issues of copyright ownership and obscenity regulation worldwide.
- SpinetiX retains all ownership and intellectual property rights in and to the Product. You agree to abide by the copyright law and all other applicable laws of Switzerland, including those relating to Switzerland export controls. You agree not to ship or re-export any portion of the Product to any destination to which it could not lawfully have been exported originally under those export controls.
- If you breach this agreement SpinetiX may terminate this Agreement at any time by delivering notice to you. You may terminate this Agreement at any time by removing all copies of the Product from your computer or the player on which it is installed and destroying all Product materials. This Agreement is personal to you, and you agree not to assign your rights under it. This Agreement shall be governed by and construed in accordance with the laws of Switzerland relating to intellectual property in general, and to copyrights, patents, and trademarks in particular. You agree to submit all disputes to the exclusive jurisdiction of courts or tribunals located within the territorial boundaries of Switzerland.
SpinetiX warrants that the software will perform substantially in accordance with the accompanying user documentation for a period of 90 days from the date of receipt.
The product is provided without any other express or implied warranties, including without limitation warranties of merchantability or fitness for a particular purpose. SpinetiX shall not be liable: (a) for incidental, consequential, special, or indirect damages of any sort whatsoever, whether arising in tort, contract, or otherwise (including without limitation damages for loss of business profits, revenues, or information, or for business interruption) resulting from your use of the product or your inability to use the product, even if SpinetiX has been informed of the possibility of such damages; or (b) for any claim by any party other than you. In no event shall SpinetiX’ liability to you exceed the amount you originally paid for the product. This limitation of liability shall not apply to liability for death or personal injury to the extent applicable law prohibits such limitation. Some states and jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusion may not apply to you.
SpinetiX entire liability and your exclusive remedy shall be, at SpinetiX’ option, either (a) return of the price paid or (b) repair or replacement of the software. This Limited Warranty is void if failure of the software has resulted from abuse, or misapplication. Any replacement software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer. Neither these remedies nor any product support services offered by SpinetiX are available without proof of purchase from an authorized source.
SpinetiX and HMP Hyper Media Player are registered trademarks, and all logo and graphic designs are trademarks of SpinetiX S.A. Other product and company names appearing in SpinetiX S.A. products and materials are used for identification purposes only and may be trademarks or registered trademarks of their respective companies. Registered and unregistered trademarks used in any SpinetiX S.A. products and materials are the exclusive property of their respective owners.
Version 1.1 - 17.04.2012