ELECARD 最終使用者許可協定 本最終使用者許可協定（"EULA"） 是您（如果您作為個人）或您的僱主（在此以您為雇員的情況下）與 Elecard Ltd 1027000873569 之間的法律約束力協定， 根據俄羅斯聯邦法律正式註冊的公司，其主要辦事處位於俄羅斯托木斯克的Akademicheskiy Ave.10/3，634055，俄羅斯（"Elecard"）。如果您作為雇員行事，您的雇主特此應被視為適當的持牌人，即使您是唯一熟悉此 EULA 的人。 定義 1.1. 就本 EULA Elecards 軟體" 的目的，是指提供本 EULA 的檔、磁碟、CDROM 或其他介質的所有內容，包括但不限於 （i） Elecard 或第三本 當事人計算機資訊或軟體;（二） 數位圖像、庫存照片、剪貼畫、聲音或其他 藝術作品;（三） 相關的解釋性書面材料或檔;和 （iv） 字體; 許可證和限制 2.1. 接受本 EULA Elecard 後，授權您下載並安裝一 （1） 份 Elecard 軟體。如果您希望使用 Elecards 軟體的多個副本，您必須獲得 其他許可證; 2.2. 評估版本。在 Elecards 軟體未由您或您的前任正確註冊的情況下 （上一個最終使用者），此 EULA 授予您以下權利： 2.2.1. 使用您只能使用 Elecards 軟體的每個副本進行內部評估、試用和 僅在一 （1） 台電腦上測試目的，最多兩 （2） 個螢幕，連接到電腦 Elecards 軟體的安裝嚴格按照以下條款進行; 2.2.2. 出於備份目的複製您可以在機器可讀中製作一 （1） 個 Elecards 軟體副本 表單僅用於備份目的。您必須在此類副本 Elecard 上明確說明版權 通知，您不得轉讓、出售、租賃或借出此類備份副本或將其用於其他目的;
版本歷史記錄
- 版本 2.3 發佈於 2008-06-25
G4 編解碼器封裝
軟體細節
- 軟體分類： 音訊和多媒體 > 視頻工具
- 發佈者： Elecard Ltd
- 軟體性質： 免費試用
- 價格： $40.00
- 版本： 2.3
- 作業系統： windows
終端使用者許可協定
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. DEFINITION 1.1. For the purpose of this EULA Elecards Software" means all of the contents of the files, disk(s), CDROM(s) or other media with which this EULA is provided, including but not limited to (i) Elecards 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; LICENSE AND RESTRICTIONS 2.1. Upon acceptance of this EULA Elecard authorizes you to download and to install one (1) copy of the Elecards Software. In case you wish to use multiple copies of the Elecards Software you must obtain additional licenses; 2.2. Evaluation version. In case of Elecards Software is not properly registered by you or your predecessor (previous end user), this EULA grants you the following rights: 2.2.1. Use You may use each copy of Elecards 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 Elecards Software is installed on in strict compliance with the terms, stated below; 2.2.2. Copy for backup purposes You may make one (1) copy of the Elecards Software in machinereadable 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; 2.3. Registered version. In case of Elecards Software is registered by you or your predecessor (previous end user), this EULA grants you the following rights: 2.3.1. Use You may use each copy of Elecards Software solely for your personal, nonexclusive and noncommercial usage on one (1) computer and maximum two (2) screens, attached to the computer the Elecards Software is installed on. In case you wish to use Elecards Software in the commercial activity, you must obtain additional license from Elecard and until you obtain such additional license, your commercial usage of Elecards Software is illegal. For the purpose of this EULA Commercial usage of and Commercial activity with Elecards Software means any activity or use, primarily or secondarily intended to get reiterated profit or benefits, in monetary form or in kind, from use of Elecard's Software in any possible manner, or from rent, lease, sublicense or authorize all or any portion of the Elecards Software to be copied onto another users computer; 2.3.2. Copy for backup purposes You may make one copy of the Elecards Software in machinereadable 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; 2.3.3. Transferring in of rights - Notwithstanding to the contrary in Section 2.5.4 below you may transfer all your rights to use the Elecards Software to another person or legal entity provided that: (a) you also transfer each this EULA, the Elecards Software and all other software or hardware bundled or preinstalled with the Elecards 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; and (c) the receiving party accepts the terms and conditions of this EULA; 2.4. Evaluation version. In case of Elecards Software is not properly registered by you or your predecessor (previous end user), then in addition to the restrictions, stated in the Sections 2.5.1, 2.5.2, 2.5.3, 2.5.4, 2.5.5, 2.5.6 and 2.5.7 below you also may not use the Elecards Software for purposes, other than evaluation, trial and testing purposes; 2.5. Registered version. In case of Elecards Software is registered by you or your predecessor (previous end user), then in no event will your performance of your activities with Elecards Software be outside the scope and/or contrary to the Section 2.3, including, but not limited: 2.5.1. You may not alter, merge, adapt or translate the Elecards Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Elecards Software to a human-perceivable form, including but not limited to source code; 2.5.2. You may not make any modifications to the Elecards Software; 2.5.3. You may not make any copies of the Elecards Software or its related documentation for any purpose unless you fully comply with the conditions abovementioned regarding "Copy for backup purposes"; 2.5.4. You may not sell, distribute, rent, lease, sublicense or authorize all or any portion of the Elecards Software to be copied onto another users computer; 2.5.5. You may not unbundle the component parts of the Elecards Software for use on different computers; 2.5.6. Elecards 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 Elecards Software; 2.5.7. 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; 2.6. You should be aware that this EULA does not comprise all the technology, or include licenses to all of the patents or other intellectual property, required to use or distribute the Elecards Software. In case the Elecards 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 NONCOMMERCIAL 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; In case the Elecards 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 STANDARD 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; In case the Elecards 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 NONCOMMERCIAL 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; In case the Elecards 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; In case the Elecards Software includes H.264/AVC CODECs YOU MAY NOT USE THEM WITH ANY OTHER SOFTWARE, EXCEPT GIVEN ELECARDS SOFTWARE; You agree that Elecard may audit your use of the Elecards 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 Elecards Software, at its sole discretion. UPDATE AND UPGRADE POLICY. 3.1. For the purpose of this EULA the Update shall mean a modification to the Elecards Software that contains corrections of errors and minor enhancements, and Upgrade shall mean a modification to the Elecards Software that provides additional features or performs additional functions not provided or performed by the Elecards Software originally delivered to you; 3.2. Until the new major version of the Elecards Software is released you may receive from Elecard the Updates to the Elecards Software at free of charge. As soon as Elecard releases the new major version of the Elecards Software you will have to purchase from Elecard the additional license to use the Updated Elecards Software; 3.3. It is hereby stated that unless you purchase from Elecard the additional license you will not be entitled to receive Upgrades to the Elecards Software; 3.4. The conditions of this EULA apply to any Update, Upgrade or additional component added to the Elecards Software originally installed by you. In case that these include a separate agreement, its conditions will be in addition to the conditions of this EULA, 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. TERMINATION 4.1. Evaluation version. In case of Elecards Software is not properly registered by you or your predecessor (previous end user), this EULA and, accordingly, use of Elecards Software shall terminate immediately without notice from Elecard upon the expiration of 21 calendar days from installation of Elecards Software on your computer (Evaluation period). In this case you must delete or destroy the Elecards Software, the backup copy, related documentation and all copies thereof. As of the moment of this termination, you may no longer reuse the Elecards Software for any purpose without registration of the Elecards Software; 4.2. Registered version. In case of Elecards Software is registered by you or your predecessor (previous end user), then Elecard may terminate this EULA in the event you break any provision under this EULA. In these cases you must delete or destroy the Elecards Software, the backup copy, related documentation and all copies thereof without the refund of the amounts paid you for Elecard's Software. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY 5.1. EXCEPT FOR THE SERVICE MENTIONED IN THE SECTION 3.2 ABOVE, TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAWS ELECARD MAKES NO WARRANTIES HEREUNDER TO YOU WITH RESPECT TO THE ELECARDS SOFTWARE AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED OR ARISING OUT OF A COURSE OF CONDUCT OR COURSE OF DEALING, INCLUDING ALL WARRANTIES OF TITLE, PERFORMANCE, USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE. ELECARD ALSO MAKES NO WARRANTY REGARDING NON INTERRUPTION OF USE. NO ORAL OR WRITTEN STATEMENT PROVIDED BY ELECARD SHALL CREATE ANY WARRANTY; 5.2. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAWS, IN NO EVENT SHALL ELECARD BE LIABLE FOR ANY LOST PROFITS, REVENUE OR BUSINESS OPPORTUNITY, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) ARISING OUT OF OR RELATED TO THE ELECARDS SOFTWARE, ANY PART THEREOF, THE DOCUMENTATION OR OTHERWISE RELATED TO THIS EULA, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT ELECARDS SOFTWARE LIABILITY, OR OTHERWISE, EVEN IF ELECARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; 5.3. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAWS, IN NO EVENT SHALL ELECARDS AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE ELECARDS SOFTWARE, ANY PART THEREOF, THE DOCUMENTATION OR OTHERWISE RELATING TO THIS EULA, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED 100% (ONE HUNDRED PERCENT) OF THE CUMULATIVE LICENSE FEE, PAID BY YOU IN ACCORDANCE WITH THE EULA. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN; 5.4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATIONS OF CERTAIN DAMAGES OR LIABILITIES, SO THE LIMITATIONS AND EXCLUSIONS SET FORTH IN SECTIONS 5.2 AND 5.3 ABOVE MAY NOT APPLY IN FULL OR IN PART. MISCELLANEOUS 6.1. This EULA shall be construed in accordance with and governed by the law of Russia; 6.2. This EULA constitutes the entire agreement between you and Elecard with respect to the use of the Elecards 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 Elecards Software, which is listed in Elecard's website and are incorporated into these EULA by reference. 6.3. Elecard may elect to deliver the Elecards software electronically via e-mail or internet download. Hereby you acknowledge that problems can arise during electronic data transmission and you assume all responsibility for verifying that any transmitted data is complete and correct; 6.4. As a rule, all notices, requests and demands given to or made upon the Parties shall be in writing and shall be delivered with delivery receipt. At the same time, in accordance with this EULA some notices may be sent by the e-mail or fax. Each Party hereby acknowledges that all notices delivered under this EULA should be addressed as follows: Elecard Ltd 10/3 Akademicheskiy Ave. Tomsk, Russian Federation, 634055 E-mail: [email protected] ATTN: Elena Zaikina, Legal Adviser Any such notice shall be deemed received upon actual receipt; 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. In case you have any questions concerning this EULA or the Elecards Software and its installation, you may contact Elecard's support team at the address above, or by sending an E-mail to [email protected] or visiting Elecard's website: http://www.elecard.com.