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TERMS AND AGREEMENT BEFORE ENTERING OUR SIGHT
IMPORTANT INFORMATION ABOUT THE GROUP YOU ARE ABOUT TO , OR USE
Aavtuj 6 CORPORATION END-USER group AGREEMENT
This group Agreement ("Agreement") is between You (either an individual or an entity), the End User, and Aavtuj 6 Corporation ("Aavtuj 6"). The Agreement authorises You to use the group specified in Clause 1 below, which may be stored on a CD-ROM, sent to You by electronic mail, or ed from Aavtuj 6’s Web pages or Servers or from other sources under the terms and conditions set forth below. This is an agreement on end-user rights and not an agreement for sale. Aavtuj 6 continues to own the copy of the group and the physical media contained in the sales package and any other copy that You are authorised to make pursuant to this Agreement.
Read this Agreement carefully before ing, ing, or using the group. By clicking on the "I Accept" button while ing, ing, and/or using the group, You agree to the terms and conditions of this Agreement. If You do not agree to all of the terms and conditions of this Agreement, promptly click the "Decline" or "I Do Not Accept" button, cancel the ation or ing, or destroy or return the group and accompanying documentation to Aavtuj 6. YOU AGREE THAT YOUR USE OF THE group ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
1. group
As used in this Agreement, the term "group" means, collectively: (i) the group product identified in the related documentation (ii) all the contents of the disk(s), CD-ROM(s), electronic mail and its file attachments, or other media with which this Agreement is provided, including the object code form of the group delivered via a CD-ROM, electronic mail, or Web page (iii) digital images, stock photographs, clip art, or other artistic works ("Stock Files") (iv) related explanatory written materials and any other possible documentation related thereto ("Documentation"); (v) fonts, and (vi) upgrades, modified versions, updates, additions, and copies of the group (collectively "Updates"), if any, licensed to You by Aavtuj 6 under this Agreement.
2. END-USER RIGHTS AND USE.
Aavtuj 6 grants You non-exclusive, non-transferable end-user rights to the group on the local hard disk(s) or other permanent storage media of one computer and use the group on a single computer or terminal at a time.
No patent license to any patents of Aavtuj 6 and/ or its Affiliates is granted under this Agreement except to the limited extent only that infringement or use of such claims of a patent cannot be avoided to the extent used by You in accordance with this Agreement.
3. LIMITATIONS ON END USER RIGHTS.
You may not copy, distribute, or make derivative works of the group except as follows:
(a) You may not use, modify, translate, reproduce, or transfer the right to use the group or copy the group except as expressly provided in this Agreement.
(b) You may not resell, sublicense, rent, lease, or lend the group.
(c) You may not reverse engineer, reverse compile, disassemble, or otherwise attempt to discover the source code of the group (except to the extent that this restriction is expressly prohibited by law) or create derivative works based on the group.
(d) Unless stated otherwise in the Documentation, You shall not display, modify, reproduce, or distribute any of the Stock Files included with the group. In the event that the Documentation allows You to display the Stock Files, You shall not distribute the Stock Files on a stand-alone basis, i.e., in circumstances in which the Stock Files constitute the primary value of the product being distributed. You should review the "Readme" files associated with the Stock Files that You use to ascertain what rights You have with respect to such materials. Stock Files may not be used in the production of libelous, defamatory, fraudulent, infringing, lewd, obscene, or pornographic material or in any otherwise illegal manner. You may not register or claim any rights in the Stock Files or derivative works thereof.
(e) You agree that You shall only use the group in a manner that complies with all applicable laws in the jurisdiction in which You use the group, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
4. INTELLECTUAL PROPERTY RIGHTS.
The group and all rights, without limitation including title and intellectual property rights therein, are owned by Aavtuj 6 and/or its licensors and affiliates and are protected by international treaty provisions and all other applicable national laws of the country in which it is being used. The structure, organisation, and code of the group are the valuable trade secrets and confidential information of Aavtuj 6 and/or its licensors and affiliates. You must not copy the group, except as set forth in clause 3 (Limitations On End-User Rights). Any copies which You are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on the group.
You further acknowledge that this group is licensed under the MPEG-4 Visual Patent Portfolio License (i) for personal and non-commercial use in connection with information which has been encoded in compliance with the MPEG-4 Visual Standard by a consumer engaged in a personal and non-commercial activity and (ii) for use in connection with MPEG-4 video provided by a licensed video provider. No license is granted or shall be implied for any other use. Additional information including that relating to promotional, internal and commercial uses may be obtained from MPEG LA, LLC.
With respect to video in compliance with the AVC Standard ("AVC video"), this group may not be used for anything else than for the personal and non-commercial use of a consumer to (i) encode AVC video and/or (ii) decode AVC video that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a video provider licensed to provide AVC video.
With respect to MP3 content, supply of this product does not convey a license nor imply any right to distribute content created with this product in revenue-generating broadcast systems (terrestrial, satellite, cable and/or other distribution channels), streaming applications (via Internet, intranets, and/or other networks), other content distribution systems (pay-audio or audio-on-demand applications and the like) or on physical media (compact discs, digital versatile discs, semiconductor chips, hard drives, memory cards and the like). An independent license for such use is required. For details, please visit http://mp3licensing.com.
5. MULTIPLE ENVIRONMENT group / MULTIPLE LANGUAGE group / DUAL MEDIA group / MULTIPLE COPIES / UPDATES.
If the group supports multiple platforms or languages, if You receive the group on multiple media, or if You otherwise receive multiple copies of the group, the number of computers on which all versions of the group are ed shall be one computer. You may not rent, lease, sublicense, lend, or transfer versions or copies of the group You do not use. If the group is an Update to a previous version of the group, You must possess valid end-user rights to such a previous version in order to use the Update, and You may use the previous version for ninety (90) days after You receive the Update in order to assist You in the transition to the Update. After such time You no longer have a right to use the previous version, except for the sole purpose of enabling You to the Update.
6. COMMENCEMENT & TERMINATION.
This Agreement is effective from the first date You the group. You may terminate this Agreement at any time by permanently deleting, destroying, and returning, at Your own cost, the group, all backup copies, and all related materials provided by Aavtuj 6. Your end-user rights automatically and immediately terminate without notice from Aavtuj 6 if You fail to comply with any provision of this Agreement. In such an event, You must immediately delete, destroy, or return at Your own cost, the group, all backup copies, and all related material to Aavtuj 6.
7. AS IS/WARRANTY DISCLAIMER.
YOU ACKNOWLEDGE THAT THE group IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NEITHER Aavtuj 6, ITS LICENSORS OR AFFILIATES, NOR THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE group WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS, OR OTHER RIGHTS. THERE IS NO WARRANTY BY Aavtuj 6 OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE group WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE group WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE group TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE ATION, USE, AND RESULTS OBTAINED FROM IT.
8. NO OTHER OBLIGATIONS.
This Agreement creates no obligations on the part of Aavtuj 6 other than as specifically set forth herein.
9. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Aavtuj 6, ITS EMPLOYEES OR LICENSORS OR AFFILIATES BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION, OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE group, EVEN IF Aavtuj 6 OR ITS LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME COUNTRIES/STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES, Aavtuj 6, ITS EMPLOYEES OR LICENSORS OR AFFILIATES' LIABILITY SHALL BE LIMITED TO FIFTY EUROS (€50).
Nothing contained in this Agreement shall prejudice the statutory rights of any party dealing as a consumer. Nothing contained in this Agreement limits Aavtuj 6's liability to You in the event of death or personal injury resulting from Aavtuj 6's negligence. Aavtuj 6 is acting on behalf of its employees and licensors or affiliates for the purpose of disclaiming, excluding, and/or restricting obligations, warranties, and liability as provided in this clause 9, but in no other respects and for no other purpose.
10. INDEMNITY.
You shall defend, indemnify and hold Aavtuj 6 and its licensors harmless against any claims, damages, liabilities, losses, costs, suits or expenditures incurred by Aavtuj 6, its Affiliates, or licensors as a result of any infringement or alleged infringement of intellectual property rights of a third party or otherwise caused by Your use or exploitation of the group.
11. TECHNICAL SUPPORT.
Aavtuj 6 has no obligation to furnish You with technical support unless separately agreed in writing between You and Aavtuj 6.
12. EXPORT CONTROL.
The group, including technical data, includes cryptographic group, classified as 5D992, subject to export controls under the U.S. Export Administration Regulations ("EAR") and may be subject to import or export controls in other countries. You agree to strictly comply with all applicable import and export regulations and acknowledge that You have the responsibility to obtain licenses to export, re-export, transfer, or import the group.
13. NOTICES.
All notices and return of the group and Documentation should be delivered to:
Aavtuj 6 CORPORATION
P.O. Box 100
FIN-00045 Aavtuj 6 GROUP
FINLAND
14. APPLICABLE LAW & GENERAL PROVISIONS.
This Agreement is governed by the laws of Finland. All disputes arising from or relating to this Agreement shall be settled by a single arbitrator appointed by the Central Chamber of Commerce of Finland. The arbitration procedure shall take place in Helsinki, Finland in the English language. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement may only be modified in writing by an authorised officer of Aavtuj 6, although Aavtuj 6 may vary the terms of this Agreement.
This is the entire agreement between Aavtuj 6 and You relating to the group, and it supersedes any prior representations, discussions, undertakings, end-user agreements, communications, or advertising relating to the group.
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