END USER LICENSE AGREEMENT for orchimedia software suite
PLEASE READ the following information carefully as it sets out the terms upon which the person, company, or organisation that has obtained orchimedia Software are allowed to use the orchidmedia Software by Information Core Technologies of 1st Floor, 15A Hill Avenue, Amersham, Bucks, HP65BD, UK (referred to as "ICT").
IF YOU AGREE TO THESE TERMS
click on the "I accept the terms of the license agreement" button at the bottom of this page to indicate your acceptance of these terms and your understanding of the conditions of use of the orchidmedia Software, on behalf or yourself, or your company or your organisation.
IF YOU DO NOT AGREE TO THESE TERMS
your use of the orchidmedia Software will not be granted. In the event, you do not agree to these terms, ICT requests that you contact your place of purchase to return your copy and arrange for a refund, or in the event you have obtained your copy from ICT directly, then you can request a refund from ICT by sending an email to orders@orchidmedia.com.
Definitions:
The term "orchidmedia Software" includes the software, the associated media, any printed materials, and any online or electronic documentation, and any and all copies and derivative works of such software and materials.
The term “your own data” means computer information, including digital materials such as photo images, video recordings, documents, which you own, or you have rights to use the said materials within the orchidmedia Software.
The term “preference” refers to the user preferences options within orchidmedia Software to change the appearance and operation of the said software.
The term “packed copy” refers to the copying of the single packed installation file, supplied by ICT, which is used to install orchidmedia software onto a Personal computer.
The term “Pro version” refers to the version of orchidmedia software, which is available to license from ICT for a fee, and it is said to contain all the features for the current version, as stated in the accompanying documentation for the version and from our website.
The term “Basic version” refers to the version of orchidmedia software, where ICT does not charge a fee for use, and where it contains a subset of the features in the “Pro version” of orchidmedia software, as decided by ICT.
1. License to use orchidmedia Software
1.1 ICT grants to you the non-exclusive, non-transferable, limited right and license to install and use one copy of the Basic version of orchidmedia Software with no fee paid to ICT, solely for your personal use.
1.2 Further, on your purchase of a software license fee to ICT, ICT grants to you non-exclusive, non-transferable, limited right and license to install and use one copy of the Pro version of orchidmedia Software, solely for your personal use.
1.3 All rights not specifically transferred by this License remain with ICT. The orchidmedia Software is licensed to you and not sold.
1.4. This license does not give you any title or ownership in the orchidmedia Software and should not be construed as a sale or transfer of any intellectual property rights to the orchidmedia Software.
1.5 you may use processes within orchimedia Software for the creation of “your own data”, and you may use processes within orchimedia Software to produce visual display, content, and audio output from “your own data”.
1.6. you may use the “preference” processes within orchidmedia Software to change the appearance of orchidmedia software, and the operation of orchidmedia.
1.7 you may make backup or archival copies of orchidmedia software.
1.8 you may provide a “packed copy” of orchidmedia software to other people, for so long as you comply with the restricted use of the orchidmedia software, shown below in section (3).
1.9. ICT reserve the right to terminate this license with you, and withdraw your right to use orchidmedia software, if you do not comply with the terms therein.
2. Ownership of the orchidmedia Software
You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the orchidmedia Software and any and all copies (in particular any titles, computer code, themes, objects, characters, character names, stories, dialogues, catch phrases, places, concepts, artwork, animation, sounds, music, audio-visual effects, text, methods of operation, and any related documentation) are owned by ICT or its licensors.
3. Restricted use of the orchidmedia Software
You agree to only use the orchidmedia Software or any part of it in a manner which is consistent with this License and you SHALL NOT:
3.1. sell, rent, lease, license, distribute or otherwise transfer the orchidmedia Software or any copies for your commercial gain without the express prior written consent of ICT;
3.2. reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the orchidmedia Software, in whole or in part;
3.3. remove, disable or circumvent any proprietary notices, labels or copy protection technology contained on or within the orchidmedia Software;
3.4. export or re-export the orchidmedia Software or any copy or adaptation in violation of any applicable laws or regulations;
3.5. provide copies anonymously; and
3.6. repackage orchidmedia Software under another name, or with other software without the express prior written consent of ICT;
4. Disclaimer
THE SOFTWARE IS DESIGNED TO ASSIST YOU IN REPRODUCING MATERIAL IN WHICH YOU OWN THE COPYRIGHT OR HAVE OBTAINED PERMISSION TO COPY FROM THE COPYRIGHT OWNER. UNLESS YOU OWN THE COPYRIGHT OR HAVE PERMISSION TO COPY FROM THE COPYRIGHT OWNER, YOU MAY BE VIOLATING COPYRIGHT LAW AND BE SUBJECT TO PAYMENT OF DAMAGES AND OTHER REMEDIES. IF YOU ARE UNCERTAIN ABOUT YOUR RIGHTS, YOU SHOULD CONTACT YOUR LEGAL ADVISOR. YOU ASSUME FULL RESPONSIBILITY FOR THE LEGAL AND RESPONSIBLE USE OF THE SOFTWARE.
5. Disclaimer of warranty
Orchidmedia software is provided under this license on an "as is" basis, without warranty of any kind, either expressed or implied, including, without limitation, warranties that the orchidmedia software is free of defects, merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality and performance of the orchidmedia software is with you. Should any orchidmedia software prove defective in any respect, ICT will only endeavour to fix errors, which it can access in the orchidmedia source code or documentation, for redistribution to you. This disclaimer of warranty constitutes an essential part of this license. No use of orchidmedia software is authorized hereunder except under this disclaimer.
You are provided with an open period to use the “Basic version” of orchidmedia Software, for you to fully evaluate the software and for you to decide if orchidmedia Software is fit for your purpose, before you may commit to purchase a software license for the “Pro version” of orchidmedia Software. This disclaimer does not affect your statutory rights as a consumer to return goods for a refund of money paid to ICT within thirty (30) days of a purchase.
6. No liability for consequential damages
In no event shall ICT, its licensors, be liable for any other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use the Software, even if ICT, its licensors, or distributors have been advised of the possibility of such damages.
7. U.S. Government Restricted Rights
Any use of the orchidmedia Software by the U.S. Government is conditioned upon the Government agreeing that the Software is subject to Restricted Rights as provided under the provisions set forth in subdivision (c)(1)(ii) of Clause 252.227-7013 of the Defense Federal Acquisition Regulations Supplement, or the similar acquisition regulations of other applicable U.S. Government organizations. The Contractor/Manufacturer is ICT Ltd, 1st Floor, 15A Hill Avenue, Amersham, Bucks, HP65BD, UK.
8. Third Party Disclaimer and Limitations
8.1. WM-DRM: Content providers are using the Microsoft digital rights management technology for Windows Media, which can be accessed with this Software ("WM-DRM") to protect the integrity of their content ("Secure Content") so that their intellectual property, including copyright, in such content is not misappropriated. Portions of this Software and other third party applications use WM-DRM to play Secure Content ("WM-DRM Software"). If the WM-DRM Software's security has been compromised, owners of Secure Content ("Secure Content Owners") may request that Microsoft revoke the WM-DRM Software's right to copy, display and/or play Secure Content. Revocation does not alter the WM-DRM Software's ability to play unprotected content. A list of revoked WM-DRM Software is sent to your computer whenever you download a license for Secure Content from the Internet. Microsoft may, in conjunction with such license, also download revocation lists onto your computer on behalf of Secure Content Owners. Secure Content Owners may also require you to upgrade some of the WM-DRM components on your computer ("WM-DRM Upgrades") before accessing their content. When you attempt to play such content, WM-DRM Software built by Microsoft will notify you that a WM-DRM Upgrade is required and then ask for your consent before the WM-DRM Upgrade is downloaded. Non-Microsoft WM-DRM Software may do the same. If you decline the upgrade, you will not be able to access content that requires the WM-DRM Upgrade; however, you will still be able to access unprotected content and Secure Content that does not require the upgrade. WM-DRM features that access the Internet, such as acquiring new licenses and/or performing a required WM-DRM Upgrade, can be switched off.
When these features are switched off, you will still be able to play Secure Content if you have a valid license for such content already stored on your computer.
8.2. MPEG-2: Any use of MPEG-2 other than for consumer personal use in any manner that complies with the MPEG-2 Standard for encoding video information for packaged media is prohibited without a license under applicable patents in the MPEG-2 Patent Portfolio. A license is available from MPEG LA L.L.C., 250 Steele Street, Suite 300, Denver, Colorado 80206, USA.
8.3. MPEG-4: Use of MPEG-4 in any manner that complies with the MPEG-4 Visual Standard is prohibited, except for use by a consumer engaging in personal and non-commercial activities.
8.4. MP3 and mp3PRO Audio formats require a license for private, or commercial use. For details, please visit www.mp3licensing.com.
9. Governing Law
This License that you will enter into if you wish to use orchidmedia software represents the complete agreement between ICT, and yourself in relation to the use of the orchidmedia Software and supersedes all prior agreements and representations, warranties or understandings (whether negligently or innocently made but excluding those made fraudulently).
If any provision of this License is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this License shall not be affected.
Nothing in this License gives or claims to give to any third party any benefit or right to enforce any term of this License, or to represent any third party, and the provisions of the Contracts (Rights of Third Parties) Act 1999 (as amended or modified from time to time) are expressly excluded.
This License is governed by the laws of England and is subject to the non-exclusive jurisdiction of the English Courts.
10. Copyright notices
Copyright (c) 2003-2007 Information Core Technologies Ltd, and its licensors. All rights reserved.
Portions of the Software can utilize Microsoft Windows Media Technologies.
Copyright (c) 1999-2007. Microsoft Corporation. All Rights Reserved.
Windows is a registered trademark of Microsoft Corporation. Windows Media and the Windows logo are trademarks or registered trademarks of Microsoft Corporation in the United States and/or other countries.
Portions of the Software use FMOD Sound System, copyright © Firelight Technologies Pty, Ltd., 1994-2006.
Portions of the Software use LEADTOOLS, copyright © 1991-2007 LEAD Technologies, Inc. ALL Rights Reserved
Other product and brand names may be trademarks of their respective owners.
If you have any questions concerning this Agreement, please contact us.