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1 DIVXNETWORKS, INC. END-USER LICENSE AGREEMENT
2
3 YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS
4 PRODUCT. IT CONTAINS SOFTWARE, THE USE OF WHICH IS LICENSED BY DIVXNETWORKS,
5 INC., TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET FORTH BELOW. IF YOU DO NOT
6 AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.
7 USING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS.
8
9 GRANT OF LICENSE: DivXNetworks, Inc. (the "Licensor") grants to you this
10 personal, limited, non-exclusive, non-transferable, non-assignable license
11 solely to use in a single copy of the Licensed Works on a single computer for
12 use by a single concurrent user only, and solely provided that you adhere to
13 all of the terms and conditions of this Agreement. The foregoing is an
14 express limited use license and not an assignment, sale, or other transfer of
15 the Licensed Works or any Intellectual Property Rights of Licensor.
16
17 ASSENT: By opening the file package containing this software, you agree that
18 this Agreement is a legally binding and valid contract, agree to abide by the
19 intellectual property laws and all of the terms and conditions of this
20 Agreement, and further agree to take all necessary steps to ensure that the
21 terms and conditions of this Agreement are not violated by any person or
22 entity under your control or in your service.
23
24 OWNERSHIP OF SOFTWARE: The Licensor and/or its affiliates or subsidiaries own
25 certain rights that may exist from time to time in this or any other
26 jurisdiction, whether foreign or domestic, under patent law, copyright law,
27 publicity rights law, moral rights law, trade secret law, trademark law,
28 unfair competition law or other similar protections, regardless of whether or
29 not such rights or protections are registered or perfected (the "Intellectual
30 Property Rights"), in the computer software and hardware, together with any
31 related documentation (including design, systems and user) and other materials
32 for use in connection with such computer software in this package
33 (collectively, the "Licensed Works"). ALL INTELLECTUAL PROPERTY RIGHTS IN AND
34 TO THE LICENSED WORKS ARE AND SHALL REMAIN IN LICENSOR.
35
36 RESTRICTIONS:
37
38 (a) You are expressly prohibited from copying, modifying, merging, selling,
39 leasing, redistributing, assigning, or transferring in any matter, Licensed
40 Works or any portion thereof.
41
42 (b) You may take a single copy of materials within the package or otherwise
43 related to Licensed Works only as required for backup purposes.
44
45 (c) You are also expressly prohibited from reverse engineering, decompiling,
46 translating, disassembling, deciphering, decrypting, or otherwise attempting
47 to discover the source code of the Licensed Works as the Licensed Works
48 contain proprietary material of Licensor. You may not otherwise modify,
49 alter, adapt, port, or merge the Licensed Works.
50
51 (d) You may not remove, alter, deface, overprint or otherwise obscure
52 Licensor patent, trademark, service mark or copyright notices.
53
54 (e) You agree that the Licensed Works will not be shipped, transferred or
55 exported into any other country, or used in any manner prohibited by any
56 government agency or any export laws, restrictions or regulations.
57
58 (f) You may not publish or distribute in any form of electronic or printed
59 communication the materials within or otherwise related to Licensed Works,
60 including but not limited to the object code, documentation, help files,
61 examples, and benchmarks.
62
63 TERM: This Agreement is effective until terminated. You may terminate this
64 Agreement at any time by uninstalling the Licensed Works and destroying all
65 copies of the Licensed Works. Upon any termination, you agree to uninstall
66 the Licensed Works and return or destroy all copies of the Licensed Works, any
67 accompanying documentation, and all other associated materials.
68
69 WARRANTIES AND DISCLAIMER:
70
71 EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN LICENSOR
72 AND YOU, THE LICENSED WORKS ARE NOW PROVIDED ÒAS ISÓ WITHOUT WARRANTY OF ANY
73 KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
74 WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE
75 WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES
76 NO WARRANTY THAT (i) THE LICENSED WORKS WILL MEET YOUR REQUIREMENTS, (ii) THE
77 USE OF THE LICENSED WORKS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
78 ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
79 LICENSED WORKS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF THE LICENSED
80 WORKS WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE LICENSED WORKS WILL
81 BE CORRECTED, AND/OR (vi) YOU MAY USE, PRACTICE, EXECUTE, OR ACCESS THE
82 LICENSED WORKS WITHOUT VIOLATING THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS.
83 SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES
84 OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE
85 LIMITATIONS MAY NOT APPLY TO YOU. IF TEXAS LAW IS NOT HELD TO APPLY TO THIS
86 AGREEMENT FOR ANY REASON, THEN IN JURISDICTIONS WHERE WARRANTIES, GUARANTEES,
87 REPRESENTATIONS, AND/OR CONDITIONS OF ANY TYPE MAY NOT BE DISCLAIMED, ANY SUCH
88 WARRANTY, GUARANTEE, REPRESENATION AND/OR WARRANTY IS: (1) HEREBY LIMITED TO
89 THE PERIOD OF EITHER (A) THIRTY (30) DAYS FROM THE DATE OF OPENING THE PACKAGE
90 CONTAINING THE LICENSED WORKS OR (B) THE SHORTEST PERIOD ALLOWED BY LAW IN THE
91 APPLICABLE JURISDICTION IF A THIRTY (30) DAY LIMITATION WOULD BE
92 UNENFORCEABLE; AND (2) LICENSORÕS SOLE LIABILITY FOR ANY BREACH OF ANY SUCH
93 WARRANTY, GUARANTEE, REPRESENTATION, AND/OR CONDITION SHALL BE TO PROVIDE YOU
94 WITH A NEW COPY OF THE LICENSED WORKS.
95
96 IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD
97 PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY
98 KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE
99 RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT LICENSOR HAD BEEN
100 ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY,
101 ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE LICENSED WORKS. SOME
102 JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR
103 CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO
104 YOU. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
105 PURPOSE OF ANY LIMITED REMEDY.
106
107 SEVERABILITY: In the event any provision of this License Agreement is found to
108 be invalid, illegal or unenforceable, the validity, legality and
109 enforceability of any of the remaining provisions shall not in any way be
110 affected or impaired and a valid, legal and enforceable provision of similar
111 intent and economic impact shall be substituted therefor.
112
113 ENTIRE AGREEMENT: This License Agreement sets forth the entire understanding
114 and agreement between you and DivXNetworks, Inc., supersedes all prior
115 agreements, whether written or oral, with respect to the Software, and may be
116 amended only in a writing signed by both parties.
117
118 DivXNetworks, Inc.
119 10350 Science Center Drive
120 Building 14, Suite 140
121 San Diego, California 92121
122 4 March 2002

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