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YesDVD™ Terms & Conditions
IMPORTANT NOTICE
• READ BEFORE OPERATING THE UNIT
AND USE OF THE TECHNOLOGY
• PLEASE CAREFULLY READ THE TERMS
AND CONDITIONS OF THIS LICENSE
AGREEMENT BEFORE OPERATING THE
UNIT AND USING THE TECHNOLOGY.
• OPENING THIS PACKAGE AND USE OF
THE TECHNOLOGY INDICATES YOUR
ACCEPTANCE OF THESE TERMS AND
CONDITIONS.
TERMS AND CONDITIONS
YesVideo, Inc. (YesVideo) and Customer agree
that the following terms and conditions apply
to the license granted under this Agreement
(the “Agreement”) effective on delivery of the
software (the “Effective Date”).
1.0 SOFTWARE LICENSE.
1.1 Rights Granted. Subject to the terms
and conditions of this Agreement,
YesVideo grants Customer a perpetual,
non-exclusive, non-transferable license
to use the software program YesDVD
(in object code only “Software”) and
any corresponding user manuals and
documentation (“Documentation”, Software
and Documentation referred to together as
“Technology”), to produce YesDVD products
on DVD recorders from Customers home
video tapes only. The term “Technology”
shall include any corrections, enhancements,
updates or other modifications delivered to
Customer.
1.2 Copying. Customer may not make any
copies of the Technology. Customer shall
have no right to copy in whole or in part
the Software and the Documentation
unless permitted in writing by YesVideo.
Any and all copies of the Software and the
Documentation made by the Customer are
the exclusive property of YesVideo.
1.3 License Restrictions. Except as allowed
under this Agreement, Customer agrees
not to reproduce, copy, modify, translate,
reverse engineer, disassemble, de-compile
or otherwise attempt, or permit others to
attempt, to discover the source code of the
Software, in whole or in part, except to the
extent that such prohibition is restricted by
applicable law. Customer agrees not to use
the Software in any way to design or develop
a competing software product. Customer
shall not permit any parent, subsidiaries,
affiliated entities or third parties to use the
Software and Documentation without the prior
written permission of YesVideo. Customer
shall not resell or otherwise use the Software
for any commercial or retail applications.
1.4 Software Ownership. Customer
acknowledges that the Software and its
sequence, structure and organization is
proprietary to YesVideo and that YesVideo
retains exclusive ownership of the
Technology. Customer agrees that YesVideo
owns all intellectual and proprietary rights,
including but not limited to patent, copyright,
trade secret, trademark, and other proprietary
rights, in and to the Technology and any
corrections, bug fixes, enhancements,
updates or other modifications, including
custom modifications, to the Technology,
whether made by YesVideo or any third
party. Customer only has the right to use the
Technologies as expressly permitted under
this Agreement.
1.5 Equitable Remedies. Customer agrees that
YesVideo’s proprietary information is unique
in nature and that it would be inadequate
to measure only the monetary damages
associated with any breach by the Customer
of any of the terms and conditions of this
Agreement. Accordingly, Customer agrees
that if Customer breaches this Agreement,
in addition to any other right or remedy
available to YesVideo, YesVideo has the
right to obtain an injunction from a court
of competent jurisdiction restraining such
breach or threatened breach and to specific
performance of any such provision of this
Agreement. Customer further agrees that
no bond or security shall be required to
obtain such equitable relief and Customer
hereby consents to the issuance of such
injunction and to the ordering of such specific
performance.
2.0 TERM AND TERMINATION. This Agreement
will commence on the Effective Date. The
Agreement shall automatically terminate if
Customer does not comply with any of the
terms and conditions of this Agreement.
Sections 1.4 (“Software Ownership”),
Section 1.5 (Equitable Remedies”), 2
(“Term and Termination”), 3 (“Warranties”),
4 (“Limitation of Liability”), and 6 (“General
Provisions”) shall survive any termination
of this Agreement. Upon termination of this
Agreement, Customer will (i.) cease all use
of the Technology and (ii.) promptly destroy
or return to YesVideo the originals and all
copies of the Technology, regardless of form
or media.
3.0 WARRANTIES.
3.1 Software. For the first thirty (30) days
after delivery of the Software to Customer
YesVideo warrants to Customer that the
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