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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”).
1.0SOFTWARE LICENSE.
1.1Rights Granted. Subject to the terms and conditions of this Agreement, YesVideo grants Customer a perpetual,
1.2Copying. 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.
1.3License Restrictions. Except as allowed under this Agreement, Customer agrees not to reproduce, copy, modify, translate, reverse engineer, disassemble,
shall not resell or otherwise use the Software for any commercial or retail applications.
1.4Software 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.
1.5Equitable 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.
2.0TERM 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.
3.0WARRANTIES.
3.1Software. For the first thirty (30) days after delivery of the Software to Customer YesVideo warrants to Customer that the
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