END-USER LICENSE AGREEMENT
This Agreement applies to the following products: Xtreme Player Media Player, hereby known as Xtreme Player.
NOTICE TO USER:
Even though a license fee is not paid for the use of Trial Version software, it does not mean that there are no conditions for using such software.
By installing, copying, or otherwise using the Software You agree to be bound by the terms of this EULA. If You do not agree to the terms of this EULA, do not install or use the Software.
XTREME PLAYER SHALL HAVE NO LIABILITY WITH RESPECT TO THE CONTENT OF THE PRODUCT OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS CONTAINED THEREIN, LIBEL, INFRINGEMENTS OF RIGHTS OF PUBLICITY, PRIVACY, TRADEMARK RIGHTS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, MORAL RIGHTS OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION. NO WARRANTY OF ANY KIND IS EXPRESSED OR IMPLIED. XTREME PLAYER’S TOTAL LIABILITY SHALL IN NO EVENT EXCEED THE ACTUAL PRICE PAID FOR THE PRODUCT. THE AUTHOR WILL NOT BE LIABLE FOR DATA LOSS, DAMAGES, LOSS OF PROFITS OR ANY OTHER KIND OF LOSS WHILE USING OR MISUSING THIS SOFTWARE.
When used in this Agreement, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:
“Licensor” means Xtreme Player.
“Software” means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to ((i) digital images, stock photographs, clip art, sounds or other artistic works (“Stock Files”); (ii) related explanatory written materials or files (“Documentation”); and (iii) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by Xtreme Player (collectively, “Updates”).
“Use” or “using” means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation.
“Licensee” means You.
“System” means Windows OS, Mac OS, Apple OS, Android OS, or any virtual machine.
As long as the Licensee complies with the terms of this End User License Agreement (the “Agreement”), the Licensor grants the Licensee a non-exclusive right to use the GUI version of the Software under the following conditions:
As long as the Licensee complies with the terms of this End User License Agreement (the “Agreement”), the Licensor grants the Licensee a non-exclusive right to use the GUI version of the Software under the
3.1 This License does not transmit any intellectual rights on the Software. The Software and any copies that the Licensee is authorized by the Licensor to make are the intellectual property of and are owned by the Licensor.
3.2 The Software is protected by copyright, including without limitation by Copyright Law and international treaty provisions.
3.3 Any copies that the Licensee is permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software.
3.4 The structure, organization and code of the Software are the valuable trade secrets and confidential information of the Licensor. The Licensee agrees not to decompile, disassemble or otherwise attempt to discover the source code of the Software.
3.5 Any attempts to reverse-engineer, copy, clone, modify or alter in any way the installer program without the Licensor specific approval are strictly prohibited. The Licensee is not authorized to use any plug-in or enhancement that permits to save modifications to a file with software licensed and distributed by the Licensor.
3.6 Trademarks shall be used in accordance with accepted trademark practice, including identification of trademarks owners’ names. Trademarks can only be used to identify printed output produced by the Software and such use of any trademark does not give the Licensee any rights of ownership in that trademark.
4.1 This License is non-transferable. The Licensee may not transfer the rights to Use the Software to third parties (another person or legal entity).
4.2 The Licensee may not rent, lease, sublicense, lend or transfer any versions or copies of the Software to third parties (another person or legal entity).
4.3 The Licensee may make a backup copy of the Software, provided a backup copy is not installed or used on any system not belonging to the Licensee. The Licensee may not transfer the rights to install or use a backup copy of the Software to third parties (another person or legal entity).
5.1 The Licensor warrants that:
5.1.1 The Licensor owns the Software and documentation and/or is in possession of valid and existing licenses that support the terms of this Agreement;
5.1.2 the Software conforms to specifications and functionality as specified in Documentation;
5.1.3 to the best of the Licensor’s knowledge, the Software does not infringe upon or violate any intellectual property right of any third party;
5.1.4 the Software does not contain any back door, time bomb, drop dead device or other routine intentionally designed by the Licensor to disable a computer program, or computer instructions that alter, destroy or inhibit the processing environment.
5.2 Except those warranties specified in section 6.1 above, the Software is being delivered to the Licensee “AS IS” and the Licensor makes no warranty as to its use or performance. The Licensor does not and cannot warrant the performance or results the Licensee may obtain by using the Software. The entire risk arising out of use or performance of the Software remains with the Licensee. The Licensor gives no warranty, express or implied, that the Software will be of satisfactory quality, suitable for any particular purpose or for any particular use under specified conditions, notwithstanding that such purpose, use, or conditions may be known to the Licensor; or that the Software will operate error free or without interruption or that any errors will be corrected.
In no event will the Licensor be liable for any damages, claims or costs whatsoever or any consequential, indirect, incidental damages, or any lost profits, lost savings or lost data, even if the Licensor has been advised of the possibility of such loss, damages, claims or costs or for any claim by any third party.
In no event will the Licensee be liable to the Licensor on condition that the Licensee complies with all terms and conditions stated in this License.
7.1 Among other protection methods some Xtreme Player Software applications may require activation.
7.2 The activation code is received by the client after the order was processed and is used to activate the purchased applications.
7.3 Access to the Internet on the Licensee’s computer is required to activate purchased applications. If there is no access to the Internet available, you can activate the software manually (offline). You will need to use another computer which is online to get the special activation file.
7.4 Purchased applications are activated automatically once the activation code is entered. Purchased applications may be occasionally reactivated in the background to ensure smooth and uninterrupted license compliance check. This will require Internet connection as well (as stated in section 8.3 above).
7.5 Hardware serial numbers (a computer’s unique hardware ID), the purchased product ID and the build number, together with the activation code, are encrypted and sent to the manufacturer’s (Digiarty Xtreme Player) servers to verify that the copy of the purchased application is genuine and to determine whether the number of permitted activations is not exceeded.
7.6 Free version of the Software performs activation in the background without users’ interference (no activation code is needed). Activation of Free version is required for statistics only and does not collect any personal information.
If a portion of this agreement is held unenforceable, the remainder shall be valid. It means that if one section of the Agreement is not lawful, the rest of the Agreement is still in force. A party’s failure to exercise any right under this Agreement will not constitute a waiver of (a) any other terms or conditions of this Agreement, or (b) a right at any time thereafter to require exact and strict compliance with the terms of this Agreement.
Installing and using our products signifies acceptance of these terms and conditions of the license. If you do not agree with the terms of this license, you must remove our products files from your storage devices and cease to use our products.