Visual Explorer Ultimate 3.2

EULA - End User License Agreement

BlueG Visual Explorer Ultimate - Electronic End User License Agreement

ATTENTION: PLEASE READ THIS ELECTRONIC END USER LICENSE AGREEMENT CAREFULLY. BY INDICATING ACCEPTANCE BELOW, THE INDIVIDUAL OR ENTITY DOWNLOADING, INSTALLING OR USING THIS SOFTWARE (THE "END-USER") AGREES TO BE BOUND BY THE TERMS OF THIS LICENSE.

The enclosed computer program(s) and the accompanying documentation (together referred to as the "Software") are provided to the End-User by BlueG (the "Licensor") for use only under the following terms. The Licensor reserves any right not expressly granted to the End-User. The Licensor retains ownership of the Software itself. The End-User assumes sole responsibility for the installation, use and results obtained from use of the Software. The FFmpeg open source project and associated libraries distributed with the Software are excluded from this Agreement. FFmpeg is a trademark of Fabrice Bellard, available online at http://ffmpeg.org and published under the GNU Lesser General Public License 2.1.

1. License.
The End-User is granted a limited, non-exclusive, non-transferable license to do only the following:

A. Install and maintain the Software on computers owned by the End-User or under the End-User's control at any time for use only in the End-User's own business.

B. Make one copy of the Software in machine-readable form solely for backup or archival purposes for the computers upon which the Software is installed, provided that the Licensee complies with the express condition to reproduce on any such copy, the Licensor's copyright notice and other proprietary legends on the Software. This Software is protected by copyright law.

2. Restrictions.
The End-User may NOT transfer, sell, assign or otherwise sublicense copies of the Software to others. The Software contains trade secrets. THE END-USER MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE, OR OTHERWISE ASSIGN OR TRANSFER THE SOFTWARE, OR CREATE OR RESELL DERIVATIVE WORKS BASED UPON THE SOFTWARE OR RESELL COMPUTER PROGRAMS OR SOFTWARE DESIGN TOOLS OR COMPUTER CODE, BASED UPON OR COMPILED WITH THE ASSISTANCE OF THE SOFTWARE OR ANY PART THEREOF. THE COPYRIGHT IN ANY COMPUTER GENERATED EFFECTS OR TOOLS FOR CREATING THEM, BEING ELEMENTS OF DESIGN SUBSTANTIALLY PRODUCED BY USING THE TOOLS IN THE SOFTWARE OR DERIVED FROM SUCH USE, SHALL VEST IN THE LICENSOR.

3. Termination.
This License is effective until terminated. This License will terminate immediately without notice from the Licensor if the End-User fails to comply with any of its provisions. Upon termination the End-User must destroy the Software and all copies thereof, and the End-User may terminate this License at any time by doing so.

4. Privacy.
The End User agrees to the BlueG Privacy Policy, made available online at http://www.blueg.com/info/privacy.htm, which may be amended from time to time. When BlueG changes the policy in a material way a notice will be posted on the website at http://www.blueg.com. It is the End User's responsibility to ensure that it understands the terms of the privacy policy.

5. Disclaimer of Warranty.
THE SOFTWARE IS PROVIDED "AS IS" WITH ALL FAULTS.THE WARRANTY AND REMEDY PROVIDED HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE END-USER ASSUMES ALL RISK AS TO THE SUITABILITY, QUALITY, AND PERFORMANCE OF THE SOFTWARE. IN NO EVENT WILL THE LICENSOR, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES, BE LIABLE TO THE END-USER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE LICENSOR'S LIABILITY TO THE END-USER (IF ANY) FOR ACTUAL DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO, AND IN NO EVENT SHALL EXCEED, THE AMOUNT ORIGINALLY PAID TO THE LICENSOR (IF ANY) FOR THE LICENSE OF THE SOFTWARE.

6. Software Updates.
From time to time the Licensor may deliver to the End User's computer(s) or other device(s) upon which the Software is installed automated updates, modifications, and/or patches to address issues such as security, interoperability, and performance (collectively "Updates"). Certain Updates may be subject to additional terms and conditions. By using the Software, the End User consents to such Updates. Use of the Updates by the End User shall be governed by the terms of this License unless the End User is requested to agree to a new License at the time of download or installation of the Updates.

7. General.
This License will be governed by and construed in accordance with the laws of the United Kingdom, and shall inure to the benefit of the Licensor and the End-User and their successors, assigns and legal representatives. If any provision of this License is held by a court of competent jurisdiction to be invalid or unenforceable to any extent under applicable law, that provision will be enforced to the maximum extent permissible and the remaining provisions of this License will remain in full force and effect. Any notices or other communications to be sent to the Licensor must be mailed first class, postage prepaid, to the following address:-

Globalcad Consultants Limited (BlueG), P.O. Box 22, Godalming, Surrey GU8 6YS United Kingdom.

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior proposals, agreements, representations, statements and undertakings are hereby expressly cancelled and superseded. This Agreement may not be changed or amended except by a written instrument executed by a duly authorized officer of the Licensor.

8. Acknowledgment.
BY INDICATING ACCEPTANCE BELOW, THE END-USER ACKNOWLEDGES THAT IT HAS READ THIS LICENSE, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. Should you have any questions concerning this License, contact the Licensor at the address set forth above.

BlueG is a trading name of GlobalCAD Consultants Limited.

BlueG, BlueG (logo), GlobalCAD, GlobalCAD (logo), Visual Explorer, Visual Explorer (logo), Visual Explorer Ultimate, Visual Explorer Ultimate (logo), BonusPlay, BonusPlay (logo), Ultimate Downloader, Ultimate Downloader (logo), Print as Web Page, Cloaking Device, Video View, Remove Noise are trademarks of GlobalCAD Consultants Limited. Copyright (c) GlobalCAD Consultants Limited. All rights reserved.

Microsoft, ActiveX, Authenticode, Internet Explorer, Jscript, Visual C++, Visual Studio, Win32, Windows, Windows Vista and Zune are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries.

Adobe and Flash are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries.

This software uses libraries from the FFmpeg project under the LGPLv2.1 and its source code can be downloaded in ZIP format from http://www.visual-explorer.com/downloads/ffmpeg-git-2011-03-29.zip. FFmpeg is a trademark of Fabrice Bellard, available online at http://ffmpeg.org.