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