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LUXEA Free Video Editor7.1.3
EULA - End User License Agreement
LUXEA FREE VIDEO EDITOR END USER LICENSE AGREEMENT
PLEASE READ THIS END USER LICENSE AGREEMENT (THE
AGREEMENT) CAREFULLY BEFORE USING THIS
NOTICE TO USER
BY RECEIVING AND/OR USING THIS ACD SYSTEMS INTERNATIONAL INC.
(ACD) SOFTWARE YOU ACCEPT AND AGREE TO BE BOUND BY THE FOLLOWING USER
AGREEMENT. THIS AGREEMENT IS A BINDING LEGAL AGREEMENT BETWEEN ACD AND THE
PURCHASERS, USERS OR EVALUATORS (YOU) OF THI S SOFTWARE. IF YOU DO NOT AGREE TO
BE BOUND BY THIS AGREEMENT, REMOVE THIS SOFTWARE FROM YOUR DEVICE NOW AND, IF
APPLICABLE, PROMPTLY RETURN TO ACD BY MAIL ANY COPIES OF THIS SOFTWARE AND
RELATED DOCUMENTATION AND PACKAGING IN YOUR POSSESSION.
1.
Definit ions Software means the computer software program known as LUXEA Free
Video Editor that accompanies this Agreement and includes any available software user
manuals, reference manuals and installation guides, or portions thereof, either in electronic or
printed form, in any media whatsoever. Use of this Software means that You have loaded,
installed, or run this Software on a device.
2.
Grant of Software License
2.1
Grant of Free License Subject to the terms of this Agreement, ACD grants to You a f ree,
limited, non exclusive, non transferable, worldwide license, without right to sub license, to Use
the object code version of this Software in accordance with this Agreement and any other
written agreement with ACD. ACD does not transfer title to this Software to You; the license
granted to You is not a sale.
2.2
Installation and Activation of Software You are responsible for the installation of this
Software. Others may obtain a copy of this Software from : http://www .acdsee.com
2.3
Use Restrictions You shall Use this Software in compliance with all applicable laws and
not for any unlawful purpose.
2.3
Uninstall instructions To uninstall this Software from Your device:
-
From the "Start" menu in Windows, se lect "Control Panel"
-
Select "Add/Remove Programs"
-
Select "LUXEA Free Video Editor"
-
Click "Uninstall"
For additional information visit
https://www.acdsee.com/support/
3.
Intellectual Property Restricti ons
ACDs name, trademarks, logo, and graphics file that represent this Software shall not be used
ACDs name, trademarks, logo, and graphics file that represent this Software shall not be used in any way to promote products developed with this Software. This Software contains in any way to promote products developed with this Software. This Software contains copyrighted material, trade secrets and other proprietary material. You copyrighted material, trade secrets and other proprietary material. You will not deliver, disclose, will not deliver, disclose, or convey to any third party, either directly or indirectly, the contents of this Software. You shall or convey to any third party, either directly or indirectly, the contents of this Software. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile this Software not, and shall not attempt to, modify, reverse engineer, disassemble or decompile this Software or alter or remove any proprieor alter or remove any proprietary rights or copyrights notice or identification which indicates tary rights or copyrights notice or identification which indicates ACDs ownership of this Software. You shall not create any derivative works or other works that ACDs ownership of this Software. You shall not create any derivative works or other works that are based upon or derived from this Software in whole or in part. ACD retains sole and exclusare based upon or derived from this Software in whole or in part. ACD retains sole and exclusive ive ownership of all right, title and interest in and to this Software and all intellectual property ownership of all right, title and interest in and to this Software and all intellectual property rights relating thereto. This Software is protected without limitation by Canadian and United rights relating thereto. This Software is protected without limitation by Canadian and United States copyright law and international copyright treaty proviStates copyright law and international copyright treaty provisions. All rights not expressly sions. All rights not expressly granted hereunder are reserved for ACD.granted hereunder are reserved for ACD.
3.1
3.1 Limited Warranty and Disclaimer Limited Warranty and Disclaimer You hereby acknowledge that You are solely You hereby acknowledge that You are solely responsible for selecting and installing the Software and that the Software may not satisfy all responsible for selecting and installing the Software and that the Software may not satisfy all your requirements or be free from defects. ACD specifically does not warrant that the Software your requirements or be free from defects. ACD specifically does not warrant that the Software will operate uninterruwill operate uninterrupted or error free. THE SOFTWARE IS PROVIDED AS IS WITHOUT ANY pted or error free. THE SOFTWARE IS PROVIDED AS IS WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION BY ACD OF ANY KIND, EXPRESS OR IMPLIED, REPRESENTATION, WARRANTY OR CONDITION BY ACD OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION OF MERCHANTABILITY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NONNON--INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE COURSE OF DEALING OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ACD OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SUPPLGIVEN BY ACD OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SUPPLIERS OR DISTRIBUTORS WILL IERS OR DISTRIBUTORS WILL CREATE A WARRANTY. ACD DOES NOT WARRANT, GUARANTEE OR MAKE REPRESENTATIONS CREATE A WARRANTY. ACD DOES NOT WARRANT, GUARANTEE OR MAKE REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE OF THE SOFTWARE IN TERMS OF CORRECTNESS, REGARDING THE USE, OR THE RESULTS OF USE OF THE SOFTWARE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. IF SUCH DISCLAIMER OF ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. IF SUCH DISCLAIMER OF REREPRESENTATIONS, WARRANTIES AND CONDITIONS IS NOT PERMITTED BY LAW, THE PRESENTATIONS, WARRANTIES AND CONDITIONS IS NOT PERMITTED BY LAW, THE DURATION OF ANY SUCH IMPLIED WARRANTIES OR CONDITIONS IS LIMITED TO NINETY (90) DURATION OF ANY SUCH IMPLIED WARRANTIES OR CONDITIONS IS LIMITED TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF DAYS FROM THE DATE OF DELIVERY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONIMPLIED WARRANTIES OR CONDITIONS OR LIMITATIONS ON HOW LONG AN IMPLIED DITIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION MAY LAST, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY WARRANTY OR CONDITION MAY LAST, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.TO YOU.
3.2
3.2 Limitation of ResponsibilityLimitation of Responsibility You will indemnify, hold harmless, and defend ACD, its You will indemnify, hold harmless, and defend ACD, its employees, agents and distributemployees, agents and distributors against any and all claims, proceedings, demands and costs ors against any and all claims, proceedings, demands and costs resulting from or in any way connected with Your use of this Software. IN NO EVENT WILL ACD resulting from or in any way connected with Your use of this Software. IN NO EVENT WILL ACD BE BE LIABLE ON ANY THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, STRICT LIABILITY, LIABLE ON ANY THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, STRICT LIABILITY, INDEMNITY, TORT (IINDEMNITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR DAMAGES WHICH, IN THE NCLUDING NEGLIGENCE), OR OTHERWISE, FOR DAMAGES WHICH, IN THE AGGREGATE, EXCEED THE PURCHASE PRICE OF THE SOFTWARE (MAXIMUM BEING THE LESSER AGGREGATE, EXCEED THE PURCHASE PRICE OF THE SOFTWARE (MAXIMUM BEING THE LESSER OF THE AMOUNT PAID BY YOU AND THE SUGGESTED RETAIL PRICE AS LISTED BY ACD) IN OF THE AMOUNT PAID BY YOU AND THE SUGGESTED RETAIL PRICE AS LISTED BY ACD) IN EXCHANGE FOR THE RETURN OF THE PRODUCEXCHANGE FOR THE RETURN OF THE PRODUCT, ALL COPIES, REGISTRATION PAPERS AND T, ALL COPIES, REGISTRATION PAPERS AND MANUALS, AND ALL MATERIALS THAT CONSTITUTE A TRANSFER OF LICENSE FROM YOU BACK MANUALS, AND ALL MATERIALS THAT CONSTITUTE A TRANSFER OF LICENSE FROM YOU BACK TO ACD. SUCH REIMBURSEMENT WILL ONLY OCCUR IF THE SOFTWARE WAS PURCHASED TO ACD. SUCH REIMBURSEMENT WILL ONLY OCCUR IF THE SOFTWARE WAS PURCHASED
DIRECTLY FROM ACD. IF YOU PURCHASED THE SOFTWARE THROUGH A RESELL
DIRECTLY FROM ACD. IF YOU PURCHASED THE SOFTWARE THROUGH A RESELLER, DISTRIBUTOR, ER, DISTRIBUTOR, RETAILER OR THIRD PARTY, YOU NEED TO REQUEST A REFUND DIRECTLY FROM SUCH PARTIES. RETAILER OR THIRD PARTY, YOU NEED TO REQUEST A REFUND DIRECTLY FROM SUCH PARTIES. IN NO EVENT WILL ACD ITS EMPLOYEES, AGENTS, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR IN NO EVENT WILL ACD ITS EMPLOYEES, AGENTS, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, AGGRAVATED OR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, AGGRAVATED OR CONCONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF OR RELATED TO THIS SEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, THIS SOFTWARE OR THE USE OR INABILITYAGREEMENT, THIS SOFTWARE OR THE USE OR INABILITY TO USE THIS SOFTWARE OR THE TO USE THIS SOFTWARE OR THE FURNISHING, PERFORMANCE OR USE OF ANY OTHER MATTERS HEREUNDER HOWEVER CAUSED, FURNISHING, PERFORMANCE OR USE OF ANY OTHER MATTERS HEREUNDER HOWEVER CAUSED, INCLUDING BUT NOT LIMITED INCLUDING BUT NOT LIMITED TO BUSINESS INTERRUPTION, LOSS OF DATA OR INFORMATION, TO BUSINESS INTERRUPTION, LOSS OF DATA OR INFORMATION, LOSS OF PROFITS, BUSINESS OPPORTUNITIES, OR GOOD WILL EVEN IF NOTIFIED OF THE LOSS OF PROFITS, BUSINESS OPPORTUNITIES, OR GOOD WILL EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.PURPOSE OF ANY REMEDY.
3.3
3.3 Export ComplianceExport Compliance YYou agree not to export or reou agree not to export or re--export the Software except in export the Software except in compliance with international trade laws, the export laws of any country where this Software is compliance with international trade laws, the export laws of any country where this Software is used and the United States Department of Commerce Bureau of Industry and Security Export used and the United States Department of Commerce Bureau of Industry and Security Export AdministratiAdministration Regulations (EAR), including but not limited to compliance with EAR restrictions on Regulations (EAR), including but not limited to compliance with EAR restrictions on export or reon export or re--export of the Software:export of the Software:
i)
i) to an embargoed country; to an embargoed country;
ii)
ii) to individuals and organizations prohibited from receiving US exports; andto individuals and organizations prohibited from receiving US exports; and
iii)
iii) in support of a proin support of a prohibited end usehibited end use
The license granted to You under this Agreement is on the condition that You comply with
The license granted to You under this Agreement is on the condition that You comply with applicable trade and export laws and You acknowledge that this license will be revoked if You applicable trade and export laws and You acknowledge that this license will be revoked if You do not comply with this section.do not comply with this section.
3.4
3.4 Governing LawGoverning Law ThThis Agreement shall be governed exclusively by the laws of the is Agreement shall be governed exclusively by the laws of the Province of British Columbia and the laws of Canada applicable therein excluding application of Province of British Columbia and the laws of Canada applicable therein excluding application of any conflict of laws principles and excluding the United Nations Convention on Contracts for the any conflict of laws principles and excluding the United Nations Convention on Contracts for the IInternational Sale of Goods and excluding the nternational Sale of Goods and excluding the International Sale of Goods Act International Sale of Goods Act (B.C.). You hereby (B.C.). You hereby irrevocably attorn and submit to the nonirrevocably attorn and submit to the non--exclusive jurisdiction of the courts of Victoria, British exclusive jurisdiction of the courts of Victoria, British Columbia, and any competent courts of appeal therefrom. Columbia, and any competent courts of appeal therefrom.
3.5
3.5 TerminationTermination Any failure by You to comply with the terms and conditions of this Any failure by You to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this Agreement including the Agreement will result in automatic and immediate termination of this Agreement including the license hereunder. Upon termination of this Agreement for any reason, You agree tlicense hereunder. Upon termination of this Agreement for any reason, You agree to o immediately cease Use of this Software and destroy all copies of this Software. Restrictions on immediately cease Use of this Software and destroy all copies of this Software. Restrictions on use, transfer and export, the provisions governing ownership and proprietary rights, limitations use, transfer and export, the provisions governing ownership and proprietary rights, limitations of liability and warranty disclaimers, governing law, and sucof liability and warranty disclaimers, governing law, and such other provisions as by their terms h other provisions as by their terms so provide or that may reasonably be expected to remain in force, shall survive the expiration so provide or that may reasonably be expected to remain in force, shall survive the expiration or termination of this Agreement.or termination of this Agreement.
3.6
3.6 Registration Registration To register this Software You can do one of the following: 1) submit tTo register this Software You can do one of the following: 1) submit the he registration information online through the registration screen found within this Software (if registration information online through the registration screen found within this Software (if applicable); or 2) submit the registration information online through ACDs Support pages at applicable); or 2) submit the registration information online through ACDs Support pages at
https://www.acdsee.com/
https://www.acdsee.com/support/support/. As a registered user, You will have the option to receive . As a registered user, You will have the option to receive helpful information and special email offers for ACD Users. helpful information and special email offers for ACD Users.
3.7
3.7 Consent to Use of DataConsent to Use of Data You agree that ACD may collect and use information gathered You agree that ACD may collect and use information gathered in any manner as part of the produin any manner as part of the product services provided to You, if any, related to this Software. ct services provided to You, if any, related to this Software. This information may include, but is not limited to, information about the Software and other This information may include, but is not limited to, information about the Software and other ACD products and services including details of platform version, version of the Software, license ACD products and services including details of platform version, version of the Software, license sstatus, language, usage, and database. Various hardware parameters may also be collected. tatus, language, usage, and database. Various hardware parameters may also be collected. ACD may also use this information to provide notices to You which may be of use or interest to ACD may also use this information to provide notices to You which may be of use or interest to You. You can elect to not receive any further notices by selecting the You. You can elect to not receive any further notices by selecting the unsubscribe or change unsubscribe or change your preferences link included in every email you receive. The unsubscribe or change your your preferences link included in every email you receive. The unsubscribe or change your preferences link will allow you to visit our preference center which lists the publications You preferences link will allow you to visit our preference center which lists the publications You are subscribed to and allows You to unsubscriare subscribed to and allows You to unsubscribe or change Your preferences (You can logbe or change Your preferences (You can log--in to in to the preference center once You have submitted Your ethe preference center once You have submitted Your e--mail address to ACD and it has been mail address to ACD and it has been processed). The Software contains components that enable and facilitate the use of certain processed). The Software contains components that enable and facilitate the use of certain InternetInternet--based services. Yobased services. You acknowledge and agree that ACD may automatically check the u acknowledge and agree that ACD may automatically check the version of this Software that You are utilizing and may provide upgrades or fixes to this version of this Software that You are utilizing and may provide upgrades or fixes to this Software. To receive such upgrades or fixes, You must agree to the download when prompted. Software. To receive such upgrades or fixes, You must agree to the download when prompted. You are not obYou are not obligated to download any upgrades or fixes to this Software that are provided by ligated to download any upgrades or fixes to this Software that are provided by ACD. To review ACD privacy policy, please visit: ACD. To review ACD privacy policy, please visit: https://www.acdsee.com/privacyhttps://www.acdsee.com/privacy--policy/policy/..
4.
4. General Provisions General Provisions
No failure or delay in enforcing any right or exercising will be deemed a waiver of any right or
No failure or delay in enforcing any right or exercising will be deemed a waiver of any right or remedy.remedy.
If any provision of this Agreement is unenforceable or invalid for any reason whatever, such
If any provision of this Agreement is unenforceable or invalid for any reason whatever, such unenforceability or invalidity shall not affect the enforunenforceability or invalidity shall not affect the enforceability or validity of the remaining ceability or validity of the remaining provisions of this Agreement and such provision shall be severable from the remainder of this provisions of this Agreement and such provision shall be severable from the remainder of this Agreement.Agreement.
This Agreement constitutes the entire agreement between You and ACD with respect to the
This Agreement constitutes the entire agreement between You and ACD with respect to the subject matter hereof asubject matter hereof and supersedes all prior and contemporaneous proposals, agreements, nd supersedes all prior and contemporaneous proposals, agreements, understandings, representations, and communications, whether oral or written. understandings, representations, and communications, whether oral or written.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their
This Agreement shall be binding upon and inure to the benefit