Video Player End User License Agreement (“Eula” or “Agreement”)
Last Updates: Nov 3rd, 2019
CAREFULLY READ AND BE SURE YOU UNDERSTAND THE TERMS AND CONDITIONS OF THIS EULA BEFORE YOU ACCEPT ITS PROVISIONS AND USE THE PRODUCT.
Description of Product
This Video Player Product implements an advanced technology capabilities to enable end user to view any video content in high speed and top quality.
Accepting the Terms
- The Product is directed for use by adults. By installing the Product, you are confirming that you are of legal age to form a binding contract, that you are authorized to install the Product and that you agree to comply with all applicable laws, rules and regulations.
Subject to your full acceptance of and compliance with the terms and conditions of this Agreement, we hereby grant to you, and you hereby accept, a limited personal, fully revocable, non-exclusive, non-transferable, non-sub-licensable license to download, install and use the Product solely on your computer and for your personal use (the “License”).
Between you and us, we own and retain all rights, titles and interests in and to the Product, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights. The Agreement does not transfer to you any right and/or title to or in the Product. You do not acquire any rights to the Product except as expressly speciﬁed in the Agreement. You agree that any comments, suggestions or any other feedback you provide us, relating to the Product may be used by us for any purpose, without restriction, for any purpose. You hereby waive any claim for any form of compensation for any contribution you may provide according to this section.
Third Party Services
The Product may use, embed or refer to 3rd party features, technologies, features and other services. In cases where such services are being served to you directly by such 3rd parties, their respective terms of service and privacy policies will be provided to you and will govern your use and engagement with such services.
THE PRODUCT IS PROVIDED ON AN "AS IS," AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE PRODUCT. WE WILL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY USE OF THE PRODUCT.
Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PRODUCT OR ANY SERVICE PROVIDED UNDER THE AGREEMENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CCPPMM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE LOWER OF THE SUM YOU PAID TO USE THE PRODUCT OR FIFTY DOLLARS ($50 USD).
Copyright Information and the Digital Millennium Copyright Act
The Company respects the intellectual property rights of third parties. While using the Product, you may not send, upload, transmit or otherwise make available any material (in any medium whatsoever) that infringes any copyright rights of any person, entity, or third party. The Company does not actively monitor for this type of activity. However, complaints submitted to us by copyright holders or their agents in compliance with the Digital Millennium Copyright Act (the"DMCA") are taken seriously and, at the Company's discretion, may result in the removal of any content found to be violating these rights, in addition to other actions or penalties.
If you believe that any material displayed through the Product infringes your copyright, please send the Company™s agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or that you are authorized to act on the owner's behalf; and (f) your physical or electronic signature. Notice of claimed infringement can be sent by email to support@AvantisVideo.com.
Governing Law and Arbitration
- Except to the limited extent noted below, any controversy, claim or dispute arising out of or relating to this Agreement or your use of the Product shall be resolved by final and binding arbitration. The arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules and Mediation Procedures (collectively, the Rules). In the event of any conflict between the Rules and this Agreement, this Agreement shall govern.
- This Agreement, and any claims, controversies, or disputes arising out of or relating to your use of the Product, shall be construed in accordance with and governed by the laws of your home state of residence in the United States, without regard to any choice (or conflict) of law rules.
You shall indemnify us and anyone on our behalf, including our directors, officers, employees, third party service providers and vendors from and against any and all liabilities, damages, claims, or proceedings arising out of your violating the Agreement.
Modification of the Agreement
We may modify or change the Product, some features, services and/or this Eula at any time. We recommend to regularly review this Eula to follow any change. You can determine when this Eula was last revised by referring to the date it was “Last Updated” above.
- This Agreement set forth all of your rights to use the Product and make up the entire agreement between the parties. The Agreement supersede any other communications, representations or advertising relating to the Product that is the subject of the Agreement.
- No provision hereof shall be deemed waived unless there is a written waiver signed by an authorized our representative.
- If any provision of the Agreement is held invalid, the remainder of it shall continue in full force and eﬀect. To the extent that an otherwise invalid provision can be construed so as to be valid, that provision shall be so construed.
- All rights not expressly set forth hereunder are reserved by us.
- The descriptive headings in this EULA have been inserted for convenience and shall not limit or otherwise aﬀect the construction or interpretation of this EULA.
- You may not assign your rights under this EULA without our express written permission
How to Contact the Company
If you have any questions about the Product or this Agreement, please email us at support@AvantisVideo.com.