Software Products: Object of this agreement is the Nero software suite, comprising a selection of components, that varies with different suite types, from the following list: Nero Burning ROM, Nero Express, Nero Scout, InCD, InCD Reader, Nero StartSmart, Nero Toolkit, Nero CoverDesigner, Nero WaveEditor, Nero SoundTrax, Nero BackItUp, Nero ImageDrive, Nero Home, Nero Vision, Nero Recode, Nero ShowTime, Nero PhotoSnap, Nero PhotoSnap Viewer, Nero MediaHome, Nero PhotoShow Elite, Nero PhotoShow Deluxe, Nero PhotoShow Express, WMA Plug-in, Multichannel Plug-in, DVD-Video Plug-in and/or Nero Fast CD-Burning Plug-in ("Software")
Licensor: Nero AG ("Nero")
This is a legal agreement between you, the "end user", and Nero AG, Im Stoeckmaedle 18, 76307 Karlsbad, Germany.
Conclusion of the contract
This agreement is EFFECTIVE
A. By opening the sealed packing of Nero´s Software on the "effective date," you are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, promptly return the Software and all the accompanying items (including written materials and binders or other containers) to the place you obtained them for a full refund.
B. BY INSTALLING THE DOWNLOADED NERO, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY MEANS OF CLICKING THE “ACCEPT” BUTTON ON THE WEBSITE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY UNINSTALL AND DELETE THE SOFTWARE AND ALL THE ACCOMPANYING ITEMS (INCLUDING DOCUMENTATION OR MANUALS) If the terms of this agreement COMPRISE an offer by Nero, then your acceptance is expressly limited to the terms contained herein.
The terms of your license agreement ("Agreement") for the Software described above depend on whether you purchased the Software from:
(1) a Nero OEM partner; or
(2) Nero or a Nero distributor or
(3) Downloaded the Software.
If the jewel box in which you received the Software includes the word "OEM" on its cover (or on the CD itself), you have acquired a copy of the Software from a Nero OEM partner.
If the jewel box in which you received the Software has only Nero's label on it and does not include the word "OEM" on its cover (or on the CD itself), you have acquired a copy of the Software from either Nero or a Nero distributor.
If you downloaded the Software which allows you to install only under the condition that you need to connect a hardware device to your PC, you have acquired a copy of the Software from a Nero OEM partner.
A. LICENSE TERMS AND CONDITIONS APPLICABLE TO SOFTWARE ACQUIRED FROM OEM PARTNER
I. Grant of license
This Agreement permits you to use one copy of the Software acquired with this license on any single computer ("OEM License"), provided the Software is in use on only one computer at any given time. If you have acquired a multiple license for the Software, then at any one time you may have in use up to as many copies of the Software as you have licenses. The Software is "in use" on a computer when it is loaded into the temporary memory or installed into the permanent memory (e.g. hard disk, CD ROM, or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not considered "in use". If the anticipated number of users of the Software might exceed the authorized number of applicable licenses, then you must have a reasonable mechanism or process in place to assure that the number of concurrent uses of the Software does not exceed the number of licenses.
The OEM License granted herein is only valid if acquired as a bundle with CD/DVD-Recording hardware.
The Software is owned by Nero or its licensors and is protected by copyright laws, international treaty provisions, and other national laws. You agree that you have no right, title or interest in the Software, except as set forth in Subsection I. If the Software is not copy protected you may either
(a) make one copy of the Software solely for backup or archival purposes, or
(b) transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes.
Product manual(s) or written materials accompanying the Software may not be copied.
III. Other restrictions
You may not rent or lease the Software, but you may permanently transfer your rights under this Agreement provided that: (i) you transfer all copies of the Software and all written materials; (ii) the recipient agrees to be bound by the terms of this Agreement; and (iii) you remove any and all copies of the Software from your computer and cease any further use of the Software. Any transfer must include the most recent update and all prior versions. You may not copy the Software except as expressly set forth above. You may not reverse engineer, decompile or disassemble the Software, and you are not allowed to post or otherwise make the Software available on the World Wide Web. If you did not acquire the Software in its original packaging and you are not a transfer recipient under this subsection, you are not licensed to use the Software.
Updates and upgrades: The software will be maintained by Nero by means of updates and upgrades and provided with new specifications. An update is a new release of an existing software product and is provided to the customer free of charge by Nero. An upgrade is a major functional enhancement to the software and can be purchased via the Nero website ( http://www.nero.com
). Should you decide to install an update, the provisions of this software licensing agreement will apply and you will receive the right to use the software obtained by means of the update in accordance with the provisions of this software licensing agreement. Should you purchase a software upgrade to a newer version, you will be entitled to use both the originally purchased Nero version and the upgrade as standalone products in accordance with the provisions of this software licensing agreement. The entitlement to use the upgrade as a standalone product is, however, contingent on your continued possession of the originally purchased Nero software. This upgrade arrangement refers exclusively to all Nero upgrades.
NERO MAKES NO WARRANTIES TO YOU IN CONNECTION WITH THIS OEM LICENSE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The party from whom you purchased the product with which this Software has been bundled may have warranty and/or support obligations to you.
V. No liability for consequential damages
In no event shall Nero or its licensors be liable for any other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use the Software, even if Nero has been advised of the possibility of such damages. Nero OEM Partners are liable for those damages concerning software purchased from OEM. Legal claims concerning product liability facing Nero due to Regulation 85/374/EEC will be granted and are not subject of this agreement.
VI. Reservation of proprietary rights
All proprietary rights on delivered Software are reserved to Nero unless all claims against the End User are paid off or the cheque is cashed in. If reservation of proprietary rights is performed by Nero, the End User is no longer entitled to use the Software furthermore. All copies made of Nero´s Software have to be deleted completely and ultimately by the End User.
VII. Duration of the agreement
The agreement is concluded for an undefined period of time. By violating the provisions about copyright and other restrictions according to II. and III. the End User is no longer entitled to use Nero´s Software and its accompanying items. In this case End User is obligated to resend original discs and all copies of data carriers and to erase completely and ultimately all data from End User´s computer established by means of Nero´s Software. The observance of this agreement is conditional for the legal use of the Software and its accompanying items. In case of intentional violation of any obligation stipulated in this agreement by the End User, Nero is entitled to terminate this agreement extraordinarily and immediately.
VIII. Safeguard measures
End User will keep the Software in safe custody and will indicate his members of household to follow the obligations stipulated in this agreement. End User will follow all relevant legal provisions, especially the laws on intellectual property and copyright.
THE SOFTWARE IS DESIGNED TO ASSIST YOU IN REPRODUCING MATERIAL IN WHICH YOU OWN THE COPYRIGHT OR HAVE OBTAINED PERMISSION TO COPY FROM THE COPYRIGHT OWNER. UNLESS YOU OWN THE COPYRIGHT OR HAVE PERMISSION TO COPY FROM THE COPYRIGHT OWNER, YOU MAY BE VIOLATING COPYRIGHT LAW AND BE SUBJECT TO PAYMENT OF DAMAGES AND OTHER REMEDIES. IF YOU ARE UNCERTAIN ABOUT YOUR RIGHTS, YOU SHOULD CONTACT YOUR LEGAL ADVISOR. YOU ASSUME FULL RESPONSIBILITY FOR THE LEGAL AND RESPONSIBLE USE OF THE SOFTWARE.
X. Web Search Feature
Nero has integrated in some of Nero' software applications a feature that enables you to enter a search request through the Software which will provide you with search results from a variety of sources, including the World Wide Web (the “Web Search Feature”). Nero and its affiliates do not and cannot guarantee the continuous operation of this Web Search Feature. Nero reserves the right to change the functionality of this feature or to cease supporting or integrating such feature into the Software without further notice to you.
You acknowledge and agree that Nero and its affiliates shall not be liable for any delays, failures or outages relating to or arising out of use of the Web Search Feature. The Web Search Feature is provided under license from Yahoo Inc., USA. For additional information concerning the Web Search Feature, please visit http://www.nero.com
B. LICENSE TERMS AND CONDITIONS APPLICABLE TO SOFTWARE ACQUIRED FROM NERO OR A NERO DISTRIBUTOR
The license terms and conditions applicable to Software purchased from Nero or a Nero Distributor are exactly the same as set forth in Section A above, except that Subsection I (Grant of license) and Subsection IV (Warranties) and Subsection V (liability for consequential damages) shall read as follows:
I. Grant of license
This Agreement permits you to use one copy of the Software acquired with this license on any single computer, provided the Software is in use on only one computer at any given time. If you have acquired a multiple license for the Software, then at any one time you may have in use up to as many copies of the Software as you have licenses. The Software is "in use" on a computer when it is loaded into the temporary memory or installed into the permanent memory (e.g. hard disk, CD ROM, or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not considered "in use". If the anticipated number of users of the Software might exceed the authorized number of applicable licenses, then you must have a reasonable mechanism or process in place to assure that the number of concurrent uses of the Software does not exceed the number of licenses.
(1) Defects in the Software supplied including the manuals and other documentation shall be corrected by Nero within the warranty period of two years from delivery following appropriate notification by the user. This shall take the form of rectification of defects or replacement delivery at the user's choice.
(2) Should Nero not be prepared or able to effect this rectification or replacement delivery, or should this take longer than a suitable deadline set by the user or fail for other reasons, the user shall be entitled to withdraw from the Contract or to demand that the sale be canceled or the purchased price reduced. Failure to rectify the defects or effect replacement delivery shall only be assumed if Nero has been afforded ample opportunity to effect the rectification or replacement delivery without the desired success being achieved, if the rectification or replacement delivery is not possible or if it is refused or unacceptably delayed by Nero, or if the rectification of defects has already been performed unsuccessfully twice. The right of the user to demand compensation under § 437 of the German Civil Code remains unaffected.
(3) The user is aware that it is not possible to create software programs with zero defects. Nero shall only warrant against software defects that significantly reduce the Software's value or suitability for use as stipulated in the contract.
(4) It is the responsibility of the user to determine the destination for use of the software and to select the suitable hardware/computer types. Nero shall not be liable for this.
(5) Unless otherwise specified in III., Nero shall only be liable for damage to the Software supplied itself; in particular Nero shall accept no liability for loss of data or other indirect losses.
If failure of the Software is the result of accident, abuse, or misapplication, this warranty shall be void. Any replacement Software will be warranted for the remainder of the original warranty. NERO MAKES NO WARRANTIES TO YOU IN CONNECTION WITH IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
III. Liability for consequential damages
Nero is liable for damages due to lack of property, especially for violating third party copyrights. Nero does not accept liability for any offences against this agreement caused by negligence, except from offences that caused physical injury. Legal claims concerning product liability facing Nero due to Regulation 85/374/EEC will be granted and are not subject of this agreement.
C. TERMS AND CONDITIONS APPLICABLE TO ALL LICENSES
I. Third Party Disclaimer and Limitations
a.) WM-DRM: Content providers are using the Microsoft digital rights management technology for Windows Media (“WM-DRM”) to protect the integrity of their content (“Secure Content”) so that their intellectual property, including copyright, in such content is not misappropriated. Portions of this Software and other third party applications (“WM-DRM Software”) use WM-DRM to transfer or play Secure Content. If the WM-DRM Software’s security has been compromised, owners of Secure Content (“Secure Content Owners”) may request that Microsoft revoke the WM-DRM Software’s right to copy, display, transfer and/or play Secure Content. Revocation does not alter the WM-DRM Software’s ability to play unprotected content. A list of revoked WM-DRM Software is sent to your computer whenever you download a license for Secure Content from the Internet. Microsoft may, in conjunction with such license, also download revocation lists onto your computer on behalf of Secure Content Owners. Secure Content Owners may also require you to upgrade some of the WM-DRM components distributed with this Software (“WM-DRM Upgrades”) before accessing their content. When you attempt to play such content, WM-DRM Software built by Microsoft will notify you that a WM-DRM Upgrade is required and then ask for your consent before the WM-DRM Upgrade is downloaded. WM-DRM Software used by third parties may do the same. If you decline the upgrade, you will not be able to access content that requires the WM-DRM Upgrade; however, you will still be able to access unprotected content and Secure Content that does not require the upgrade.
If the product you purchased was provided as "MPEG-2 Royalty Product" the following applies:
MPEG-2 ROYALTY PRODUCT. ANY USE OF THIS PRODUCT OTHER THAN CONSUMER PERSONAL USE IN ANY MANNER THAT COMPLIES WITH THE MPEG-2 STANDARD FOR ENCODING VIDEO INFORMATION FOR PACKAGED MEDIA IS EXPRESSLY PROHIBITED WITHOUT A LICENSE UNDER APPLICABLE PATENTS IN THE MPEG-2 PATENT PORTFOLIO, WHICH LICENSE IS AVAILABLE FROM MPEG LA L.L.C., 250 STEELE STREET, SUITE 300, DENVER, COLORADO 80206. OTHER THIRD-PARTY LICENSES INCLUDED ONLY IF GRANTED IN WRITTEN.
If the product you purchased was not provided as "MPEG-2 Royalty Product" the following applies:
MPEG-2 INTERMEDIATE PRODUCT. USE OF THIS PRODUCT IN ANY MANNER THAT COMPLIES WITH THE MPEG-2 STANDARD IS EXPRESSLY PROHIBITED WITHOUT A LICENSE UNDER APPLICABLE PATENTS IN THE MPEG-2 PATENT PORTFOLIO, WHICH LICENSE IS AVAILABLE FROM MPEG LA, L.L.C., 250 STEELE STREET, SUITE 300, DENVER, COLORADO 80206. OTHER THIRD-PARTY LICENSES INCLUDED ONLY IF GRANTED IN WRITTEN.
c.) MPEG-4: Use of this product in any manner that complies with the MPEG-4 Visual Standard is prohibited, except for use by a consumer engaging in personal and non-commercial activities.
d.) MP3 and mp3PRO: Supply of this product only conveys a license for private, non-commercial use and does not convey a license nor imply any right to use this product in any commercial (i.e. revenue-generating) real time broadcasting (terrestrial, satellite, cable and/or any other media), broadcasting / streaming via Internet, intranets and/or other networks or in other electronic content distribution systems, such as pay-audio or audio-on-demand applications. An independent license for such use is required. For details, please visit http://www.mp3licensing.com
e.) Dolby: Supply of this implementation of Dolby Technology does not convey a license nor imply a right under any patent, or any other industrial or intellectual property right of Dolby Laboratories, to use this implementation in any finished end-user or ready-to-use final product. It is hereby notified that a license for such use is required from Dolby Laboratories.
Confidential information - Limited distribution to authorized persons only. This Dolby Software is protected under U.S. copyright laws as an unpublished work. They are confidential and proprietary to Dolby Laboratories. Their reproduction or disclosure, in whole or in part, or the production of derivative works therefrom without the express permission of Dolby Laboratories is prohibited. Do not copy. Copyright © 1992-1999 Dolby Laboratories, Inc. All rights reserved.
f.) aac: The aac Plug-In is using the MP4 file format I/O library. This library is available under MPL from http://www.mpeg4ip.net
. aacPlus developed by Coding Technologies (“CT”). http://www.codingtechnologies.com
Trademarks of CT are the property of CT.
g.) OpenSSL License: Open SSL is copyright (c) 1998-2005 The OpenSSL Project. All rights reserved. Redistribution and use of Open SSL in source and binary forms, with or without modification, are permitted provided that the following conditions are met: 1. Redistributions of Open SSL source code must retain the above copyright notice, this list of conditions and the following disclaimer. 2. Redistributions of Open SSL in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. 3. All advertising materials mentioning features or use of the Open SSL software must display the following acknowledgment: "This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit. ( http://www.openssl.org/
)" 4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact firstname.lastname@example.org
. 5. Products derived from this software may not be called "OpenSSL" nor may "OpenSSL" appear in their names without prior written permission of the OpenSSL Project. 6. Redistributions of any form whatsoever must retain the following acknowledgment: "This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit ( http://www.openssl.org/
)". Open SSL TOOLKIT IS PROVIDED BY THE OpenSSL PROJECT “AS IS” AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OpenSSL PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
h.) PuTTY: Nero BackItUp uses PuTTY to transfer data over SSH. PuTTY is copyright 1997-2005 Simon Tatham. Portions of PuTTY are copyright Robert de Bath, Joris van Rantwijk, Delian Delchev, Andreas Schultz, Jeroen Massar, Wez Furlong, Nicolas Barry, Justin Bradford, Ben Harris, Malcolm Smith, Ahmad Khalifa, Markus Kuhn, and CORE SDI S.A. Permission is hereby granted, free of charge, to any person obtaining a copy of PuTTY and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: PuTTY IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL SIMON TATHAM BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
i.) AES: AES software used in Nero BackItUp is copyright (c) 2002, Dr Brian Gladman, Worcester, UK. All rights reserved. The free distribution and use of AES software in both source and binary form is allowed (with or without changes) provided that: 1. Distributions of the AES source code include the above copyright notice, this list of conditions and the following disclaimer; 2. Distributions in binary form include the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other associated materials; 3. The copyright holder's name is not used to endorse products built using the AES software without specific written permission. AES software is provided 'as is' with no explicit or implied warranties in respect of its properties, including, but not limited to, correctness and/or fitness for purpose. The AES source code can be fetched from http://fp.gladman.plus.com
II. Governing Law: If any dispute shall arise pursuant to any provision of this Agreement, the plaintiff may choose place of performance or residence of the defendant as place of jurisdiction. . If any term or provision of this Agreement shall be declared invalid in arbitration or by a court of competent jurisdiction, such invalidity shall be limited solely to the specific term or provision invalidated, and the remainder of this Agreement shall remain in full force and effect, according to its terms. Any provision declared invalid shall be modified to the legal provisions.
Copyright © 1996-2006 Nero AG and its licensors. All rights reserved.
Portions of the Software utilize Microsoft Windows Media Technologies. Copyright © 1999-2002. Microsoft Corporation. All Rights Reserved. This product contains portions of imaging code owned by Pegasus Software LLC, Tampa, FL ( http://WWW.PEGASUSTOOLS.COM
). Virus-checker is copyright (c) by Igor Daniloff, 1992-2006.
"Nero" is a trademark of Nero AG. Windows is a registered trademark of Microsoft Corporation. Windows Media and the Windows logo are trademarks or registered trademarks of Microsoft Corporation in the United States and/or other countries. The word “Dolby” and the double-D symbol are trademarks of Dolby Laboratories. Other product and brand names may be trademarks of their respective owners. Manufactured under license from Dolby Laboratories. MPEG Layer-3 audio compression technology licensed by Fraunhofer IIS and THOMSON. mp3PRO audio compression technology licensed by Coding Technologies, Fraunhofer IIS and THOMSON. This product is furnished under U.S. and foreign patents owned and licensed by AT&T Corp.
Nero reserves the right to change specifications without notice. Use of this product is subject to the acceptance of the End User license agreement upon installation of the Software. http://www.nero.com
If you have any questions concerning this Agreement, please contact us <mailto:email@example.com>.