Important! - This is a legal agreement between you, the end user (User), and Hiroyuki Hori (the Creator) and Pegasys, Inc. The Creator and Pegasys, Inc will be referred to hereinafter collectively as Pegasys. Once you install/use TMPGEnc Free Version Software (English) (the TMPGEnc Software) you shall be deemed to have agreed to all terms and conditions described in this document.
1. Grant of license
Subject to the terms and conditions of this Agreement, Pegasys grants non-exclusive, non-transferable license of TMPGEnc Software.
a) Copyrights and any other intellectual property regarding the TMPGEnc Software belong to the Creator exclusively.
b) The User may not rent, lease or transfer the TMPGEnc Software to a third person/party, may not give the TMPGEnc Software as security without prior written notice to Pegasys.
c) Reverse engineering, reverse assembling and reverse compiling are all expressly prohibited. In no event shall Pegasys or its suppliers be liable for any loss or damage arising from such reverse engineering, reverse assembling or reverse compiling.
3. User support
This License does not warrant User support or error correction of the TMPGEnc Software. User understands the TMPGEnc software is not a Freeware for which you can expect user support. Information regarding the use of the TMPGEnc Software may be available from the bulletin board system at the TMPGEnc website or other places.
This agreement comes into effect at the date on which the TMPGEnc Software is first installed, accessed or used on the Users computer.
5. NO COMMERCIAL USES
The TMPGEnc Software is for non-commercial, personal or demonstration purposes ONLY. Any and all commercial uses of TMPGEnc Software are expressly prohibited. Commercial versions of TMPGEnc Software are available at https://tmpgenc.pegasys-inc.com. Any commercial use of TMPGEnc Software constitutes a material breach of this License and the License terminates immediately.
6. Advertisement Display
a) The User acknowledges that the TMPGEnc Software is designed for advertising use and displays an advertisement banner that is automatically updated.
b) Any modifications, changes, corruption of interference with the display and performance of the advertisement banner is expressly prohibited and is a material breach of this agreement.
c) Pegasys expressly disclaim any liability for any direct or incidental loss, including but not limited to loss of benefit, discontinuation of business or loss of business information arising out of, caused by, or related to the advertisement display.
d) When retrieving an advertisement banner, information such as the TMPGEnc Software version and other information are registered in the advertisement banner distribution server and may become public information. The identity of the User cannot be deduced from the collected information. Pegasys disclaims all liability for any misuse of information stored on the advertisement distribution server.
The User expressly acknowledges and agrees that use of the TMPGEnc Software is at his or her sole risk. The TMPGEnc Software is provided "AS IS" and without warranty of any kind.
a) Pegasys shall not be liable for damage of end User arising from loss of TMPGEnc Software.
b) PEGASYS EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. PEGASYS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE TMPGENC SOFTWARE WILL MEET THE USER REQUIREMENTS, OR THAT THE OPERATION OF THE TMPGENC SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE TMPGENC SOFTWARE WILL BE CORRECTED. FURTHERMORE, PEGASYS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE TMPGENC SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PEGASYS OR AN AUTHORIZED PEGASYS REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE TMPGENC SOFTWARE PROVE DEFECTIVE, USER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO THE USER. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING PEGASYS PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY PEGASYS NEGLIGENCE.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PEGASYS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO USER. IN NO EVENT SHALL PEGASYS BE LIABLE FOR ANY DAMAGES WHATSOEVER.
The Users rights under this License will terminate automatically without notice from Pegasys if the User fails to comply with any term(s) of this License.
a) Pegasys may terminate this agreement if the User violates any terms herein. In the case of termination by Pegasys for any reason, the Users right to use the TMPGEnc Software ceases immediately.
b) This agreement will be terminated automatically if the User has a new agreement with Pegasys for new versions of the TMPGEnc Software.
c) The User may terminate this agreement by discarding the TMPGEnc Software (with manual and all other documents, and its copy).
d) Upon termination of this agreement, the User must cease use and destroy all copies of the TMPGEnc Software.
10. Controlling Law and Severability
This License shall be governed by the laws of Japan. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. Any suit, action or proceeding relating this Agreement shall be commenced at the Tokyo District Court, Japan.
a) The User shall not translate the TMPGEnc Software into languages other than English. The User shall not distribute programs or patches to change the language or other settings of the TMPGEnc Software.
b) This agreement is given higher priority over previous agreements that are made between User and Pegasys (if any). Pegasys have the right to modify, change the content of this agreement and make other notices / announcements. Upon the renewal of this agreement, all previous agreements shall be automatically updated to the latest agreement renewed by Pegasys.
Pegasys Inc. 5F Grace Ryogoku Bld, 3-21-1 Ryogoku Sumida-ku Tokyo 130-0026, Japan