Download SimpliCD User Manual

LICENSE AGREEMENT
IMPORTANT:
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE.
This document is an agreement (“Agreement”) between you, the end user (“You”), and Oak Technology, Inc. (“Oak”) that sets forth Your rights and
obligations regarding use of the SimpliCD® software (the “Software”). BY INSTALLING THE SOFTWARE YOU ARE AGREEING TO BECOME
BOUND BY THE TERMS OF THIS AGREEMENT, WHICH INCLUDES THE LICENSE AND DISCLAIMER OF WARRANTY AND LIABILITY. IF
YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT DO NOT INSTALL THE SOFTWARE AND RETURN THE SOFTWARE
IMMEDIATELY TO OAK. The Software is provided by Oak, subject to Your agreement to the terms and conditions below.
1.
LICENSE. Oak hereby grants You a personal, restricted, non-exclusive, non-transferable, non-assignable, revocable copyright license
during the term of this Agreement to use the Software on one (1) authorized computer system at one (1) physical location. The rights and licenses to
the Software that are granted under this Agreement are non-transferable, and may under no circumstances be sub-licensed to any third party. You shall
not, and shall not allow any third party to disassemble, decompile, reverse engineer or otherwise alter or modify the Software.
2.
COPIES. You may not copy the Software, or any part of the Software, except when making a single copy of the Software for backup or
archival purposes only. The single backup/archival copy must contain all proprietary legends that are on the original Software. You may be held legally
responsible for any copying or copyright infringement, which is caused by or encouraged by your failure to abide by the terms of this restriction.
3.
OWNERSHIP. Oak retains all right, title, and ownership in the Software, any modifications or derivative works based on the Software, and
any technical documentation accompanying the Software, including all patent rights, copyrights, trade secret rights and other proprietary rights in all
of the foregoing.
4.
PROPRIETARY SOFTWARE. The Software is proprietary to Oak Technology, Inc., located at 139 Kifer Court, Sunnyvale, California
94086, and Oak’s suppliers.
5.
SPECIAL CONDITIONS. You acknowledge and agree that in order to protect the integrity of certain third party content, Oak and its
licensors may provide for the Software security related updates that will be automatically downloaded and installed on your computer. Such security
related updates may impair the Software (and any other software on your computer which specifically depends on the Software) including disabling
your ability to copy and/or play “secure” content, i.e., content protected by digital rights management. In such an event, Oak and/or its licensors shall
use reasonable efforts to promptly post notices on the Oak web site explaining the security update and providing instructions to end-users for obtaining
new versions or further updates of the Software that restore access to secure content and related features.
6.
INTELLECTUAL PROPERTY MARKINGS. You agree not to remove or destroy any proprietary, trademark or copyright markings or
notices or confidentiality legends placed upon or contained within the Software or any associated documentation.
7.
DISCLAIMERS OF WARRANTY. OAK AND ITS LICENSORS MAKE NO WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, WITH RESPECT TO THE SOFTWARE. THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY. ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE
SPECIFICALLY DISCLAIMED BY OAK AND ITS LICENSORS. OAK AND ITS LICENSORS DISCLAIM ANY WARRANTY OR REPRESENTATION TO ANY THIRD PERSON WITH RESPECT TO THE SOFTWARE.
8.
LIMITATION OF LIABILITY. IN NO EVENT SHALL OAK OR ITS LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY
CLAIMING RIGHTS THROUGH YOU FOR ANY LOSS OF USE, LOST PROFITS, LOST OPPORTUNITIES, OR OTHER INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SOFTWARE, EVEN IF OAK OR ITS
LICENSORS HAVE BEEN ADVISED OR KNOW OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL OAK’S
TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE FEE PAID FOR THE SOFTWARE REGARDLESS OF
WHETHER ANY ACTION OR CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY.
9.
TERM AND TERMINATION. This Agreement is effective from the date on which You install the Software and shall continue in effect
unless terminated. This Agreement will terminate if You fail to comply with any term or condition herein. In the event that You do not comply with the
Agreement, Oak may, in addition to any other remedy it may have at law, in equity, or otherwise, terminate the Agreement and Your license to use the
Software. Immediately upon termination, You shall destroy all copies of the Software in Your possession and all information and documentation
provided to You by Oak. In the event of such termination, sections 2,3,4,6,7,8,9,11
& 12 shall survive termination of this Agreement for any reason.
10.
MAINTENANCE AND SUPPORT. Oak shall have no obligation to provide maintenance or support of the Software.
11.
EXPORT. You shall not export any of the Software from Oak, directly or indirectly, to any person or country in violation of any United
States statute or regulation in effect at the time of export, including but not limited to the regulations of the Bureau of Export Administration of the
United States Department of Commerce, nor shall You permit any of other person or entity to do so.
12.
GENERAL. The parties agree that this Agreement constitutes the complete and exclusive statement of the terms and conditions between Oak
and You covering the subject matter hereof and cannot be altered, amended, or modified. You shall not assign this Agreement, any attempt to do so
shall be null and void, and shall terminate the rights and licenses granted herein. The rights of Oak and Your obligations under this Agreement shall
inure to the benefit of Oak’s successors and assigns. Oak’s waiver of any right shall not constitute a waiver of that or any other right in the future. If
any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, it shall be deemed omitted and the remaining
provisions shall continue in full force and effect. The rights and obligations of the parties to this Agreement shall be governed and construed in
accordance with the laws of the State of California and You consent to the jurisdiction of the state courts of California (Santa Clara County) and the
federal courts located therein with respect to any dispute arising hereunder. The United Nations Convention on Contracts for the International Sale of
Goods shall not apply to this Agreement. The official language of this Agreement is English.
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
real time broadcasting (terrestrial, satellite, cable and/or any other media) or broadcasting via Internet and/or other networks, including, but not limited
to, intranets or in pay-audio or audio-on-demand applications. An independent license for such use is required. For details, please visit http://
www.mp3licensing.com.
Supply of this product does not convey a license under the relevant intellectual property of Thomson multimedia and/or Fraunhofer Gesellschaft nor
imply any right to use this product in any finished end user or ready-to-use final product. An independent license for such use is required. For details,
please visit http://www.mp3licensing.com.
MPEG Layer-3 audio coding technology licensed from Fraunhofer IIS and THOMSON multimedia.
THIS PRODUCT MAY BE USED TO ASSIST YOU IN REPRODUCING MATERIALS IN WHICH YOU: (i) OWN THE COPYRIGHT, (ii) HAVE
PERMISSION TO COPY UNDER EXISTING LAWS AND REGULATIONS, OR (iii) HAVE OBTAINED PERMISSION TO COPY FROM THE
COPYRIGHT OWNER. UNLESS YOU OWN THE COPYRIGHT OR ARE PERMITTED TO MAKE COPIES, YOU MAY BE VIOLATING
COPYRIGHT LAWS IN EFFECT IN YOUR LOCATION AND BE SUBJECT TO LEGAL LIABILITY FOR PAYMENT OF DAMAGES AND OTHER