Free Media Recorder Toolbar 1.4.0

EULA - End User License Agreement

Free Media Recorder Toolbar End-User License Agreement

Copyright 2008-2011 Jaksta Technologies Pty Ltd. All rights reserved.
Schedule

Item 1: Free Media Recorder Toolbar package consisting of Free Media Recorder, Free Radio Recorder, Free Media Converter, Free Cache Viewer and related software

IMPORTANT READ CAREFULLY: This End User License Agreement is a legal agreement between the LICENSEE and JAKSTA for the SOFTWARE PRODUCT(s) identified in item 1 of the Schedule. By installing, copying or otherwise using the SOFTWARE PRODUCT(s), the LICENSEE agrees to be bound by the terms of this EULA. If the LICENSEE does not agree to the terms of this EULA do not install, copy or use the SOFTWARE PRODUCT(s).

1. Definitions
The following definitions are applicable to this EULA.
1.1 EULA means this End User License agreement.
1.2 LICENSEE means YOU or the organisation (if any) on whose behalf YOU are taking the EULA.
1.3 SOFTWARE PRODUCT or SOFTWARE PRODUCT(s) or SOFTWARE means the software identified at item 1 in the Schedule and all associated media, printed materials and may include online or electronic documentation.
1.4 JAKSTA means Jaksta Technologies Pty Ltd, 147 Flinders Ave, Hillarys, WA 6025, Australia.
1.5 LICENSE means the license to use the SOFTWARE granted to the LICENSEE under this EULA.
1.6 TERMS means the terms and conditions that apply to all software and components of software that are not subject to this EULA or otherwise owned by JAKSTA.
1.7 YOU means an individual authorised to use the SOFTWARE as set forth herein.
1.8 FFMEG means the OPEN SOURCE SOFTWARE conversion software available from http://ffmpeg.mplayerhq.hu or its successor website.
1.9 ATTEMPT means to try to perform, make, or achieve.
1.10 OPEN SOURCE SOFTWARE means certain "open source" software packages selected by JAKSTA for inclusion in the SOFTWARE(s) distribution package.
1.11 3RD PARTY STREAMING MEDIA PROVIDERS means any 3rd party that provides via any means, streaming media services or downloadable data that may or may not be recordable or downloadable with the SOFTWARE.
1.12 3RD PARTY SEARCH PROVIDERS means any 3rd party that provides video, music and/or radio search facilities used by the SOFTWARE.
2. Grant of License
2.1 Freeware License. JAKSTA grants the LICENSEE an irrevocable, non transferable non exclusive LICENSE to install and use the SOFTWARE in respect of one computer at the same time or as provided by the TERMS (if any).
2.2 The LICENSEE is permitted to make copies of the SOFTWARE for backup and archival purposes.
3. Covenants
3.1 The LICENSEE hereby covenants to JAKSTA not to, nor permit or offer to: sell, rent, lease, translate, decompile, adapt, vary, modify, disassemble, reverse engineer, create derivative works of, modify, sub-license, loan, or distribute the SOFTWARE other than with the express and written permission of JAKSTA.
3.2 The LICENSEE further covenants not to distribute the SOFTWARE license keys except with the express and written permission of JAKSTA.
4. Assignment
4.1 The LICENSEE may not assign or transfer its rights and obligations in this EULA without the prior written consent of JAKSTA.
5. Termination
5.1 Upon the happening of any of the following events JAKSTA has the right to immediately terminate this EULA;
(1) The LICENSEE commits a breach of any of the covenants contained in clause 3.1 and 3.2.
(2) The LICENSEE attempts to assign or transfer its interest in the SOFTWARE to any other company or person without the express and written consent of JAKSTA.
5.2 The LICENSEE may terminate this agreement at any time by giving JAKSTA 30 days notice in writing of its decision to terminate this EULA.
5.3 Termination of this EULA will terminate the LICENSE but will not relieve the LICENSEE from any expressed or implied obligation under this EULA.
5.4 On termination of this EULA the LICENSEE will: (1) Immediately delete the SOFTWARE from any computer on which it is installed.
6. Warrants
6.1 JAKSTA warrants that the SOFTWARE will perform substantially in accordance with the Schedule and the accompanying written materials for thirty (30) days or the shortest time permitted by applicable law, whichever is greater.
6.2 The warranty under clause 6.1 does not apply to defects in the SOFTWARE due to accident, abuse, misapplication, abnormal use or a malware.
6.3 The LICENSEE acknowledges that errors may exist in the SOFTWARE and that JAKSTA will not be responsible for any loss or damage arising from any errors in the SOFTWARE.
6.4 The LICENSEE acknowledges that the core conversion software in the SOFTWARE is FFMPEG and that the SOFTWARE may not technically and/or legally be able to convert certain formats and/or types of media and therefore the warranty under clause 6.1 does not apply to the SOFTWARE(s) ability and/or inability to convert any particular media or media format.
6.5 The LICENSEE acknowledges that the SOFTWARE may send performance and/ or usage statistics to JAKSTA.
6.6 The LICENSEE acknowledges that OPEN SOURCE SOFTWARE has been selected by JAKSTA for inclusion in the SOFTWARE, and that OPEN SOURCE SOFTWARE is not owned by JAKSTA, and that OPEN SOURCE SOFTWARE is distributed by JAKSTA to the LICENSEE for the LICENSEEs use under the terms of certain open source license agreements, copies of which are included within the SOFTWARE(s) distribution package and software about pages. The LICENSEE acknowledges that OPEN SOURCE SOFTWARE is third-party software that has not been manufactured, tested or otherwise approved by JAKSTA and that nothing in this EULA shall obligate JAKSTA to provide any support for the OPEN SOURCE SOFTWARE.
6.7 The LICENSEE acknowledges that 3rd PARTY STREAMING MEDIA PROVIDERS can at their discretion change the technologies and licensing agreements required to stream and/or download media from their websites and that the SOFTWARE may not technically and/or legally be able to record such media and therefore the warranty under clause 6.1 does not apply to the SOFTWARE(s) ability and/or inability to record any particular streaming or downloadable media.
6.8 The LICENSEE acknowledges that 3rd PARTY SEARCH PROVIDERS can at their discretion change the technologies and licensing agreements required to provide the SOFTWARE(s) search features and functions and that the SOFTWARE may not technically and/or legally be able to continue to use such providers at some point in the future and therefore the warranty under clause 6.1 does not apply to the SOFTWARE(s) ability and/or inability to perform a search at any given time.
6.9 No employee, agent or representative of JAKSTA has the authority to bind JAKSTA to any oral representation or warranty concerning the SOFTWARE. Any written representation or warranty not contained in this EULA will not be enforceable by the LICENSEE.
7. Exclusions
7.1 To the maximum extent permitted by law, JAKSTA excludes, for itself and any supplier of software incorporated in the SOFTWARE, all liability for all claims, expenses, losses, damages and costs made against or incurred or suffered by the LICENSEE directly or indirectly (including without out limitation lost costs, profits and data) arising out of:
(1) Use or misuse of the SOFTWARE;
(2) Inability to use or obtain access to the SOFTWARE;
(3) Negligence of JAKSTA or its employees, contractors or agents, or of any supplier of software incorporated in the SOFTWARE, in connection with the performance of JAKSTAs obligations under this EULA; or
(4) Termination of the EULA by either party for any reason.
8. Limitations
8.1 The SOFTWARE is provided "AS IS" and all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this EULA or to this EULA generally, including without limitation, warranties as to: quality, fitness; merchantability; correctness; accuracy; reliability; correspondence with any description or sample, meeting the LICENSEEs or any other requirements; uninterrupted use; compliance with any relevant legislation and being error or malware free are excluded.
9. Severability
9.1 If anything in this EULA is unenforceable, illegal or void then it is severed and the rest of this EULA remains in force.
10. Severability
10.1 The internal laws of the State of Western Australia govern this EULA.
10.2 The LICENSEE and JAKSTA submit to the exclusive jurisdiction of the courts for the State of Western Australia, or if there is federal jurisdiction, the Federal Courts of the Commonwealth of Australia.