TMPGEnc Plus End User License Agreement


Important! - This is a legal agreement between you, the end user, and Pegasys Inc. Once you install/use "TMPGEnc Plus (English) (including free update and user support services)" = "Software" you shall be deemed to agree with all terms and conditions described in this document. Due to the nature of license key distribution, we do not accept any RETURNS for this Software.


[Software]
Product name : TMPGEnc Plus (English)
Version : 2.5
Number of license : 1 (one)

1. Grant of license
Subject to the terms and conditions of this Agreement, Pegasys grants non-exclusive, non-transferable license of Software.

1) This license agreement (license) 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 time. If you have a multiple license for the software, you may then have as many copies of the software as you have licenses, in use at any time.

2) This license permits you to make one copy of the software solely for backup or archival purposes, or transfer the software to a single hard disk provided you keep the original solely for backup or archival purposes.


2. Copyrights
1) Copyrights, patents, trademarks, know-how and any other intellectual property regarding the software belongs to Pegasys Inc. exclusively.

2) User may not rent or lease or transfer the software to the third person/party, may not give the software as security without prior written notice to Pegasys.

3) Reverse engineering, reverse assembling, reverse compile are all prohibited. In no event shall Pegasys or its suppliers be liable for any loss or damage arising from such reverse engineering, reverse assembling, reverse compiling.


3. Disclaimer
You expressly acknowledge and agree that use of the Pegasys Software is at your sole risk. The Pegasys Software is provided "AS IS" and without warranty of any kind.

1) No warrant shall be applied to user support of software. Pegasys shall not warrant that any user support services suit specific requests or requirements arising from users. Pegasys shall not be liable for damage of end user arising from loss of software or license (serial number).

2) 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 PEGASYS SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE PEGASYS SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PEGASYS SOFTWARE WILL BE CORRECTED. FURTHERMORE, PEGASYS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PEGASYS 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 PEGASYS SOFTWARE PROVE DEFECTIVE, YOU ASSUME 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 YOU. 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.


4. 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 YOU. In no event shall Pegasys be liable for any damages whatsoever.


5. User support
Pegasys Inc. provides limited technical user support (by E-mail or website in English only) to end user for 1 year from the date that end user purchased the license. User support means as follows.

1) Pegasys Inc. provides limited technical user support (by E-mail or website in English only) to end user for 1 year from the date that end user purchased the license. User support means as follows;
(a) Provides information through website or E-mail to avoid error or problem with the software.
(b) Free upgrade survives of the software through website.

2) End user shall be responsible to update personal information, such as E-mail address for Pegasys to provide information.

3) Obligation of Pegasys regarding user support is limited to activities that meet section 5 -1). Also, Pegasys shall not be responsible for providing user support to the following cases/users.
(a) Those who have purchased/obtained license in the way that is not authorized by Pegasys.
(b) TMPGEnc which is not within term of validity for user support.
(c) Question written in other languages than English (or Japanese)
(d) Those who have not purchased license, or those who can not proof that they have purchased the license.

4) Regardless of section 5, in the case Pegasys closes user support services for the software, Pegasys shall not be liable to provide user support service.


6. Duty of confidentiality

1) User is under an obligation to hold information obtained from Pegasys, such as license (serial number), E-mail address for user support, URL, and any other information regarding user support Users shall not sell / trade / transfer these information to third person/organization without prior permission of Pegasys. If a user is requested to disclose these information by a national organization, user gives Pegasys prompt written notice of such requirement prior to such disclosure.

2) Regardless section 6- 1) the following cases are exception.
(a) Information which was publicly known and made generally available in the public domain prior to the time of disclosure
(b) Information which becomes publicly known and made generally available without action or inaction of the user
(c) Information which is already in the possession of the user at the time of disclosure
(d) Information which is obtained by user from a third party without a breach of such third party's obligations of confidentiality
(e) Information which is independently developed by the user without use of or reference to Pegasys's Confidential Information

3) Section 6 is still in force even after this agreement is expired/terminated.


7. Terms
This agreement comes into effect:
(a)in the case of demonstration Pegasys Software, the date on which the Pegasys Software is first installed or used on customers computer. The demonstration license expires fourteen(14) days after this agreement commences at which time user must cease use and destroy all copies of application or purchase a license from Pegasys. (The demonstration version can be downloaded at Pegasys website.)
(b)in the case of license key, the date on which a license key from Pegasys is first received by user. The issuance of a license key grants the recipient a perpetual license to use Software in accordance with this agreement.
(c)in the case that user opened retail package of Software.


8. Termination
Your rights under this License will terminate automatically without notice from Pegasys if you fail to comply with any term(s) of this License.
(a) Pegasys may terminate this agreement if User violate it. User shall not have right to use the software at all in such case.
(b)This agreement will be terminated automatically if user have new agreement with Pegasys for upgraded version of the software.
(c)User may terminate this agreement by discarding the software (with manual and all other documents, and it's copy). Even in such case, Pegasys shall not return the value to user in any means.
(d)Upon termination of this agreement, user must cease use and destroy all copies of the software, documentation and any applicable license keys.


9. Controlling Law and Severability
This License shall be governed by the laws of the 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.


10. Other
1) User shall not translate the software into other language than English. User shall not distribute program or patch to change language or other setting of the software. All support requests will be made in English (or Japanese).

2) This agreement is given higher priority over previous agreement that is made between user and Pegasys (if any). Pegasys have right to modify, change the content of this agreement and other notice / announcement. Upon the renewal of this agreement, all previous agreement shall be automatically updated to the latest agreement renewed by Pegasys.


Pegasys Inc.
1-16-9 3F Ryogoku Sumidaku Tokyo 130-0026, Japan