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End User License Agreement ("EULA") for CyberLink ActionDirector 3

End User License Agreement ("EULA")
For ActionDirector

Date last modified: August 2, 2016.

Do not install or use the software until you have read and accepted all of the license terms. Permission to use the software is conditional upon your agreeing to the license terms. Installation or use of the software by you will be deemed to be acceptance of the license terms. Acceptance will bind you to the license terms in a legally enforceable contract with CyberLink Corp.

*CODEC ACTIVATION
When you use certain technologies essential to multi-media functions for the first time, the software application will collect the serial number of your computer system and the product key (CD key) for activation purposes only.

*PRIVACY POLICY
Some of our products may send an anonymous event/signal to CyberLink’s backend server to collect information for the purpose of improving the end user experience, such as for example:
-When user opts in or out of the CEIP (CyberLink Experience Improvement Program)/CPIP (CyberLink Product Improvement Program); and
-When our product is installed and/or uninstalled.

*RELATED SERVICES
Some of our product features may integrate with services such as MoovieLive and/or DirectorZone. If you use any features from these services then you must agree to the terms of service and privacy policy thereof; which can be found at: http://www.moovielive.com/index/pages/term_of_use.mlg ; http://www.moovielive.com/index/pages/privacy.mlg ; http://directorzone.cyberlink.com/info/termsOfService.jsp and http://directorzone.cyberlink.com/info/privacy.jsp

* SOFTWARE LICENSE AND LIMITED WARRANTY
This EULA is an agreement between you, the end user, and CyberLink Corp. ("CyberLink"). By using this software, you agree to be bound by the terms of this EULA.

If you agree to abide by these conditions, please click "Yes". IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, PLEASE DO NOT USE THIS SOFTWARE AND PROMPTLY REMOVE IT FROM YOUR COMPUTER.

* GRANT OF LICENSE & USAGE RESTRICTIONS
Below are the general license terms and usage restrictions followed by specific provisions depending on the type of license you have.
CyberLink, as licensor, grants to you, the licensee, a non-exclusive right to download and/or install the accompanying ActionDirector software program(s) (hereinafter the "SOFTWARE") on a certain number of computer(s)/ device(s) in accordance with the number of the license(s) you purchased and use the SOFTWARE in accordance with the terms contained in this license. You agree and acknowledge that you may receive SOFTWARE update, upgrade notices or any commercial electronic messages during the use of SOFTWARE. You shall not rent, lease, sublicense, modify, alter, reverse engineer, disassemble, decompile, or create any derivative work of the SOFTWARE, or remove any copyright notice or proprietary legend contained in the SOFTWARE. You shall not reproduce the SOFTWARE unless for backup purposes and limited to one copy only. You acknowledge this SOFTWARE is licensed to you, not sold to you. The SOFTWARE must be lawfully acquired from CyberLink or through CyberLink’s authorized resellers otherwise you do not have a right to use the SOFTWARE. You agree that once SOFTWARE is operated, used or installed; you may not resell or distribute it to another person or entity subject to the relevant statutes. Whether you are legally allowed to resell the SOFTWARE will depend on the law of your place of residence or where the transferee is located. Generally a resale or distribution will cause an automatic termination of your license to use the SOFTWARE. You own and are responsible for the risks of inability to use or install the SOFTWARE in purchasing or obtaining the SOFTWARE NOT from CyberLink, CyberLink’s authorized distributors or resellers or for used SOFTWARE. Please refer to the link [http://www.cyberlink.com/stat/regional-stores/enu/index.jsp] for the SOFTWARE purchase information in CyberLink’s official website and for the information of CyberLink’s authorized distributors.

License Types:
**INDIVIDUAL CONSUMER
If you acquire the SOFTWARE under an individual license it is for your own use under the general terms above.
**SITE LICENSE
Site licensed SOFTWARE is licensed to be used in a single location. The maximum number of users is limited by the site license agreement.
**VOLUME LICENSE
Only one copy per device may be installed. If you are the volume license holder then you may make multiple back-up copies and install multiple seats of the SOFTWARE. The total number of licensed copies will be limited to a capped number according to the purchased quantity in bulk.
**EVALUATION/TRIAL LICENSE
Only one copy per device may be installed. The SOFTWARE is licensed for evaluation and/or trial purposes only. The rights granted to you herein will cease after a specified time period and the SOFTWARE usage is time limited, after expiration of which it may be disabled. This license is for non-commercial use.
**SUBSCRIPTION LICENSE
The SOFTWARE is licensed for subscription purposes. You agree that CyberLink may change the version of the SOFTWARE provided to you at any time without liability to you. Ongoing access to Subscription SOFTWARE requires a working internet connection, CyberLink’s receipt of recurring subscription payments and agreement to the terms of use and/or service for Subscription SOFTWARE to be found on the downloading site. The rights granted to you herein will cease after a specified time period and the SOFTWARE usage is time limited, after expiration of which it may be disabled.
**EDUCATIONAL LICENSE
The SOFTWARE is licensed for educational purposes and non-commercial use only. It may be purchased by schools, universities, students and their legal guardians, faculty, teachers, professors, lecturers and any other educational institutions, scholars or staff.
If you are going to use the SOFTWARE for commercial purposes then additional licenses will be needed for the following non-exhaustive list of third party technologies:
>H.264/MPEG-4 AVC - AVC Patent Portfolio License
>MPEG-2 Video - MPEG-2 Patent Portfolio License
>MVC – MVC Patent Portfolio License
> H.265/MPEG HEVC
Contact: MPEG-LA, LLC, 6312 S. Fiddlers Green Circle, Suite 400E Greenwood Village, Colorado, USA 80111
> Sensio 3D/2D - Software Library License and Ancillary Services Agreement
Contact: Sensio Technologies, Inc., 1751, Richardson, Suite 4.206, Montreal (Quebec), Canada, H3K 1G6
> MPEG-2/4 AAC, 5.1-ch Decoder + 2-ch Encoder - AAC Patent License Agreement
Contact: Via Licensing Corporation, 475 Brannan Street, Suite 320
San Francisco, CA 94107-5420, USA

CyberLink does not license the above items for commercial use and you are advised to approach the relevant licensing agents at the above addresses for more information.

*MPEG DISTRIBUTION
ANY USE OF THIS PRODUCT IN ANY MANNER OTHER THAN PERSONAL USE 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,LLC AT THE ADDRESS ABOVE.
THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG-LA.
You also acknowledge that no rights are granted or may be extended to you to use the SOFTWARE with MPEG-4 Video Content unless such MPEG-4 Content is sold or delivered to you by a content outlet licensed under the MPEG-4 Essential Claims to make such sale or delivery.

* OWNERSHIP OF SOFTWARE
CyberLink retains the copyright, title and ownership of the SOFTWARE and the written materials ("Documentation") regardless of the form or media in or on which the original and other copies may exist.

* UPGRADES
If this copy of the SOFTWARE is an upgrade from an earlier version of the SOFTWARE, it is provided to you on a license exchange basis. Upon your installation and use of this copy of the SOFTWARE, you agree to voluntarily terminate your earlier EULA and you will not continue to use the earlier version of the SOFTWARE or resell or distribute it to another person or entity.

* USE OF MEDIA CONTENT LICENSED BY THIRD PARTIES
You may use pictures, audio, video, thumbnails or other media content (media content), if any, provided in the SOFTWARE, which may be licensed from third parties, to demonstrate or complete your work created by the use of the SOFTWARE; provided that you should not use the media content in any illegal, commercial or immoral manner, nor shall you grant your right to use to any third party. CyberLink does not provide any warranty or representation to these media content items from third parties and disclaims all liabilities to the maximum extent allowed by law.

* LIMITED WARRANTY
CyberLink warrants the media on which the SOFTWARE is furnished to be free of defects in material and workmanship, under normal use, for a period of ninety (90) days following the date of delivery to you. If there is a defect in the media (CD/DVD-ROM), CyberLink's sole liability shall be to replace the defective media, which has been returned to CyberLink or the supplier with your dated invoice and is shown to be defective. In the event that CyberLink is unable to replace defective media, CyberLink shall at its sole discretion either refund your money upon your termination of this license or replace it with the newer version of the same software.

THIS SOFTWARE AND ACCOMPANYING DOCUMENTATION (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND ARE NOT FAIL-SAFE. FURTHER, CYBERLINK DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE, OF THE SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. IF THE SOFTWARE OR DOCUMENTATION IS DEFECTIVE, YOU, AND NOT CYBERLINK OR ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR OR CORRECTION.

CYBERLINK DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, REGARDLESS OF WHETHER IT IS MADE BY CYBERLINK, ON THIS CYBERLINK PRODUCT. CYBERLINK DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CYBERLINK, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

NEITHER CYBERLINK NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT EVEN IF CYBERLINK HAS BEEN ADVISED OF THE POSSBILITY OF SUCH DAMAGES.

Should any other warranties be found to exist, such warranties shall be limited in duration to ninety (90) days following the date of delivery to you. In no event will CyberLink's liability for any damages to you or any other person exceed the amount paid for the license to use the SOFTWARE.

You agree to bear the full, complete, and sole responsibility for using the SOFTWARE for any purpose. You also agree to indemnify and hold CyberLink harmless from any claims, proceedings, damages, costs, and expenses resulting from your use of the SOFTWARE for any illegal purpose or violation of this EULA.

Upon termination of this EULA, you should destroy the SOFTWARE and the Documentation and all the copies thereof and remove and delete the SOFTWARE from your hard disk or other storage device.

This EULA constitutes the entire agreement between you and CyberLink Corp. This EULA shall be governed and construed in accordance with the laws of Taiwan and shall benefit CyberLink, its successors and assigns.

Any claim or dispute between you and CyberLink or against any agent, employee, successor or assign of CyberLink, whether related to this EUL A or otherwise, and any claim or dispute related to this EULA or the relationship or duties contemplated under this EULA, including the validity of this arbitration clause, shall be resolved in Taipei, Taiwan, pursuant to the Taiwan Arbitration Act.

This localized version of the EULA is for reference only. In case of inconsistencies between the localized version and the English version, the English version will prevail.

 
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