File Viewer Plus 3 End User License Agreement
NOTE: If you made a File Viewer Plus purchase from the Microsoft Store, your purchase is subject to the Microsoft Store Terms of Sale. For U.S. and Canada purchases, please see https://www.microsoft.com/en-us/storedocs/terms-of-sale. For other regions, please see the Microsoft Store Terms of Sale for your region.
This End User License Agreement ("EULA") is made between Sharpened Productions ("Company") and you, the end user, for the use of for the use of File Viewer Plus (the "Software"), as determined below. Your obligations under this agreement are signified by the use of the words "You" and "Your."
- Accepting the Terms. In order to install or use the Software, you must first agree to and accept the terms of this license (the "Terms"). You may not install or use the Software if you do not accept the Terms.
License Grant, Activation Key, and Performance Warranty
2.1 License Grant and License Limitations. Subject to the terms and conditions of this EULA, Company hereby grants you a non-exclusive, non-transferable, revocable, limited license to use the Software and any included documentation, without the right to sublicense the Software, solely for your internal use on a computer that is compatible with the Software. You may not, nor permit any third party to, loan, lease, distribute, transfer or make available the Software to any third party. In addition, you may not modify or remove any proprietary rights notices in the Software, decompile, disassemble, reverse engineer, or otherwise attempt to create the source code for the Software, with the exception of third party components listed in Section 11 that are under an open source license that makes such source code available or permits reverse engineering. Except as necessary for your personal use of the Software, or as specifically provided in Section 2.2 below, you may not copy the Software, in whole or in part, except for the open source third party components listed in Section 11 whose licenses provide the right to copy such components.
2.2 Activation Key. If you have purchased a license for File Viewer Plus, Company will issue you a license and activation key for each copy of the licensed Software. For non-commercial, residential use, the Software may be installed on up to two computers concurrently per household. All other users may install the Software on up to two computers per user. You are responsible for managing the usage of the licensed Software to ensure that such usage does not exceed the specific number of concurrent authorized computers for which you have paid the applicable license fee.
2.3 Performance Warranty. If you have purchased a license for File Viewer Plus, Company warrants the software will perform in material respect as described in the documentation for a period of 30 days from the date of the order purchase. During this 30-day period, you may return the Software for a refund if you are not satisfied with the performance of the Software. Upon refund, you are required to discard your Activation Key and promptly and irretrievably delete the Software and any copies thereof in any form. No other warranties apply.
- Ownership and Input. Title to the Software is not transferred to you, the end user. Ownership of all copies of the Software and all rights including all intellectual property rights in and to the Software remains vested in Company, subject to the limited rights granted to you in this EULA, and the rights to certain third party components owned by third parties identified in Section 11 below, which are licensed to, and not owned by Company. For example, this software uses libraries from the FFmpeg project under the LGPLv2.1. If you provide suggestions, comments or other feedback to Company with respect to the Software (“Input”), you agree that (a) Company may freely use, disclose, reproduce, license, distribute or otherwise exploit the Input in any manner that Company sees fit, without obligation or restriction of any kind on account of intellectual property rights or otherwise; and (b) Company will not be required to pay any compensation to you or any other person or entity in connection with Company’s use of the Input.
- WARRANTY DISCLAIMER. EXCEPT FOR THE LIMITED WARRANTY PROVIDED ABOVE IN SECTION 2.2, THE SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK IN CONNECTION WITH THE SOFTWARE AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY SHALL CREATE A WARRANTY. COMPANY DOES NOT GUARANTEE THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, OR BE ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS AS SPECIFIED HERE AND TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
- Indemnity. You will defend, indemnify and hold Company harmless for any alleged or actual losses or damages arising from or related to your use of the Software, including third party claims.
- Updates: Term and Termination. Company may issue updates to the Software and require you to install and use the updated version of the Software. Company may include a revised EULA with that updated version of the Software. This EULA and the license granted to you to use the Software hereunder will be terminated: (i) automatically, if you do not agree to accept the terms of the EULA provided with any updated version of the Software; (ii) by Company, at its option, in the event of breach of any of the terms and conditions of this EULA by you; or (iii) by you, the end user, at your option, by performing the actions noted in the following sentence. Upon any termination of this EULA, you will promptly and irretrievably delete the Software and any copies thereof in any form. Sections 3, 6, 7, 8, 9 and 12 of this EULA will survive its termination.
- Copyright. The Software is protected by United States copyright laws and international treaty provisions. Unauthorized use or copying of the Software is expressly prohibited, except as explicitly set forth in this EULA. Any copies that you are authorized to make pursuant to this EULA must contain the same, unmodified copyright and proprietary rights notices that appear in the Software.
- Confidentiality. You acknowledge and agree that the Software and documentation related to its use include proprietary information that are Company's exclusive property. You agree not to use or disclose this proprietary information except as authorized under this EULA.
- LIMITATION OF LIABILITY AND DAMAGES; EXCLUSION OF REMEDIES AND DAMAGES. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SIMILAR DAMAGES OF ANY KIND ARISING UNDER OR IN ANY WAY RELATED TO THE SOFTWARE OR THIS EULA. IN NO EVENT WILL COMPANY'S AGGREGATE LIABILITY ARISING UNDER OR IN ANY WAY RELATED TO THE SOFTWARE OR THIS EULA EXCEED THE AGGREGATE LICENSE FEES PAID BY YOU FOR THE LICENSE GRANTED HEREUNDER, OR, IF NO FEES HAVE BEEN PAID, THE SUM OF ONE DOLLAR. THE FOREGOING LIMITATIONS WILL APPLY REGARDLESS OF THE FORM OF ANY CLAIM HEREUNDER, WHETHER FOR BREACH OR REPUDIATION OF ANY OTHER TERM OR CONDITION OF THIS AGREEMENT OR ANY RELATED WRITING, FOR NEGLIGENCE, ON THE BASIS OF STRICT LIABILITY, OR OTHERWISE. THIS IS YOUR EXCLUSIVE REMEDY. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY AS SPECIFIED HERE AND TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
- Entire Agreement. This EULA constitutes the entire agreement between the parties relating to the subject matter hereof and supersedes any prior negotiations, proposals, representations and agreements. If any provision of this EULA is held invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall in no way be affected or impaired thereby. No modification of this Agreement is binding unless it is in writing and accepted by you and Company.
- Third Party Software Components. The Software uses open source components, and your use of the Software is subject to the terms and conditions of the software licenses governing those components. The open source components in the Software include 7-Zip (7z.dll, LGPL); ATViewer 3.1.0 (MPL 1.1); dcraw (non-GPL); FFmpeg (LGPL 2.1) (further information available here: http://ffmpeg.org/about.html); ImageMagick (Apache 2.0 License); JEDI JCL (MPL 1.1); libgsm (LGPL); libmp3lame (LGPL); libopenjpeg (BSD); librtmp (LGPL); libspeex (BSD); libtheora (BSD); libvo-aacenc (LGPL); libvorbis (BSD); libvpx (BSD); libwps (LGPL 2.0); opencore-amr (Apache 2.0 License); SDL (LGPL 2.1); ExifTool (The "Artistic License"). Information about the authors and copyright ownership of those open source components, and the applicable license terms, can be found within the Software’s installation directory. The source code of LGPL components can be found on the Software's website at WindowsFileViewer.com or FileViewerPlus.com.
- Governing Law; Jurisdiction and Venue. In any claim arising out of or relating to this EULA, (a) the substantially prevailing party will recover its reasonable costs and attorneys’ fees; (b) Company and you each consent to the jurisdiction of any federal or state court within Hennepin County, Minnesota and waive any objection based on jurisdiction or venue, including forum non conveniens; provided, however, if Company seeks injunctive relief, it may file such action wherever in its judgment relief might most effectively be obtained; and (c) the laws of the state of Minnesota will apply, without regard to the choice of law provisions thereof.