Software License Agreement

SOFTWARE LICENSE AGREEMENT

*** IMPORTANT - CAREFULLY READ ALL THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT BELOW BEFORE USING THE SOFTWARE. ***

This is a valid and legally enforceable agreement made and entered between you (either an individual or a single entity) and Evident Corporation ("Evident"). The Software includes Evident' and/or its licensors' computer program, associated printed materials, data, information and their updated or extended versions thereof and the instruction manual for the Software (“Manual”). BY INSTALLING, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
 

Section 1 (Software)
1. All title and rights to the Software are owned by Evident or its licensors.

2. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
 

Section 2 (Grant of License)

1. Evident grants to you a non-exclusive license to use the Software free of charge, provided that you agree to the terms and conditions of this Agreement.

2. Evident retains all rights, title and interest in and to the Software including without limitation all copyrights and other proprietary rights.

3. The Software may include (i) some open source software and (ii) other third party software (collectively, "Third Party Software"). Regarding the use of the Third Party Software, you shall follow the license terms and conditions applied to such Third Party Software. Any part of this Agreement does not restrict, change or alter any of your rights and obligations imposed by the license terms and conditions of the Third Party Software.

Section 3 (Conditions of Use)
1. Except as provided in a separate software license agreement or as permitted by Evident, you may not install and use the Software on multiple computers.
2. You may copy the Software only for backup purposes.
3. The Software is subject to change without notice.

Section 4 (Rental and Transfer)
You may not rent, lease, sublicense or lend the Software, any of its copy or the Manual. You may, however, transfer all of your rights under this Agreement, provided you retain no copies of the Software, and the recipient agrees to the terms and conditions of this Agreement.

Section 5 (Restrictions)
1. YYou may not transfer, sell, lent, distribute or reproduce a whole or part of the Software or the Manual without Evident’s prior approval. You may not sublicense any rights granted under this Agreement to a third party.
2. You may not create, transfer, sell, distribute, rent or lease any derivative work of the Software or the Manual.
3. You may not analyze, reverse engineer, decompile or disassemble the Software, DLL or any part of the Software or print out the Software.
4. You may not combine the Software with or incorporate it into any other application software.
5. You agree that the Software is subject to the export control laws and regulations of Japan, U.S.A. and other competent countries. You shall follow any such applicable export control laws and regulations of Japan, U.S.A. and other countries.
6. You may not alter, erase or deface any trademark, warning, copyright and other notice on the Software.
7. Unless otherwise provided in this Agreement or the Manual, you may not make any copy of the Software for any purpose other than back up.
8. IIf the Software or the product installed such Software (collectively, “Product”) includes MPEG-4 Visual Patent, you shall be bound by the following terms and conditions:

THIS PRODUCT IS LICENSED UNDER THE MPEG-4 VISUAL PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER FOR (i) ENCODING VIDEO IN COMPLIANCE WITH THE MPEG-4 VISUAL STANDARD ("MPEG-4 VIDEO") AND/OR (ii) DECODING MPEG-4 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NONCOMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED BY MPEG LA TO PROVIDE MPEG-4 VIDEO.

NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE.

ADDITIONAL INFORMATION INCLUDING THAT RELATING TO PROMOTIONAL, INTERNAL AND COMMERCIAL USES AND LICENSING MAY BE OBTAINED FROM MPEG LA, LLC.

SEE HTTP://WWW.MPEGLA.COM.

Section 6 (Limitation of Liability)

1. THE SOFTWARE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE.

2. EVIDENT SHALL NOT BE HELD LIABLE FOR ANY DAMAGES SUFFERED OR INCURRED BY YOU OR ANY OTHER THIRD PARTY (INCLUDING, BUT NOT LIMITED TO, GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE), ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE OR PERFORMANCE OF THE SOFTWARE, EXCEPT FOR SUCH DIRECT DAMAGES CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF EVIDENT.

3. Evident shall not be responsible for providing any service to you including but not limited to maintenance, technical support nor update in connection with the Software.

Section 7 (Effective Period)
1. This Agreement shall become effective as of the date when you agree to this Agreement and install the Software.
2. In the event that you breach any of the terms and conditions of this Agreement, this Agreement shall be terminated. In such a case, you must immediately cease to use the Software and delete or destroy all of the Software and its copies.

Section 8 (Governing Law and Jurisdiction)

1. This Agreement shall be governed by and construed in accordance with the laws of Japan.

2. With respect to any controversies arising from this Agreement, you agree to exclusive jurisdiction and venue in the Tokyo District Court in Tokyo, Japan.

Section 9 (Amendment)

Evident reserves the right to amend or change this Agreement when Evident finds it necessary. In the event of any amendment or change to this Agreement, Evident shall inform the effective time and content of the amended or changed Agreement by posting on this Website or other appropriate way.