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What's in the Dfx v2 license agreement >
Posted by DFX Software Support-Jena on 17 November 2011 01:36 PM
Version  2 License Agreement


READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING THIS PRODUCT OR OPENING THE PACKAGE CONTAINING THE PHYSICAL MEDIA ON WHICH THE SOFTWARE IS PROVIDED.  THIS IS A LICENSE FOR A PRODUCT CONSISTING OF COMPUTER SOFTWARE PROGRAMS, A CD-ROM OR OTHER PHYSICAL MEDIA CONTAINING THE PROGRAMS (IF PROVIDED IN THAT FASHION), AND THE ACCOMPANYING USER DOCUMENTATION. THIS PRODUCT IS LICENSED (NOT SOLD), AND IS PROTECTED BY COPYRIGHT LAW. BY DOWNLOADING ANY PORTION OF THIS PRODUCT, USING THE PRODUCT, OR OPENING THE PACKAGE CONTAINING THE PHYSICAL MEDIA ON WHICH THE SOFTWARE IS PROVIDED, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, YOU SHOULD NOT DOWNLOAD THIS PRODUCT, OR, IF YOU HAVE PURCHASED THIS PRODUCT WITH PHYSICAL MEDIA, SHOULD PROMPTLY RETURN THE PRODUCT PACKAGE IN UNOPENED FORM, AND YOU WILL RECEIVE A REFUND OF YOUR LICENSE FEE. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE PROGRAM BETWEEN YOU AND DIGITAL FILM TOOLS, LLC (THE "LICENSOR"), AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.

1. LIMITED NONEXCLUSIVE LICENSE. You acknowledge that you are acquiring only a limited nonexclusive license to use the Program and the computer programs contained therein in machine-readable, object code form (the "Software") and the accompanying User Documentation, as authorized in this License Agreement (the "License"). Licensor remains the sole owner of all right, title and interest in the Program (including the Software) and in any copies of it. You may use the Software only on a single computer owned, leased, or otherwise controlled by you; in the event of the inoperability of that computer, you may use the Software on a backup computer selected by you. You will not concurrently use the Software on two (2) or more computers or use the Software in a local area network or other network without separate prior written authorization by Licensor and the payment of other license fees. You agree that you will not assign, sublicense, transfer, pledge, lease, rent, or share your rights under this License Agreement. You may make one (1) copy of the Software solely for backup purposes; you may make one (1) copy of the User Documentation for backup purposes only. Any such copies of the Software or the User Documentation must include Licensor's copyright and other proprietary notices. You agree not to make or to permit the making of copies of the Software or the User Documentation except as authorized by this License Agreement or otherwise authorized in writing by Licensor. You agree that you will not reverse assemble, reverse compile, or otherwise translate the Software.

2. LIMITED WARRANTY. Licensor warrants to you that, for a period of ninety (90) days after delivery of this copy of the Program to you:
(1)   the physical media on which the Software is delivered, if any, are free from defects in material and workmanship under normal use, (2) the Software will perform in accordance with the User Documentation distributed with it by Licensor, and (3) to the best of Licensor's knowledge, your use of the Software in accordance with the User Documentation will not, in and of itself, infringe any third party's copyright, patent, or other intellectual property right. THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND LICENSOR DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE, OF NONINFRINGEMENT, OF MERCHANTABILITY, OR OF FITNESS FOR A PARTICULAR PURPOSE, regardless whether Licensor knows or has reason to know of your particular needs. No employee, agent, dealer or distributor of Licensor is authorized to modify this limited warranty, nor to make additional warranties. No action for any breach of the above limited warranty may be commenced more than one (1) year following the expiration date of the limited warranty. If implied warranties may not be disclaimed under applicable law, then ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 90 DAYS AFTER DELIVERY OF THIS COPY OF THE SOFTWARE TO YOU.  Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This limited warranty gives you specific legal rights; you also may have other rights which vary from state to state.

3. LIMITED REMEDY. Your exclusive remedy in the event of a breach of the foregoing limited warranty, TO THE EXCLUSION OF ALL OTHER REMEDIES, is set forth in this Section 3. In such event, you agree to return to Licensor all copies of the Software and pay for shipping; you must include a dated proof of the date on which this copy of the Software was delivered to you, such as a copy of your dated receipt or invoice for this copy of the Software. Licensor will, at Licensor's sole option, either (i) ship you a replacement copy of the Software on nondefective physical media at Licensor's expense or (ii) refund your license fee in full. To return copies of the Software, contact Licensor.

4. LIMITATION OF LIABILITY. Independent of the foregoing provisions, Licensor's cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement will not exceed the license fee paid to Licensor for the use of the Software. IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM OR CONNECTED WITH THIS AGREEMENT OR YOUR USE OF THE SOFTWARE, regardless whether Licensor knows or has reason to know of the possibility of such damages.  Some states do not allow exclusions or limitations of incidental or consequential damages, so the above exclusion or limitation may not apply to you.

5. INDEMNIFICATION. Independent of the foregoing provisions, you agree to defend and indemnify Licensor against, and hold Licensor harmless from any and all claims, damages, losses, and expenses of any kind (including, without limitation, reasonable attorneys' fees) arising from or connected with the operation of your business.

6. TERM; TERMINATION. This License Agreement is effective upon your opening of this package and will continue until terminated. If you breach this License Agreement, Licensor may terminate the License immediately by notice to you. You agree that, upon termination of the License, you will either return to us or destroy all copies of the Software and User Documentation in your possession.

7. TRADEMARK. The name of this Product is a trademark of Licensor. No right, license, or interest to such trademark is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to such trademark.

8. NOTICE TO GOVERNMENT END USERS. The Software and Documentation are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

9. MISCELLANEOUS. This License Agreement is the exclusive agreement between you and Licensor concerning the Software and supersedes any and all prior oral or written agreements, negotiations, or other dealings between you and Licensor concerning the Software.  This License Agreement may be modified only by a writing signed by you and Licensor. If any action is brought by either party to this License Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation. Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms of this License Agreement. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. This License Agreement shall be construed and governed in accordance with the laws of the State of California without respect to the principles of the choice of laws or the conflict of laws.

10. TEXTURES. The Textures distributed with this software are Copyright (C) 2002-2203 Mayang Murni Adnin.

11. ATTRIBUTION. EZ Mask is based on unpublished research and technology by Jue Wang from the Department of Electrical Engineering at the University of Washington and is licensed by Digital Film Tools.
 
By downloading or installing this software, you are accepting and agreeing to the terms and conditions of the above license Agreement.
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