videoconverterexclusive.com Terms of Use

[Last updated March, 2013]

These Terms of Use ("Terms of Use ") constitutes the full and final agreements with regards to your use of the videoconverterexclusive.com website ("Website", "Us" or "We" ). Please take the time to fully read these Terms of Use.

1. The Website:

This Website located at videoconverterexclusive.com is controlled and maintained by Us and provide information and in addition to the Software may provide download links for software developed by other third parties. For more information please see Section 5 herein.

2. License:

We hereby grants You a limited, personal, non-sub licensable, non-assignable, non-transferable, non-commercial, non-exclusive, temporary, revocable license, all in accordance with these Term of Use, to use the Website and the Software only for Your personal use on Your own computer.

2.1 Limited: You may use the Website and/or the Software for Your own personal use and solely on devices where You are their proprietor. You cannot amend, alter or otherwise create any derivative work of the Software.

2.2 Personal & Non-Sub licensable: You may not allow any third party to use the Software nor may You use the Software for any commercial purpose. You may not sublicense, lease, rent or otherwise allow third parties to use the Software, or any portions thereof.

2.3 Non Assignable & Non-Transferable: You may not assign or transfer Your rights and duties under this license.

2.4 Non-Commercial: You may not use the Software for commercial purposes. For the purpose of this license, "commercial purposes" means that a third party has access to the Software or any part thereof, as a part of Your regular business. For example, You cannot charge other people to use the Software or permit them to use this Software as a service, either for profit or without profit.

2.5 Non-Exclusive: Your license is granted on a non-exclusive basis. Nothing in this license shall limit Us from licensing, conveying, assigning, transferring or otherwise contracting any party in regards to the Software.

2.6 Temporary: The License is granted to You for a limited amount of time, as presented to You when You licensed the Software.

2.7 Revocable: IronSource may revoke this License at any time, and may terminate it in any case where these Terms of Use shall be terminated by You or by Us.

2.8 Trademarks: We and/or our affiliates, subsidiaries and/or their respective suppliers and licensors (as applicable) shall retain full title in Trademarks, and any trademarks and tradenames contained in the Website and/or the Software, including the Software's names, logos, and all other intellectual property. Unless specifically stated in this Terms of Use, no license shall be made to use, associate or affiliate the Software in any manner.

3. Third Party License - Open Source Code:

The Software is developed and owned by Us and\or any of its affiliates, subsidiaries and/or their respective suppliers and licensors. Please note that the Software may include certain software, components and materials ("Open Source Materials") of third parties ("Third Party Licensors") licensed under certain licenses ("Open Source License(s)").

3.1 Nothing in this Terms of Use shall limit Your rights under, or grants You rights that supersede, the terms and conditions of any applicable Open Source License. You must review all applicable Open Source Licenses to understand Your rights under these licenses. In the event that no such third party license agreements exist, the restrictions contained in these Terms of Use shall apply.

3.2 With respect to the Open Source Licenses, the following terms shall apply:

     3.2.1 You hereby acknowledge and agree that You will be licensing any Open Source Materials directly from the applicable Third Party Licensors, including the right to use such Third Party Materials in connection with the Software.

     3.2.2 In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of these Terms of Use, the provisions of the Open Source Licenses shall prevail.

     3.2.3. Restrictions under these Terms of Use concerning modification, confidentiality and other provisions do not apply to such Open Source Materials.

     3.2.4. For the avoidance of doubt, with respect to all software components distributed under the LGPL and GPL Open Source License, the Software and any part thereof are "works that use the library" and are not "works based on the library" as such terms are defined in the LGPL and/or GPL.

     3.2.5. Certain Open Source Licenses may require the provision of the source code of the software. With respect to any Open Source License that contains such requirement, We will provide to any third party, during a period set forth by each such license, for a charge of no more than IronSources's cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, on a medium customarily used for software interchange. For that purpose, you should contact Us at: Support@videoconverterexclusive.com.com.

     3.2.6. For now, our Software uses only the GPL and LGPL Free Open Source License published by the Free Software Foundation which are in the public domain, attached the GNU Copyright Notice:

This program is free software: you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation, either version 3 of the License, or (at your option) any later version. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details: www.gnu.org/licenses.

4. Upgrades, Updates and Fixes:

We may provide You, from time to time, with Upgrades, Updates or Fixes, as detailed below at our sole discretion. You hereby warrant to keep the Software up-to-date and install all relevant Updates and Fixes, and may, at Your sole discretion, purchase Upgrades, according to the rates set by Us. Us shall provide any Update or Fix free of charge; however, nothing in these Terms of Use shall require Us to provide Updates or Fixes.

4.1 Upgrades: for the purpose of this License, an "Upgrade" shall be a material amendment in the Software, which contains new features and or major performance improvements and shall be marked as a new version number. For example, Should You begin using Software under version 1.X.X, an Upgrade shall commence under number 2.0.0.

4.2 Updates: for the purpose of this License, an "Update" shall be a minor amendment in Software, which may contain new features or minor improvements and shall be marked as a new sub-version number. For example, Should You begin using Software under version X.1.X, an Update shall commence under number X.2.0.

4.3 Fix: for the purpose of this License, a "Fix" shall be a minor amendment in Software, intended to remove bugs or alter minor features which impair the Software's functionality. A Fix shall be marked as a new sub-sub-version number. For example, Should You begin using Software under version X.X.1, a Fix shall commence under number X.X.2.

5. Support:

The Software is provided on an AS-IS basis and without any support, updates or maintenance. Nothing in these Terms of Use shall require Us to provide You with support or fixes to any bug, failure, miss-performance or other defect in Software.

6. Third Party Content:

You might be provided with content by using our Website and/or Software. This content which might be provided to You may include third parties' websites, advertisements or links for applications and any other software and/or services ("Third Party Content") and We do not warrant for its quality or authenticity. We are not, and shall never be, liable for any damage that might occur when using and/or relying on Third Party Content and does not warrant that they will be available or accurate.

7. Bug Notification:

You may provide Us with details regarding any bug, defect or failure in Software promptly and with no delay from such event; when doing so, and in order for Us to obtain information, You shall need to comply with Our reasonable requests for information regarding the said bugs, defects or failures and furnish Us with information, screenshots and try to reproduce such bugs, defects or failures.

8. Feature Request:

You may request additional features in the Software, provided, however, that (i) You shall waive any claim or right in such feature should such a feature be developed by Us and/or any of our affiliates, subsidiaries and/or their respective suppliers and licensors (as applicable); (ii) You shall be prohibited from developing the feature, or disclose such feature request, or feature, to any third party directly competing with Us or any third party which may be, following the development of such feature, in direct competition with Us; (iii) You warrant that feature does not infringe any third party patent, trademark, trade-secret or any other intellectual property right; and (iv) You developed, envisioned or created the feature solely by Yourself.

9. Liability:

To the extent permitted under Law, the Software is provided on an AS-IS basis. We shall never, and without any limit, be liable for any damage, cost, expense or any other payment incurred by You as a result of any Software's actions, failure, bugs and/or any other interaction between Software and Your end-equipment, mobile devices, computers, other software or any third Party Software, end-equipment, computer or services.

10. Warranty:

We hereby warrants that the Software does not violate or infringe any third party claims with regards to intellectual property, patents and/or trademarks and that to the best of its knowledge no legal action has been taken against it for any infringement or violation of any third party intellectual property rights.

11. No-Warranty:

Software is provided without any warranty; We hereby disclaims any warranty that Software shall be error free, without defects or code which may cause damage to your computers or to Yourself, and that Software shall be functional. You shall be solely liable to any damage, defect or loss incurred as a result of operating Software and undertake the risks contained in running Software on Your computing device.

12. Prior Inspection:

You hereby state that You inspected Software thoroughly and found it satisfactory and adequate to Your needs, that it does not interfere with Your regular operation, and that it does meet the standards and scope of Your computer systems and architecture.

13. No Refunds:

You warrant that You inspected Software and that it is adequate to Your needs. Accordingly, as Software is intangible goods, You shall not be, ever, entitled to any refund, rebate, compensation or restitution for any reason whatsoever, even if Software contains material flaws.

14. Privacy Policy:

For information about our privacy policies please visit: www.videoconverterexclusive.com/privacyPolicy.php

15. Amendments:

We may amend, from time to time, these Terms of Use and/or Privacy Policy and may, or may not, notify You as these amendments are made. Should You decide that any amendment in these Terms of Use or in the Privacy Policy does not constitute as Your understanding with Us, You may, at Your own will, terminate these Terms of Use and Your use of the Software and terminate your user account (if applicable). In no case will these Terms of Use have any retroactive changes nor would they apply to Your conduct without Your consent, therefore You undertake to examine, from time to time, any amendments in these Terms of Use and/or Privacy Policy.

16. Termination:

We may, at its sole discretion, terminate these Terms of Use, or any other service rendered by it due to any reason, for any user, including You, or with no reason at all or for any reason, including, without limitation, for lack of use or if We believes that You have violated or acted inconsistently with the understandings or spirit of these Terms of Use. We may also, at our sole discretion, and at any time discontinue providing the Software and/or Services, or any part thereof, with or without notice. You agree that any termination of Your access to the Software under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that We may immediately deactivate or delete Your account (if applicable) and all related information and files in Your account (if applicable) and/or bar any further access to such files or the Software and/or Service. Furthermore, you agree that We shall not be liable to you or any third party for any termination of Your access to the Software and/or Services.

17. Entire Agreement, Waiver:

These Terms of Use constitutes the entire understandings between parties and will only be amended from time to time. No waiver to perform any of our rights under these Terms of Use shall constitute amendments of it.

18. Governing Law, Jurisdiction:

These Terms of Use shall be exclusively governed by the laws of the State of New York including their statutes regarding conflict of laws and may be solely brought to the competent courts of the New York City. You undertake not to initiate any class action, for any reason, against us and to claim your damages only according to these Terms of Use.