- 1) "RZSoft" means RealZeal Software, Inc. and its licensors, if any.
- 2) "Software" means only the RZSoft software program(s) and third-party software programs, in each case, supplied by RZSoft herewith, and corresponding documentation, associated media, printed materials, and online or electronic documentation.
2. NO SPYWARE:
Easy Video Maker does not contain spyware of any kind. It does not install any tracking software on your system or collect personal information about you and your browsing habits. Easy Video Maker does not "spy" on other programs you run or web sites you visit. Easy Video Maker does not come bundled with any third-party software.
- 1) While you are using Easy Video Maker, you must not (1) defeat or try to defeat, messages in the Product which encourage users to register;(2) modify or prepare derivative works of the Product; (3) reverse engineer, decompile or disassemble the Product; (4)and you can not modify any file that comes with the Product.
- 2) You may make copies of your unregistered copy of the Product to give to others, however, you may not sell register Copies of the Product for a profit. Distributing the registration key (that you obtain after buying) is illegal in the USA and foreign countries. Also, you may not:(1) distribute registered versions of Product (2) ship incomplete versions of the Product;(3) defeat or try to defeat, messages in the Product which encourage users to register their software or actively discourage user registration in any way.
- 3) Unless otherwise provided herein, you may not rent, lease, or sublicense the Software.
- 4) Unless otherwise provided herein, you may not modify the Software or create derivative works based upon the Software.
- 5) Unless otherwise provided herein, you shall not (1) alter the contents of a hard drive or computer system to crack Easy Video Maker Gold/Platinum Edition (2) disclose the results of software performance benchmarks obtained using the Trial Version to any third party without RZSoft's prior written consent, or (3) use the Free Edition of the Software for a purpose other than the sole purpose of determining whether to purchase a license to a commercial edition of the software; provided, however, notwithstanding the foregoing, you are strictly prohibited from installing or using the Free Edition of the Software for any commercial training purpose.
- 6) You may only use the Not For Resale Version of the Software to review and evaluate the Software.
- 7) You shall not use the Software to develop any application having the same primary function as the Software.
This Agreement becomes effective on the date You, legally acquires the Software and will automatically terminate if You breach any of its terms. Upon termination of this Agreement, You must destroy the original and all copies of the Software or return them to RZSoft. And delete the Software from Your system(s).
5. TRADEMARKS, COPYRIGHTS AND PATENTS:
RealZeal, RZSoft, Easy Video Maker are our trademarks. Skin, source code, and images are all copyrighted©. Caution: Please note that we take all kinds of infringements very seriously. Other product and company names in this document may be the trademarks of their respective owners and are hereby acknowledged.
This product is protected by copyright laws and international treaties. Unauthorized reproduction or distribution of this program, or any portion of it, may result in severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law.
7. EXCLUSIVE REMEDY
Your exclusive remedy under the preceding is to return the Software to the place you acquired it, with a copy of your receipt and a description of the problem. Provided that any non-compliance with the above warranty is reported in writing to RZSoft no more than ninety (90) days following delivery to you, RZSoft will use reasonable commercial efforts to supply you with a replacement copy of the Software that substantially conforms to the documentation, provide a replacement for defective media, at its option. RZSoft shall have no responsibility if the Software has been altered in any way, if the media has been damaged by misuse, accident, abuse, modification or misapplication, or if the failure arises out of the use of the Software with other than a recommended hardware configuration. Any such misuse, accident, abuse, modification or misapplication of the Software will void the warranty above. THIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SOFTWARE AND RELATED DOCUMENTATION.
8. LIMITATION OF LIABILITY:
- 1) Neither RZSoft nor its suppliers shall be liable to you or any third party for any indirect, special, incidental, punitive, cover or consequential damages (including, but not limited to, damages for the inability to use equipment or access data, loss of business, loss of profits, business interruption or the like), arising out of the use of, or inability to use, the software and based on any theory of liability including breach of contract breach of warranty, tort(including negligence), product liability or otherwise, even if RZSoft or its representatives have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose.
- 2) RZSoft total liability to you for actual damages for any cause whatsoever will be limited to the greater of $50 or the amount paid by you for the software that caused such damage.
- 3) (the USA only) Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from state to state.
- 4) The foregoing limitations on liability are intended to apply to the warranties and disclaimers above and all other aspects of this EULA.
9. BASIS OF BARGAIN:
The Limited Warranty and Disclaimer, Exclusive Remedies and Limited Liability set forth above are fundamental elements of the basis of the agreement between you and RZSoft. RZSoft would not be able to provide the Software on an economic basis without such limitations. Such Limited Warranty and Disclaimer, Exclusive Remedies and Limited Liability inure to the benefit of RZSoft's licensors.
10. CONSUMER END USERS ONLY:
This Software and the documentation are provided with "RESTRICTED RIGHTS" applicable to private and public licenses alike. The limitations or exclusions of warranties and liability contained in this EULA do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in the course of a business.The limitations or exclusions of warranties, remedies or liability contained in this EULA shall apply to you only to the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.
No RZSoft dealer, agent, or employee is authorized to make any amendment to this EULA. If any provision of this EULA shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this EULA will remain in full force and effect.