New submission from Carl Eugen Hoyos <ceho...@rainbow.studorg.tuwien.ac.at>:
encoder.gomlab.com/eng/ offers GOM Encoder (I don't know the price).
The installer (GOMENCODERSETUP_ENG.EXE, size 6236928, md5sum
d57d77caea62e87165b2bc36f270bd31, will upload to incoming/issuennnn) contains a
binary distribution of libavcodec called GVC.dll. Attached EULA is incompatible
with FFmpeg's license, actual sources are NOT available.
Since libx264 is linked against the same binary as GVC.dll, this might be a GPL
violation.
Contact is gomenco...@gomlab.com
whois information:
Gretech Corp. sk...@gretech.com
WooJun Bld., 891-54 Daechi-dong, Gangnam-gu, Seoul
(Tel) 02-2193-5674
----------
files: EULA.txt
messages: 12148
priority: normal
status: open
substatus: open
title: GOM Encoder violates FFmpeg's license
topic: (L)GPL violation
________________________________________________
FFmpeg issue tracker <iss...@roundup.ffmpeg.org>
<https://roundup.ffmpeg.org/issue2273>
________________________________________________GOM Encoder Software License Agreement
( End User License Agreement )
Please read carefully before you install the Software. This End-User License
Agreement ("EULA") is a legal agreement between you (either an individual or a
single entity) and Gretech Corporation for the GOM Encoder Software
(âSoftwareâ). The Software includes the associations of Internet services
using on and offline networks, Software product included in the service, alpha
version, beta release, free and paid versions of the Software. Clicking the
âI Agreeâ button or installing, copying, or otherwise using the Software
means that the user agrees to the terms of this EULA. If you do not agree,
click the âCancelâ button or do not install the Software.
Installing this software means that you have read, understood and agree to the
terms bound by this EULA.
1. [The Purpose of Agreement]
The purpose is to establish regulations on various options regarding the use of
GOM Encoder Software (will be referred as âSoftwareâ) distributed by
Gretech Corporation (will be referred as âCorporationâ) and the use of GOM
Encoder paid service.
2. [Effect of and Amendments to the Agreement]
(1) The Agreement is announced at the time of Software installation and becomes
effective when the user agrees to the Agreement.
(2) The Corporation can amend the Agreement under reasonable circumstances and
when changes are made will make notifications about the alterations.
(3) If the user does not agree to the amended Agreement, he or she can request
for termination. If the user does not express any disagreement against the
amendment within the 7 days from the time of Agreement emendation and continues
to use the service, it will be considered that the user agrees to the amendment
of the Agreement.
(4) The Corporation will not be held reliable for damages occurred to the user
who fails to observe the changes made to the Agreement.
3. [Protection of Personal Information]
At the time of service use error, the Corporation can receive system
information and data provided by the user under explicit agreement for the
purpose of resolving the error. However, the Corporation will not be reliable
for any other personal information exposed due to user imputations.
4. [Payment]
(1) Paid licenses are categorized into individual license and corporate
license. You have to purchase corporate license to use GOM Encoder at
companies, corporations, public organizations or for commercial use and cannot
use with individual license.
(2) In case of individual license, only one license can be purchased with one
user ID and one license can only be used on one computer at the time of use. In
case of corporate license, multiple licenses can be purchased with one user ID
and one license can only be used on one computer at the time of use.
(3) User Agreement about license payment will be established under the user
agreement to the GOM Encoder EULA, the physical transaction of payment made by
the user who wants to use the paid service and the acceptance by the
Corporation. Only the payment method set by the Corporation can be used. Other
matters will follow the policies set by the Corporation.
(4) Paid service users will also be considered as having agreed to the
following. The Corporation can provide the user with various information deemed
as required during the use of service through the means of e-mail and etc, and
if the user does not wish to receive the information he or she can unsubscribe
to such information. However, information regarding major policy changes about
the service use and etc, relating to the service usage of the user can be sent
to the user who has chosen to unsubscribe through the means of e-mail and etc.
(5) If the user experiences damages regarding the service use due to the major
flaws of the provided service, the user can be compensated through proper
means, and the procedure will follow the Refund Policy stated in this agreement.
5. [Refund Policy]
(1). Full Refund : If within a month from the payment, more than one errors
arise from the functions that were supposed to be supported by the Corporation,
and if the user falls into the following categories :
a. the user has contacted the Corporation about an error and the Corporation
fails to make proper contact with the user within 2 business days.
b. If the user has provided information requested by the Corporation
(Screenshot, System Information, File Sample) and the Corporation is unable to
resolve the problem within a week from the time of receiving the requested
information
c. If an individual user (not corporations) makes duplicate payments by mistake
The Corporation will make full refund for the amount paid by the user minus the
service charge required in the refund process to the user in aforementioned
cases of a through c.
(2). Half Refund : If the user requests for a refund within 3 days from the
time of payment.
(3). Refund Refusal : In following cases no refund will be made.
a. 3 days have passed from the time of payment, and there arenât any specific
reasons
b. A month has been passed from the time of payment, and the user has not
notified any kind of errors to the Corporation in the mean time
Once refunded, all the functions accessible as the GOM Encoder paid user will
be ceased, and any benefits regarding discounts for repurchase/new version
release and major update will not be provided.
(4). Refund Request and Procedure : The user must notify about the reason for
refund request and related errors by contacting gomenco...@gomlab.com, and
refund procedure might vary depending on the method of payment used by the user.
6. [Duty of the Corporation]
(1) The Corporation provides the right to install and use paid/free version of
the Software to the user.
(2) The Corporation provides the Software update service for user convenience
and quality improvement.
(3) In case there is a Software update, the Corporation provides the updated
Software to the user. However, depending on the update, some functions of the
Software that has been already provided might not operate in some cases.
(4) The Corporation constructs a security system to protect personal
information, and uphold and post the Private Policy on the Corporation website.
7. [Duty of the User]
(1) The user cannot modify, perform reverse engineering on, decompile, or
disassemble the Software.
(2) The user cannot lend or sell the Software for commercial purposes.
(3) The user cannot infringe upon another personâs intellectual property by
using the Software.
(4) The user must agree to the terms bound by the Agreement and cannot perform
activities that interfere with Corporation operation or are illegal.
(5) The user cannot share his or her GOM Encoder paid account (or license) with
others, or simultaneously run the software on multiple computer with one paid
account (or license).
8. [Automatic Communication Function]
(1) The Software contains a function that performs communications through the
Internet as a part of normal operation that is required for service.
(2) When the Software is started, user verification will be processed through
the Internet and the data about the user verification information and installed
program will be sent to the server. The server sends the license information
owned by the user.
(3) When the Software is started, it automatically connects to the update
server to check the availability of new versions for bug solutions and Software
patch. Automatic update sends the information about the installed Software and
composed factors to the server to determine the possibility of an upgrade. At
this time the user can decide whether or not to perform an upgrade. However, if
major changes have been made to the service content or the Software, the
upgrade will be necessary to use the Software and the service in some cases.
(4) The user is responsible for any communication or connection fees resulting
from the use of Internet service.
9. [Intellectual Property Right and Rights regarding the Use of the Software]
(1) The Corporation owns all the rights related to the Software.
(2) The user does not own the Software but is rather given the permission to
use by the Corporation.
(3) The user cannot modify all or part of the Software or redistribute it
without the permission from the Corporation.
(4) The Corporation can choose not to perform further upgrade on the Software
after posted date or launch new product.
(5) Corporation can temporarily or permanently cease the user who has broken
the EULA from using the GOM Encoder.
10. [Offer of Advertisement Content and Other Services]
(1) The Corporation can directly offer advertisements, contents and other
services apart from the Software to the user when he or she distributes,
downloads, uses, or upgrades the Software.
(2) The Corporation can use the personal information provided by the user to
provide services aforementioned in clause (1).
(3) The Corporation protects the user information collected from the clause (2)
in accordance to the âPrivate Policyâ.
11. [Limited Liability of the Corporation]
(1) The Corporation is not liable for any damage done to the user caused by the
use or incapacity of the Software.
(2) The Corporation will not be held responsible for the userâs expected or
loss of profit from the use of the Software.
12. [Agreement Termination and Compensation]
(1) The Corporation can terminate the EULA if the user does not abide by its
terms. In such case the user has to remove the copies and related components of
the Software.
(2) The user can anytime terminate the Agreement by removing the Software.
(3) In case of clause (1) or if any damage has been incurred to the Corporation
by the user, the Corporation can request compensations from the user through
legal actions.
13. [Competent Court]
In case a law suit has been made against the Corporation due to the dispute
caused by the use of the Software, it will be tried at a competent court that
has the jurisdiction over the location of Corporation headquarters.
14. [Effectuation]
This EULA becomes effective on the date of November 4th 2009.
