New submission from Carl Eugen Hoyos <[email protected]>:
ESTsoft offers ALShow for free, the video player installs (several versions of)
libavcodec, using GPL'd parts.
The installer (ALShow.exe, size 12272184, md5sum
6d6bc88bca4ddd0ca73ffd42e2b71168, will upload to incoming/issuennnn) shows the
attached EULA that claims source-code ownership and is incompatible to the LGPL,
but installs a text file containing hints to FFmpeg. Source code is definitely
not accompanying the binary distribution.
Contact data from EULA:
ESTsoft Corp.
ESTsoft Research & Development Center
867-12 Bongcheon Dong, Kwanak Gu
151-836
Seoul, Korea
Fax: +82-2-583-4628
Email: [email protected]
----------
files: EULA.txt
messages: 11251
priority: normal
status: open
substatus: open
title: ALShow (ESTsoft) violates the GPL
topic: (L)GPL violation
________________________________________________
FFmpeg issue tracker <[email protected]>
<https://roundup.ffmpeg.org/issue2107>
________________________________________________
By choosing yes, you agree to the terms and conditions of this agreement
outlined below:
END USER LICENSE AGREEMENT
By installing or using the ESTsoft (the âCompanyâ) product ALShow (the
âSoftwareâ) you indicate your agreement to the terms of this End User
License Agreement (the âAgreementâ). If you do not agree to the terms
herein, you are not authorized to copy or use the Software. The Software, all
images, photographs, icons and text incorporated in the Software, are owned by
Company or its third party suppliers (âThird Party Supplierâ) and are
protected by United States copyright laws and international treaty provisions.
Except to the extent expressly licensed herein, all rights are reserved to
Company and its Third Party Suppliers. You may not reverse engineer, decompile
or disassemble the Software.
ATTENTION: USE OF THE SOFTWARE IS SUBJECT TO THE TERMS SET FORTH BELOW. USING
THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT
THESE TERMS YOU ARE NOT AUTHORIZED TO USE THIS SOFTWARE.
LICENSE GRANT
The Company grants you a non-exclusive, royalty-free, worldwide right and
license to use the executable version of the Software, where âuseâ in this
Agreement means storing, loading, installing or executing the Software. You may
not modify the Software or disable any licensing or control features of the
Software. You agree that you may not copy the written materials accompanying
the Software. You may copy the software for archival purposes so long as the
copy is unmodified from the original distribution and the copy retains all of
the original Softwareâs proprietary notices. You may not redistribute this
software except as provided herein. You may not rent or lease your rights to
the Software or documentation.
You shall not use the Software in any manner that could damage, disable,
overburden or impair any features or services provided through the Software.
OWNERSHIP
All right, title and interest in and to the Software is owned and copyrighted
by the Company or its Third Party Suppliers. Your license confers neither title
to nor ownership in the Software and is not a sale of any rights in the
Company. Company Third Party Suppliers may protect their rights in the event of
any violation of this License Agreement as if such Third Party Suppliers were
parties to this License Agreement. No license is given to you under any patent
or patent application of Company.
COPIES, ADAPTATIONS AND DISTRIBUTION
Other than as provided in the License Grant section of this agreement and
herein below, you may only make copies or adaptations of the Software for
archival purposes or when copying or adaptation is an essential step in the
authorized use of the Software. You must reproduce all copyright notices in the
original Software on all copies or adaptations. Except as provided in the
Assignment and Non-assignment section of this Agreement you may not distribute
a license key, license code, serial code or other licensing device for the
Software to any third party unless you obtain written permission from Company.
You may freely redistribute the Software provided that you do not charge a fee,
whether for distribution or the media containing the Software, except as
permitted herein.
ISPs, technology publications, non-profit organizations, charities or
charitable organizations, and educational organizations such as schools or
universities may distribute the Software for free to home users, volunteers, or
students for non-commercial private use provided that they do not charge a fee
for the Software, but may charge reasonable handling and duplication fees
provided that the recipient is explicitly made aware that they are not being
charged for the Software and that the token fee associated is exclusively to
cover handling and duplication fees. If the Software is included as part of a
distribution package for which a fee is being charged, you may include the
Software provided that you do not levy charges for the distribution package
beyond reasonable additional handling and duplication fees and that the
recipient is explicitly made aware that they are not being charged for the
Software.
If the Software is distributed as a part of another package or software bundle
or in association with services for which a fee is being levied, Company
permission must first be obtained.
In all cases where this Software is distributed, it must remain complete and
unchanged in its original ZIP or EXE package with all messages intact. You may
rename the distributable ZIP or EXE file for management purposes provided that
the Software name and version number remain clear in the new file name.
You may create a translated adaptation of the Software and its accompanying
documentation (âDocumentationâ) into another human language. If you submit
a translation of all or any of the Software or Documentation, you agree that
the translation and its copyright is the exclusive property of Company. You
also agree that compensation or non-compensation for your translation
submission of the Software or Documentation is solely at the discretion of
Company.
NO DISASSEMBLY, RECOMPILATION OR DECRYPTION
You may not disassemble or decompile the Software unless Company prior written
consent is obtained. In some jurisdictions, Company consent may not be required
for limited disassembly or decompilation. Upon request, you will provide
Company with reasonably detailed information regarding any disassembly or
decompilation. You may not decrypt the Software unless decryption is an
essential step in the authorized use of the Software.
NO WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS
ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS
PROVIDED âAS ISâ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY PROPRIETARY
RIGHTS. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE
REMAINS WITH YOU.
NO LIABILITY FOR DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER COMPANY NOR ITS
THIRD PARTY SUPPLIERS SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR
LOSS OF BUSINESS PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THE USE OR INABILITY
TO USE THIS SOFTWARE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. FURTHERMORE, THE COMPANYâS LIABILITY FOR
DIRECT DAMAGES SHALL NOT EXCEED THE LICENSE FEE, IF ANY, PAID BY YOU DIRECTLY
TO THE COMPANY FOR USE OF THE PRODUCT OR ANY LICENSE FEE RECEIVED BY THE
COMPANY FOR THE USE OF THE PRODUCT IF PURCHASED THROUGH AN AUTHORIZED THIRD
PARTY.
CUSTOMER REMEDIES
YOUR EXCLUSIVE REMEDY SHALL BE, AT COMPANY OPTION, REPAIR OR REPLACEMENT OF THE
SOFTWARE OR REFUND OF PART OR ALL OF THE LICENSE FEE, IF ANY, PAID BY YOU FOR
THE SOFTWARE.
INDEMNIFICATION
This Software is intended for use with media, files, and content for which you
have sufficient rights to, authority for, or ownership of. It is your
responsibility to ascertain whether copyrights, patents, or other licenses are
needed for the content that you use in conjunction with the Software. You agree
to hold harmless, indemnify and defend the Company, their officers, directors,
employees and Third Party Suppliers against any loss, damage, fine, or expense
(including attorneyâs fees) arising out of or related to any claim that you
have used this Software in violation of applicable laws in your jurisdiction.
It is your responsibility to abide by the laws of whichever jurisdiction you
reside in.
THIRD PARTY BENEFICIARIES
Candeo is hereby explicitly named as a Third Party Supplier to Company for the
Software and as such is a third party beneficiary (âThird Party
Beneficiaryâ) to this Agreement. As a Third Party Beneficiary to this
Agreement, Candeo is entitled to directly enforce, in its own name, the rights
and obligations undertaken by end users and to seek all legal and equitable
remedies as are afforded to Company. Candeo powers search query results from
the Software.
DATA COLLECTION AND USAGE
No third party software is installed with the Software. As part of the
Software, additional software components (âSoftware Componentsâ) authored
by Company may be incorporated into the Software or installed alongside the
Software for the purpose of Software maintenance, updates and aggregate usage
statistics. The Software Components installed may include ALUpdate and ESTsoft
Error Reporting Tool. Through ALUpdate and ESTsoft Error Reporting Tool,
Company does not collect, use, or disclose any personally identifiable
information.
Company may collect information relevant to Software usage through ALUpdate
including IP address, a non-personally identifying unique ID, operating system
information, reporting date, and ALTools information. ALTools information
includes ALTools product names, versions, subversions, locales, and run counts.
ALUpdate will not automatically update Software without your explicit consent,
but may display update notifications for you to download and install updates
for the Software as they become available. ALUpdate may perform
self-maintenance in order to update all or part of itself for the sole purpose
of maintaining a high quality of service and maintaining internal compatibility
with itself for installed ALTools applications.
ESTsoft Error Reporting Tool requires user action and explicit consent to
report Software errors to Company. Information transmitted by ESTsoft Error
Reporting Tool may include Software name, Software version, stack dump, loaded
modules, crash address, operating system information and a non-personally
identifying unique ID.
All information collected by Company is aggregated then deleted. Company may
disclose aggregate information at its sole discretion.
USER ACCOUNTS
During your use of the Software you may at your sole discretion choose to
register for a user account with Company to enable certain features of the
Software. Your user account is governed by the terms of service at the Company
web site where you obtain your user account, and account information is
provided by you purely on a voluntary basis. Company only requires minimal
information from you to create your user account, which includes a valid email
address, but you may provide additional information to Company at your sole
discretion. Your email address is used to verify your account, and is also used
to send you news and update information about Company and Company products,
including the Software and ALTools. You may choose at any time to change your
account settings to receive or not receive these notifications. Please refer to
the Company web site for more information at http://www.altools.com.
Your user account provides you with access to additional features in the
Software. During your use of additional features of the Software, you may enter
personal or sensitive data. This data is securely encrypted so that only you
can access it with your password, transmitted over SSL and stored in encrypted
form on Company servers for you to access from any Internet connected PC with
the Software installed on it when you login to the Software through your user
account with your correct ID and password. Secure data cannot be retrieved
without your correct ID and password, so Company cannot access your encrypted
data and cannot restore your encrypted data to an intelligible form. Please
refer to the Company web site for details regarding security at
http://www.altools.com.
PRIVACY
Your privacy is very important. The Software does not serve any advertisements
to you via âpop-upâ or âpop-underâ windows
CONTENT AND DISCLOSURE
You understand that all content resulting from links to external web sites or
search queries, including, without limitation all data, links, articles, search
results, photographs or other materials (âContentâ) made available or
accessible through the Software, is the sole responsibility of the entity from
whom it originated. You understand and agree that by using the Software, you
may be exposed to Content that may be offensive, indecent or objectionable in
your community. You agree to accept all risks associated with the use of any
Content, including any risks associated with the integrity, quality, legality,
accuracy or completeness of such Content. You acknowledge that Company and its
Third Party Suppliers do not control or have knowledge of the Content made
available or accessible through the Software and that Company and its Third
Party Suppliers bear no liability, directly or indirectly, for any damage
caused by the use of or reliance on any such content, goods, or services
available on or through any such site or resource.
TERMINATION
This Agreement shall continue for the duration of Company copyright in the
Software, unless earlier terminated as provided herein. The Company may
terminate your license immediately without notice to you for your failure to
comply with any of the terms set forth in this Agreement. Upon termination, you
must immediately destroy the Software, together with all copies, adaptations
and merged portions thereof in any form. Obligations to pay accrued charges or
fees shall survive the termination of this Agreement.
You may terminate this Agreement at any time by uninstalling the Software and
deleting all copies of it.
ASSIGNMENT AND NON-ASSIGNMENT
If you are an individual and this Agreement is for a single license, then this
license is personal to you but you may assign your rights under this Agreement
to a third party who agrees in writing to be bound to this Agreement prior to
the assignment and provided that you transfer all copies of the Software,
registration keys and/or codes, and related documentation to the third party
and destroy any copies not transferred. If you are an individual and this
Agreement is for a multi-user license, or you are not an individual and are an
entity, then you may not assign your rights under this Agreement without the
prior written permission of the Company. If you are an entity that merges with
or is acquired by another entity then your rights under this Agreement shall be
deemed to be temporarily assigned to the resulting entity of that merge or
acquisition provided that you supply the Company with written notice not later
than the date on which any public announcement of that merger or acquisition is
made. Upon receipt of written notice, the Company shall have thirty (30) days
to either accept or reject the assignment of rights.
EXPORT REQUIREMENTS
You may not export or re-export the Software or any copy or adaptation in
violation of the laws of the Republic of South Korea or the jurisdiction in
which you obtained the Software. Company likes cute things, makes cute
software, and drinks Kool-Aid, so you agree that you may not use the Software
for the design, manufacture or production of missiles, biological weapons,
chemical weapons, nuclear weapons, teddy-bear ninja assassins, or other icky
bad things. You may use the Software for the design, manufacture or production
of omelets, soufflés, quiche, eggnog, crème caramel, Easter eggs, and other
yummy desserts as previously mentioned or cuddly teddy-bears that do not
assassinate people. Use of the Software to design, manufacture or produce any
teddy-bear ninja assassins automatically terminates your license for the
Software and makes you a very bad person too!
U.S. GOVERNMENT RESTRICTED RIGHTS
The Software and any accompanying documentation have been developed entirely at
private expense. They are delivered and licensed as âcommercial computer
software.â If this Software is acquired under the terms of a DOD or civilian
agency contract, use, reproduction or disclosure of the Software by the
Government is subject to the restrictions set forth in this License Agreement
in accordance with 48 C.F.R. 227.7202 or 48 C.F.R. 12.212, respectively.
NEGATION OF PARTNERSHIP
Company shall not become or be deemed a partner or a joint venture with you by
reason of the provisions of this license.
GOVERNING LAW AND FORUM
Irrespective of the place of execution or performance, this License Agreement
shall be governed and construed in accordance with the laws of the Republic of
Korea applicable to agreements. Any litigation to enforce or interpret the
provisions of this License Agreement or the partiesâ rights or obligations
arising out of this License Agreement or the performance hereunder shall be
maintained only in the courts in the City of Seoul, Korea, and the parties
expressly consent to personal jurisdiction in such courts. In the event that
you breach this Agreement or indicate your intention to breach this Agreement
in any manner that violates or may violate the Companyâs intellectual
property rights or may cause continuing or irreparable harm to the Company, the
Company may seek injunctive relief in any court of competent jurisdiction. The
United Nations Convention on Contracts for the International Sale of Goods is
specifically disclaimed.
ENTIRE AGREEMENT
Unless otherwise expressly agreed in writing, this License Agreement
constitutes the sole and exclusive agreement between you and Company with
regard to the Software, and supersedes all prior agreements, whether oral or
written, and other communications between the parties relating to the subject
matter set forth herein.
If you have any questions regarding this License Agreement or if you wish to
request any information from Company, please contact the firm at the address or
email address below. Please specify which language, English or Korean that you
wish to receive correspondence in.
ESTsoft Corp.
ESTsoft Research & Development Center
867-12 Bongcheon Dong, Kwanak Gu
151-836
Seoul, Korea
Fax: +82-2-583-4628
Email: [email protected]
Copyright © ESTsoft Corp. All rights reserved. ALZip, ALSee, ALShow, ALSong,
ALFTP, ALPass, ALToolbar and ALTools are trademarks of ESTsoft Corp.
