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 
(“Software”). 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 
“I Agree” 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 “Cancel” 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 “Software”) distributed by 
Gretech Corporation (will be referred as “Corporation”) 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 aren’t 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 person’s 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 ‘Private Policy’.

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 user’s 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.

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