New submission from Carl Eugen Hoyos <[email protected]>:
bigasoft.com sells Bigasoft Total Video Converter for $31.50. The installer
(b-total-video-converter.exe, size 8092765, md5sum
b928a300895fc20b7991ceabfd7ee9b3, will upload to
samples/ffmpeg-bugs/roundup/issuennnn) shows attached EULA, and contains a GPL'd
copy of ffmpeg (and ffplay) with support for libfaac.
Contact: [email protected] and [email protected]
Possibly related to issue 2403.
----------
files: EULA.txt
messages: 12827
priority: normal
status: open
substatus: open
title: Bigasoft violates the GPL
topic: (L)GPL violation
________________________________________________
FFmpeg issue tracker <[email protected]>
<https://roundup.ffmpeg.org/issue2404>
________________________________________________
END USER LICENSE AGREEMENT
IMPORTANT READ CAREFULLY: This End-User License Agreement ("EULA") is a legal
agreement between you (either an individual person or a single legal entity,
who will be referred to in this EULA as "You") and the Licensor for the
Bigasoft that displays this EULA, including any associated media, printed
materials and electronic documentation (the "Software"). The Software also
includes any software updates, add-on components, web services and/or
supplements that the Licensor may provide to You or make available to You after
the date You obtain Your initial copy of the Software to the extent that such
items are not accompanied by a separate license agreement or terms of use. By
installing, copying, downloading, accessing or otherwise using the Software,
You agree to be bound by the terms of this EULA. If You do not agree to the
terms of this EULA, do not install, access or use the Software.
For purposes of this EULA, the term "Licensor" refers to Bigasoft, except in
the event that You acquired the Software as a component of a Bigasoft software
product originally licensed from the manufacturer of your computer system or
computer system component, then "Licensor" or refers to such hardware
manufacturer. By installing, copying, downloading, accessing or otherwise using
the Software, You agree to be bound by the terms of this EULA. If You do not
agree to the terms of this EULA, Licensor is unwilling to license the Software.
In such event, You may not install, copy, download or otherwise use the
Software.
NOTE: IF YOU DO NOT HAVE A VALID LICENSE FOR THIS SOFTWARE PRODUCT, YOU ARE NOT
AUTHORIZED TO INSTALL, COPY OR OTHERWISE USE THE SOFTWARE.
SOFTWARE LICENSE
The Software is protected by intellectual property laws and treaties. The
Software is licensed, not sold.
1) This EULA grants you the following rights:
Systems Software - .
You may install and use one copy of the SOFTWARE PRODUCT on a single computer,
including a workstation, terminal or other digital electronic device
("COMPUTER").
Storage/Network Use - You may also store or install a copy of the SOFTWARE
PRODUCT on a storage device, such as a network server, used only to install or
run the SOFTWARE PRODUCT on your other COMPUTERS over an internal network;
however, you must acquire and dedicate a license for each separate COMPUTER on
or from which the SOFTWARE PRODUCT is installed, used, accessed, displayed or
run. A license for the SOFTWARE PRODUCT may not be shared or used concurrently
on different COMPUTERS.
Restrictions:
* You may not sell, license or distribute copies of the Software on a
stand-alone basis or as part of any collection, product or service where the
primary value of the product or service are the Software.
* You may not use or distribute any of the Software that include
representations of identifiable individuals, governments, logos, initials,
emblems, trademarks, or entities for any commercial purposes or to express or
imply any endorsement or association with any product, service, entity, or
activity.
* You must indemnify, hold harmless, and defend Bigasoft from and against any
claims or lawsuits, including attorneys' fees, that arise from or result from
the use or distribution of Software as modified by You.
* Bigasoft respects the rights of artists and film companies, and the proper
use of the software does not violate those rights. You cannot copy DVDs in
order to sell or give away copies, or for any commercial purpose.
* Bigasoft discourages any attempt to copy rented DVDs. It is illegal to make a
copy of a DVD for most purposes other than your own personal use. Bigasoft
respects the rights of artists and film companies, and asks that You do the
same.
* Using the SOFTWARE will create backup copies of DVDs. The copy will be an
archival backup copy of a DVD, created solely for the private and personal use
of the owner of the DVD from which it was made. Federal copyright laws prohibit
the unauthorized reproduction, distribution, or exhibition of copyrighted
materials, if any, contained in the archival backup copy. The resale,
reproduction, distribution, or commercial exploitation of the archival backup
copy is strictly forbidden. We ask you to respect the rights of copyright
holders.
2) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
* Limitations on Reverse Engineering, Decompilation, and Disassembly. You may
not reverse engineer, decompile, or disassemble the Software, except and only
to the extent that such activity is expressly permitted by applicable law
notwithstanding this limitation.
* Trademarks. This EULA does not grant You any rights in connection with any
trademarks or service marks of Licensor or its suppliers.
* No rental, leasing or commercial hosting. You may not rent, lease, lend or
provide commercial hosting services to third parties with the Software.
* Support Services. Licensor may provide You with support services related to
the Software ("Support Services"). Use of Support Services is governed by the
policies and programs described in the user manual, in "online" documentation,
or in other materials from the support services provider. Any supplemental
software code provided to You as part of the Support Services are considered
part of the Software and subject to the terms and conditions of this EULA. You
acknowledge and agree that Licensor may use information You provide to Licensor
as part of the Support Services for its business purposes, including for
product support and development. For Software licensed from the hardware
manufacturer, please refer to the manufacturer's support number and address
provided in Your hardware documentation.
* Termination. Without prejudice to any other rights, Licensor or its suppliers
may terminate this EULA if You fail to comply with the terms and conditions of
this EULA. In such event, You must destroy all copies of the Software and all
of its component parts.
* UPGRADES If the SOFTWARE PRODUCT is labeled as an upgrade, you must be
properly licensed to use a product identified by Bigasoft as being eligible for
the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as
an upgrade replaces and/or supplements the product that formed the basis for
your eligibility for the upgrade. You may use the resulting upgraded product
only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an
upgrade of a component of a package of software programs that you licensed as a
single product, the SOFTWARE PRODUCT may be used and transferred only as part
of that single product package and may not be separated for use on more than
one computer.
* BACKUP COPY After installation of one copy of the SOFTWARE PRODUCT pursuant
to this EULA, you may keep the original media on which the SOFTWARE PRODUCT was
provided by Bigasoft solely for backup or archival purposes. If the original
media is required to use the SOFTWARE PRODUCT on the COMPUTER, you may make one
copy of the SOFTWARE PRODUCT solely for backup or archival purposes. Except as
expressly provided in this EULA, you may not otherwise make copies of the
SOFTWARE PRODUCT or the printed materials accompanying the SOFTWARE PRODUCT.
* AUTOMATIC COMMUNICATIONS FEATURES. The SOFTWARE PRODUCT consists of
interactive Internet applications that perform a variety of communications over
the Internet as part of its normal operation. A number of communications
features (such as update reminder, error information collection etc.) are
automatic and are enabled by default, which help us to provide better products
and service. By installing and/or using the SOFTWARE PRODUCT, you consent to
the SOFTWARE PRODUCT's communications features. Once you have activated the
SOFTWARE PRODUCT, some information (such as Computer Manufacturer, Video
Processor, OS Version, Physical Memory, Time Zone, Sound Device Manufacturer,
Country, System Language and Current Language etc.) will be sent in
communications with Bigasoft servers. Information received will not be used to
personally identify you. We will keep these materials safe and will not give to
any 3rd party. You are responsible for any telecommunications or other
connectivit
y charges incurred through use of the Software.
* INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in
and to the Software (including but not limited to any images, photographs,
animations, video, audio, music, text, and "applets" incorporated into the
Software), the accompanying printed materials, and any copies of the Software
are owned by Licensor or its suppliers. All title and intellectual property
rights in and to the content that is not contained in the Software, but may be
accessed through use of the Software, is the property of the respective content
owners and may be protected by applicable copyright or other intellectual
property laws and treaties. This EULA grants You no rights to use such content.
If this Software contains documentation that is provided only in electronic
form, you may print one copy of such electronic documentation. You may not copy
the printed materials accompanying the Software. All rights not specifically
granted under this EULA are reserved by Licensor and its suppl
iers.
* U.S. GOVERNMENT LICENSE RIGHTS. All Software provided to the U.S. Government
pursuant to solicitations issued on or after December 1, 1995 is provided with
the commercial license rights and restrictions described elsewhere herein. All
Software provided to the U.S. Government pursuant to solicitations issued prior
to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR,
48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as
applicable.
* EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S.
export jurisdiction. You agree to comply with all applicable international and
national laws that apply to the Software, including the U.S. Export
Administration Regulations, as well as end-user, end-use and destination
restrictions issued by U.S. and other governments.
* APPLICABLE LAW. If you acquired this Software in the United States, this EULA
is governed by the laws of the State of Missouri. If this Software was acquired
outside the United States, then local law may apply.
* LIMITED WARRANTY
NOTE: IF YOU LICENSED THE SOFTWARE FROM A HARDWARE MANUFACTURER AS A COMPONENT
OF A BIGASOFT SOFTWARE PRODUCT, PLEASE REFER TO THE LIMITED WARRANTIES,
LIMITATION OF LIABILITY, AND OTHER SPECIAL PROVISION APPENDICES PROVIDED WITH
OR IN SUCH OTHER BIGASOFT SOFTWARE PRODUCT. SUCH LIMITED WARRANTIES,
LIMITATIONS OF LIABILITY AND SPECIAL PROVISIONS ARE AN INTEGRAL PART OF THIS
EULA AND SHALL SUPERSEDE ALL OF THE WARRANTIES, LIMITATIONS OF LIABILITY AND
OTHER SPECIAL PROVISIONS SET FORTH BELOW.
3) FOR SOFTWARE LICENSED DIRECTLY FROM BIGASOFT, THE FOLLOWING SECTIONS APPLY:
LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN THE US AND CANADA. Bigasoft warrants
that the Software will perform substantially in accordance with the
accompanying materials for a period of ninety (90) days from the date of
receipt.
If an implied warranty or condition is created by your state/jurisdiction and
federal or state/provincial law prohibits disclaimer of it, you also have an
implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE
PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED
AFTER THE NINETY (90) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY
KIND. Some states/jurisdictions do not allow limitations on how long an implied
warranty or condition lasts, so the above limitation may not apply to you.
Any supplements or updates to the Software, including without limitation, any
(if any) service packs or hot fixes provided to you after the expiration of the
ninety (90) day Limited Warranty period are not covered by any warranty or
condition, express, implied or statutory.
LIMITATION ON REMEDIES: NO CONSEQUENTIAL OR OTHER DAMAGES - Your exclusive
remedy for any breach of this Limited Warranty is as set forth below. Except
for any refund elected by Bigasoft, YOU ARE NOT ENTITLED TO ANY DAMAGES,
INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not
meet Bigasoft' Limited Warranty, and, to the maximum extent allowed by
applicable law, even if any remedy fails of its essential purpose. The terms of
the section below ("Exclusion of Incidental, Consequential and Certain Other
Damages") are also incorporated into this Limited Warranty. Some
states/jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to
you. This Limited Warranty gives you specific legal rights. You may have others
which vary from state/jurisdiction to state/jurisdiction.
YOUR EXCLUSIVE REMEDY. Bigasoft' and its suppliers' entire liability and your
exclusive remedy shall be, at Bigasoft' option from time to time exercised
subject to applicable law, (a) return of the price paid (if any) for the
Software, or (b) repair or replacement of the Software, that does not meet this
Limited Warranty and that is returned to Bigasoft with a copy of your receipt.
You will receive the remedy elected by Bigasoft without charge, except that you
are responsible for any expenses you may incur (e.g. cost of shipping the
Software to Bigasoft). This Limited Warranty is void if failure of the Software
has resulted from accident, abuse, misapplication, abnormal use or a virus. Any
replacement Software will be warranted for the remainder of the original
warranty period or thirty (30) days, whichever is longer. Outside the United
States or Canada, neither these remedies nor any product support services
offered by Bigasoft are available without proof of purchase from an
authorized international source. To exercise your remedy, contact: Bigasoft
http://www.bigasoft.com.
DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the only
express warranty made to you and is provided in lieu of any other express
warranties (if any) created by any documentation or packaging. Except for the
Limited Warranty and to the maximum extent permitted by applicable law,
Bigasoft and its suppliers provide the Software and support services (if any)
AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and
conditions, either express, implied or statutory, including, but not limited
to, any (if any) implied warranties, duties or conditions of merchantability,
of fitness for a particular purpose, of accuracy or completeness of responses,
of results, of workmanlike effort, of lack of viruses, and of lack of
negligence, all with regard to the Software, and the provision of or failure to
provide support services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE,
QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRIN
GEMENT WITH REGARD TO THE Software.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BIGASOFT OR ITS
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS
OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL
INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD
FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR
OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR
INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT
SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA,
EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY,
BREACH OF CONTRACT OR BREACH OF WARRANTY OF BIGASOFT OR ANY SUPPLIER, AND EVEN
IF BIGASOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBIL
ITY OF SUCH DAMAGES.
ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA
which is included with the Software) is the entire agreement between you and
Bigasoft relating to the Software and the support services (if any) and they
supersede all prior or contemporaneous oral or written communications,
proposals and representations with respect to the Software or any other subject
matter covered by this EULA. To the extent the terms of any Bigasoft policies
or programs for support services conflict with the terms of this EULA, the
terms of this EULA shall control.
