New submission from Carl Eugen Hoyos <[email protected]>:
Original report:
http://thread.gmane.org/gmane.comp.video.ffmpeg.devel/122418
http://lists.mplayerhq.hu/pipermail/ffmpeg-devel/2010-December/101943.html
I downloaded Clone2Go Video Converter Professional (video-converter-setup.exe,
size 16453070, md5sum 7c51cc73b08ddd04f0a890cc820a0592, will upload to
samples/ffmpeg-bugs/roundup/issuennnn). It contains ffmpeg.exe, mplayer.exe and
attached EULA.
Contact: [email protected]
----------
files: EULA.txt
messages: 13011
priority: normal
status: open
substatus: reproduced
title: Clone2Go violates the GPL
topic: (L)GPL violation
________________________________________________
FFmpeg issue tracker <[email protected]>
<https://roundup.ffmpeg.org/issue2440>
________________________________________________
END USER LICENSE AGREEMENT OF CLONE2GO SOFTWARE
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
CLONE2GO.COM 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 CLONE2GO.COM, except
in the event that You acquired the Software as a component of an CLONE2GO.COM
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.
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 CLONE2GO.COM 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.
* CLONE2GO.COM 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.
* CLONE2GO.COM 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.
CLONE2GO.COM respects the rights of artists and film companies, and asks that
You do the same.
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 CLONE2GO.COM 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 CLONE2GO.COM 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.
* 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, 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 suppliers
.
* 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
3) FOR SOFTWARE LICENSED DIRECTLY FROM CLONE2GO.COM, THE FOLLOWING SECTIONS
APPLY:
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLONE2GO.COM 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 CLONE2GO.COM OR ANY SUPPLIER, AND
EVEN IF CLONE2GO.COM OR ANY SUPPLIER HAS BEEN ADVISED OF
THE POSSIBILITY 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
CLONE2GO.COM 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 CLONE2GO.COM
policies or programs for support services conflict with the terms of this EULA,
the terms of this EULA shall control.
