Carl Eugen Hoyos <[email protected]> added the comment:
I downloaded gyganinstall_070.exe (size 8954678, md5sum
ae8269620da040c2762251ebc5820731, uploaded to
/samples/ffmpeg-bugs/roundup/issue2458). It contains a GPL'd binary distribution
of libavcodec, but no attribution and no sources (afaict).
EULA attached.
Contact: [email protected] and [email protected]
----------
status: new -> open
substatus: new -> reproduced
________________________________________________
FFmpeg issue tracker <[email protected]>
<https://roundup.ffmpeg.org/issue2458>
________________________________________________
Terms of Service
This GYGAN Agreement, in conjunction with the Acceptable Use Policy, âAUPâ,
Privacy Policy and other terms and conditions of use which are incorporated
herein by reference and may be posted and applicable to specific services,
governs your use of the GYGAN website and application, is a LEGALLY BINDING
CONTRACT, and are collectively referred to as the âAgreementâ.
By checking the box next to âI accept the agreementâ, you are signifying
that you have read the Agreement, that you understand the Agreement, and you
agree to be bound by all of the terms of the Agreement. IF YOU DO NOT FULLY AND
COMPLETELY AGREE TO THE TERMS OF THE AGREEMENT AND YOU, AS A RESPONSIBLE USER,
CHOSE TO CONTINUE USING GYGAN, YOU WILL BE BOUND TO THE TERMS AND CONDITIONS OF
THE AGREEMENT.
GYGAN Services are available to anyone over the age of 13, in observance of and
compliance with the Childrenâs Online Privacy Protection Act. Accounts for
business entities must be created and maintained by an individual capable of
and authorized to enter into binding contracts on behalf of the entity. Anyone
using GYGAN Services must comply with the GYGAN Agreement and Privacy Policy.
Anyone, including business entities, not in compliance may be removed and
banned from the Services without prior notice. GYGAN reserves the right to
terminate your access to any and/or all parts of the Services at any time for
any reason without prior notice or liability. The terms of this Agreement and
Privacy Policy shall survive any termination of your access to the Services.
You acknowledge that the Services contains various materials and content,
without limitation, the âContentâ, provided either by GYGAN, third party
authors, developers and vendors and the underlying intellectual rights,
copyright and trademarks are owned by GYGAN and /or its contributors and may
not be copied in whole or in part. All Content on the Services is copyrighted
as a collective work of GYGAN pursuant to applicable copyright law. You may
download, copy and make personal, non-commercial use of the Content permitted
by the United States Copyright Act and not otherwise prohibited by any
applicable law, rule or regulation; provided that you maintain all copyright
and other notices contained in such Content; and provided that you shall not
retain or store any significant portion of any Content. You will comply with
laws regarding transmission of data.
You may upload on the Services Content created by you or for which you have
received express permission from the owner so that other users may view and
download said Content. You assume all risk and liability for the Content you
upload. You grant, transfer and assign to GYGAN and its successors, assigns and
licensees, FOR THE SOLE PURPOSE of enabling us to make your Content available
through the Service, a fully-paid, royalty-free, irrevocable, perpetual,
worldwide right and license to publish, distribute, reproduce, transmit, use,
translate and archive the Content.
You, not GYGAN, are solely responsible for the Content you upload and store on
servers. You bear full responsibility and sole liability for any lost or
irrecoverable data. You understand and agree that GYGAN reserves the right to
delete, move, archive (including account information) or edit any Content that
it may determine violates this Agreement, its Privacy Policy or is otherwise
unacceptable and may terminate your access to the Services, without prior
notice and at its sole discretion. You understand that you may be exposed to
offending Content and waive your right to any damages.
If your copyrighted or trademarked works are on the GYGAN website/application
without your permission, please contact [email protected] describing the work
that has been infringed, where it is located on the website, and provide your
contact information and a statement, made under penalty of perjury, that the
information in your notice is accurate and that you are the owner, or
authorized by the owner, of the copyrighted or trademarked work. Illegal files
will be removed immediately after notice with sufficient information.
You control your data through its generated link via your free or paid account
and/or cookies which may be placed on your computer. GYGAN bears no
responsibility for maintaining your data indefinitely.
You are responsible for maintaining the confidentiality of your access
information and are responsible for all activities that occur utilizing your
information. Although GYGAN will not be liable for any losses you might suffer,
you may be liable for the losses of GYGAN or others.
GYGAN does not represent or endorse the accuracy of any Content and you
acknowledge your use of Content is at your sole risk. GYGAN may, in its sole
discretion, correct any errors or omissions in any Content. GYGAN Content may
contain links to external sites; however, GYGAN is not responsible for any
availability of or the content on or through any external site.
You are solely responsible for your interactions with other users of the
Services. Any views expressed on the website do not reflect the views of GYGAN.
GYGAN reserves the right to determine what is harmful to its users, operations
or reputation, including any activities that restrict or inhibit any other user
from using and enjoying the Services. Complaints about violators of our
policies should be sent to [email protected]. Each complaint will be investigated
and appropriate action will be taken.
GYGAN may change, suspend or discontinue all or any aspect of the Services at
any time, including the availability of any feature, database, or Content,
without prior notice or liability.
GYGAN may contain links to third party websites. By use of the Services, you
expressly relieve GYGAN from any and all liability arising from your use of any
third-party website.
NEITHER GYGAN NOR ANY PROVIDER OF ANY THIRD PARTY CONTENT WARRANTS THAT THE
SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR MAKE ANY WARRANTY OF THE
RESULTS TO BE OBTAINED FROM USE OF THE SERVICES OR CONTENT. BOTH THE SERVICES
AND CONTENT ARE DISTRIBUTED ON AN âAS IS, AS AVAILABLEâ BASIS. NEITHER
GYGAN NOR ANY THIRD PARTY MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT
TO THE SERVICES OR CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE
SERVICES.
NEITHER GYGAN NOR ANY THIRD PARTY WARRANT THAT ANY FILES AVAILABLE FOR
DOWNLOADING THROUGH THE SERVICES WILL BE FREE OF VIRUSES OR SIMILAR
CONTAMINATION OR DESTRUCTIVE FEATURES. YOU AGREE THAT YOU ASSUME ALL RISK AS TO
THE QUALITY AND PERFORMANCE OF THE SERVICES AND THE ACCURACY AND COMPLETENESS
OF THE CONTENT. GYGAN IS NOT RESPONSIBLE OR LIABLE FOR ANY UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR CONTENT OR FOR ANY VIOLATION OF ITS TERMS OF SERVICE.
You agree to indemnify, defend and hold GYGAN and its affiliates, and their
respective officers, directors, owners, agents, information providers and
licensors harmless from and against any and all claims, liability, losses,
damages, costs and expenses, including attorneys fees, incurred by any GYGAN
Party in connection with any Content or use of the Services, whether via your
password and by any other person, whether or not authorized by you. GYGAN
reserves the right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, and in such
case, you agree to cooperate with GYGANâs defense of such claim.
NEITHER GYGAN NOR ANY THIRD PARTY PROVIDER SHALL BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF
SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
WILL GYGANâS AGGREGATE LIABILITY TO YOUR OR ANY THIRD PARTY FOR ANY AND ALL
CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES EXCEED ONE
HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GYGAN AND YOU. IN
STATES NOT ALLOWING EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, GYGAN AND ANY THIRD PARTY PROVIDER
SHALL BE LIMITED TO THE GREATEST EXTENT OF THE LAW.
This Agreement shall be construed in accordance with the laws of Country of
Barbados, without reference to principles of choice of law. You and GYGAN each
irrevocably consent to the personal jurisdiction of the federal or state courts
located in Barbados (âCourtsâ) with respect to any action, suit or
proceeding arising out of or related to this Agreement or to the Services and
/or Content and waive any objection to venue in any of the Courts for such as
action, suit or proceeding; additionally, you agree that you will not bring any
such action, suit or proceeding in any court other than the Courts.
This Agreement constitutes the entire agreement between the parties with
respect to the subject matter hereof, and supersedes all previous written or
oral agreements between the parties with respect to such subject matter. If any
inconsistency exists between the terms of this Agreement and any additional
terms and conditions posted on the Services, such terms shall be interpreted as
to eliminate any inconsistency, if possible, and otherwise, the additional
terms and conditions shall control. If any provision of this Agreement is held
invalid, illegal or unenforceable in any respect, (i) such provision shall be
interpreted in such a manner as to preserve, to the maximum extent possible,
the intent of the parties, (ii) the validity, legality and enforceability of
the remaining provisions shall not in any way be affected or impaired thereby,
and (iii) such decision shall not affect the validity, legality or
enforceability of such provision under other circumstances.