New submission from Carl Eugen Hoyos <[email protected]>:
3herosoft Video Converter (video-converter.exe, size 5707375, md5sum
d2a90d4a5ba2d87be1d21e5599aa5fb3, will upload to
samples/ffmpeg-bugs/roundup/issuennnn) is sold for ~25$, contains a GPL'd
version of libavcodec and shows attached incompatible EULA.
Contact: [email protected] [email protected]
----------
files: EULA.txt
messages: 13145
priority: normal
status: open
substatus: open
title: 3herosoft violates the GPL
topic: (L)GPL violation
________________________________________________
FFmpeg issue tracker <[email protected]>
<https://roundup.ffmpeg.org/issue2474>
________________________________________________
END USER LICENSE AGREEMENT
3herosoft Video Converter
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
3herosoft Software Studio 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 3herosoft Software
Studio, except in the event that You acquired the Software as a component of an
3herosoft Software Studio 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 3herosoft Video Converter (A
"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 3herosoft Software Studio 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.
* 3herosoft Software Studio 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.
* 3herosoft Software Studio 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. 3herosoft Software Studio 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 3herosoft Software Studio 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 3herosoft Software Studio 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 are automatic and are enabled by default. By installing and/or using
the SOFTWARE PRODUCT, you consent to the SOFTWARE PRODUCT's communications
features. Once you have activated the SOFTWARE PRODUCT, user information
including your user id will be sent in communications with 3herosoft Software
Studio servers. This information is used to perform a background check against
3herosoft Software Studio license servers. You are responsible for any
telecommunications or other connectivity 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 3HEROSOFT SOFTWARE STUDIO SOFTWARE PRODUCT, PLEASE REFER TO THE LIMITED
WARRANTIES, LIMITATION OF LIABILITY, AND OTHER SPECIAL PROVISION APPENDICES
PROVIDED WITH OR IN SUCH OTHER 3HEROSOFT SOFTWARE STUDIO 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 3HEROSOFT SOFTWARE STUDIO, THE FOLLOWING
SECTIONS APPLY:
LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN THE US AND CANADA. 3herosoft Software
Studio 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 3herosoft Software Studio, YOU ARE NOT ENTITLED TO
ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the
Software does not meet 3herosoft Software Studio' 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. 3herosoft Software Studio' and its suppliers' entire
liability and your exclusive remedy shall be, at 3herosoft Software Studio'
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
3herosoft Software Studio with a copy of your receipt. You will receive the
remedy elected by 3herosoft Software Studio without charge, except that you are
responsible for any expenses you may incur (e.g. cost of shipping the Software
to 3herosoft Software Studio). 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 3herosoft Software Studio are available without
proof of purchase from an authorized international source. To exercise your
remedy, contact: 3herosoft Software Studio http://www.3herosoft.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,
3herosoft Software Studio 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
DESCRIPT
ION OR NON-INFRINGEMENT 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 3HEROSOFT
SOFTWARE STUDIO 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
3HEROSOFT SOFTWARE STUDIO OR ANY SUPPLIER, AND EVEN IF 3HEROSOFT SOFTWARE STUD
IO 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
3herosoft Software Studio 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
3herosoft Software Studio policies or programs for support services conflict
with the terms of this EULA, the terms of this EULA shall control.
