Please read the following terms and conditions carefully before using this software. Use of this software indicates you accept the terms of this license agreement and warranty.
Acceptance of Terms
“Materials” means any content made available or enabled by Digital Wave, you or other users of the Services and includes, without limitation, any information, data, documents, images, photographs, graphics, audio, videos, or webcasts, products, and Digital Wave software code and associated documentation (“Software”).
Some Digital Wave Services may also be subject to a subscription or other agreement, posted guidelines, rules, or terms of service (“Additional Terms”). If there is any conflict between the General Terms and the Additional Terms, the Additional Terms take precedence in relation to that Service. The General Terms and any applicable Additional Terms and all other documents incorporated by reference in these General Terms are referred to herein as the “Terms”.
Digital Wave may change the Terms from time to time at its sole discretion, including by imposing a charge for access to or use of a Service. If such changes are made, Digital Wave will make a new copy of the General Terms available at http://www.dvdvideosoft.com/terms-of-use.htm, with any new Additional Terms made available to you from within or through the affected Service. Digital Wave may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. Otherwise, your continued use of any affected Service constitutes your acceptance of the changes.
Your use of the Services is subject to the most current version of the Terms posted on or through the affected Service at the time of such use. Please regularly check http://www.dvdvideosoft.com/terms-of-use.htm to view the then-current General Terms and Addition Terms.
Services and Materials provided by third parties are governed by separate agreements accompanying such Services and Materials.
Use of Services and Materials
You agree to adhere to all limitations on dissemination, use and reproduction of any Materials that you download or access from the Services.
Unless expressly agreed to by Digital Wave in writing elsewhere, Digital Wave has no obligation to store any Materials that you upload, post, email, transmit or otherwise make available through your use of the Services (“Your Content”). “User Content” means any Materials uploaded by you or the other users of the Services. Digital Wave has no responsibility or liability for the deletion or accuracy of any Materials, including Your Content, the failure to store, transmit or receive transmission of Materials, or the security, privacy, storage or transmission of other communications originating with or involving use of the Services. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for Your Content. You agree that Digital Wave retains the right to create reasonable limits on the use of the Materials, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by Digital Wave in its sole discretion.
You agree that your Account Information will always be complete, accurate and up-to-date. It is your responsibility to keep your Account Information confidential at all times and you are solely responsible for all activity that occurs to your Account Information when you are logged in to your account. If you become aware of any unauthorized use of your account or Account Information, or any other breach of security, you agree to notify Digital Wave immediately. You may not use another person’s Account Information. Digital Wave may require that you change your Account Information or certain parts of your Account Information at any time for any reason.
You agree to use the Services and the Materials only for purposes that are permitted by the Terms and any applicable law, regulation, or generally accepted practices or guidelines in any applicable jurisdiction.
You agree not to access or attempt to access the Services by any means other than the interface provided by Digital Wave or circumvent any access or use restrictions put into place to prevent certain uses of the Services.
The Services and Digital Wave Materials, and their selection and arrangement, are protected by copyright, trademark, trade dress, patent, trade secret, unfair competition, and other intellectual and proprietary rights (the “Intellectual Property Rights”). Except as expressly provided in the Terms, Digital Wave and its suppliers do not grant any express or implied rights to use the Services and Materials
Use of Software
Any Software that is made available via the Services or otherwise by Digital Wave is the property of Digital Wave and its suppliers. If the Software made available via the Services is accompanied by license terms, then use of such Software is governed by the terms of such license agreement that accompanies or is included with the Software, or by the license agreement expressly stated on the hyperlinks referenced in the Software. Some license terms are available for review in the End User License Agreement (EULA). Other license terms may only be posted with the Software downloads or at the web page where the Software can be accessed. You shall not use, download or install any Software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. Any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location, redistribution or use on a service bureau basis. If there is any conflict between these Terms and the license agreement provided with such Software, the license agreement shall take precedence in relation to that Software.
If no license agreement accompanies the Software, use of the Software will be governed by the terms of this Section. Digital Wave grants you a personal, worldwide, freely revocable, limited, non-transferable, non-sublicensable, royalty-free, non-assignable, nonexclusive license to use the Software for personal, non-commercial purposes in the manner permitted by the Terms. You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of or distribute the Software. Notwithstanding the foregoing, decompiling the Software is permitted to the extent the laws of the jurisdiction where you are located give you the right to do so to obtain information necessary to render the Software interoperable with other software, provided, however, that you must first request the information from Digital Wave and Digital Wave may, in its discretion, either provide such information to you or impose reasonable conditions, including reasonable fees, on use of the Software to ensure that Digital Wave’s Intellectual Property Rights in the Software are protected. You may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
The Software may automatically download and install updates from Digital Wave from time to time. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new Software modules and completely new versions. You agree to receive such updates (and permit Digital Wave to deliver these to you with or without your knowledge) as part of your use of the Services.
Use of Digital Wave Materials, User Content and Shared Group Content
Except as expressly indicated to the contrary in any applicable Additional Terms, Digital Wave hereby grants you a nonexclusive, freely revocable (upon notice from Digital Wave), nontransferable, license to view, download and print Digital Wave Materials, subject to the following conditions:
You may access and use the Digital Wave Materials solely for personal, informational, non-commercial and internal purposes, in accordance with the Terms;
You may not modify or alter the Digital Wave Materials;
You may not distribute or sell, rent, lease, license or otherwise make the Digital Wave Materials available to others; and
You may not remove any text, copyright or other proprietary notices contained in the Digital Wave Materials.
Some Services involve collaboration and file-sharing services among other users or a specific group in conjunction with such collaboration and file-sharing. The User Content that you or other Users share with other Users through the Services shall be referred to as “Shared Group Content”. While some Services offer functionality to limit another User’s use of your Shared Group Content, such limitations are not guaranteed and it is your sole responsibility to determine what limitations, if any, are placed on Shared Group Content that you distribute. You agree that Digital Wave has no liability of any kind should other Users use, modify, destroy, corrupt, copy or distribute your Shared Group Content in violation of the limitations that you may impose on its use. Further, it is your sole responsibility to determine what limitations are placed on your use of another User’s Shared Group Content, including by looking at a given Service’s functionality and Additional Terms along with any additional restrictions placed by such User on your use of their Shared Group Content
Software is subject to the additional provisions governing Software set forth herein.
The rights granted to you in Digital Wave Materials as specified above are not applicable to the design, layout or look and feel of the of any Services. Such elements of the Services are protected by Intellectual Property Rights and may not be copied or imitated in whole or in part. No Digital Wave Materials may be copied or retransmitted unless expressly permitted by Digital Wave.