This End User License Agreement (“EULA”) is a legal agreement between CineCast and you, the user of the CineCast software (the “Software”) and its accompanying User Guide documentation (the “Documentation”) that governs the installation and use of the Software and Documentation on your computer.
By clicking on the “I have read and agree to the terms and conditions of this End User License Agreement” button* and installing the Software and Documentation on your computer, you are agreeing without reservation to be bound by the terms and conditions of this EULA and are becoming a party to this EULA. If you disagree with any of the terms and conditions of this EULA, click the "Cancel” button* and do not install or use the Software.
1. The Software is free to download from the CineCast website. Once installed, the Software defaults to “Trial” mode with functionality limitations as described in the Documentation. A CineCast license key (the “License”) is required to unlock the full functionality of the Software. A single user License can be purchased from the CineCast website for a fee (the “License Fee”).
2. If you purchase a License, then, subject to the terms and conditions of this EULA, CineCast grants you a non-exclusive, non-transferable, revocable right to install and use the Software and Documentation for private or commercial purposes on no more than two computers, such as a desktop computer and a laptop computer, provided that the computers are not used concurrently. Installation of the Software and Documentation on a computer network, such as a local area network, is not permitted.
3. You acknowledge and agree that it is entirely your responsibility to ensure that the functions, capabilities and performance of the Software meet your requirements before purchasing a License. There is no time limit constraint on the Software operating in “Trial” mode for evaluation.
4. You acknowledge that any License information provided to you by CineCast is confidential and that you shall not disclose it to other parties.
5. The Software and Documentation are copyright by CineCast. Title, intellectual property rights and ownership rights in the Software and Documentation shall remain solely in CineCast. You agree not to
(a) rent, lease, sublicense or otherwise commercially make the Software available to a third party, including pre-installed on a computer system;
(b) reverse engineer, decompile, disassemble or modify the Software in any way.
6. To the maximum extent permitted by applicable law, the Software and Documentation is provided to you “as is” and “as available” without warranties of any kind, express or implied, statutory or otherwise, including but not limited to implied warranties of merchantability, non-infringement of third-party rights and fitness for a particular purpose. CineCast does not warrant that the Software is without defects or that the Documentation is complete or error free. You use the Software and Documentation solely at your own risk.
7. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL CINECAST BE LIABLE TO YOU OR ANY OTHER PARTY WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR PERSONAL INJURY OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION DAMAGES FOR CORRUPTION OR LOSS OF DATA, LOSS OF PROFITS OR BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF THE USE, MIS-USE OR INABILITY TO USE THE SOFTWARE AND DOCUMENTATION. YOU AGREE THAT IN NO EVENT SHALL CINECAST'S AGGREGATE LIABILITY TO YOU AND ANY OTHER PARTY FOR DAMAGES OF ANY KIND WHATSOEVER EXCEED THE LICENSE FEE YOU PAID TO CINECAST.
8. CineCast is under no obligation to issue any updates or corrections to the Software or Documentation or to support the Software and Documentation in any way.
9. You may terminate this EULA at any time by erasing your copy of the Software. The right granted to you to install and use the Software will terminate automatically if you fail to comply with any of the terms or conditions of this EULA. Upon termination of this EULA, you agree to erase the Software.
10. This EULA sets forth the entire agreement between you and CineCast. All other rights not specifically granted are reserved by CineCast.
11. If any provision of this EULA violates applicable law, then such provision shall be deemed stricken without affecting the enforceability of the remaining provisions in this EULA.
12. This Agreement shall be governed by the laws of the State of Victoria, Australia.
© 15 September 2022, CineCast. All rights reserved.
https://www.cinecast.com.au (CineCast website)
* These buttons are visible on screen during the CineCast software installation process.
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