Nero 12 12.5.01900

EULA - End User License Agreement

End-User License Agreement

Software Products: The object of this agreement are the Nero software products, each comprising a selection of components, that varies with different product s, as well as standalone applications, plug-ins, feature enhancements and programs from the following list:
Nero Burning ROM, Nero Express, Nero BurnRights, Nero ControlCenter, Nero CoverDesigner, Nero Blu-ray Player, Nero WaveEditor, Nero SoundTrax, Nero BackItUp, Nero Video, Nero Video Express, Nero Recode, SecurDisc Viewer, Nero RescueAgent, Nero DiscSpeed, Nero DiscCopy Gadget, Nero Welcome Application, Nero Kwik Media, Nero Kwik Blu-ray, Nero Kwik Wifi Sync, Nero Kwik Mobile Sync, Nero Kwik Sync, SyncUP, Mobile Sync, Nero Kwik Move it, Nero Kwik Faces, Nero Kwik Burn, Nero Kwik Play, Nero Kwik DVD, Nero Kwik Themes, Nero Template Packs, DTS Plug-in, BD Playback Plug-in, Gracenote Plug-in ("Software")

Licensor: Nero AG ("Nero")
THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE "END USER", AND NERO AG, IM STOECKMAEDLE 18, 76307 KARLSBAD, GERMANY.

CONCLUSION OF THE CONTRACT
THIS AGREEMENT IS EFFECTIVE
BY OPENING THE SEALED PACKING OF NEROS SOFTWARE ON THE "EFFECTIVE DATE," YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE SOFTWARE AND ALL THE ACCOMPANYING ITEMS (INCLUDING WRITTEN MATERIALS AND BINDERS OR OTHER CONTAINERS) TO THE PLACE YOU OBTAINED THEM FOR A FULL REFUND.
OR
BY INSTALLING OR USING THE DOWNLOADED SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY MEANS OF CLICKING THE ACCEPT BUTTON DURING THE INSTALLATION OF THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, REFRAIN FROM INSTALLING THE SOFTWARE OR PROMPTLY UNINSTALL AND DELETE THE SOFTWARE AND ALL THE ACCOMPANYING ITEMS (INCLUDING DOCUMENTATION OR MANUALS) IF THE TERMS OF THIS AGREEMENT COMPRISE AN OFFER BY NERO, THEN YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THE TERMS CONTAINED HEREIN.

The terms of your license agreement ("Agreement") for the Software described above depend on whether you obtained the Software by:
(a) Purchase from a Nero OEM partner; or
(b) Purchase from Nero or a Nero distributor; or
(c) Downloading a free or trial version of the Software.
(d) Participation in a Nero Beta program
which can be distinguished as follows:
If the jewel box in which you received the Software includes the word "OEM" or Essentials on its cover (or on the disc itself), you have acquired a copy of the Software from a Nero OEM partner.
This also applies if you downloaded Software which only allows you to install under the condition that you need to connect a hardware device to your PC.
If the jewel box in which you received the Software has only Nero's label on it and does not include the word "OEM" or Essentials on its cover (or on the disc itself), you have acquired a copy of the Software from either Nero or a Nero distributor.
If the disc containing the software or the Software itself is labeled TRIAL,DEMO,FREE, FREEMIUM ,LITE or similar terms and was downloaded free of charge via Nero's official website www.nero.com you have obtained a free or trial version of the Software.
If the disc containing the software or the Software itself is labeled BETA, PRE RELEASE or similar you have obtained the Software via participation in a Nero Beta program.
CERTAIN TERMS MAY ALSO VARY DEPENDING ON
(e) THE AREA YOU USUALLY RESIDE AND OBTAINED THE SOFTWARE IN
(f) If the Software was obtained via an offer labeled Family, Family Pack or similar

YOU MAY ALSO HAVE CONCLUDED ANOTHER AGREEMENT DIRECTLY WITH NERO THAT SUPPLEMENTS OR SUPERSEDES ALL OR PORTIONS OF THIS AGREEMENT

A. LICENSE TERMS AND CONDITIONS APPLICABLE TO SOFTWARE ACQUIRED FROM OEM PARTNER
I. Grant of license
This Agreement permits you to use one copy of the Software acquired with this license on any single computer ("OEM License"), provided the Software is in use on only one computer at any given time. If you have acquired a multiple license for the Software, then at any one time you may have in use up to as many copies of the Software as you have licenses. The Software is "in use" on a computer when it is loaded into the temporary memory or installed into the permanent memory (e.g. hard disk, CD ROM, or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not considered "in use". If the anticipated number of users of the Software might exceed the authorized number of applicable licenses, then you must have a reasonable mechanism or process in place to assure that the number of concurrent uses of the Software does not exceed the number of licenses.
THE OEM LICENSE GRANTED HEREIN IS ONLY VALID IF ACQUIRED AS A BUNDLE WITH CD/DVD-RECORDING HARDWARE.

II. Copyright
The Software is owned by Nero or its licensors and is protected by copyright laws, international treaty provisions, and other national laws. You agree that you have no right, title or interest in the Software, except as set forth in Subsection I. If the Software is not copy protected you may either
(a) make one copy of the Software solely for backup or archival purposes, or
(b) transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes.
Product manual(s) or written materials accompanying the Software may not be copied.

III. Other restrictions
You may not rent or lease the Software, but you may permanently transfer your rights under this Agreement provided that:
(a) you transfer all copies of the Software and all written materials;
(b) the recipient agrees to be bound by the terms of this Agreement; and
(c) you remove any and all copies of the Software from your computer and cease any further use of the Software.
Any transfer must include the most recent update and all prior versions. You may not copy the Software except as expressly set forth above. You may not reverse engineer, decompile or disassemble the Software unless this right is specifically granted to you by applicable law to decompile only to achieve interoperability with other Software. You are not allowed to post or otherwise make the Software available on the World Wide Web. If you did not acquire the Software in its original packaging and you are not a transfer recipient under this subsection, you are not licensed to use the Software.
Updates and Upgrades: You will have the opportunity to maintain the Software by means of Updates and Upgrades. An "Update" is a new release of the existing Software and is provided to You free of charge by Nero. An "Upgrade" is a major functional enhancement to the Software that You can purchase via the Nero website (www.nero.com). Should you decide to install an Update, the provisions of this Agreement will apply to such Update. Should you purchase an Upgrade, your rights to install and use the Software will be limited to either the originally purchased version of the Software or the Upgrade, but not both, in accordance with the provisions of this Agreement. For the avoidance of doubt, this Agreement permits you to install and use only one version (either the original version or the Upgrade) of the Software at any one time and you agree not to use, transfer or permit any third party to use the version that you have not installed.

IV. Warranties
THE LIMITED WARRANTY SET FORTH IN THIS SECTION PROVIDES YOU WITH SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL RIGHTS BY LAW WHICH VARY FROM JURISDICTION TO JURISDICTION. NERO DOES EXPLICITLY NOT INTEND TO LIMIT YOUR WARRANTY RIGHTS TO AN EXTENT NOT PERMITTED BY LAW. PLEASE SEE SECTION E. LICENSE TERMS AND CONDITIONS APPLICABLE TO CERTAIN JURISDICTIONS FOR PROVISIONS THAT APPLY TO SPECIFIC JURISDICTIONS.
NERO MAKES NO WARRANTIES TO YOU IN CONNECTION WITH THIS OEM LICENSE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The party from whom you purchased the product with which this Software has been bundled may have warranty and/or support obligations to you.

V. Liability for consequential damages
ANY CLAIMS CONCERNING PRODUCT LIABILITY FACING NERO DUE TO REGULATION 85/374/EEC WILL BE GRANTED AND ARE NOT SUBJECT OF THIS AGREEMENT.
YOU MAY HAVE ADDITIONAL RIGHTS BY LAW WHICH VARY FROM JURISDICTION TO JURISDICTION. NERO DOES EXPLICITLY NOT INTEND TO LIMIT YOUR LIABILITY RIGHTS TO AN EXTENT NOT PERMITTED BY LAW. PLEASE SEE SECTION E. LICENSE TERMS AND CONDITIONS APPLICABLE TO CERTAIN JURISDICTIONS FOR PROVISIONS THAT APPLY TO SPECIFIC JURISDICTIONS.
In no event shall Nero or its licensors be liable for any other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use the Software, even if Nero has been advised of the possibility of such damages. You are required to take reasonable measures to avoid, damages, especially to make backup copies of the software and any valuable data stored on your PC. Nero OEM Partners are liable for those damages concerning software purchased from OEM.

VI. Reservation of proprietary rights
All proprietary rights on delivered Software are reserved to Nero unless all claims against the End User are paid off or the cheque is cashed in. If reservation of proprietary rights is performed by Nero, the End User is no longer entitled to use the Software furthermore. All copies made of Neros Software have to be deleted completely and ultimately by the End User.

VII. Duration of the agreement
The agreement is concluded for an undefined period of time. By violating the provisions about copyright and other restrictions according to II. and III. the End User is no longer entitled to use Neros Software and its accompanying items. In this case End User is obligated to resend original discs and all copies of data carriers and to erase completely and ultimately all data from End Users computer established by means of Neros Software. The observance of this agreement is conditional for the legal use of the Software and its accompanying items. In case of violation of any obligation stipulated in this agreement by the End User, Nero is entitled to terminate this agreement extraordinarily and immediately.

VIII. Safeguard measures
End User will keep the Software in safe custody and will indicate his members of household to follow the obligations stipulated in this agreement. End User will follow all relevant legal provisions, especially the laws on intellectual property and copyright.

IX. Disclaimer
THE SOFTWARE IS DESIGNED TO ASSIST YOU IN REPRODUCING MATERIAL IN WHICH YOU OWN THE COPYRIGHT OR HAVE OBTAINED PERMISSION TO COPY FROM THE COPYRIGHT OWNER. UNLESS YOU OWN THE COPYRIGHT OR HAVE PERMISSION TO COPY FROM THE COPYRIGHT OWNER, YOU MAY BE VIOLATING COPYRIGHT LAW AND BE SUBJECT TO PAYMENT OF DAMAGES AND OTHER REMEDIES. IF YOU ARE UNCERTAIN ABOUT YOUR RIGHTS, YOU SHOULD CONTACT YOUR LEGAL ADVISOR. YOU ASSUME FULL RESPONSIBILITY FOR THE LEGAL AND RESPONSIBLE USE OF THE SOFTWARE.

X. U.S. Government Restricted Rights
Any use of the Nero Software by the U.S. Government is conditioned upon the Government agreeing that the Software is subject to Restricted Rights as provided under the provisions set forth in subdivision (c)(1)(ii) of Clause 252.227-7013 of the Defense Federal Acquisition Regulations Supplement, or the similar acquisition regulations of other applicable U.S. Government organizations. The Contractor/Manufacturer is Nero AG, Im Stoeckmaedle 13,, 76307 Karlsbad, Germany.

XI. Web Search Feature
Nero has integrated in some of Nero' software applications a feature that enables you to enter a search request through the Software which will provide you with search results from a variety of sources, including the World Wide Web (the Web Search Feature). Nero and its affiliates do not and cannot guarantee the continuous operation of this Web Search Feature. Nero reserves the right to change the functionality of this feature or to cease supporting or integrating such feature into the Software without further notice to you.
You acknowledge and agree that Nero and its affiliates shall not be liable for any delays, failures or outages relating to or arising out of use of the Web Search Feature. For additional information concerning the Web Search Feature, please visit www.nero.com.

XII. Hosting Services
Nero has integrated a function into some of the Nero software applications which supports the upload, download, as well as the viewing of videos, photos, or music on "hosting services" (e.g. My Nero, YouTube, My Space, Flickr, or ccMixter). Nero, its affiliated companies and service providers do not provide any guarantee for the uninterrupted service of this function. Nero reserves the right to change the functionality or to cease the support or the integration of this function in the software at any time without further notice. You hereby confirm that Nero and its affiliated companies do not assume any accountability for delays, errors, or failures which concern this function or which arise as a result of using the function.

XIII. Autobackup Function
Some Nero applications have an autobackup function included that is hosted by a third party and is subject to separate terms and conditions. Nero, its affiliated companies and service providers do not provide any guarantee for the uninterrupted service of this function. Nero reserves the right to change the functionality or to cease the support or the integration of this function in the software at any time without further notice. You hereby confirm that Nero and its affiliated companies do not assume any accountability for delays, errors, or failures which concern this function or which arise as a result of using the function.

XIV. Gracenote music recognition service
Some Nero software applications have the Gracenote music recognition service included as a demo version, others as a full version. The complete Gracenote music recognition service can be obtained by purchasing the Gracenote plug-in. Nero, its affiliated companies and service providers do not provide any guarantee for the uninterrupted service of this function. Nero reserves the right to change the functionality or to cease the support or the integration of this function in the software at any time without further notice. You hereby confirm that Nero and its affiliated companies do not assume any accountability for delays, errors, or failures which concern this function or which arise as a result of using the function.

XV. Patent Activation
Some applications within Nero require third-party technologies, some of which are available in this edition as limited (demo) versions. Online activation is available to acquire unlimited access to these technologies. This will help ensure full functionality of the Software. Internet connection or fax equipment is required for this activation.
Nero will transmit and process only the data that is necessary for activating the third-party technologies.
The Software will not send any such data without your prior consent.
Other than the Internet protocol address that may be considered personally identifiable information in some jurisdictions no personally identifiable information is provided to Nero.
You won't need to provide your name or other personal information during the activation process.
For further information please see our privacy statement available on www.nero.com.

B. LICENSE TERMS AND CONDITIONS APPLICABLE TO SOFTWARE ACQUIRED FROM NERO OR A NERO DISTRIBUTOR
The license terms and conditions applicable to Software purchased from Nero or a Nero Distributor are exactly the same as set forth in Section A above, except that Subsection I (Grant of license) and Subsection IV (Warranties) shall read as follows:

I. Grant of license
This Agreement permits you to use one copy of the Software acquired with this license on any single computer, provided the Software is in use on only one computer at any given time. If you have acquired a multiple license for the Software, then at any one time you may have in use up to as many copies of the Software as you have licenses. The Software is "in use" on a computer when it is loaded into the temporary memory or installed into the permanent memory (e.g. hard disk, CD ROM, or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not considered "in use". If the anticipated number of users of the Software might exceed the authorized number of applicable licenses, then you must have a reasonable mechanism or process in place to assure that the number of concurrent uses of the Software does not exceed the number of licenses.

II. Warranties
THE LIMITED WARRANTY SET FORTH IN THIS SECTION PROVIDES YOU WITH SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL RIGHTS BY LAW WHICH VARY FROM JURISDICTION TO JURISDICTION. NERO DOES EXPLICITLY NOT INTEND TO LIMIT YOUR WARRANTY RIGHTS TO AN EXTENT NOT PERMITTED BY LAW. PLEASE SEE SECTION E. LICENSE TERMS AND CONDITIONS APPLICABLE TO CERTAIN JURISDICTIONS FOR PROVISIONS THAT APPLY TO SPECIFIC JURISDICTIONS.
Nero warrants that for a period of ninety (90) days from the date of receipt, the Software will perform substantially in accordance with the accompanying documentation. Any implied warranties on the Software are limited to 90 days or the shortest period permitted by applicable law, whichever is greater. Nero's entire liability and your exclusive remedy for a breach of this warranty shall be, at Nero's sole option, either (a) return of the price paid or (b) repair or replacement of the Software that does not meet Nero's limited warranty and that is returned to Nero with a copy of your receipt. If failure of the Software is the result of accident, abuse, or misapplication, this limited warranty shall be void. Any replacement Software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer. NERO MAKES NO OTHER WARRANTIES TO YOU IN CONNECTION WITH THIS LICENSE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

III. Liability for consequential damages
ANY CLAIMS CONCERNING PRODUCT LIABILITY FACING NERO DUE TO REGULATION 85/374/EEC WILL BE GRANTED AND ARE NOT SUBJECT OF THIS AGREEMENT.
YOU MAY HAVE ADDITIONAL RIGHTS BY LAW WHICH VARY FROM JURISDICTION TO JURISDICTION. NERO DOES EXPLICITLY NOT INTEND TO LIMIT YOUR LIABILITY RIGHTS TO AN EXTENT NOT PERMITTED BY LAW. PLEASE SEE SECTION E. LICENSE TERMS AND CONDITIONS APPLICABLE TO CERTAIN JURISDICTIONS FOR PROVISIONS THAT APPLY TO SPECIFIC JURISDICTIONS.
In no event shall Nero or its licensors be liable for any other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use the Software, even if Nero has been advised of the possibility of such damages. You are required to take reasonable measures to avoid, damages, especially to make backup copies of the software and any valuable data stored on your PC.

http://www.nero.com/eng/corp-legal/end-user-agreement.php