SINGLE END-USER LICENSE AGREEMENT FOR
INTERVIDEO 'MP3 XPACK' AND 'DVD XPACK' SOFTWARE

IMPORTANT-READ CAREFULLY!

This InterVideo End-User License Agreement ("EULA") is a legal AGREEMENT between you and InterVideo Inc. for the InterVideo software product identified above, which product includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, then DO NOT install or use the SOFTWARE PRODUCT, you may, however, return it to your place of purchase for a full refund.

SOFTWARE PRODUCT LICENSE

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. 

1) GRANT OF LICENSE

This EULA grants you, the computer software end-user, the following rights:
 
   i. The SOFTWARE PRODUCT may be used only by you. 

  ii. You may install and use one copy of the SOFTWARE PRODUCT, or any prior version thereof for the same operating system, on a single computer. 

2) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

   i. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.

  ii. Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT to any party.

 iii. Software Transfer. You may permanently transfer all of your rights under this EULA, provided you (a) retain no copies, (b) transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity), and (c) the recipient agrees to abide by all of the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT and all of your rights therein, if any.

  iv. Support Services. InterVideo may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). The provision and use of Support Services is governed by the InterVideo policies and programs described in the SOFTWARE PRODUCT user manual and/or in "online" documentation. Any supplemental software code provided to you as part of the Support Services shall considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to InterVideo as part of the Support Services, InterVideo may use such information for its business purpose, including for product updates and development. InterVideo will use its best efforts to not utilize such technical information in a form that personally identifies you.

   v. Termination. Without prejudice to any of InterVideo's other rights, InterVideo may terminate this EULA at any time and for any reason by written notice. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts; to this end you grant to InterVideo the right to, with or without notice, monitor your Internet accessible activities for the purpose of verifying SOFTWARE PRODUCT performance and/or your compliance with the terms hereof, including, but not limited to the remote monitoring and verification of your implementation, use and duplication of the SOFTWARE PRODUCT

3) UPGRADES

If the SOFTWARE PRODUCT is labeled or otherwise identified by InterVideo as an "upgrade", you must be properly licensed to use a product identified by InterVideo as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled or otherwise identified by InterVideo as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for such 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.

4) COPYRIGHT AND TRADEMARKS

   i. All title, trademarks and copyrights in and pertaining to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animation, video, audio, Music, text, and applets incorporated into the SOFTWARE PRODUCT), the accompanying, printed materials and any copies of the SOFTWARE PRODUCT are owned by InterVideo or its affiliated companies or suppliers. The SOFTWARE PRODUCT is protected by copyright and trademark laws and international treaty provisions. You must treat the SOFTWARE PRODUCT like any other copyrighted material for archival purposes only. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.

  ii. You may not remove, modify or alter any InterVideo copyright or trademark notice from any part of the SOFTWARE PRODUCT, including but not limited to any such notices contained in the physical and/or electronic media or documentation, in the InterVideo WinDVD Setup Wizard dialogue or 'about' boxes, in any of the runtime resources and/or in any web-presence or web-enabled notices, code or other embodiments originally contained in or dynamically or otherwise created by the SOFTWARE PRODUCT.

 iii. MP3 Layer-3 audio coding technology licensed by Fraunhofer Institu Integrierte Schaltungen.  http://www.iis.fhg.de/audio

  iv. Manufactured under license from Dolby Laboratories. "Dolby," "Pro Logic" and the double-D symbol are trademarks of Dolby Laboratories.  This product contains one or more programs protected under international and U.S. copyright laws as unpublished works.  They are confidential and proprietary to Dolby Laboratories.  Their reproduction or disclosure, in whole or in part, or the production of derivative works therefrom without the express permission of Dolby Laboratories is prohibited. Copyright 1992-1997 Dolby Laboratories Inc.  All rights reserved.

5) DUAL-MEDIA SOFTWARE

You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of the medium you receive, you may use only that one medium that is appropriate for your single computer. You may not use or install the other medium on another computer, including but not limited to portable computers under the exclusive control of the registered end-user.  You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.

6) MISCELLANEOUS

If you acquired or use this SOFTWARE PRODUCT in the United States, this EULA is governed by the laws of the State of California.  If this SOFTWARE PRODUCT was acquired and is used exclusively outside of the United States, then local law may also apply. Should you have any questions concerning this EULA, or if you desire to contact InterVideo for any reason, please contact the InterVideo distributor serving your country, or write: InterVideo Inc., 47350 Fremont Blvd., Fremont, CA 94538, USA (or by FAX 510-651-8808, e-mail to: sales@intervideo.com).

7) LIMITED WARRANTY

   i. LIMITED WARRANTY  InterVideo warrants that (a) the SOFTWARE PRODUCT will, for a period of ninety (90) days from the date of your receipt, perform substantially in accordance with InterVideo's written materials accompanying it, and (b) any Support Services provided by InterVideo shall be substantially as described in applicable written materials provided to you by InterVideo, and (c) InterVideo support engineers will make commercially reasonable efforts to solve any problem issues with the SOFTWARE PRODUCT. To the extent that implied warranties on the SOFTWARE PRODUCT are disclaimable, they are disclaimed herein below.  Some states and jurisdictions do not allow disclaimers of or limitations on the duration of an implied warranty, so the above limitation may not apply to you. To the extent implied warranties may not be entirely disclaimed but implied warranty limitations are allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to ninety (90) days.

  ii. CUSTOMER REMEDIES  InterVideo's and its suppliers' entire liability and your exclusive remedy shall be, at InterVideo's option, either (a) return of the price paid by you for the SOFTWARE PRODUCT (not to exceed the suggested retail price) if any, or (b) repair or replacement of the component(s) of the SOFTWARE PRODUCT that do(es) not meet InterVideo's Limited Warranty and which is returned to InterVideo with a copy of your purchase receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder, of the original warranty period or thirty (30) days, whichever is longer. Outside of the United States, neither of these remedies nor any product support services offered by InterVideo are available without proof of purchase from an InterVideo authorized international source.

 iii. NO OTHER WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERVIDEO AND ITS SUPPLIERS DISCLAIM ALL, OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

8) LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INTERVIDEO OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF INTERVIDEO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, INTERVIDEO'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR TEN UNITED STATES DOLLARS (U.S. $10.00); PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A INTERVIDEO SUPPORT SERVICES AGREEMENT, INTERVIDEO'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL, BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

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INTERVIDEO PRIVACY POLICY

InterVideo will not gather any personal information about you or your computer without your explicit approval. If you give us personal information or allow us to gather personal information from your computer, we will tell you exactly what we are collecting and what it will be used for. You may request at ANY TIME that your personal information be kept strictly confidential and that it not be shared with other companies or individuals.

During your product registration, you will be asked to supply limited information that is used by InterVideo to improve our products, to manage copyright restrictions and licensing terms, and to offer you additional products. You will always have the option to restrict InterVideo's use and distribution of your personal information.

During pre-installation and installation of some of InterVideo's products, InterVideo will request the gathering of information from your computer system. We will specify exactly what information we are collecting. This information is used for the following purposes:

   i. Because InterVideo's software requires optimal computer configuration to deliver high quality audio and video to you, we will automatically adjust your purchased software to run in the best possible way on your computer. 

  ii. With your agreement, we can use your computer information to develop better products and offer better performance products to you. 

 iii. With your agreement, we can give your computer information to our media and technology partners so that they can offer you products that match your requirements and interests. 

  iv. The movie, recording, and technology industries have strict copyright and licensing rules that InterVideo must obey. InterVideo must ensure that the software that you purchased be installed only on your computer. 

InterVideo reserves the right to use information collected from customers in aggregate form. This means that we can compile information such as the number of people who purchased a specific product. However, your personal information is not used in this process.