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End-User License Agreement for Stereoscopic Player

Thank you for becoming a customer of 3dtv.at! Important: Please read the terms and conditions of this license agreement carefully and make sure that you understand them before continuing with this program install. 3dtv.ats End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and 3dtv.at for the 3dtv.at software product identified above which may include associated software components, media, printed materials, online or electronic documentation, and code provided to you as part of the support services ("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, do not install or use the Software Product. This license agreement represents the entire agreement concerning the Software Product between you and 3dtv.at, and it supersedes any prior proposal, representation, or understanding between the parties. The Software Product is protected by Austrian copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product is licensed, not sold. All rights not expressly granted are reserved by 3dtv.at.

1. Grant of License
All rights, titles and interest in and to the Software Product are owned by 3dtv.at or its suppliers. The foregoing rights to the Software Product are licensed to you on a limited basis as prescribed in the following articles. (a) Installation and Use 3dtv.at grants you the limited, non-exclusive right to install and use one copy of the Software Product according to the terms of this EULA on one computer running a validly licensed copy of the operating system for which the Software Product was designed for (Windows XP, Windows Vista, Windows 7). Kind and duration of use are limited by the type of license as defined in article 2. (b) Backup Copies 3dtv.at grants you the right to make additional copies of the Software Product solely for backup and archival purposes.

2. License Types
(a) Unregistered Use The Software Product is unregistered unless a product key is entered. Unregistered use is subject to functional restrictions that must not be circumvented. Unregistered use for commercial purposes, professional purposes or with a view to profit, directly or indirectly, is limited to a trial period of 30 days. The trial period starts with the first day of use. After 30 days, the Software Product must be either uninstalled or a different license type must be chosen and a product key entered. (b) Private License The private license may be used by individuals. Commercial or professional use is not permitted. Companies, research facilities, educational facilities and societies are explicitly not allowed to use the private license, even if no profit is made with the Software Product. (c) Commercial License The commercial license may be used for commercial or professional purposes but not for commercial or professional screenings or presentations with an audience size exceeding five people. (d) Cinema License The cinema license is issued for a dedicated audience size and may be used for commercial or professional screenings or presentations provided that the dedicated audience size is not exceeded. (e) Site License The site license may be used on all computers belonging to the company, identified by address or tax ID, for which the license has been issued, except for public presentations with a view to profit and an audience size larger than five people. The site license is intended for businesses that want to use the Software Product on multiple workstations but not for cinema operators.

3. License Restrictions
(a) Maintenance of Notices You must not remove or alter any copyright notices, notices on the license type or third party technologies on copies of the Software Product.

(b) Distribution Evaluation versions of the Software Product may not be distributed without express written permission from 3dtv.at. (c) Prohibition on Reverse Engineering, Decompilation, and Disassembly You may not reverse engineer, decompile, or disassemble the Software Product. (d) Separation of Components The Software Product is licensed as a single product. Its component parts may not be separated for use on more than one computer, nor otherwise used separately from the other parts. (e) Temporary Transfer You may not rent, lease, or lend the Software Product or otherwise temporarily transfer the usage rights to another user. (f) Permanent Transfer You may make a permanent transfer of this EULA and Software Product to another user, provided you retain no copies of the Software Product. This transfer must include the EULA, the product key and all of the Software Product (including all component parts, the media and printed materials, and any upgrades). Prior to the transfer, the user receiving the Software Product must agree to all the EULA terms. (g) Revocation of Product Keys You are responsible to keep the product key safe to avoid misuse. 3dtv.at reserved the right to invalidate misused keys without notice and without refund. (h) Internet-based Services 3dtv.at reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software Product. (h) Free or Open Source Software The Software Product may include programs or code that are licensed under an Open Source Software ("OSS) license model. OSS programs and code are subject to the terms, conditions and obligations of the applicable OSS license, and are specifically excluded from all terms described elsewhere in this agreement.

4. Warranties Disclaimer
To the extent allowed by law, this Software Product is provided to you "as is" without warranties or conditions of any kind, whether oral or written, express or implied. 3dtv.at specifically disclaims any implied warranties or conditions of merchantability, satisfactory quality, non-infringement and/or fitness for a particular purpose.

5. Limitation of Liability
In no event shall 3dtv.at be liable for any loss of profits, loss of business opportunities, loss of use of data, interruption of business, or for indirect, special, incidental, punitive, exemplary or consequential damages of any kind, arising out of the use, inability to use, or the results of use of the Software Product, whether based in contract, tort, or otherwise. Your use of the Software Product is entirely at your own risk. Should the software prove defective, you assume the entire cost of all service, repair or correction and, to the extent permitted by the applicable law, you agree to unconditionally waive all statutory or other rights that may be held by you against 3dtv.at in respect of such defect. Notwithstanding the above, these terms do not purport to limit the statutory rights of a consumer that cannot be waived under the applicable law.

6. Termination
This EULA will become effective upon your acceptance and continue in effect unless you cease to use the Software Product. The licenses granted herein shall automatically terminate without notice if you fail to comply with any provision of this EULA. In such event, you must immediately uninstall and return the Software Product, including all documentation and original media, to 3dtv.at.

7. Applicable Law
This EULA will be governed by and construed in accordance with the laws of the Republic of Austria. You hereby consent to the exclusive jurisdiction and venue of the courts sitting in district Linz-Stadt to resolve any disputes arising under this EULA. The United Nations Convention for the International Sale of Goods and any conflict of laws principles shall not apply.

8. Severability
If any provision of this EULA shall be held to be invalid or unenforceable, that provision shall be amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions shall remain in full force and effect.

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