3ivx Technologies Pty. Ltd. (“3IVX”)
Software License Agreement for Trial Use
3ivx MPEG-4 5.0.4 Evaluation Version

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE INSTALLING/USING THE 3IVX SOFTWARE. BY INSTALLING/USING THE 3IVX SOFTWARE YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AND 3IVX IS WILLING TO LICENSE THE SOFTWARE TO YOU. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE, 3IVX IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, AND YOU SHOULD DISCONTINUE THE INSTALLATION PROCESS, AND IF APPLICABLE: DESTROY ALL COPIES OF ANY DOWNLOADED/INSTALLED 3IVX SOFTWARE.

1. License. The software and documentation accompanying this License whether on disk, in read only memory, on any other media or in any other form such as downloadable file (the "3ivx Software") are licensed to you by 3ivx or its local subsidiary, if any ("3ivx") under the conditions mentioned in this Software License Agreement. You own the media on which the 3ivx Software is recorded but 3ivx and/or 3ivx's licensor(s) retain title to the 3ivx Software. The 3ivx Software in this package and any copies which this License authorizes you to make are subject to this License.

2. Permitted Uses and Restrictions. This conditional and non-exclusive License allows you to install and use the 3ivx Software on a single computer at a time, and on one operating system only. This License does not allow the 3ivx Software to exist on more than one computer at a time. You may make one copy of the 3ivx Software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. You may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute or create derivative works based upon the 3ivx Software in whole or part or transmit the 3ivx Software over a network. THE 3IVX SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, OR AIR TRAFFIC CONTROL MACHINES IN WHICH CASE THE FAILURE OF THE 3IVX SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. Your rights under this License will terminate automatically without notice from 3ivx if you fail to comply with any term(s) of this License.

3. Product, Permitted Uses and Other Restrictions. The 3ivx Software developed by 3ivx consists of a number of encoder/decoder plug-ins for compressing and decompressing moving images/related audio and multimedia objects ("Video") to the 3ivx data format ("3ivx-files"). The plug-in you are downloading for this specific operating system is "FOR TEST USE ONLY". This conditional and non-exclusive License is ONLY VALID for the purpose of the installing, preparing, compressing, decompressing, storage and displaying 3ivx-files on your PERSONAL COMPUTER for TESTING PURPOSES ONLY. This License is NOT VALID for the displaying on your PERSONAL WEB SITE(S).

This License is NOT VALID for the installation, preparation, compression of video files to 3ivx-files intended for and/or offered, displayed, distributed on or through PERSONAL AND NON-PERSONAL WEB SITE(S) and/or transferred on or over NETWORKS in general for PERSONAL OR NON-PERSONAL USE. This includes technical networks (wired or wireless, private or public, intranet or extranet, local area networks, wide area networks, interconnected or inter-connectable personal computers, peer-to-peer networks etc.), commercial networks (membership websites, broadcasting systems, syndicate, service providers, etc) and non-commercial networks.

This License is NOT VALID for commercializing 3ivx-files over or through electronic networks and/or business-models and/or distribution-channels (such as but not limited to: set-top boxes, video-on-demand, pay-per-view, internet TV, video-conferencing, interactive TV, videophone, surveillance systems, streaming servers etc.).

This License is NOT VALID for offering and/or commercializing 3ivx-files over or through any storage media (such as CD-ROM, DVD, Solid State media, hard disks etc.).

By accepting this Software License Agreement and by using the 3ivx Software you confirm irrevocably that the limited use or the restrictions on the use of the 3ivx Software does not infringe on your personal constitutional rights of free speech and personal freedom.

Note: if you do not have a validly licensed version of the Operating System software for which you will use the 3ivx Software, or you do not have a validly licensed version of the supported software or other software in which you will use the 3ivx Software or 3ivx-files you do not have the right to install the 3ivx Software.

4. Limited Warranty on Media (if applicable). 3ivx warrants the media on which the 3ivx Software is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this paragraph shall be, at 3ivx's option, a refund of the purchase price of the product containing the 3ivx Software or replacement of the 3ivx Software which is returned to 3ivx or an 3ivx authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. 3IVX SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.

5. Disclaimer of Warranty on 3ivx Software. You expressly acknowledge and agree that use of the 3ivx Software is at your sole risk. The 3ivx Software is provided "AS IS" and without warranty of any kind and 3ivx and 3ivx's licensor(s) EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. 3IVX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE 3IVX SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE 3IVX SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE 3IVX SOFTWARE WILL BE CORRECTED. FURTHERMORE, 3IVX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE 3IVX SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY 3IVX OR AN 3IVX AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE 3IVX SOFTWARE PROVE DEFECTIVE, YOU (AND NOT 3IVX OR AN 3IVX AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING 3IVX PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY 3IVX'S NEGLIGENCE.

6. Disclaimer on Content in 3ivx-format. 3ivx, its officers, affiliates and subsidiaries shall not, directly or indirectly, be liable, in any way, to you or any other person for the content you receive using the 3ivx Software or for any inaccuracies, errors in or omissions from the content.

7. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL 3IVX BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall 3ivx's total liability to you for all damages exceed the amount of five dollars ($5.00).

8. Term and Termination. This Agreement shall continue until terminated. You may terminate the Agreement at any time by deleting all copies of the Software. This license terminates automatically if you violate any terms of the Agreement. Upon termination you must promptly delete all copies of the Software. Sections 2, 3, 5, 6, 8, 9 and 11 shall survive termination.

9. Contracting Parties. If the Software is installed on computers owned by a corporation or other legal entity, then this Agreement is formed by and between 3ivx Technologies Pty. Ltd. and such entity. The individual executing this Agreement represents and warrants to 3ivx Technologies Pty. Ltd. that they have the authority to bind such entity to the terms and conditions of this Agreement.

10. Controlling Law and Severability. If there is a local subsidiary of 3ivx in the country in which the 3ivx Software License was obtained, then the local law in which the subsidiary sits shall govern this License. Otherwise, this License shall be governed by the laws of the State of New South Wales, a State of Australia. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

11. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the 3ivx Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by 3ivx Technologies Pty. Ltd. 3ivx Technologies Pty. Ltd. reserves the right to change terms and conditions under which the 3ivx Software is offered. In case of such changes the date of change will be indicated in the updated version per provision or portion of provision.

12. Use of MPEG-4 AAC Audio. To the extent that 3ivx Software contains AAC functionality, the following provision applies: ANY USE OF THIS PRODUCT BY THIRD PARTY DEVELOPERS IS EXPRESSLY PROHIBITED WITHOUT A LICENSE UNDER APPLICABLE PATENTS IN THE MPEG-4 AUDIO PATENT. Contact licensing@3ivx.com for more information.


COPYRIGHT © 1999-2011 BY 3IVX/3ivx Technologies Pty. Ltd.. ALL RIGHTS RESERVED.
3IVX® IS A REGISTERED TRADEMARK.

3ivx Technologies Pty. Ltd., Level 2, 17-21 Hunter St, Parramatta NSW 2150, Australia. E-mail: legal@3ivx.com.

BY INSTALLING/USING THE 3IVX SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND THE AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

[Version: November, 2011]