2) Create Software License (video editor)
“Create by Vidello” (the “Software”) is licensed by Vidello Ltd. (the “Company”).
Please review these Terms carefully. By accessing or using the Software, and/or by clicking “I accept,” during purchase process you show you agree to these Terms. If you don’t agree to these Terms, you may not access or use the Software.
ABOUT THE SOFTWARE
The Software is a video editor program. More information is here: https://vidello.com/create/.
The Company may, but is not required to, provide you with updates and upgrades at no additional charge.
The fee for the Software license depends on which option you pick when you pay for the license.
We offer a 30-day money-back guaranty. Contact us if you wish to do cancel your license. If you do so within thirty days of your downloading the Software, we will refund your license fee. You will then no longer be able to use the Software.
Subject to these Terms, Company hereby grants to you a fully-paid, non-exclusive, non-transferable, revocable, non-sublicenseable, limited license to install and execute the object code version of the Software on up to three Mac or Windows devices.
LICENSE TERM AND TERMINATION
Company or its successors in interest may terminate this license upon 60 days’ notice to you, for any reason, at its discretion, in which case any fees you paid for the license will be refunded to you.
When you pay the license fee, you will be required to provide the Company and/or its Billing Service Provider with information regarding your credit card or other payment method. You represent and warrant that such information is true and that you are authorized to use the payment method.
You hereby authorize the Company to bill you in accordance with the terms of the license you select.
Your permission to use the Software is conditioned upon the following restrictions and conditions.
You agree that you will not:
- access, tamper with, or use non-public areas of Company’s computer systems;
- attempt to probe, scan or test the vulnerability of any Company system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Company or any of Company’s providers or any other third party to protect the Software;
-use the Software, or any portion thereof, other than as permitted by these Terms;
- sublicense, resell, rent, lease, transfer, assign, time share, or otherwise commercially exploit or make the Software available to any third party;
- use the Software for any unlawful purpose or for the promotion of illegal activities;
- use the Software to attempt to, or harass, abuse or harm another person or group;
- interfere or attempt to interfere with the proper functioning of the Software;
- attempt to decipher, reverse engineer, decompile, or disassemble any portion of the Software; or
- encourage or enable any other individual to do any of the foregoing.
MONITORING AND COMPLIANCE
Although the Company is not obligated to monitor access to or use of the Software, we have the right to do so for the purpose of operating the Software, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to the Software, at any time and without notice, including, but not limited to, if we, at our sole discretion, find that you have violated these Terms. We have the right to investigate violations of these Terms. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
You acknowledge and agree that the Company and its licensors retain ownership of all intellectual property rights of any kind related to the Software (except for User Content), including applicable copyrights, trademarks, and other proprietary rights. The Company reserves all rights that are not expressly granted to you under these Terms.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements of the Software (“Feedback”). You may submit Feedback by emailing us at email@example.com. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable (through several tiers) and transferable license under any and all intellectual property rights that you own or control in relation to the Feedback to use, reproduce, view, communicate to the public by any means, print, copy (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.
You agree to indemnify, defend, and hold harmless the Company from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Software in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you (a) consent to receive emails via the email address you have submitted when you sign up to use the Software; and (b) agree that all Terms, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
The Company may also use your email address to send you other messages, including information about the Company and Software and special offers. You may opt out of such email by changing your account settings, or sending an email to firstname.lastname@example.org, or clicking “unsubscribe” on the bottom of an email.
THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SOFTWARE AND SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SOFTWARE; (C) THE SOFTWARE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SOFTWARE AND SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), FRAUD, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL COMPANY’S LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID FOR THE SOFTWARE LICENSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision. Our rights under these Terms will survive any termination of these Terms.
You agree that any legal action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms and your use of the Software and Service are governed by the laws of Great Britain without regard to conflict of law provisions.
You agree to resolve any claims relating to these Terms or the Software through final and binding arbitration. Any arbitration will be conducted by the London Court of International Arbitration. The arbitration will be held in London, England.
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR THE COMPANY MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
If you attempt to bring any legal action against the Company based in any way on the Software you agree that, in the event you do not prevail or the Company does prevail, you will reimburse the Company for any costs and attorneys’ fees associated with its defense of the action.