Terms of Condition

End User License Agreement IMPORTANT PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SITE AND DOWNLOADING THE APPLICATION. IF YOU USE THE SITE OR THE APPLICATION YOU AGREE TO EACH OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL OR USE THE APPLICATION. YOUR OBLIGATIONS UNDER THIS AGREEMENT WILL BE SIGNIFIED BY USE OF THE WORDS "YOU" OR "YOUR." This EULA is a legal agreement between you and Bitberry Software, its subsidiaries, affiliates and contractors acting on our behalf (collectively "Bitberry Software", "us", "we", or "our") regarding your use of Final Media Player ("The Application") available via www.finalmediaplayer.com (the "Site"). Unless you have another written agreement with implayer Software regarding the Application, you are agreeing that your use of this Application is governed by this EULA. You are also agreeing to our Privacy Policy (http://www.implayer.com/privacy.html). From time to time, we may in our sole discretion update or modify the EULA. The most recent version of the EULA can be found at the Site. If you breach any term in this Agreement, your right to use the Application will terminate automatically. 1. Description of Services. Final Media Player is a desktop application that allows you to view dozens of different file types. The Application: (i) allows you to view documents like DOC, DOCX, PDF, TXT and more; (ii) allows you to view image and picture files like JPG, PNG, GIF, PSD and more; (iii) allows you to view spreadsheet files like XLS and XLSX; (iv) allows you to view video and movie files like MP4, FLV, MOV, MPG and more; (v) allows you to play audio files like FLAC, MP3, OGG, WMA and more; (vi) allows you to view unknown file formats as a hexadecimal dump; (vii) allows you to print most of the supported document, spreadsheet and image files. The Application will modify system settings upon installation, making the Application the default viewer application for supported file types that do not already have a default viewer application associated. 2. Your Obligations. You represent and warrants that (i) you are the owner or an authorized user of the computer that the Application is installed on; (ii) you will use the Application or the Site only for lawful purposes, and will comply at all times with all applicable federal, state, and local laws and regulations; (iii) you are at least thirteen years of age. Persons under thirteen years of age may not use the Application or the Site. 3. Grant of a Limited Use License. We hereby grant, and you hereby accept, a limited, non-exclusive license to install the Application on computers owned by you or under your legitimate control. You may use the Application solely for your personal use. Other than the rights expressly granted hereunder, no other right is granted. You may not rent, lease, sell, redistribute, sublicense or otherwise transfer the Application. You will not remove, obscure, or alter any copyright, trademark, logo, or other proprietary notices in the Application. 4. Distribution Restrictions. The Application may be freely distributed, with the exceptions noted below, provided that the distribution package IS NOT MODIFIED: a) THE APPLICATION MAY NOT BE PACKAGED OR BUNDLED WITH ANY OTHER PRODUCTS WITHOUT OUR WRITTEN PERMISSION. b) THE APPLICATION MAY NOT BE SOLD INDIVIDUALLY OR BUNDLED WITH OTHER PRODCUTS AND MAY NOT BE SOLD ON EBAY OR ANY OTHER SITE. c) YOU MAY NOT CHARGE FOR DOWNLOADS OF THE SOFTWARE IF YOU LIST OR LINK TO IT FROM YOUR SITE. d) YOU MAY NOT HOST THE INSTALLER FILE ON YOUR OWN OR ANY OTHER SERVER. DOWNLOAD LINKS MUST POINT TO OUR SITE UNLESS OTHERWISE AGREED. 5. Ownership. You acknowledge and agree that implayer Software has all right, title, and interest in and to the Application, including any intellectual property rights therein, except for the third party libraries used (See "Third Party Libraries"). The Application is protected by the copyright laws of the United States, international treaties and conventions, and other laws. Except as expressly stated herein, you have no intellectual property rights in the Application (including without limitation any rights to use the trademarks, trade names, servicemarks, logos, domain names, and other distinctive brand features), and implayer Software reserves all rights not expressly granted to you. 6. Delivery of Advertising. By downloading the Application and the accessing the Site, you hereby grant us permission to display promotional information, advertisements, and offers for third party products or services (collectively "Advertising") during product installation, within the product and on the Site. The Advertising may include, without limitation, content, offers for products or services, data, links, articles, graphic or video messages, text, software, graphics or other materials or services. The timing, frequency and placement of the Advertising is determined in our sole discretion. You further grant us permission to collect and use certain aggregate information in accord with our Privacy Policy. 7. Warranty Disclaimer. THE APPLICATION IS DELIVERED TO YOU "AS IS" AND WITH ALL FAULTS. implayer SOFTWARE DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE APPLICATION. BITBERRY SOFTWARE MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, EXCEPT TO THE EXTENT NOT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. 8. Limitation of Liability. EXCEPT TO THE EXTENT NOT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION, IN NO EVENT WILL BITBERRY SOFTWARE BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF BITBERRY SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, OR CLAIMS. BITBERRY SOFTWARE'S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT PAID FOR THE APPLICATION, IF ANY. BY INSTALLING OR USING THE APPLICATION, YOU ACCEPT SOLE RESPONSIBILITY FOR ALL CONSEQUENCES ARISING THEREFROM AND ACKNOWLEDGES THAT NO CLAIM WHATSOEVER WILL BE MADE AGAINST US OR OUR LICENSORS, DISTRIBUTORS, AGENTS, EMPLOYEES OR AFFILIATES. 9. Third party advertisers. We make no representations or warranties concerning third-party advertisers. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of delivery or display of advertisements in the Application or on the Site. WE ARE NOT RESPONSIBLE FOR THE TERMS AND CONDITIONS OF ANY THIRD-PARTY OR PARTNER SITE, PRODUCT OR SERVICE PRESENTED TO YOU. WE ARE NOT RESPONSIBLE FOR DEALINGS BETWEEN YOU AND A PARTNER. YOU ARE RESPONSIBLE FOR AND MUST CAREFULLY REVIEW EACH PARTNER OFFER, READ THEIR TERMS & CONDITIONS AND PRIVACY POLICY BEFORE ACCEPTING IT. 10. Waiver of Claims and Indemnification. By accessing or using our Site or downloading the Application, you forever waive any and all claims you have or may have in the future against us. You shall indemnify and hold us, our subsidiaries, officers, directors, attorneys, employees, licensors and affiliates, harmless against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject, that arise out of, or relate to: (i) your use or inability to use the Application; (ii) any violation of this Agreement; (iii) any Third Party Software or offer; (iv) Your infringement or misappropriation or alleged infringement or misappropriation of any copyright, trademark, patent, trade secret or other personal or proprietary right; or (v) any gross negligence or willful misconduct. You shall reimburse us for all legal and other expenses, including without limitation attorneys' fees incurred in connection with investigating, defending or settling any claim or loss. 11. Termination. This Agreement is effective until terminated. You may terminate the Agreement at any time by irretrievably erasing, deleting, or destroying all copies of the Application in your possession or control. Bitberry Software may terminate this Agreement at any time for any reason or no reason. Upon termination for any reason, the license granted herein will immediately terminate. Any terms of this Agreement that would, by their nature, survive the expiration or termination of this Agreement will survive. 12. Governing Law. Except as otherwise set forth herein, this Agreement will be governed by, and will be construed under, the laws of Denmark. You consent to exclusive jurisdiction in the courts in Denmark for all disputes arising from this Agreement. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction. 13. Third Party Libraries. The files found in the FFmpeg folder after installing the Application are copyrighted and licensed both separately and individually. The video and audio playback engine used in the Application is FFmpeg (http://ffmpeg.org) and related libraries. As the Application cannot be open sourced due to other libraries used in the product, we are using a dynamically linked LGPL version of FFmpeg. Source code and license texts for all Open Source components we use are The following libraries are used for audio and video playback: FFmpeg (LGPL v2.1), lame-3.98.4 (LGPL v2), libgsm-1.0-pl13 (proprietary license), libogg-1.2.2 (Public Domain), libtheora-1.1.1 (Public Domain), libvorbis-1.3.2 (Public Domain), opencore-amr-0.1.2 (Apache license) and SDL-1.2.13 (LGPL v2.1). This Agreement applies only to the Application software itself and not to the third party libraries. Note that the Application does not contain any part of the above components in its compiled binaries. 14. Uninstalling the Application. During the installation, the Application adds uninstall entries in both the Windows Control Panel and in the Application's Start Menu folder. Uninstalling using the Control Panel differs slightly depending on which version of Windows you use. Windows XP users: a) Click the Start Menu. b) Select Control Panel. c) Select Add or Remove Programs. d.) Locate the Application in the "Currently Installed Programs" list. e) Click Change/Remove. Windows Vista and 7 users: a) Click the Start Menu. b) Select Control Panel. c) Under the Programs heading, click "Uninstall a program". d) Locate the Application in the "Programs and Features" list. e) Click Uninstall. Or simply click the Start button -> All Programs -> FinalMediaPlayer -> Uninstall. 15. Miscellaneous. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements, provided. If any provision of this Agreement is found to be unenforceable, that provision will be severed and the remainder of the Agreement shall be given full force and effect. Waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Except as otherwise required by law, the controlling language of this Agreement is English. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You are not permitted to assign this Agreement, and any unpermitted assignment will be void. This Agreement, the Application, and the Site may contain typographical errors or other errors or inaccuracies. We reserve the right to correct any errors, inaccuracies or omissions and to change or update this Agreement, the Application or the Site at any time without prior notice. We do not however, guarantee that any errors, inaccuracies or omissions will be corrected. 16. Questions or Additional Information. If you have any questions regarding this Agreement or wish to obtain additional