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End-User Licence Agreement
Of Import — Read with Due Care:
This End-User Licence Agreement ("EULA") constitutes a lawful covenant betwixt you (whether an individual person or a single juridical entity) and the Author of this Software ("Konstantin Kuyukov") for the Software Product "KSuse Sender", which doth comprise computer software and may likewise include associated media, printed materials, and "online" or electronic documentation ("Software Product"). The Software Product doth also encompass any updates and supplements to the original software furnished unto you.
By installing, copying, or otherwise employing the Software Product, you do agree to be bound by the terms of this EULA. Should you not consent to any of the terms of this EULA, you are not permitted to employ the Software Product in any manner whatsoever, and all copies thereof must be expunged from your system or systems.
The Software Product is safeguarded by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product is licensed, not sold.
Definitions
Commercial Use: Works founded upon the Software Product for general purpose and commercial distribution, or, the employment of the Software Product (whether in whole or in part) where payment, profit or pecuniary gain is sought directly or indirectly, irrespective of whether payment or gain is in fact realised.
Grant of Licence
Konstantin Kuyukov doth grant you the rights herein described, provided that you comply with all the terms and conditions of this EULA:
General Software Licence Grant. You are hereby granted the right to install the Software Product and to employ it for the purpose of processing and demonstrating your photographs and videos with the Software Product. Konstantin Kuyukov doth grant the use of the Software Product in accordance with one of the licence types set forth below, as identified in the product title. Purchased licences do not extend to third parties, even should the software have been developed for such third party. All entities must possess a separate licence.
Trial/Demo/Free version (Without cost). Employment of the Software Product without purchase of a Licence shall be confined to purposes of evaluation only.
Single Licence. Should you have purchased a Single Licence, Konstantin Kuyukov doth grant unto you one (1) personal, non-transferable, non-exclusive, royalty-free licence to employ copies of the Software Product and to install such Software upon your machine or machines for your single concurrent internal use, and to employ and redistribute any number of produced photographs and videos. Employment of the Software Product by other individuals is permitted only if the said individual hath been duly licensed to use the Software Product.
Redistribution
You are not granted leave to redistribute any part of the Software Product.
Konstantin Kuyukov is under no obligation to furnish support for works derived from the Software Product.
Disassembly
You may not modify this product in any manner whatsoever. You shall not, nor permit others to copy, in whole or in part, emulate, sub-licence, sell, transfer, exploit, alter, modify or adapt the Software Product, nor decompile, disassemble or reverse-engineer the same, nor attempt any such thing.
Reservation of Rights
Konstantin Kuyukov doth reserve all rights not expressly granted herein.
Description of Other Rights and Limitations
Rental. You may not lease or let the Software Product.
Proprietary Notices. You may not remove any proprietary notices or labels affixed to the Software Product.
Consideration. For the rights and licence herein granted, you shall pay unto Konstantin Kuyukov the currently published retail price as made available at ksuse.ru, or another sum mutually agreed upon, to appear on a valid invoice.
Termination. Without prejudice to any other rights, Konstantin Kuyukov may terminate this EULA should you fail to comply with the terms and conditions hereof. In such an event, you must destroy all copies of the Software Product and all component parts thereof.
Term. The term of this EULA shall continue in perpetuity from the date of purchase, unless terminated in accordance with the provisions of section 2(d).
Derived Works. You do agree that you shall not employ the Software Product to develop derived works that offer similar functionality as the Software Product, nor expose the features of the Software Product for use by an unlicensed third party. For a period of one (1) year from the date of use, you do agree not to create software that might directly compete with the products of Konstantin Kuyukov.
Software Maintenance and Updates
Konstantin Kuyukov doth periodically release updates to existing versions, and also complete new versions, of the Software Product.
Updates are furnished without charge.
Konstantin Kuyukov is under no obligation, but may at his own discretion, provide free electronic mail support.
Should this copy of the Software Product be an upgrade from an earlier version thereof, it is provided to you upon a licence exchange basis. You do agree, by your installation and employment of such copy of the Software Product, to voluntarily terminate your earlier EULA, and that you shall not continue to employ the earlier version of the Software Product nor transfer it to another person or entity, unless such transfer is otherwise valid according to the terms of this EULA.
Copyright
All title and copyrights in and to the Software Product (including but not limited to any images, photographs, text, and "applets" incorporated therein), the accompanying printed materials, and any copies of the Software Product, are owned by Konstantin Kuyukov. The Software Product is safeguarded by copyright laws and international treaty provisions. Therefore, you must treat the Software Product as you would any other copyrighted material.
Software from Third Party Suppliers
Konstantin Kuyukov doth furnish you with software from third parties. The licence terms imposed by such third parties in relation to the software shall apply, notwithstanding any varying provisions in this licence agreement. By installing, copying, or employing KSuse Sender, you do agree to be bound by the hereunder mentioned terms imposed by those third parties.
KSuse Sender doth utilise the FFmpeg video application for part of the output process. FFmpeg is free software licensed under the GNU Lesser General Public License LGPLv3 (see: https://www.gnu.org/licenses/lgpl-3.0.html for further particulars). FFmpeg is a trademark of Fabrice Bellard, originator of the FFmpeg project. The source code of FFmpeg and compilation information, as employed in KSuse Sender: https://git.ffmpeg.org/ffmpeg.git.
Limitation of Liability
No warranties. Konstantin Kuyukov doth expressly disclaim any warranty for the Software Product. The Software Product and any related documentation is provided "as is" without warranty of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of the use or performance of the Software Product remaineth with you.
No liability for damages. To the maximum extent permitted by applicable law, in no event shall Konstantin Kuyukov be liable for damages, including any general, special, incidental, or consequential damages arising out of the use or inability to use this product (including but not limited to loss of data, or data being rendered inaccurate, or losses sustained by you or third parties, or a failure of the program to operate with any other programs), even should Konstantin Kuyukov have been advised of the possibility of such damages.
Marketing
You do agree to be identified as a customer of Konstantin Kuyukov, and that Konstantin Kuyukov may refer to you by name, trade name and trademark, if applicable, and may briefly describe your business in the marketing materials of Konstantin Kuyukov, upon the web site of Konstantin Kuyukov, in public or legal documents. You hereby grant unto Konstantin Kuyukov a licence to employ your name and any of your trade names and trademarks solely pursuant to this marketing section.
Disclaimer
THIS SOFTWARE IS PROVIDED "AS IS", WITHOUT A WARRANTY OF ANY KIND. THE AUTHOR OF THIS SOFTWARE ("KONSTANTIN KUYUKOV") DOTH NOT ASSUME ANY RESPONSIBILITY FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE SOFTWARE. IN NO EVENT SHALL KONSTANTIN KUYUKOV BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF KONSTANTIN KUYUKOV HATH BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE AUTHOR DOTH NOT WARRANT THAT "KSuse Sender" IS FREE FROM BUGS, ERRORS, OR OTHER PROGRAMME LIMITATIONS. LIMITATION OF LIABILITY AND DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AUTHOR IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE AUTHOR HATH BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE AUTHOR SHALL NOT BE SUBJECT TO LIABILITY FOR ANY BUGS OR DAMAGES CAUSED BY CERTAIN "KSuse Sender" FEATURES.
Language of Agreement
You do agree that this EULA be drafted in the English language.