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Software Products: Object of this agreement is the Nero software suite, comprising a selection of components, that varies with different suite types, as well as standalone applications and programs from the following list: Nero Burning ROM, Nero Express, InCD, InCD Reader, Nero StartSmart, Nero Toolkit, Nero CoverDesigner, Nero WaveEditor, Nero SoundTrax, Nero BackItUp, Nero Live, Nero Live Gadget, Nero Vision, Nero Recode, Nero ShowTime, Nero PhotoSnap, Nero PhotoSnap Viewer, Nero MediaHome, SecurDisc™ Viewer, DTS Plug-in, Blu-ray Video Plug-in, Gracenote Plug-in.("Software")
Licensor: Nero AG ("Nero")
THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE "END USER", AND NERO AG, IM STOECKMAEDLE 13-15, 76307 KARLSBAD, GERMANY.
End-User Agreement
(EULA)
End-User License Agreement
Software Products: Object of this agreement is the Nero software suite, comprising a selection of components, that varies with different suite types, as well as standalone applications and programs from the following list: Nero Burning ROM, Nero Express, InCD, InCD Reader, Nero StartSmart, Nero Toolkit, Nero CoverDesigner, Nero WaveEditor, Nero SoundTrax, Nero BackItUp, Nero Live, Nero Live Gadget, Nero Vision, Nero Recode, Nero ShowTime, Nero PhotoSnap, Nero PhotoSnap Viewer, Nero MediaHome, SecurDisc™ Viewer, DTS Plug-in, Blu-ray Video Plug-in, Gracenote Plug-in.("Software")
Licensor: Nero AG ("Nero")
THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE "END USER", AND NERO AG, IM STOECKMAEDLE 13-15, 76307 KARLSBAD, GERMANY.
CONCLUSION OF THE CONTRACT
THIS AGREEMENT IS EFFECTIVE
1. BY OPENING THE SEALED PACKING OF NERO´S SOFTWARE ON THE "EFFECTIVE DATE," YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE SOFTWARE AND ALL THE ACCOMPANYING ITEMS (INCLUDING WRITTEN MATERIALS AND BINDERS OR OTHER CONTAINERS) TO THE PLACE YOU OBTAINED THEM FOR A FULL REFUND.
OR
2. BY INSTALLING THE DOWNLOADED NERO, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY MEANS OF CLICKING THE “ACCEPT” BUTTON ON THE WEBSITE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY UNINSTALL AND DELETE THE SOFTWARE AND ALL THE ACCOMPANYING ITEMS (INCLUDING DOCUMENTATION OR MANUALS) IF THE TERMS OF THIS AGREEMENT COMPRISE AN OFFER BY NERO, THEN YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THE TERMS CONTAINED HEREIN.
The terms of your license agreement ("Agreement") for the Software described above depend on whether you purchased the Software from:
(1) a Nero OEM partner; or
(2) Nero or a Nero distributor or
(3) Downloaded the Software.
If the jewel box in which you received the Software includes the word "OEM" on its cover (or on the CD itself), you have acquired a copy of the Software from a Nero OEM partner.
If the jewel box in which you received the Software has only Nero`s label on it and does not include the word "OEM" on its cover (or on the CD itself), you have acquired a copy of the Software from either Nero or a Nero distributor.
If you downloaded the Software which allows you to install only under the condition that you need to connect a hardware device to your PC, you have acquired a copy of the Software from a Nero OEM partner.
A. LICENSE TERMS AND CONDITIONS APPLICABLE TO SOFTWARE ACQUIRED FROM OEM PARTNER
I. Grant of license
This Agreement permits you to use one copy of the Software acquired with this license on any single computer ("OEM License"), provided the Software is in use on only one computer at any given time. If you have acquired a multiple license for the Software, then at any one time you may have in use up to as many copies of the Software as you have licenses. The Software is "in use" on a computer when it is loaded into the temporary memory or installed into the permanent memory (e.g. hard disk, CD ROM, or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not considered "in use". If the anticipated number of users of the Software might exceed the authorized number of applicable licenses, then you must have a reasonable mechanism or process in place to assure that the number of concurrent uses of the Software does not exceed the number of licenses.
THE OEM LICENSE GRANTED HEREIN IS ONLY VALID IF ACQUIRED AS A BUNDLE WITH CD/DVD-RECORDING HARDWARE.
II. Copyright
The Software is owned by Nero or its licensors and is protected by copyright laws, international treaty provisions, and other national laws. You agree that you have no right, title or interest in the Software, except as set forth in Subsection I. If the Software is not copy protected you may either
(a) make one copy of the Software solely for backup or archival purposes, or
(b) transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes.
Product manual(s) or written materials accompanying the Software may not be copied.
III. Other restrictions
You may not rent or lease the Software, but you may permanently transfer your rights under this Agreement provided that: (i) you transfer all copies of the Software and all written materials; (ii) the recipient agrees to be bound by the terms of this Agreement; and (iii) you remove any and all copies of the Software from your computer and cease any further use of the Software. Any transfer must include the most recent update and all prior versions. You may not copy the Software except as expressly set forth above. You may not reverse engineer, decompile or disassemble the Software, and you are not allowed to post or otherwise make the Software available on the World Wide Web. If you did not acquire the Software in its original packaging and you are not a transfer recipient under this subsection, you are not licensed to use the Software.
Updates and Upgrades: You will have the opportunity to maintain the Software by means of Updates and Upgrades. An "Update" is a new release of the existing Software and is provided to you free of charge by Nero. An "Upgrade" is a major functional enhancement to the Software that you can purchase via the Nero website (www.nero.com). Should you decide to install an Update, the provisions of this Agreement will apply to such Update. Should you purchase an Upgrade, your rights to install and use the Software will be limited to either the originally purchased version of the Software or the Upgrade, but not both, in accordance with the provisions of this Agreement. For the avoidance of doubt, this Agreement permits you to install and use only one version (either the original version or the Upgrade) of the Software at any one time and you agree not to use, transfer or permit any third party to use the version that you have not installed.