Sothink Free FLV Player for Mac License Agreement
Sothink Software
If you download the Sothink Software, you will be:
- Installing a software program on your computer, in the form of a software installed in your local computer;
- Entering into a contract with www.sothink.com. (The End User License Agreement (EULA) and Privacy Policy), governing your use of the software program and associated websites.
You must be 13 years of age or older to install or to use the Sothink Software. If you are not yet 13, do not download the Sothink Software.
If you are at least 13 but not yet 18 years of age, please have your parents or legal guardian review this EULA with you, discuss any questions you might have, and give you their permission to install and use the Sothink Software and associated features with both your and their full understanding of the rules. By using the Sothink Software and associated features, you are telling us that you and your parents or guardians have agreed to this agreement.
If you are a parent, or a guardian, you are responsible for exercising supervision over your children's on-line activities. If you do not agree to the EULA and Privacy Policy, do not let your child use the Sothink Software or associated features.
If you do not understand or agree with any part of the rules outlined in this EULA or the Privacy Policy, do not use the Sothink Software. By using the Sothink Software, you represent and warrant that you have the right, authority and capacity to enter into this agreement and to abide by all its terms and conditions, just as if you had signed it.
THIS PRODUCT IS NOT SPYWARE OR ADWARE. IT WILL NOT WATCH HOW YOU USE YOUR COMPUTER. IT WILL NOT DELIVER POP-UP ADS.
1. USE OF SOFTWARE
The Software is made available to you for your personal, non-commercial use only. If you are downloading a Sothink Software (the “Software”), you may not use the Software in any manner that could damage, disable, overburden, or impair www.sothink.com's services (e.g., you may not use the Software in an automated manner), nor may you use Software in any manner that could interfere with any other party's use and enjoyment of www.sothink.com's search services.
2. PRIVACY POLICY AND ToU
As a condition of using and downloading the Software, you agree to the terms of the Privacy Policy at https://www.sothink.com/policy.htm and the ToU at https://www.sothink.com/terms.htm, which are incorporated herein by reference, and may be updated from time to time and without notice.
3. PROPRIETARY RIGHTS
You acknowledge that (a) the Software contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) www.sothink.com owns all right, title and interest in and to the Software, including, without limitation, all Intellectual Property Rights therein and thereto. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Software, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including, without limitation, digital rights management functionality) contained in the Software, (iii) use the Software to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter www.sothink.com's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Software.
4. AUTOMATIC UPDATES
The Software may communicate with www.sothink.com servers from time to time to check for available updates to the Software, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). By installing the Software, you may agree to automatically request and receive Updates.
5. UNITED STATES GOVERNMENT USE RESTRICTIONS
The Software and any related documentation are deemed "commercial computer software" and "commercial computer software documentation," respectively, within the meaning of the applicable civilian and military Federal acquisition regulations and any supplement thereto. If the user of the Software is an agency, department, employee, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Software, including technical data or manuals, is restricted by the terms, conditions and covenants contained in these Terms and Condition. In accordance with Federal Acquisition Regulation 12.212 for civilian agencies and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies, use of the Software is further restricted by these Terms and Conditions.
6. COMPLIANCE WITH LAWS
You agree to comply with all laws and regulations regarding the download, installation and/or use of the Software.
7. EXPORT RESTRICTIONS
The Software may be subject to export controls or restrictions by the United States or other countries or territories. You agree to (i) comply with the requirements of the U.S. Department of Commerce (DOC) Export Administration Regulations (EAR) (see https://www.bis.doc.gov) and all applicable international, national, state, regional and local laws, and regulations, including without limitation any applicable import and use restrictions, (ii) not export, or re-export, directly or indirectly, the Software to any country outlined in the EAR, nor to any person or entity on the DOC Denied Persons, Entities and Unverified Lists, the U.S. Department of State's Debarred List, or on the U.S. Department of Treasury's lists of Specially Designated Nationals, Specially Designated Narcotics Traffickers, or Specially Designated Terrorists, and (iii) not license, sell, provide or distribute the Software for use in connection with chemical, biological, or nuclear weapons or missiles capable of delivering such weapons.
8. TERMINATION
You may terminate these Terms and Conditions at any time by permanently deleting the Software in its entirety. Your rights automatically and immediately terminate without notice from www.sothink.com if you fail to comply with any provision of these Terms and Conditions. In such event, you must immediately delete the Software.
9. INDEMNITY
You agree to hold harmless and indemnify www.sothink.com and its subsidiaries, affiliates, officers, agents, and employees, from and against any claim, suit or action arising from or in any way related to your use of the Software or your violation of this EULA, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, www.sothink.com will provide you with written notice of such claim, suit or action.
10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, www.sothink.com EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. www.sothink.com DOES NOT MAKE ANY WARRANTY (I) THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THAT THE SOFTWARE WILL BE ERROR-FREE OR BUG-FREE, (III) REGARDING THE SECURITY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE SOFTWARE, AND (IV) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK. 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 CONTENT OR MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM www.sothink.com OR ANY THIRD PARTY OR THROUGH THE SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS EULA.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT www.sothink.com SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF www.sothink.com WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SOFTWARE; (II) THE INABILITY TO USE THE SOFTWARE TO ACCESS CONTENT OR DATA; (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (V) ANY OTHER MATTER RELATING TO THE SOFTWARE. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
12. OTHER STIPULATE.
This EULA is governed by the laws of P.R. China. Should you have any questions concerning this EULA, or if you desire to contact SourceTec for any reason, please contact with the Email address support@Sothink.com.
|
