THIS IS A LEGAL AGREEMENT between you (either an individual or an entity) and mpowerplayer inc. By using the software, you are agreeing to be bound by the terms and conditions of this License Agreement. If you do not agree to the terms and conditions of this License Agreement, delete the Software immediately.
mpowerplayer inc grants to you the non-exclusive right to use the software program, mpowerplayer (the "Software"), which excludes those portions explicitly covered under a different license.
The Software is owned by mpowerplayer inc. and is copyrighted and licensed, not sold.
You may copy the Software for own personal or corporate use. You may not: 1) merge, distribute (for free or for sale) or sublicense the Software; 2) reverse assemble, reverse compile, or otherwise translate the Software.
THE SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. MPOWERPLAYER INC FURTHER DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT MPOWERPLAYER INC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
IN NO EVENT SHALL MPOWERPLAYER INC OR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION, MARKETING, DISTRIBUTION, OR DELIVERY OF THE SOFTWARE, BE LIABLE FOR ANY DAMAGES WHATSOEVER; INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, FOR BUSINESS INTERRUPTION, FOR LOSS OF BUSINESS INFORMATION, OR FOR OTHER MONETARY LOSS, ARISING OUT OF THE USE OF THE SOFTWARE OR THE INABILITY TO USE THE SOFTWARE, EVEN IF YOU HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL MPOWERPLAYER INC BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES WHATSOEVER, WHETHER IN A CONTRACT ACTION, NEGLIGENCE OR OTHER TORT ACTION, OR OTHER CLAIM OR ACTION, ARISING OUT OF, OR IN CONNECTION WITH, THE USE OR PERFORMANCE OF THE SOFTWARE OR DOCUMENTS AND OTHER INFORMATION PROVIDED TO YOU BY MPOWERPLAYER INC, OR IN THE PROVISION OF, OR FAILURE TO PROVIDE, SERVICES OR INFORMATION.
Because some states of the United States and some countries do not allow the exclusion or limitation of the liability for consequential or incidental damages, the above disclaimer may not apply to you. Any warranties that by law survive the foregoing disclaimers shall terminate ninety (90) days from the date you downloaded or otherwise received the Software.
If any litigation is brought to enforce this License Agreement, or arises out of this License Agreement, the prevailing party shall be awarded its reasonable attorneys' fees together with expenses and costs incurred in such litigation. This Agreement shall be governed by the laws of the State of Virginia, but not including the 1980 United Nations Convention on Contracts for International Sale of Goods. Venue for any action under this Agreement shall be in Arlington, Virginia. You consent to the personal jurisdiction of the courts of such venue. This License Agreement is the complete agreement between mpowerplayer inc and you and supersedes all prior agreements, oral or written, with respect to the subject matter hereof.
This Agreement is the only understanding and agreement we have regarding your use of the Software. It supersedes all other communications, understandings or agreements we may have had prior to this Agreement.
COPYRIGHT NOTICE. Copyright (c) 2005 mpowerplayer inc. All rights reserved. Any rights not expressly granted in this License Agreement are reserved.
You must agree to the license agreement to download the SDK.