Encina Software Terms & Conditions

Welcome! Encina Software ("Encina", "us" or "we") welcomes you to the Encina Software website. We provide media searching, browsing, optimization, playback, authoring and storage products and services through this website (which is referred to as the "Service").

By using or accessing any part of the Service, you are agreeing to these Terms of Service and all other policies or notices posted by us on our websites (collectively, the "Terms").

If you don't agree to the Terms, don't use the Service. We can change the Terms at any time without any notice to you, and by continuing to use the Service, you agree to be bound by all such modifications or revisions. It is your responsibility to review these Terms from time to time for any changes as they create binding legal agreement between you and Encina. You may not accept these Terms or use the Service if you are not of legal age to form a binding contract with Encina.

Use of Service

All HTML, content, messages, text, files, images, photos, graphics, photo slideshows, tags, interactive features, video, sounds, software, profiles, works of authorship, or any other materials (collectively, "Content") that are made available on the Service are the property of Encina or its content suppliers. Except as set forth below or as specifically authorized in other sections of the Service, Encina strictly prohibits redistributing or copying of any part of the Service or Content on the Service without written permission from Encina. Encina authorizes you to display on your computer, download and print pages from the Service provided: (a) the copyright notice appears on all such printouts, (b) the information will not be altered, (c) the content is only used for personal, educational and non-commercial use, and (d) you do not redistribute or copy the information to any other media. You may not frame or utilize framing techniques to enclose any aspect of the Service (including images, text, page layout, or form) without express written consent.

Encina respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Procedure for Making Copyright Infringement Claims found below.

Software Use

Any software ("Software") that is made available to you to download, use and/or purchase from the Service is the copyrighted work of Encina and/or third parties. Your use of the Software is governed by the terms of the end user license agreement which accompanies or is included in the Software ("License Agreement").

SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED.

Privacy

Your use of the Service and Encina's use of your personal information is governed by Encina's privacy policy, which can be found at www.encinasoftware.com/encina-software-privacy-policy.html.

Trademarks

Encina, Encina Software, MediaSuite, DiscMaker, MediaPlayer, SyncTool, and other graphics, logos, icons, service names, product names and designations associated with Encina and appearing in connection with the Service (collectively, the "Marks") are trademarks, registered trademarks or trade dress of Encina in the U.S. and/or other countries. The Marks may not be used in connection with any product or service that is not Encina’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Encina. You may not use any meta tags or any other "hidden text" with any of the Marks without the express written consent of Encina. If you have any questions about the use of these Marks please contact us at trademarks@encinasoftware.com. All other trademarks not owned by Encina that appear in connection with the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Encina.

Linking and Downloads

The Service contains (or you may be sent through the Service to) links to other websites ("Third Party Sites"). Such Third Party Sites are not investigated, monitored or checked for accuracy by Encina, and Encina is not responsible for any Third Party Sites accessed through the Service, including the content, ownership, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites. Your use of the Third Party Sites is at your own risk.

Rules of Conduct

Your use of the Service is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. Any attempt by any person to deliberately damage the Service is a violation of criminal and civil laws. Encina reserves the right to seek damages from any such person to the fullest extent permitted by law.

Prohibited Conduct

You agree not to post or transmit through the Service any material or content that violates or infringes in any way the rights or properties of others or solicits, encourages or promotes the use of illegal substances or activities, which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability or otherwise violates any applicable law. You may not engage in any activity on or in connection with the Service that restricts or inhibits any other user from using or enjoying the Service by "hacking", "cracking", "spoofing", or defacing any portions of the Service. You may not post or transmit through the Service advertising or commercial solicitations; promotional materials relating to website or online services; software or other materials that contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components; political campaign materials; chain letters; mass mailings, spam mail, any robot, spider, website search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents. You may not harvest or collect information about Service users without their express written consent.

Registration Data

If you are required to complete a registration process to enter or use a portion of the Service, you agree (i) to provide Encina with accurate, complete and current information; and (ii) to update your information to keep it accurate, complete and current. Failure to provide accurate information constitutes a breach of these Terms, which may result in immediate termination of your right to access the Service or any portion thereof.

Feedback

Any questions, comments, suggestions, ideas, concepts, techniques, data, materials or information that you provide to us ("Feedback") shall not be regarded as confidential. Encina has no obligation of any kind with respect to any Feedback. Encina shall be free to reproduce, perform, use, disclose, exhibit, display, transform, create derivative works from, and/or distribute any Feedback without limitation. Further, Encina shall be free to use any ideas, concepts, know-how, data or techniques contained in any Feedback for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products that incorporate such ideas, concepts, know-how, data or techniques.

Export Control

By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods. You agree you will not export or re-export any goods or products unless you have complied with all applicable U.S. and foreign government export controls and approvals. Encina makes no claim that Content contained on the Service is appropriate or may be downloaded outside the United States. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your country’s jurisdiction.

Indemnification

You agree to defend, indemnify and hold Encina and its subsidiaries, affiliates, officers, directors, shareholders, predecessors, successors in interest, employees, agents and licensors harmless from and against any and all claims, losses, liabilities and expenses (including attorneys' fees) related to or arising out of your use of the Service (including any submission of Content by you).

Disclaimer

THE SERVICE AND ALL CONTENT, SOFTWARE OR OTHER MATERIAL (COLLECTIVELY "MATERIAL") OR SERVICES AVAILABLE AT THE SERVICE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANY MATERIAL DOWNLOADED,USED OR OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY REPONSIBLE FOR ALL DAMAGE, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICE OR DOWNLOAD OF ANY MATERIAL.

EXCEPT AS MAY BE EXPRESSLY WARRANTED IN A LICENSE AGREEMENT OR OTHER AGREEMENT, Encina MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH REGARDS TO THE MATERIAL OR SERVICES AVAILABLE AT THE SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Encina DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGMENT. YOU ASSUME THE ENTIRE RISK OF YOUR USE OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, Encina MAKES NO WARRANTY THAT (i) THE MATERIAL OR SERVICES OFFERED ON THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE MATERIAL OR SERVICES OFFERED ON THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, COMPLETE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATERIAL OR SERVICES WILL BE ACCURATE OR RELIABLE, OR (iv) THE MATERIAL OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

NO ADVICE OR INFORMATION OBTAINED BY YOU FROM Encina OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, Encina SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT IT HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE IN CONNECTION WITH THE SERVICE IS TO CEASE YOUR USE OF THE SERVICE. TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Arbitration; Governing Law

Unless expressly stated to the contrary elsewhere within the Service, all legal issues arising from or related to the use of the Service shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of California applicable to contracts entered into and wholly to be performed within California. Any controversy or claim arising out of or relating to these Terms or your use of the Service shall be settled by confidential binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, except that, to the extent you have in any manner violated or threatened to violate Encina’s intellectual property rights, Encina may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Any arbitration under these Terms shall be arbitrated on an individual basis, and to the fullest extent permitted by applicable law shall not be consolidated in any arbitration with any claim or controversy of any other party, whether through class arbitration proceedings or otherwise. The arbitration shall be conducted in San Francisco, California and judgment on the arbitration award may be entered into in any court of competent jurisdiction. By using the Service and thereby agreeing to these Terms, you consent to personal jurisdiction and venue in the state and federal courts in California with respect to all such disputes.

Translation

Whenever Encina has provided you with a translation of the English language version of these Terms, then you agree that the translation is provided for your convenience only and that the English language versions of these Terms will govern your relationship with Encina.


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