TMPGEnc Plus online version End User License Agreement

Before you download TMPGEnc Plus online version, please read the following. To 
download, you need to agree with all terms and conditions described in this document.

TMPGEnc Plus online version can be used for 14 days as free evaluation period.
After 14 days, this software does not work without serial number. We do not provide user support services for free evaluation copy of TMPGEnc Plus online version. Users who have purchased serial number (license) will receive user support services by E-mail.


[End User License Agreement]

Important! - This is a legal agreement between you, the end user, and Pegasys Inc. Once you install/use "TMPGEnc Plus online version(including free update and user support services)" "software" you shall be deemed to agree with all terms and conditions described in this document. Because of characteristic of software product and license, we do not accept any RETURN for this software.

Software
Product nameFTMPGEnc Plus online version
VersionF2.5
Number of licenseF1 (one)

1. Grant of license
Subject to the terms and conditions of this Agreement, Pegasys grants non-exclusive, non-transferable license of software.

1)This license agreement (license) permits you to use one copy of the software acquired with this license on any single computer, provided the software is in use on only one computer at any time. If you have a multiple license for the software, you may then have as many copies of the software as you have licenses, in use at any time. 

2)This license permits you to  make one copy of the software solely for backup or archival purposes, or transfer the software to a single hard disk provided you keep the original solely for backup or archival purposes.

2. Copyrights
1) Copyrights, patents, trademarks, know-how and any other intellectual property regarding the software belongs to Pegasys Inc. exclusively.
2) User may not rent or lease or transfer the software to the third person/party, may not give the software as security without prior written notice to Pegasys.
3) Reverse engineering, reverse assembling, reverse compile are all prohibited. In no event shall Pegasys or its suppliers be liable for any loss or damage arising from such reverse engineering, reverse assembling, reverse compiling.

3. Disclaimer 
1) No warrant shall be applied to user support of software. Pegasys shall not warrant that any user support services suit specific requests or requirements arising from users.Pegasys shall not be liable for damage of end user arising from loss of software or license (serial number).
2) Pegasys disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the software, the accompanying product manual(s) and written materials, to the maximum extent permitted by applicable law. The limited warranty contained herein gives you specific legal rights.

4. User support
1) Pegasys Inc. provides limited technical user support (by E-mail in English only) to end user for 1 year from the date that end user purchased the license. User support means as follows.
 (a) Provides information through website or E-mail to avoid error or problem with the software.
 (b) Free upgrade survives of the software through website.
2) End user shall be responsible to update personal information, such as E-mail address for Pegasys to provide information.
3) Obligation of Pegasys regarding user support is limited to activities that meet section 4 -1). Also, Pegasys shall not be responsible for providing user support to the following cases/users.
(a) Those who have purchased/obtained license in the way that is authorized by 
Pegasys.
(b) TMPGEnc which is not within term of validity for user support.
(c) Question written in other languages than English
(d) Those who do not purchase license, or those who can not proof that they have purchased the license.

Regardless of section 4, in the case Pegasys closes user support services for the software, Pegasys shall not be liable to provide user support service.

5. Duty of confidentiality
1) User is under an obligation to hold information obtained from Pegasys, such as license (serial number), E-mail address for user support, URL, and any other 
information regarding user support Users shall not sell / trade / transfer these information to third person/organization without prior permission of Pegasys. If a user is requested to disclose these information by a national organization, user gives Pegasys prompt written notice of such requirement prior to such disclosure 
2) Regardless section 5- 1) the following cases are exception.
(a) Information which was publicly known and made generally available in the public domain prior to the time of disclosure
(b) Information which becomes publicly known and made generally available without action or inaction of the user
(c)  Information which is already in the possession of the user at the time of disclosure
(d)  Information which is obtained by user from a third party without a breach of such third party's obligations of confidentiality
(e)  Information which is independently developed by the user without use of or 
reference to Pegasys's Confidential Information

3) Section 5 is still in force even after this agreement is expired/terminated. 

6. Term

1) This agreement comes into effect once user install/use/copy the software.
2) Termination
(a) Pegasys may terminate this agreement if User violate it. User shall not have right to use the software at all in such case.
(b) This agreement will be terminated automatically if user have new agreement with Pegasys for upgraded version of the software.
(c) User may terminate this agreement by discarding the software (with manual and all other documents, and it's copy). Even in such case, Pegasys shall not return the value to user in any means
(d) Upon termination of this agreement, user shall discard the software (with manual and all other documents, and it's copy).

7. Other

1) User shall not translate the software into other language than English. User shall not distribute program or patch to change language setting of the software. Only English language is accepted to have contact with Pegasys.
2) This agreement is given higher priority over previous agreement that is made 
between user and Pegasys (if any). Pegasys have right to modify, change the content of this agreement and other notice / announcement. Upon the renewal of this agreement, all previous agreement shall be automatically updated to the latest agreement renewed by Pegasys

3)This license agreement is based on Japanese law.

Pegasys Inc.
