End-User License Agreement

Overview

These license terms are an agreement between Darren Mo and you. They apply to the Optimus Player software. The terms also apply to any subsequent version of the software, updates, supplements, Internet-based services, and support services for the software, unless other terms accompany those items; if so, those terms apply.

By using the software, you accept these terms. If you comply with these license terms, you have the rights below.

Legal Effect

This agreement describes certain legal rights. You may have other rights under the laws of your country or other rights agreed to in writing with Darren Mo. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.

Scope of License

The software is licensed, not sold. This agreement only gives you some rights to use the software; Darren Mo reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways.

Activation Rights

You may activate the trial mode on any number of devices. After the trial period ends on a device, you may not reactivate the trial mode on that device. You may also activate the purchased mode of the software on a number of devices up to the number specified when you purchased the license.

Running the software on a new device will require the software to be activated, regardless of the activation status on the old device. Replacing internal components of a device may result in the software treating the device as a new device, which will require the software to be activated, regardless of the previous activation status on the device.

Usage Rights

When the software is running in the trial mode, you may use the software for any purpose until the trial period ends.

If the software is running in the purchased mode due to activation using a Personal Use license key, then you may use the software only for personal, non-commercial purposes. If the software is running in the purchased mode due to activation using a Professional Use license key, then you may use the software for non-personal or commercial purposes.

Backup Rights

You may make any number of copies of the software for backup purposes. You may use those copies only to reinstall the software.

Limitations

You may not: make more copies of the software than specified in this agreement; publish the software for others to copy; rent, lease, or lend the software; transfer the software or this agreement to any third party; use the software for commercial software hosting services.

Internet-Based Services

Internet-based services are provided with the software. We may change or cancel them at any time.

The software may connect to computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. In some cases, you may switch off these features or not use them. By using these features, you consent to the transmission of certain standard device data.

Standard device data that may be transmitted includes your device’s Internet Protocol address and a unique identifier associated with your device. The collection of personal data is described in our privacy policy, which you must agree to in order to use the software.

Support Services

Unless agreed to in writing, the software is licensed “as is”. As such, we may not provide support services for it.

Disclaimer of Warranty

There is no warranty for the software, to the extent permitted by applicable law. Unless agreed to in writing, the software is licensed “as is” without warranty of any kind—either expressed or implied—including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the software is with you. Should the software prove defective, you assume the cost of all necessary servicing, repair, or correction.

Limitation of Liability

In no event, unless required by applicable law or agreed to in writing, will Darren Mo be liable to you for damages—including any general, special, incidental, or consequential damages—arising out of the use or inability to use the software—including, but not limited to, loss of data, data being rendered inaccurate, losses sustained by you or third parties, or a failure of the software to operate with any other software—even if Darren Mo has been advised of the possibility of such damages.

Interpretation of Above Sections

If the Disclaimer of Warranty and Limitation of Liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the software.