IE DownloadHelper End User License Agreement

IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU AND IE DOWNLOADHELPER (“IE-DOWNLOADHELPER.COM”) REGISTERED IN COPENHAGEN UNDER NO. 29587574 AND HAVING IT’S REGISTERED ADDRESS AT DR ABILDGAARDS ALLE 3 ST TH, 1955 FREDERIKSBERG, DENMARK. USE OF THE SOFTWARE PROVIDED WITH THIS EULA (THE “SOFTWARE”) CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL AND/OR USE THIS SOFTWARE. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA.

1. FREE and PREMIUM. You are granted the right to use the Free features of the Software without registration. To enable the lockeddown Premium features, you have to obtain a Licence from IE DownloadHelper. You are expected to use the Free version of the Software on your system and to thoroughly evaluate its usefulness and functionality before upgrading to the Premium version. This “evaluation” approach is the ultimate guarantee that the Software will perform to your satisfaction.

2. LICENSE GRANT. The Software is licensed on per computer basis, not per user, site or company. For example, if a person uses 2 computers, to install and use the Software on every computer, the person must purchase 2 licenses. “User” means the company, entity or individual whose funds are used to pay the license fee. “Use” means storing, loading, installing, executing or displaying the Software. You may not modify the Software or disable any licensing or control features of the Software except as an intended part of the Software programming features. This license is not transferable to any other system, or to another organization or individual.

Should IE DownloadhHelper detect that the Software is being used on more than the allowed number of systems or installations, IE DownloadHelper reserves the right to issue a new License to the user and invalidate the original License or in the case of repeat breaches terminate this agreement and invalidate the user’s License.

3. OWNERSHIP. The Software is owned and copyrighted by IE DownloadHelper. Your license confers no title or ownership in the Software and should not be construed as a sale of any right in the Software. IE DownloadHelper may be freely distributed subject to, but not limited to the following terms:
a. The user may not sell or re-sell the Software;
b. The user must not distribute the Software as part of any commercial package;
c. The user must not use or distribute the Software in support of a commercial service;
d. The user must not use or distribute the Software to support any kind of profit generating activity, even if it is being distributed freely.

If the user would like to distribute the Software as part of a shareware distribution, magazine, Internet book, CD ROM, commercial use etc they will need to contact the IE DownloadHelper at info@ie-downloadhelper.com for written consent prior to distribution.

4. COPYRIGHT. The Software and all rights, without limitation including proprietary rights therein, are owned by IE DownloadHelper or its suppliers and are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of IE DownloadHelper and you will not acquire any rights to the Software except as expressly set forth in this license. You agree that any copies of the Software will contain the same proprietary notices which appear on and in the Software

5. REVERSE ENGINEERING. You agree that you will not attempt to reverse compile, modify, translate, or disassemble the Software in whole or in part exept for the LGPL components included.

6. SERVER COMMUNCATION. Approximately once a day the Software will contact the Softwares server. It will verify if the Software is registered and if software updates are available. New language and settingsfiles are downloaded automatically. If a new version of the Software is available the user will be asked if and upgrade is desired. The user hereby authorizes this transmission.

The Software does NOT send information about sites that you visit or any information about your browsing to any servers.

7. COMPATIBILITY. IE DownloadHelper does not warrant that the Software will be compatible with Your hardware or other software installed on Your computer system. Compatibility issues may cause Your computer’s performance to suffer. In the event that the Software is not compatible with Your hardware or other software installed on Your computer system, You should Uninstall the Software. Like all software, the Software utilizes some of Your computer’s resources to run, including system memory and Internet connection. Use of the Software on a computer with inadequate system resources will cause such computer’s performance to suffer.

8. WARRANTIES. The Software is provided to the user “AS IS” with no warranties for use or performance and IE DownloadHelper disclaims any warranty or liability obligations to the user of any kind, whether expressed or implied. Where legislation implies in this agreement any condition or warranty, and that legislation avoids or prohibits provisions in an agreement excluding or modifying application of or exercise of liability under such condition or warranty, the condition or warranty will be deemed to be included in this agreement. However, the liability of the IE DownloadHelper for any breach of such condition or warranty will be limited, at the option of IE DownloadHelper, to one or more of the following:

a. the repair of the software; or
b. refund of the original fee paid upon registration to IE DownloadHelper.

9. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IE DownloadHelper is not subject to, and the user releases IE DownloadHelper from any additional liability and indemnifies them against any claim, action, suit or proceeding (including but not limited to direct, indirect, consequential loss or damage, removal costs or re-installation costs or liability for loss of use or profit) because of the use of or inability to use the Software or the provision of or failure to provide support services, any delay in delivery or fault or defect in the Software even if IE DownloadHelper has been advised of the possibility of such damages. IE DownloadHelper ‘s entire liability under this agreement shall be limited to the amount paid by the user for the Software. The user further indemnifies IE DownloadHelper against any claim, action suit or proceedings brought by any web site provider or any copyright holder in respect of the operation of IE DownloadHelper by the user.

The user expressly acknowledges and agrees that it has not relied upon, and IE DownloadHelper is not liable for any advice given by IE DownloadHelper, its servants, agents, representatives or employees in relation to the suitability for any purpose of the Software.

10. THIRD- PARTY COPYRIGHT INFRINGEMENT. IE DownloadHelper does not condone the violation of copyright and other laws. IE DownloadHelper requires all users to Use the Software in strict compliance with copyright and other laws. IE DownloadHelper does not, by the supply of the Software, authorize or encourage You to infringe the copyright or other rights of third parties.

10.1 As a condition to Use the Software, You agree that You must not use the Software to infringe upon the intellectual property or other rights of others in any way. The unauthorized reproduction, distribution, modification, public display, communication to the public or public performance of copyrighted works is an infringement of copyright.

10.2 Users are entirely responsible for their conduct in the Use of the Software and for ensuring that said conduct complies with all applicable copyright and data-protection laws. In the event a User fails to comply with laws regarding copyrights or other intellectual property rights, data protection and privacy, such a User may be exposed to civil and criminal liability, including possible fines and jail time.

11. THIRD PARTY ACKNOWLEDGMENTS. Portions of the Software may utilize or include third party software and other copyrighted material. The use of such material is governed by their respective terms. Certain software libraries and other third party software included with the Software are free software and licensed under the terms of the GNU Library Lesser General Public License (LGPL). You may obtain a complete machine-readable copy of the source code for such free software under the terms of the LGPL without charge except for the cost of media, shipping and handling, upon written request to IE DownloadHelper. The LGPL software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS OF PURPOSE.

MPEG-2 Notice. To the extent that the Software contains MPEG-2 functionality, the following provision applies: ANY USE OF THE PRODUCT OTHER THAN CONSUMER PERSONAL USE IN ANY MANNER THAT COMPLIES WITH THE MPEG-2 STANDARD FOR ENCODING VIDEO INFORMATION FOR PACKAGED MEDIA IS EXPRESSLY PROHIBITED WITHOUT A LICENSE UNDER APPLICABLE PATENTS IN THE MPEG-2 PATENT PORTFOLIO, WHICH LICENSE IS AVAILABLE FROM MPEG LA,L.L.C, 250 STEELE STREET, SUITE 300, DENVER, COLORADO 80206.

Use of MPEG-4. To the extent that the Software contains MPEG-4 functionality, the following provision applies: THIS PRODUCT IS LICENSED UNDER THE MPEG-4 VISUAL PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER FOR (i) ENCODING VIDEO IN COMPLIANCE
WITH THE MPEG-4 VISUAL STANDARD (“MPEG-4 VIDEO”) AND/OR (ii) DECODING MPEG-4 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NONCOMMERCIAL
ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED BY MPEG LA TO PROVIDE
MPEG-4 VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION INCLUDING THAT RELATING TO PROMOTIONAL, INTERNAL AND COMMERCIAL USES AND LICENSING MAY BE OBTAINED FROM MPEG LA, LLC. SEE MPEGLA.COM.

H.264/AVC Notice. To the extent that the Software contains AVC encoding and/or decoding functionality, commercial use of tH.264/AVC requires additional licensing and the following provision applies: THE AVC FUNCTIONALITY IN THIS PRODUCT IS LICENSED HEREIN ONLY FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO: (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR AVC VIDEO THAT WAS OBTAINED FORM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C. SEE MPEGLA.COM.

AMR Notice. To the extent that the Software contains AMR encoding and decoding functionality, the following provision applies: The Adaptive Multi-Rate (“AMR”) encoding and decoding functionality in this product is not licensed to perform cellular voice calls, or for use in any telephony products built on the QuickTime architecture for the Windows platform. The AMR encoding and decoding functionality in this product is also not licensed for use in a cellular communications infrastructure including: vase stations, base station controllers/radio network controllers, switching centers, and gateways to and from the public switched network.

MPEG Layer-3 Notice. To the extent that the Software contains MPEG Layer-3 encoding and decoding functionality, the following provision applies: Supply of this product does not convey a license nor imply any right to distribute MPEG Layer-3 compliant content created with this product in revenue-generating broadcast systems (terrestrial, satellite, cable and/or other distribution channels), streaming applications (via Internet, intranets and/or other networks), other content distribution systems (pay-audio or audio-on- demand applications and the like) or on physical media (compact discs, digital versatile discs, semiconductor chips, hard drives, memory cards and the like). An independent license for such use is required. For details, please visit mp3licensing.com.

VP6DecLib. To the extent that the Software utilizes VP6DecLib, the following provision applies: VP6DecLib is derived from FFmpeg sources. FFmpeg is a trademark of Fabrice Bellard (originator of the FFmpeg project – FFmpeg project, fmpeg.org) VP6DecLib is licensed under the Lesser GNU Lesser General Public License. GNU Lesser General Public, Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA and you can distribute it and/or modify it under the terms of such license.

12. YOUR INFORMATION
By installing the Software You acknowledge that You have reviewed and agree to IE DownloadHelper’s Privacy Policy that describes and governs IE DownloadHelper’s information gathering practices. A copy of IE DownloadHelper’s Privacy Policy is available at http://www.ie-downloadhelper.com/privacy. IE DownloadHerlper reserves the right to change the provisions of its Privacy Policy from time to time and if it does so, IE DownloadHerlper will post any changes to its Privacy Policy at the web address in the preceding sentence.

13. SEVERABILITY. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.

14. GENERAL PROVISION. This is the entire agreement between you and IE DownloadHelper, which supersedes any prior agreement or understanding, whether written, or oral, relating to the subject matter of this EULA. If any part of this EULA is found void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms. This EULA shall automatically terminate upon failure by you to comply with its terms. IE DownloadHelper, on its sole discretion, may modify this EULA in writing at any time.

15. TERMINATION. This agreement may be terminated by the user ceasing all use of the Software, destroying all copies then in the user’s possession or control and taking such other actions as IE DownloadHelper may reasonably request to ensure that no copies of the Software remain in the user’s possession or control under this agreement or by IE DownloadHelper giving the user written notice of termination if the user commits a breach of this agreement and fails to cure such breach within 10 days after such notice from IE DownloadHelper or in the event that there is a credit card chargeback or other refund. Upon IE DownloadHelper’s termination of this agreement, the user must cease all use of the Software, destroy all copies then in the user’s possession or control and take such other actions as IE DownloadHelper may reasonably request to ensure that no copies of the Software remain in the user’s possession or control.

16. CHANGES IN EULA. IE DownloadHelper reserves the right to update the EULA from time to time. Since your use of the Software is anonymous, we cannot inform you about this personally. The most current version of the EULA can be reviewed by clicking on the “Terms” hypertext link located at the bottom of our Web pages.

17. GOVERNING LAW. This Agreement shall be governed exclusively by and be construed in accordance with the laws of Denmark, without giving effect to conflict of laws. Any dispute with respect to this Agreement or in connection with the performance or termination thereof will be brought before the applicable courts in Copenhagen, Denmark, exclusively.

Latest update: May 2010

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