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MacDrive End User License Agreement
THIS MEDIAFOUR END-USER LICENSE AGREEMENT (THE "LICENSE" OR "AGREEMENT") IS A
BINDING AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY) AND MEDIAFOUR
CORPORATION ("MEDIAFOUR") REGARDING ACCEPTABLE USE OF THIS SOFTWARE PRODUCT (THE
"SOFTWARE"). BY PROCEEDING WITH THE INSTALLATION PROCEDURE, YOU INDICATE THAT
YOU ACCEPT AND AGREE FULLY WITH THE FOLLOWING LICENSE PROVISIONS.
1. GRANT OF LICENSE Mediafour grants to you the non-exclusive right to install
and use the Software in accordance with the terms and conditions set forth in
a. The software may be installed on a computer or within a virtual (or otherwise
emulated) computer system on a computer.
b. In order for the Software to continue functioning after the initial trial
period, if any, each installation of the Software requires activation through
the use of the Internet or telephone. Utilizing a validly-obtained license key,
you are authorized to activate the Software on a single computer, or on the
number of computers otherwise authorized by Mediafour. During activation, the
specific software license key is associated with the specific computer or
virtual computer system. Each virtual computer system is treated as a separate
computer and requires separate activation of the Software.
c. The activation technology in the Software is designed to prevent unlicensed
or illegal use of the Software. You agree that Mediafour may use these measures
and you agree to any requirements and limitations regarding such technological
measures. The software may need to be reactivated if you modify your computer
hardware or operating system.
d. Product activation is based on the exchange of information between your
computer and Mediafour. No personally-identifiable information is exchanged.
2. USE You shall retain full control over the use of the Software and you assume
all risks and liability for results obtained by the use of the Software.
Mediafour shall have no liability to you or to any third party for any ordinary,
special, exemplary or consequential damages or losses (including, without
limitation, damages for loss of business profits, any other pecuniary loss)
which might arise directly or indirectly by reason of the use of inability to
use the Software, even if Mediafour has been advised of the possibility of such
damages. You shall indemnify, defend and hold Mediafour harmless from any loss,
cost, damage, or expense, including attorneys' fees, arising from any claim
asserted against Mediafour that is in any way associated with the matters set
forth here in Paragraph 2. Because some states and countries do not allow the
exclusion or limitation of liability of consequential or incidental damages, the
above limitations may not apply to you.
3. TITLE No title to or ownership in the Software is transferred to you. Title
to all applicable rights in patents, copyrights and trade secrets in the
Software shall remain with Mediafour and/or any third party vendors ("Vendors")
from whom Mediafour has acquired rights to license components of the Software.
The Software provided to you hereunder is proprietary to Mediafour and/or
Vendor, and you shall be bound by and observe the proprietary nature thereof as
herein provided. Except as may be specifically authorized in writing by
Mediafour or as otherwise provided herein, you shall not provide or otherwise
make available the Software or copies thereof to any third party.
4. TERM AND TERMINATION The term of this License shall commence on the date of
your purchase of the Software and shall continue until such time as you
discontinue use of the Software, but otherwise shall be without restriction as
to time. Mediafour shall have the right to terminate this License if you fail to
comply with the License terms and conditions. Upon expiration of the License
term or upon termination by reason of your default, you shall immediately return
or destroy the Software and copies thereof as directed by Mediafour and, if
requested by Mediafour, to certify in writing as to the destruction or return of
the Software and all copies thereof. The provisions of this License which
protect the proprietary rights of Mediafour shall continue in force after
5. COPYRIGHT This computer software and all accompanying materials are COPYRIGHT
© 2001-2011 MEDIAFOUR CORPORATION Any unauthorized duplication is prohibited.
The Software is owned by Mediafour and is protected by United States copyright
laws and international treaty provisions. Therefore, you must treat the Software
like any other copyrighted material (e.g. a book or musical recording) except
that you may either (a) make one copy of the Software solely for archival
purposes, or (b) transfer the Software to the fixed storage media of a single
computer, provided you keep the original solely for archival purposes. You shall
not reproduce the written materials accompanying the Software. The unauthorized
copying of the Software and the acquisition and/or use of unauthorized copies of
the Software may be both criminal and civil offenses for which you may be liable
for fines, damages and legal fees. If you attempt to use, copy or disclose any
portion of the Software or any modification thereof or any of Mediafour's
confidential information in a manner contrary to the terms of this License,
Mediafour shall have the right, in addition to other legal remedies, to
injunctive relief enjoining such acts without the posting of a bond.
6. OTHER RESTRICTIONS You may not rent or lease the Software to others, but you
may transfer the Software and all accompanying written materials on a permanent
basis provided you retain no copies and the recipient agrees to the terms of
this Agreement. You may not reverse engineer, decompile, or disassemble the
Software. If the Software has been updated, any transfer must include all
7. PATENT AND COPYRIGHT INDEMNIFICATION Mediafour shall defend any action, suit,
or proceeding brought against you so far as it is based on a claim that the
Software delivered hereunder infringes any United States patent or copyright,
provided that you promptly notify Mediafour of the action and you give full
authority, information and assistance for the defense of the action. Mediafour
shall pay all damages and costs awarded therein against you, but shall not be
responsible for any compromise made without its consent. Mediafour may, at its
option and expense, replace or modify the Software so that infringement will not
exist or refund to you the price thereof as depreciated or amortized by an equal
amount over the lifetime of the Software as established by Mediafour.
Mediafour's commitment shall not extend to any infringement or claim thereof
which is based upon the combination of the Software delivered hereunder with
software not supplied by Mediafour.
8. LIMITED WARRANTY Mediafour warrants that the Software will perform
substantially in accordance with the accompanying written materials for a period
of ninety (90) days from the date of purchase. Some states and countries do not
allow limitations on duration of an implied warranty, so the above limitation
may not apply to you.
9. CUSTOMER REMEDIES Mediafour's and its suppliers' entire liability and your
exclusive remedy shall be, at Mediafour's option, either (a) return of the price
paid by you for the Software, or (b) replacement of the Software, which is
returned to Mediafour with a copy of your proof of purchase. Outside the United
States, these remedies are not available without proof of purchase from an
authorized non-U.S. source.
10. NO OTHER WARRANTIES Mediafour and its suppliers disclaim all other
warranties, either express or implied, including, but not limited to, implied
warranties of merchantability and fitness for a particular purpose, with regard
to the Software and the accompanying materials.
11. U.S. GOVERNMENT RESTRICTED RIGHTS The Software and documentation are
provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the
Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of
the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013
or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted
Rights at 48 CFR 52.227-19, as applicable. The manufacturer is Mediafour
Corporation, 1101 5th Street, West Des Moines, IA 50265-2608.
12. SUCCESSORS, ASSIGNMENT This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns. You
shall not assign or sublicense your rights or obligations under this Agreement
except as provided herein.
13. COMPLETE AGREEMENT This Agreement constitutes the entire agreement between
Mediafour and you relative to this License. Any change hereto shall be effective
only if in writing and signed by both a duly authorized agent of Mediafour and
14. SEVERABILITY If any provision or portion thereof of this License is held to
be invalid, void or unenforceable, the remaining provisions of this License
shall remain in full force and effect and shall in no way be affected, impaired,
or invalidated. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT EACH AND EVERY
PROVISION OF THIS AGREEMENT WHICH PROVIDES FOR A LIMITATION OF LIABILITY,
DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, IS INTENDED BY THE PARTIES TO
BE SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISION AND TO BE ENFORCED AS SUCH.
15. EXPORT OR REEXPORT You shall not, directly or indirectly, export or transmit
any Mediafour product covered by this Agreement to any country to which such
exportation is restricted by applicable regulations or statutes of the United
States or any agency thereof, without the prior written consent of the U.S.
Department of Commerce, Washington D.C. 20230 and of any other required
16. GOVERNING LAW This Agreement is governed by the laws of the state of Iowa.
Below are source code package download links for software components distributed by Mediafour under the GNU General Public License.
Media Boss/RapidGX Media 1.2.0 – (8MB)
Media Boss/RapidGX Media 1.2.1 – (13MB)
Media SOS 1.0 – (6MB)
Below are source code package download links for software components distributed by Mediafour under the Apple Public Source License.
MacDrive 9 – (300 KB)