End User License Agreement ("Agreement")

Last updated: August 10, 2023

Applied to: VideoProc Converter AI, VideoProc Vlogger

IMPORTANT: Please take the time and read this Digiarty Software End User License Agreement carefully. This is a legal agreement between the End User and Digiarty Software, the developer and owner of the program and software VideoProc. The Software is LICENSED, NOT SOLD, only in accordance with the terms of this Agreement. By downloading, accessing, installing, or using all or any portion of this Software, documentation, or collections from VideoProc, you accept all the terms and conditions of this agreement. If You do not agree to the terms of this Agreement, you may not download or use the Software.

1. Definitions

Agreement means this Digiarty Software End User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application.

The Licensee means you, the Customer, the End User, or individual accessing or using the Software or the company, or other legal entity on behalf of which such individual is accessing or using the Software, as applicable.

The Licensor (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Digiarty Software, Inc.

Device means a virtual or physical device that can access the Software, including without limitation desktop computers, laptops, tablets, mobile devices, telecommunication devices, Internet-connected devices, and hardware products.

Software means the software program provided by the Company downloaded by You to a Device, named VideoProc Converter AI, VideoProc Vlogger.

Third-Party Services means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Software.

2. Grant of License

Digiarty Software (VideoProc) hereby grants to You (an individual) the revocable, personal, non-exclusive, and nontransferable right to install and use the Software on no more than one computer solely for personal and non-commercial use. The rights and obligations of this Agreement are personal rights granted to the Licensee only. Sharing this Software with any other person, or allowing other individuals to view the contents of this Software, is in violation of this license. You may not make the Software available on a network, or in any way provide the Software to multiple users, unless You have first purchased at least a multi-user license from Licensor.

The Software is owned by Digiarty Software and protected by copyright law and international copyright treaties. You may not remove or conceal any proprietary notices, labels or marks from the Software.

3. Acquisition of the Software

You can obtain the Software directly from VideoProc's website or a third party authorized by Digiarty.

Digiarty Software (VideoProc) products and services target overseas markets outside of mainland China. For users from mainland China, please find our authorized agencies in your region to buy VideoProc products.

Digiarty cannot guarantee that the Software will normally function if you download it - or any installation software with the same name - from any third party without authorization by Digiarty. Therefore, Digiarty takes no responsibility for any losses or consequences that may result.

4. Installation, Activation, and Uninstallation

Digiarty may develop different versions of the Software for different Devices. You should download the appropriate version for installation according to the actual situation. To ensure proper installation of the Software, you need to adhere to the program's instructions.

You can only install one copy of the Licensed Software on a single Device. All installations of the Licensed Software must comply with the terms of this Agreement. You may purchase and install multiple licenses if You want to install Software on two or more Devices. All costs associated with the installation and use of the Licensed Software by the Licensee shall be entirely your responsibility.

The Licensed Software contains technological measures that are designed to prevent its unlicensed or illegal use. The Licensed Software may contain enforcement technology that limits Your ability to install and uninstall the Licensed Software on one Device to no more than a finite number of times, for a finite number of Devices and for a defined period in time designated by the purchased License.

The Licensed Software may require activation during installation. If any of such applicable activation procedure(s) is not followed, the Licensed Software may operate only to a limited extent. If You have any problem with the activation process, You may contact our customer service for support.

If you no longer need to use the Software, or need to update to the latest version, you can uninstall the Software. If you would like to assist Digiarty in improving the product and services, please let us know the reasons.

5. License Types

Digiarty Software offers different types of licenses for you. Different types of licenses vary in terms of features and benefits.

5.1 VideoProc Converter AI

Free License. You may be granted the use of an evaluation copy of the Software free of charge ("Free Version" or "Free Trial"). Certain features and/or functionality in the Software are subject to usage limitations in the Free Version. In order to benefit from all features and functionality of the Software, you must purchase a valid license code. You are expected to use the Software on your Device and to thoroughly evaluate its usefulness and functionality before making a purchase. This "try before you buy" approach is the ultimate assurance that the Software will perform to your satisfaction.

Full License. Once you have purchased the Full License from our official website or authorized stores, You will automatically have access to all the features and/or functionality in the Software ("Full License" or "Full Version") within the corresponding period. (a) For the Software available on a subscription basis, You may install and use the most recent prior version and the current version of the Full Version on the Permitted Number of Devices and get free updates during the License Term. Your subscription is effective for the period of time covered by your subscription fee (which is your Purchase Price) as disclosed in the enrollment process and continues upon your payment in advance of the renewal fee for the applicable period (e.g., monthly, quarterly, or annually). You will be informed 7 days before the next charge date. You can cancel your subscription at any time. (b) For the Lifetime License, You may install and use the most recent prior version and the current version of the Full Version on the Permitted Number of Devices and get unlimited downloads of up-to-date versions for a lifetime.

Giveaway License. The Company reserves the right to grant Giveaway Licenses to its partner(s) as part of promotional activities. Upon obtaining such a license through participation in the designated activity, You are entitled to install and use all features and functionality of the Software for a specified duration. There are two types of Giveaway Licenses: (a) The Seven-Day Trial Giveaway permits You to access and experience all features of the Software for a period of seven (7) days from the date of activation. After this period, the license will expire, and You may no longer access the full functionality of the Software. (b) Fixed Version Giveaway allows You to install and use all features and functionality of the specific version of the Software. However, this license does not include support for Software updates, and You will be restricted to the features available in the version obtained through the giveaway. By accepting a Giveaway License, You agree to comply with all terms and conditions set forth in this Agreement and acknowledge that the Giveaway License is provided "as is" without any warranties or representations of any kind. The Company may, at its sole discretion, modify or terminate the Giveaway License at any time.

5.2 VideoProc Vlogger

Free License. Digiarty grants you a non-exclusive, non-transferable license to use a copy of the Software VideoProc Vlogger free of charge on your Devices in accordance with the terms of this EULA agreement.This Software, and all accompanying files, data and materials, are distributed "as is" and with no warranties of any kind, whether express or implied except as required by law. Except as otherwise permitted by the terms of this License or otherwise licensed by Digiarty: (a) You can use the same license code on two Devices at most. A Windows license only works for the Windows version and a Mac license only works for the Mac version. (b) You may not make the VideoProc Software available over a network. You may not rent, lease, lend, sell, redistribute or sublicense the VideoProc Software. (c) You may not edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things.

6. Restrictions on Use

You may not, and you may not permit others to:

7. Upgrade and Update

To enhance the user experience and service content, Digiarty will constantly work to develop new services and provide you with Software updates from time to time (these updates may come in the form of software replacement, modification, function enhancement, version upgrade, etc.).

In order to ensure the security and consistency of functionality of the Software and services, Digiarty maintains the right to update the Software, alter, or restrict the functionality of the Software without prior notice. Digiarty offers any upgrades or updates at its own discretion without any obligations of any kind.

Older versions of the Software might not be accessible after the new version is launched. Before utilizing any upgrade or update, You shall confirm that any upgrade or update to previously purchased software can be utilized on a specific Device in compliance with the program's system requirements. However, Digiarty will continue to provide technical support (consultations and other help) in relation to the earlier purchased programs in accordance with the original system requirements.

Should the Licensed Software constitute an Update to a prior version, the Licensee must hold a legitimate License pertaining to that prior version. Any Update furnished by the Licensor to the Licensee shall be executed on a License exchange basis. The Licensee, as a prerequisite for the receipt of an Update, shall consent to terminate all rights and entitlements to utilize any and all preceding versions of the Licensed Software. Notwithstanding the foregoing, the Licensee may persist in the utilization of the prior version solely for the purpose of facilitating a transition to the Updated version. Upon the release of an Update, the Licensor reserves the right, at its sole discretion, to discontinue service or support for previous versions without any obligation of notice to the Licensee.

8. User Requirements and Obligations

8.1 Users will comply with all applicable laws in connection with use of the Software (VideoProc).

8.2 Digiarty Software (VideoProc) respects the intellectual property rights of others, and requests you to do the same. Title and intellectual property rights in and to any content displayed by or accessed through the Digiarty Software belong to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. Except as otherwise provided in this License, (a) this License does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you. (b) To the extent that you process any content through the use of the Software, you represent that you own all rights in, or have authorization or are otherwise legally permitted to process, such content and that such content does not violate any terms of services applicable to the Software.

8.3 Any unauthorized reproduction, retransmission or modification of the contents of copyrighted owners may be in breach of statutory or common law rights which could be the subject of legal action. The Licensor reserves the right to immediately terminate User's use of, or access to, the site at any time if the Licensor, in its sole discretion determines that the Licensee has breached this Agreement, or any relevant law, rule or regulation or that the Licensee has engaged in conduct or behavior that the Licensor considers to be unacceptable or inappropriate.

8.4 The Licensor doesn't advocate Licensee to apply video downloader to download YouTube content to reproduce, distribute, transmit, broadcast or sell any content for any other purposes without prior written permission of YouTube or the respective licensors of the content. Please refer to YouTube terms of service before doing so.

Video downloader should only be used to download videos, audio or images you own or have the copyright to. Any further use of the content transmitted by video downloader, particularly but not exclusively making the content publicly accessible or using it commercially, must be agreed upon with the holder of the rights of the respective downloaded content. The Licensee bears full responsibility for all actions related to the data transmitted by video downloader. The Licensor does not grant any rights to the contents, as it only acts as a technical service provider.

9. No Other Warranties

The Application is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Licensor does not warrant that the Software is error free. The Licensor makes no other warranties expressed or implied concerning the merchantability and fitness of the Software for a particular purpose and no infringement of third party rights. Some jurisdictions do not allow the exclusion of implied warranties of limitations on how long an implied warranty may last, or the exclusion or limitation of incidental or consequential damages, so the above limitations of exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction.

10. Cover CD

10.1 Authorization: Digiarty grants permission for the reproduction and distribution of the Software (evaluation copy only) in Cover CDs published by recognized and associated magazines.

10.2 Compliance: Any party wishing to reproduce or distribute the Software in this manner must adhere to all applicable laws and regulations, including intellectual property rights.

10.3 Notification and Approval: A copy of the magazine with the CD containing the Software must be sent to Digiarty for approval prior to distribution. Failure to comply with this requirement may result in the revocation of the authorization granted herein.

10.4 Limitations: This authorization is limited to the distribution of evaluation copies only and does not extend to full or commercial versions of the Software. Any unauthorized distribution or reproduction may result in legal action.

10.5 Termination: Digiarty reserves the right to terminate this authorization at any time, at its sole discretion, with or without notice.

11. Limitation of Liability

In no event shall the Licensor or its suppliers be liable to you for any consequential, special, incidental, punitive, direct or indirect damages or any kind arising out of the delivery, performance or use of the Software, even if the Licensor has been advised of the possibility of such damages. In no event will the Licensor liability for any claim, whether in contract, tort or any other theory of liability, exceed the license fee paid by you, if any.

If the Software is subject to a threatened, potential or actual claim of infringement of another's right for which Digiarty may be liable, the Licensee will make prompt and reasonable efforts to stop using the Software upon receiving the Company's written notice (including by email), Digiarty may provide Licensee with a replacement or updated or modified software free of charge. In such circumstances, Digiarty shall not bear other liabilities to you.

The foregoing limitations and exclusions apply to the extent permitted by applicable law in customer's jurisdiction. This limitation of liability may not be valid in some jurisdictions. Customer may have rights that cannot be waived under consumer protection and other laws. Digiarty does not seek to limit its warranty or remedies to any extent not permitted by law.

Acknowledgment by installing the Software, you acknowledge that you have read and understand the foregoing and that you agree to be bound by its terms and conditions. You also agree that this agreement is the complete and exclusive statement of agreement between the parties and supersedes all proposed or prior agreements, oral or written, and any other communications between the parties relating to the license described herein.

If there is any conflict between this Additional EULA Terms and the Digiarty Software End User License Agreement, this Additional EULA shall prevail.

12. Term

This Agreement is effective until terminated. You may terminate it at any time by destroying the Software, together with all copies thereof. This License will also terminate if you fail to comply with any term or condition of this Agreement. Upon such termination, the Licensee will destroy the Software, together with all copies thereof.

The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

Termination of this Agreement will not limit any of the Company's rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.

13. Severability and Waiver

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.

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

14. Miscellaneous

By using the Software, you shall be deemed to have read and agreed to be bound by this agreement. Digiarty reserves the right to modify the terms of this agreement if necessary. You can refer to the relevant agreement terms in the latest version of the software. After the terms of this Agreement are changed, if you continue to use the software, you shall be deemed to have accepted the modified agreement. If you do not accept the modified agreement, you should stop using the software.

This Agreement is signed in Chengdu Hi-Tech Zone, Sichuan Province of the People's Republic of China.

The establishment, effectiveness, performance, interpretation and dispute resolution of this Agreement shall be governed by the laws of the Mainland of the People's Republic of China (excluding conflict of laws).

In case of any disputes between you and Digiarty, it shall first be resolved through negotiation; where the negotiation fails, you agree to submit the dispute or dispute to the people's court with jurisdiction in the place where this agreement is signed.

The headings of all terms of this Agreement are only for convenience of reading and do not have any actual meaning. They shall not be taken as a basis for the interpretation of the meaning of this Agreement.

This Agreement may be provided in language versions other than English language version. If there is any inconsistency or discrepancy among different language versions, the English version shall prevail.

If you have any questions in connection with your use of the Software, you may contact us at: contact@videoproc.com or the Contact Us page.

Digiarty Software, established in 2006, pioneers multimedia innovation with AI-powered and GPU-accelerated solutions. With the mission to "Art Up Your Digital Life", Digiarty provides AI video/image enhancement, editing, conversion, and more solutions. VideoProc under Digiarty has attracted 4.6 million users from 180+ countries.

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