iMediaShare License Agreement

Notice to users: Carefully read this iMediaShare License Agreement (hereinafter refer to as the “Agreement"). Use of iMediaShare (hereinafter refer to as the “Software"), provided with this Agreement, constitutes your acceptance with the terms of this Agreement.

The Software is a product of iMediaShare OOD (hereinafter refer to as "iMediaShare"). All intellectual rights of this Software are owned by iMediaShare.

iMediaShare shall license the Software to you only if you accept this Agreement. You agree to the terms of this Agreement by clicking to accept it or by installing, downloading, or using the Software. If you do not agree to these terms, do not install, download, or use the Software.

1. Entitlement

You must maintain your original dated sales transaction document, such as a receipt, invoice, email confirmation or similar document, as your proof of your right to use the Software. Your transaction document also provides evidence of your eligibility for future upgrades, if any.

2. License

  1. The Agreement grants you the right to store, load, install, execute or display one copy of the Software;
  2. You may not modify the Software or disable features of the Software except as an intended part of the Software's programming features;

3. Restrictions

You may not rent, lease, lend, redistribute, sublicense, transfer or sell the Software. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. You may not alter or modify the installer program or create a new installer for the Software.

4. Ownership

The Software is owned by iMediaShare. This Agreement confers no title or ownership of the Software and should not be construed as a grant of any right in the Software.

5. Copyright

The Software is owned by iMediaShare. 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 exclusive property of iMediaShare and you will not acquire any rights to the Software except as expressly set forth in this Agreement.

The libupnp library is used by the iPhone version of the Software and is distributed in binary form together with the installation package of the Software. Libupnp is Copyright © 2000-2003 Intel Corporation. All rights reserved. This library is provided by the copyright holders and contributors "as is'' and any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall Intel or Contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this library, even if advised of the possibility of such damage.

6. Disclaimer of Warranties, limitation of liabilities

  1. iMediaShare is not liable in case of direct, indirect, special or other damages resulting from the use of the Software.
  2. iMediaShare can not guarantee that the application is completely devoid of errors, leading even the inability to use, and is not responsible for the presence of such errors.
  3. iMediaShare does not guarantee that the application is able to work with other software or systems.
  4. iMediaShare is not liable for damages incurred due to the inapplicability of the Software for any purposes or by mistake or inability to work together with any other systems or software products.
  5. iMediaShare is not liable for any loss or damage to the database and for lost profits, and for impaired business reputation.
  6. iMediaShare does not guarantee and is not liable, given the current technological level, for the occurrence of any outages of the application and its correct use for specific purposes.
  7. You assume the entire risk of the use of the Software.

7. Consumer rights

Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract. You may have additional consumer rights under applicable local law, which this Agreement cannot change.

8. Termination

  1. This Agreement is in effect until terminated. You may terminate this Agreement at any time by ceasing the use of the Software, and deleting and destroying the Software and all of its components.
  2. This Agreement shall be terminated automatically upon breach of any term of the Agreement.
  3. Sections titled "License", "Restrictions", "Ownership", "Copyright", "Disclaimer of  Warranties, limitation of liabilities",  shall survive any termination of this Agreement.

9. Additional condition

  1. Any claim, dispute or controversy with respect to, in connection with or arising out of this Agreement shall be subject to and decided by the competent arbitration court of the respective country.
  2. In the event that any provision of this Agreement is held to be invalid or unenforceable by the applicable law, the remaining provisions of this Agreement shall remain in full force and effect.

This Agreement is the final, complete and exclusive Agreement between you and iMediaShare that supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this Agreement.

Copyright © 2011-2013 iMediaShare. All rights reserved.