MOYEA SOFTWARE IS WILLING TO LICENSE THE PLAYER CREATING SOFTWARE – MOYEA PLAYERBOX, AND ACCOMPANYING DOCUMENTATION (COLLECTIVELY, "SOFTWARE") UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS NON-COMMERCIAL VERSION LICENSE AGREEMENT ("AGREEMENT"). PLEASE READ THESE TERMS CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. BY INSTALLING OR USING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, MOYEA SOFTWARE IS UNWILLING TO LICENSE THE SOFTWARE TO YOU ("YOU"), AND YOU SHOULD NOT INSTALL OR USE THE SOFTWARE.

 

GRANT OF LICENSE

Provided that you qualify for a Non-Commercial Version License as specified above, and subject to the terms and conditions contained herein, Moyea Software hereby grants You, an end user, a personal, non-transferable, non-exclusive, non-sublicensable license to install and use the Software, free of charge, for non-commercial purposes only. In addition, subject to the terms and conditions contained herein and provided that You meet the requirement specified above for an Non-Commercial Version License, Moyea Software hereby grants to You, an end user, a non-transferable, non-exclusive, non-sublicensable license, free of charge, to make copies of the Software as necessary all for non-commercial purposes.
Please make sure that you cannot use the Software for any commercial purpose.

For the avoidance of doubt, the following are considered examples of commercial uses of the Software:

•use at or for a commercial enterprise;
•use for financial gain, personal or otherwise;
•use by government agencies;
•use by a telecommunication or Internet service provider company;
•use at home or while traveling for work for which You will be paid;
•use in connection with administering or creating content for a commercial web site;
•use in connection with the provision of professional service for which You are compensated (including paid system administration);
•bundling or integrating the Software with any hardware product or another software product sold commercially.

All the points mentioned above are only examples of commercial purpose that you cannot used the Software for, the interpretation of commercial purpose or commercial use mentioned in this agreement shall be vested in Moyea Software. 

Moyea Software and/or its licensors reserve all rights not expressly granted to You herein. This license is not a sale of the Software or any copy of the Software. The Software contains valuable trade secrets of Moyea Software and its licensors. All worldwide ownership of and all rights, titles and interests in and to the Software, and all copies and portions of the Software, including without limitation, all intellectual property rights therein and thereto, are and will remain exclusively with Moyea Software. The Software is protected, among other ways, by the US and China copyright laws and international copyright treaties. All rights not expressly granted herein are retained by Moyea Software and its licensors.

 

USE RESTRICTIONS

 

You may not:

•use the Software, except under the terms listed above;
•modify, translate, reverse engineer, decompile, disassemble or otherwise attempt to reconstruct or discover the source code of the Software, except to the extent applicable laws specifically prohibit such restriction
•create derivative works based on the Software (e.g. incorporating the Software in a commercial product or service without a proper license
•copy the Software (except for non-commercial purposes as specified above);
•rent, lease, sublicense, convey, distribute or otherwise transfer rights to the Software;
•remove any product identification, copyright, proprietary notices or labels from the Software; or
•use any Moyea Software trademarks in any manner other than their presence within Your copy of the Software without written permission of Moyea Software.

 

Any and all copies made by You as permitted hereunder must contain all of the original Software's copyright, trademark and other proprietary notices and marks.

 

MAINTENANCE, SUPPORT AND UPDATES

Moyea Software is under no obligation to maintain or support or update the Software in any way, or to provide updates or error corrections.

 

CONFIDENTIALITY

The Software and any license authorization codes are confidential and proprietary information of Moyea Software. You agree to take adequate steps to protect the Software and any license authorization codes, if any, from unauthorized disclosure or use. You agree that You will not disclose the Software, in source code or object code form, to any third party, except as otherwise provided herein.

 

WARRANTY
MOYEA SOFTWARE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, AND ANY WARRANTY THAT MAY ARISE BY REASON OF TRADE USAGE, CUSTOM, OR COURSE OF DEALING. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED "AS IS" AND THAT MOYEA SOFTWARE DOES NOT WARRANT THAT THE SOFTWARE WILL RUN UNINTERRUPTED OR ERROR FREE NOR THAT THE SOFTWARE WILL OPERATE WITH HARDWARE AND/OR SOFTWARE NOT PROVIDED BY MOYEA SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

 

LIMITED LIABILITY

THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. UNDER NO CIRCUMSTANCES WILL MOYEA SOFTWARE OR ITS LICENSORS BE LIABLE FOR ANY DIRECT OR SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO THE SOFTWARE OR THIS AGREEMENT, EVEN IF MOYEA SOFTWARE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED IN THIS AGREEMENT. SUCH LIMITATION ON DAMAGES INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS OF DATA OR SOFTWARE, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR IMPAIRMENT OF OTHER GOODS. IN NO EVENT WILL MOYEA SOFTWARE OR ITS LICENSORS BE LIABLE FOR THE COSTS OF PROCUREMENT OF SUBSTITUTE SOFTWARE OR SERVICES. IN ADDITION, IN NO EVENT WILL THE TOTAL LIABILITY OF MOYEA SOFTWARE IN CONNECTION WITH THIS AGREEMENT OR THE SOFTWARE EXCEED THE ACTUAL AMOUNT PAID TO MOYEA SOFTWARE, IF ANY, FOR THE SOFTWARE GIVING RISE TO THE CLAIM. YOU ACKNOWLEDGE THAT THIS SOFTWARE IS NOT DESIGNED OR LICENSED FOR USE IN ON-LINE EQUIPMENT IN HAZARDOUS ENVIRONMENTS SUCH AS OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR CONTROL, OR LIFE-CRITICAL APPLICATIONS. MOYEA SOFTWARE EXPRESSLY DISCLAIMS ANY LIABILITY RESULTING FROM USE OF THE SOFTWARE IN ANY SUCH ON-LINE EQUIPMENT IN HAZARDOUS ENVIRONMENTS AND ACCEPTS NO LIABILITY IN RESPECT OF ANY ACTIONS OR CLAIMS BASED ON THE USE OF THE SOFTWARE IN ANY SUCH ON-LINE EQUIPMENT IN HAZARDOUS ENVIRONMENTS BY YOU. FOR PURPOSES OF THIS PARAGRAPH, THE TERM "LIFE-CRITICAL APPLICATION" MEANS AN APPLICATION IN WHICH THE FUNCTIONING OR MALFUNCTIONING OF THE SOFTWARE MAY RESULT DIRECTLY OR INDIRECTLY IN PHYSICAL INJURY OR LOSS OF HUMAN LIFE.

 

TERMINATION

This Agreement will terminate immediately and automatically without notice if You breach any provision in this Agreement. Upon termination You will remove all copies of the Software or any part of the Software from any and all computer storage devices and destroy the Software. At MOYEA SOFTWARE's request, You or your authorized signatory, will certify in writing to MOYEA SOFTWARE that all complete and partial copies of the Software have been destroyed and that none remain in your possession or under your control. The provisions of this Agreement, except for the license grant and warranty, will survive termination.

 

MISCELLANEOUS

If any provision hereof shall be held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity and enforceability of all other provisions of this Agreement shall not be affected thereby. No delay or failure by either party to exercise or enforce at any time any right or provision hereof shall be considered a waiver thereof or of such party's right thereafter to exercise or enforce each and every right and provision of this Agreement. This Agreement will bind and inure to the benefit of each party's permitted successors and assigns. You may not assign this Agreement in whole or in part, without Moyea Software 's prior written consent. Any attempt to assign this Agreement without such consent will be null and void. This Agreement is the complete and exclusive statement between You and Moyea Software relating to the subject matter hereof and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments and understandings of the parties, if any. In the case of any conflict between the terms of this Agreement and the provisions of any purchase order for the Software, the terms of this Agreement shall control.

Moyea Software does not charge license fees for non-commercial use as defined above. For all other use, you must enter into a separate agreement with Moyea Software. Also, bundling or distribution with hardware products or commercial software products requires a distribution license, which includes license fees for such distribution. For commerical license, enterprise-wide license, bundling and OEM inquiries please visit www.playerbox.com or contact us at sales@player-box.com. If you have any questions or concerns we will be happy to assist you. Please contact us at support@player-box.com.