The following section is a summary and not a substitute for the full licence, which is detailed below this section.
You are free to:
Download, activate and use the Software on one computer for your personal use (if you are a consumer) or for commercial purposes (if you are a business).
Under the following terms:
Customer Support is offered for a period of 1 year after purchase of the Software.
All intellectual property rights in the Software anywhere in the world belong to FXHOME.
We are not liable to you for any loss of data, sales, profits or any indirect loss or damage.
We are not liable to you for the content of any data transferred either to or from you or stored by you via the Software.
There is no licence fee payable for the Software.
You may be required to pay a fee for additional functionality (optional).
Any additional functionality that you unlock for the Software will be particular to that version and cannot be transferred or migrated to any subsequent future versions of HitFilm 4 Express.
At our discretion, we shall use our reasonable endeavours to offer technical help and assistance for a period of 1 year after first activation of the Software regardless of version number, or 1 year after purchase of any additional functionality (whichever is later).
You may not:
Rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software
Disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software or attempt to discover the source code of the Software.
IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE DOWNLOADING AND/OR INSTALLING THE HITFILM 4 EXPRESS SOFTWARE:
This licence agreement (Licence) is a legal agreement between you (Licensee or you) and FXHOME LIMITED, Norwich, UK (Licensor, us or we) for HITFILM 4 EXPRESS computer software and the associated media (Software).
We licence use of the Software to you on the basis of this License. We remain the owners of the Software at all times.
It is the responsibility of the Licensee to check the operating system requirements for the Software. These can be found on our website at: http://hitfilm.com/express/requirements
IMPORTANT NOTICE TO ALL USERS:
BY DOWNLOADING THE SOFTWARE YOU AGREE TO THE TERMS OF THIS LICENSE WHICH WILL BIND YOU.
THE TERMS OF THIS LICENSE INCLUDE, IN PARTICULAR, LIMITATIONS ON LIABILITY IN CONDITION 5.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, WE WILL NOT LICENSE THE SOFTWARE TO YOU AND YOU MUST UNINSTALL THE SOFTWARE NOW.
IF YOU OBTAINED THE SOFTWARE OR ANY ADDITIONAL FUNCTIONALITY FROM A THIRD PARTY RETAILER PLEASE CONTACT THE RETAILER DIRECTLY WITH ANY INITIAL QUERIES IN RELATION TO THIS LICENSE OR YOUR RIGHTS IN RELATION TO THE SOFTWARE.
You should print a copy of this License for future reference.
1. Grant and scope of license
1.1 In consideration of you agreeing to abide by the terms of this License, we hereby grant to you a non-exclusive license to use the Software on the terms of this License.
1.2 There is no license fee payable for the Software.
1.3 You acknowledge and agree that additional functionality can be added to the Software. Any additional functionality which you wish to add to the Software can be downloaded from our website. You acknowledge that you may be required to pay a fee for any such additional functionality (decided at the absolute discretion of the Licensor).
1.4 Pursuant to clause 1.3 above you hereby acknowledge and agree that any additional functionality that you unlock for the Software via our website will be particular to that version of the Software and these features cannot be transferred or migrated to any subsequent future versions of HitFilm Express. For the avoidance of doubt any bug fixes or minor updates of the Software by the Licensor shall not for the purposes of this clause constitute a new version of the Software and paid for features will not be affected.
1.5 You may:
2.1 Except as expressly set out in this License or as permitted by any local law, you undertake:
2.2 You acknowledge and agree that should you transfer the Software to a third party in accordance with clause 11.4 below this will constitute a termination by you, and you as the original licensee must render your version of the Software unusable. Any additional functionality (paid or otherwise) which you have added to the Software shall also be transferred and your licence to any additional functionality shall also terminate. The provisions of clause 6.3 shall therefore apply.
3. Intellectual property rights
3.1 You acknowledge that all intellectual property rights in the Software (and in any additional features that you download from our website) anywhere in the world belong to us, that rights in the Software are licensed to you, and that you have no rights in, or to, the Software other than the right to use them in accordance with the terms of this Licence.
3.2 You acknowledge that you have no right to have access to the Software in source code form.
3.3 In the event that you produce and provide to the Licensor any text or images (the Material) from the use of the Software you hereby agree to release any intellectual property rights which you may have in the Material to the Licensor and expressly authorise the Licensor to use the Material in any manner or for any purpose whatsoever.
4. Customer Support
4.1 We shall use our reasonable endeavours to offer the Licensee technical help and assistance through our Customer Support team for a period of 1 year after first activation of the Software regardless of version number, or 1 year after purchase of any additional functionality (whichever is later). The Licensee acknowledges and agrees that any support provided by Our Customer Support Team is entirely discretionary and is not a contractual term of this License. Our Customer Support team can be contacted via our website.
4.2 Subject to clause 8 below, we are under no obligation to release any patches or bug fixes for the Software. Any support we provide and repairs that we undertake are at our sole discretion and are dependent upon you making available all the information that may be necessary to help us to remedy the defect or fault, including sufficient information to enable us to recreate the defect or fault.
4.3 We will be unable to repair any Software:
4.4 We make no warranty that the operation of the Software will be uninterrupted or that the Software will be error free or as to the results that may be obtained from use of the Software.
5. Limitation of liability
5.1 You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software meet your requirements.
5.2 We only supply the Software to business customers for internal business use and to consumers for domestic and private use.
5.3 We shall not under any circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Licence for:
5.4 We are not liable to you for the content of any data transferred either to or from you or stored by you via the Software.
5.5 From time to time we may choose to display advertisements or promotions of products of third parties on the Software along with electronic links to their sites. We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
5.6 Nothing in this License shall limit or exclude our liability for:
5.7 This Licence sets out the full extent of our obligations and liabilities in respect of the supply of the Software. Except as expressly stated in this Licence, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Software which might otherwise be implied into, or incorporated in, this Licence whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
6.1 This Agreement is effective until terminated by you or us upon notice.
6.2 We may terminate this Licence immediately for any reason by written notice to you, including but not limited to, if you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.
6.3 Upon termination for any reason:
7. Cancellation rights
7.1 You have a right to cancel the contract between us and yourself for the Software at any time.
7.2 If you have purchased any additional functionality for the Software with which you are not satisfied you have a right to request a refund for those purchases within 14 days of the date of purchase. If you have obtained the Software or purchased any additional functionality from a third party retailer you will need to contact them directly and adhere to the retailer’s own refund policy.
7.3 In order to activate your right of cancellation in accordance with clauses 7.1 and 7.2 you should contact our Customer Support team at hitfilm.com.
7.4 If you do decide to cancel the contract as provided for in clauses 7.1 and 7.2 above, you hereby agree to delete or remove all Software, or any additional functionality for which you wish to request a refund, from all computer equipment in your possession, and immediately destroy or return to us (at our option) all copies of the Software then in your possession, custody or control and, in the case of destruction, certify to us that you have done so within 14 calendar days of cancelling the contract.
7.5 If we request, further to clause 7.4 above, that you return copies of the Software we will where necessary withhold any refund that is owed to you until the goods are returned.
7.6 The right of cancellation provided for in this clause does not affect any other provisions in this Agreement.
8. If there is a problem with the Software
8.1 The Software that we supply to you must be as described, fit for purpose and of satisfactory quality. In the event that the Software does not conform to these standards and your hardware meets our minimum technical specifications we would ask that you contact our Customer Support team who can provide you with assistance and support in accordance with clause 4. Our Customer Support team will advise you whether may be entitled to a repair or a replacement of the Software.
8.2 Pursuant to clause 8.1 above if there is a fault in our Software which can't be fixed within a reasonable time you may be entitled to a refund of some or all of your money back.
8.3 In the unlikely event that our Software has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation
9. Communications between us
9.1 If you wish to contact us in writing, or if any condition in this Licence requires you to give us notice in writing, you can send this to us by e-mail to firstname.lastname@example.org or by pre-paid post to FXHOME, Suites 4 and 5 St Giles House, 27 St Giles Street, Norwich, NR2 1JN, UK. We will confirm receipt of this by contacting you in writing, normally by e-mail.
9.2 If we have to contact you or give you notice in writing, we will do so by e-mail to the address you provide to us in your order for the Software.
10. Events outside our control
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this License that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in condition 10.2.
10.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks.
10.3 If an Event Outside Our Control takes place that affects the performance of our obligations under this License:
11.1 You acknowledge and agree that you are responsible for downloading/installation, management and operation of the Software.
11.2 We may transfer our rights and obligations under this License to another organisation, but this will not affect your rights or our obligations under this License.
11.3 These terms do not apply to third-party libraries included in the Software. These third-party libraries are distributed in accordance with their license agreements which may be viewed in the ‘About’ section within the Software.
11.4 You may only transfer your rights or your obligations under this License to another person with prior written consent.
11.5 This Agreement may only be varied or modified by a License Addendum which accompanies this License or by written document which has been signed by both you and us.
11.6 If you are a business customer, this License constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this License. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this License.
11.7 If we fail to insist that you perform any of your obligations under this License, or if we do not enforceour rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
11.8 Each of the conditions of this License operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
11.9 This License, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT DIRECTX END USER RUNTIME
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices.
2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways.
You may not
3. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
4. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
5. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
6. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
8. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS-IS." YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.