Upload 2 Facebook APP – Terms of Use

Upload 2 Facebook.com SOFTWARE LICENSE AGREEMENT

This agreement is between Upload 2 Facebook.com (together with its affiliates) and you. Please read this agreement carefully. These terms apply to the software named above, along with the media on which you received it (if any). These terms also apply to any updates, support services, or Internet services for the 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 are a consumer, you may have additional or different rights. Please read this entire agreement, including section H (Consumer Rights Not Affected), for more information.

The software may be distributed with components from other vendors that are subject to different terms. Please read this entire agreement, including sections 7 (Third Party Software) and 8 (Third Party Information), for more information.

1.            LIMITED RIGHTS TO INSTALL AND USE THE SOFTWARE. Upload 2 Facebook.com grants you the following rights, the terms and conditions below:

1.1.        

2.            LIMITED RIGHTS TO MEDIA ELEMENTS. The software may include certain pictures, animations, sounds, music and video clips for your reuse. You may create your own works based upon these media elements, and copy, modify, distribute, display, and perform your derivative works provided that:

2.1.         you indemnify, defend, and hold Upload 2 Facebook.com harmless from and against any claims or liabilities arising from your use of the media elements;

2.2.         you include a valid copyright notice on your derivative works.

You may not sell, license or distribute the media elements by themselves or as part of any collection, product or service whose value is derived solely or primarily from the media elements themselves.

3.            LICENSE CONDITIONS.

3.1.         Technical limitations. This software may include technological measures, whether in the software or in bundled hardware or both, that are designed to prevent or detect unlicensed use of the software. Circumvention of these technological measures is prohibited, except and only to the extent that applicable law expressly permits, despite this limitation. Any attempt to circumvent technical limitations may render the software or certain features unusable or unstable, and may prevent you from updating or upgrading the software.

3.2.         Reverse engineering and copying. You may not reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation. If the software is distributed with third party components licensed under the terms of the GNU Lesser General Public License (LGPL), you may reverse engineer the software for the sole purpose of debugging your modifications to the LGPL software. You may copy the software only to the extent necessary for backup or archival purposes in support of your use of the software. You must include all copyright and other legal notices appearing on the software in any copies that you make.

3.3.         No reconfiguration. The software is licensed for installation and use only in the manner it was provided to you, as configured by an automated installation program provided with the software, or as described in Upload 2 Facebook.com’s documentation. You may not separate the components contained in the software or otherwise reconfigure the software to circumvent technical limitations on the use of the software or to otherwise exceed the scope of your license.

3.4.         Evaluation software. If the software is designated or specially-priced as an “Evaluation,” “Trial,” “Not for resale” or “NFR” version, you may only use the software for demonstration, testing, or evaluation purposes.

3.5.         Time limits. If the software is designated or specially-priced as a time-limited “Evaluation,” “Loan,” “Trial,” “Rental,” “Subscription” or “Temporary” version, the rights granted to you by Upload 2 Facebook.com expire at the end of the time period. The software may contain technical measures that automatically disable the software at the end of the time period.

3.6.         No illegal use. This product is intended for use with content that you own, license, or obtain from the public domain. You may not use this product to violate any law, including copyright laws.

3.7.         SCOPE. The software is licensed, not sold. This agreement only gives you certain rights to use the software, which may be revoked if you do not follow these terms. Upload 2 Facebook.com and its suppliers reserve all rights not expressly granted to you in this agreement. The software is protected by copyright and other intellectual property laws and treaties.

3.8.         CONFIDENTIALITY. You acknowledge that the software, together with any bundled hardware, contains proprietary and confidential property of Upload 2 Facebook.com or Upload 2 Facebook.com’s suppliers. You may not disclose this confidential information to anyone other than your employees or consultants who need access to the confidential information to carry out their duties and who are bound by appropriate confidentiality or nondisclosure agreements.

4.            UPGRADES. To use software identified as an upgrade, you must first be licensed to use the software identified by Upload 2 Facebook.com as eligible for the upgrade. Upon upgrade, this agreement governs your use of the upgraded software. If you choose to upgrade your software, you may not use the original software and the upgraded software at the same time. Also, you may not sell or transfer the original software separately from the upgraded software. See section 9 (Software Transfer) for more detail about transfers.

5. THIRD PARTY SOFTWARE. The software may be distributed with components from other vendors that are subject to different terms. Your installation and use of those components is subject to those terms, which can be found on the media on which the software is provided. Nothing in this agreement limits rights granted to you by third parties, which may include rights under free software or open source software license.

6. THIRD PARTY INFORMATION. Upload 2 Facebook.com may include information about third party products and services, including links to Web sites run by others. Upload 2 Facebook.com is not responsible for, and does not endorse or sponsor, this third-party information.      

7.           

8.           

9.            SOFTWARE TRANSFER.

9.1.         Device transfer. If your license is limited to one hardware device, you may transfer your licensed copy of the software to a different device for your internal business use or your own personal enjoyment provided that you completely remove the software from the former device.

9.2.         Transfer to third party. If you are the person who initially licensed the software, you may make a one-time permanent transfer of your license and the software to another end user, provided that you do not retain any copies of the software and you follow Upload 2 Facebook.com’s license transfer procedures. For further information, please visit the Web sites listed at the end of this document. Academic (see section 3.5) and evaluation (see section 3.6) licenses may not be sold or transferred except where and to the extent that applicable law mandates that such a transfer must be permitted.

9.3.         Software upgrades. If you have upgraded your software, you may not separately transfer the original software and the upgraded software.

10.          CONSENT TO USE OF DATA. Upload 2 Facebook.com may collect and use technical information about the software and the hardware devices you use in connection with the software in a manner that does not personally identify you. Upload 2 Facebook.com may use this information to improve our products or to provide customized services or technologies. Upload 2 Facebook.com may also disclose this information to third parties so that they may improve the way their products or services interact with the software.

11.          TERMINATION. To the extent permitted by law, and without prejudice to any other rights, Upload 2 Facebook.com may terminate your license if you materially breach these terms and conditions.

12.         

13.          LIMITATION ON AND EXCLUSION OF DAMAGES. Except for liability for death or personal injury caused by Upload 2 Facebook.com’s negligence or fraud, or other liability that cannot lawfully be excluded or restricted, you may recover from Upload 2 Facebook.com and its suppliers only direct damages up to the amount you paid for the software. You cannot recover lost profits, data loss, business damage, damages that are not reasonably foreseeable, or any other loss or damages including consequential, special, indirect or incidental damages.

This limitation applies to:

·               the software and anything related to it;

·               services provided in connection with the software;

·               hardware provided with the software;

·               third party content, including programs and information; and

·               claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

It also applies even if:

·               repair, replacement or a refund for the software does not fully compensate you for any losses; or

·               Upload 2 Facebook.com knew or should have known about the possibility of the damages.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation or exclusion may not apply to you. The limitation or exclusion also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.

14.         

15.          GOVERNING LAW.

15.1.     

15.2.     

15.3.      Legal effect. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the reseller from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.

16.          ENTIRE AGREEMENT. This agreement (including the warranty below), and any additional terms provided with supplements, updates, Internet-based services and support services that you use or purchase, are the entire agreement for the software and related services.

17.          SEVERABILITY. If any provision of this agreement is legally invalid, the agreement shall endure except for the invalid provision. However, if a court determines that any provision is invalid, the court may limit the provision, delete specific words or phrases, or replace the invalid provision with a provision that is valid and that comes closest to expressing the intent of the invalid provision.

18.          ADDITIONAL NOTICES.

18.1.      Java Software. Java technology may be included with the software. Sun Microsystems, Inc. requires the following notice. For purposes of this notice, the “Software” refers to Sun’s Java software, and the “license” refers to your license from Sun Microsystems, Inc.

1.            Java Technology Restrictions. Licensee shall not create, modify, change the behavior of, or authorize licensees of Licensee to create, modify, or change the behavior of, classes, interfaces, or subpackages that are in any way identified as “java”, “javax”, “sun” or similar convention as specified by Sun in any naming convention designation. In the event that Licensee creates an additional API(s) which: (a) extends the functionality of a Java Environment; and (b) is exposed to third party software developers for the purpose of developing additional software which invokes such additional API, Licensee must promptly publish broadly an accurate specification for such API for free use by all developers.

2.            Trademarks and Logos. This License does not authorize an end user licensee to use any Sun Microsystems, Inc. name, trademark, service mark, logo or icon. The end user licensee acknowledges that Sun owns the Java trademark and all Java-related trademarks, logos and icons including the Coffee Cup and Duke (“Java Marks”) and agrees to: (a) comply with the Java Trademark Guidelines at http://java.sun.com/trademarks.html; (b) not do anything harmful to or inconsistent with Sun’s rights in the Java Marks; and (c) assist Sun in protecting those rights, including assigning to Sun any rights acquired by Licensee in any Java Mark.

3.            Source Code. Software may contain source code that, unless expressly licensed for other purposes, is provided solely for reference purposes pursuant to the terms of your license. Source code may not be redistributed unless expressly provided for in the terms of your license.

4.            Third Party Code. Additional copyright notices and license terms applicable to portions of the Software are set forth in the THIRDPARTYLICENSEREADME.txt file.

18.2.      MPEG-2. MPEG-2 technology may be included with the software. MPEG LA, L.L.C. requires this notice:

ANY USE OF THIS PRODUCT OTHER THAN CONSUMER PERSONAL USE IN ANY MANNER THAT COMPLIES WITH THE MPEG-2 STANDARD FOR ENCODING VIDEO INFORMATION FOR PACKAGED MEDIA IS EXPRESSLY PROHIBITED WITHOUT A LICENSE UNDER APPLICABLE PATENTS IN THE MPEG-2 PATENT PORTFOLIO, WHICH LICENSE IS AVAILABLE FROM MPEG LA, L.L.C., 250 STEELE STREET, SUITE 300, DENVER, COLORADO 80206.

18.3.      MPEG-4. MPEG-4 technology may be included with the software. MPEG LA, L.L.C. requires this notice:

THIS PRODUCT IS LICENSED UNDER THE MPEG-4 VISUAL PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER FOR (i) ENCODING VIDEO IN COMPLIANCE WITH THE MPEG-4 VISUAL STANDARD (“MPEG-4 VIDEO”) AND/OR (ii) DECODING MPEG-4 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED BY MPEG LA TO PROVIDE MPEG-4 VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION INCLUDING THAT RELATING TO PROMOTIONAL, INTERNAL AND COMMERCIAL USES AND LICENSING MAY BE OBTAINED FROM MPEG LA, LLC. SEE HTTP://WWW.MPEGLA.COM. THIS PRODUCT IS LICENSED UNDER THE MPEG-4 SYSTEMS PATENT PORTFOLIO LICENSE FOR ENCODING IN COMPLIANCE WITH THE MPEG-4 SYSTEMS STANDARD, EXCEPT THAT AN ADDITIONAL LICENSE AND PAYMENT OF ROYALTIES ARE NECESSARY FOR ENCODING IN CONNECTION WITH (i) DATA STORED OR REPLICATED IN PHYSICAL MEDIA WHICH IS PAID FOR ON A TITLE BY TITLE BASIS AND/OR (ii) DATA WHICH IS PAID FOR ON A TITLE BY TITLE BASIS AND IS TRANSMITTED TO AN END USER FOR PERMANENT STORAGE AND/OR USE, SUCH ADDITIONAL LICENSE MAY BE OBTAINED FROM MPEG LA, LLC. SEE HTTP://WWW.MPEGLA.COM FOR ADDITIONAL DETAILS.

18.4.      H.264/AVC. H.264/AVC technology may be included with the software. MPEG LA, L.L.C. requires this notice:

THE AVC FUNCTIONALITY IN THIS PRODUCT IS LICENSED HEREIN ONLY FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR AVC VIDEO THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C. SEE <HTTP://WWW.MPEGLA.COM>.

18.5.      Microsoft Windows for Embedded Systems. Microsoft Windows for Embedded Systems may be included with the software. If so, Microsoft requires that you not access or use desktop functions of the operating system (such as email, word processing, spreadsheets, database, network/Internet browsing, scheduling, and personal finance) other than through, in support of and operating as a part of, the Upload 2 Facebook.com software.

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LIMITED WARRANTY

A.            LIMITED WARRANTY. If you follow the instructions, use the software only with qualified or certified third-party products, install any updates made available to you by Upload 2 Facebook.com, and the software is properly licensed, the software will perform substantially as described in Upload 2 Facebook.com’s software documentation.

B.            TERM OF WARRANTY.

(i)            Minimum term. The limited warranty covers the software for 90 days after acquired by the first user. The laws of your country or state may require a warranty term longer than 90 days, in which case Upload 2 Facebook.com will provide the minimum warranty term required by applicable law.

(ii)           Updates. If you receive supplements, updates, or replacement software during the term of the limited warranty, they will be covered for the remainder of the term.

C.            GEOGRAPHIC SCOPE. This limited warranty applies to products purchased anywhere in the world.

D.            LENGTH OF ANY IMPLIED WARRANTIES. To the extent permitted by law, any implied warranties, guarantees, terms or conditions last only during the term of the limited warranty. Some states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you. They also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee, term or condition lasts.

E.            WARRANTY RECIPIENT. If the first user transfers the software as permitted by this agreement, the remainder of the warranty term will apply to the recipient.

F.            EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Upload 2 Facebook.com’s reasonable control. This warranty also does not cover software that has been modified by anyone other than Upload 2 Facebook.com or an authorized Upload 2 Facebook.com reseller or service provider.

G.           REMEDY FOR BREACH OF WARRANTY. Upload 2 Facebook.com will repair or replace software that is returned to Upload 2 Facebook.com within the warranty term at no charge. If Upload 2 Facebook.com cannot repair or replace it, Upload 2 Facebook.com will refund the amount shown on your receipt for the software. You must uninstall the software and return any media and other associated materials to Upload 2 Facebook.com with proof of purchase to obtain a refund. If you purchased the software as part of a system bundled with hardware, you must return the full system to obtain a full refund. These are your only remedies for breach of the limited warranty.

H.            CONSUMER RIGHTS NOT AFFECTED. You may have additional consumer rights under your local laws, which this agreement cannot change. For example, consumers in the European Union may be entitled to a limited warranty term of two years. For more information about your rights, please contact your local authority, trading standards department, citizen’s advice bureau or local equivalent.

I.             NO OTHER WARRANTIES. The limited warranty is your only warranty from Upload 2 Facebook.com. To the extent permitted by law, Upload 2 Facebook.com and its suppliers give no other express warranties, guarantees, terms or conditions, including warranties that the software is error-free, fault-tolerant, or uninterruptable. Where allowed by your local laws, Upload 2 Facebook.com excludes implied warranties, terms and conditions of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. If your local laws give you any implied warranties, guarantees or conditions, despite this exclusion, your remedies are described in section G (Remedy for Breach of Warranty) above, to the extent permitted by your local laws.

J.             LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. Section 13 (Limitation on and Exclusion of Damages) applies to breaches of this limited warranty.

K.            LEGAL EFFECT. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. You may also have other rights which vary from country to country.

L.             EXCLUDED PRODUCTS. Upload 2 Facebook.com gives no warranty for third party software or software provided by Upload 2 Facebook.com free of charge, including software designated as “limited release,” “pre-release,” “loan,” “beta,” or “test.” This software is provided “AS IS” and with all faults.

M.          WARRANTY PROCEDURES. For information regarding your warranty, please visit www.Upload2Facebook.com <http://www.Upload2Facebook.com> or contact Upload 2 Facebook.com or your local Upload2Facebook.com sales representative or authorized reseller.