YTD Video Downloader PRO

SOFTWARE LICENSE AGREEMENT

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING OR USING THE YTD Video Downloader SOFTWARE OR THE ACCOMPANYING DOCUMENTATION (COLLECTIVELY, THE “SOFTWARE”).  THE TERMS AND CONDITIONS OF THIS YTD Video Downloader SOFTWARE LICENSE AGREEMENT (“AGREEMENT”) GOVERN USE OF THE SOFTWARE.

GreenTree Applications SRL (“Company”) is willing to license the Software to you  solely upon the condition that you agree to all the terms and conditions included  within this Agreement.  By clicking on the “Next” button in the application or by installing or using the Software, you indicate that you understand this Agreement and accept all of its terms.  If you are accepting the terms of this Agreement on behalf of a company or other legal entity, you represent and warrant that you have  the authority to bind that company or other legal entity to the terms of this Agreement, and, in such event, “you” and “your” will refer to that company or other legal entity.  If you do not accept all the terms of this Agreement, then Company is unwilling to license the Software to you and you must destroy all copies of the Software.  If you have paid for a license to the “Pro” version of Software, but have not yet installed or used the Software, you may return your purchase for a full refund. Your right to return the Software for a full refund expires 30 days after the date of purchase.

1. Grant of License.  Conditioned upon your compliance with the terms and conditions of this Agreement, Company grants you a non-exclusive and non-transferable license for a single user to load, install, and run the Software in executable form (to “Execute” the Software) on a single computer, solely for your personal purposes. You may make a single copy of the Software for backup purposes; provided that the backup copy reproduces the copyright and other proprietary notices included on the original copy of the Software.  Company reserves all rights in the Software not expressly granted to you in this Agreement.  

2. Restrictions.  Except as expressly specified in this Agreement, you may not: (a) copy (except in the course of loading or installing) or modify the Software, including but not limited to adding new features or otherwise making adaptations that alter the functioning of the Software; (b) transfer, sublicense, lease, lend, rent, or otherwise distribute the Software to any third party; or (c)  make the functionality of the Software available to multiple users through any means, including but not limited to by uploading the Software to a network or file-sharing service or through any hosting, application services provider, service bureau, software-as-a-service (SaaS) or any other type of services.  You acknowledge and agree that portions of the Software, including but not limited  to the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Company and its licensors.  Accordingly, you agree not to disassemble, decompile, or reverse engineer the Software, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.  The conditions of this Section 2 are not intended to prevent you from modifying and recombining software libraries included  in the Software and licensed under the terms of the GNU Library Public License or GNU Lesser Public License.  Free and open source software packages included within the Software (“Open Source”), and the licenses covering those software packages, are identified in Appendix A to this Agreement, entitled “Open Source Software.”

3. Ownership.  The copy of the Software provided to you by Company is licensed to you, not sold.  You may own the media on which the Software is installed, but Company retains ownership of the copy of the Software itself, including all intellectual property rights therein.  The Software is protected by United States copyright law and international treaties.  You will not delete  or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Software as delivered to you.

4. Term.  The license granted under this Agreement remains in effect for a period of 75 years unless earlier terminated in accordance with this Agreement.  You may terminate the license at any time by destroying all copies of the Software  in your possession or control.  The license granted under this Agreement will automatically terminate, with or without notice from Company, if you breach any term or condition of this Agreement.  Upon termination, you must promptly destroy all copies of the Software in your possession or control.

5. No Warranty.  THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND.  COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. 

6. Limitation of Liability.  COMPANY’S TOTAL LIABILITY TO YOU FROM ALL CAUSES  OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNTS PAID  TO COMPANY BY YOU FOR THE SOFTWARE OR, IN THE EVENT THAT COMPANY HAS MADE THE SOFTWARE AVAILABLE TO YOU WITHOUT CHARGE, COMPANY’S TOTAL LIABILITY WILL BE LIMITED TO $20.  IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA,  BUSINESS, PROFITS OR ABILITY TO EXECUTE) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE EXECUTION OR PERFORMANCE OF THE SOFTWARE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.  THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

7. U.S. Government End Users.  The Software and accompanying documentation are “commercial items” as that term is defined in FAR 2.101, consisting of “commercial computer software” and “commercial computer software documentation, ” respectively, as such terms are used in FAR 12.212 and DFARS 227.7202.  If the Software and Documentation are being acquired by or on behalf of the U.S. Government, then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Government’s rights in the Software and Documentation will be only those specified in this Agreement.

8. Export Law.  You agree to comply fully with all U.S. export laws and regulations to ensure that neither the Software nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.

9. Third Party Copyrighted Materials.  You acknowledge that the ability to download, convert, or otherwise use copyrighted materials with the Software does  not indicate or imply a right to such use of the copyrighted materials.  You represent and warrant that you will obtain all permission necessary for the use of copyrighted materials with the Software prior to using such copyrighted materials with the Software.  The license and permissions granted to you under this Agreement will automatically terminate, with or without notice from Company, if you use the Software in violation of this Section 10.  You agree to defend, indemnify, and hold harmless the Company against any suit or proceeding brought against the Company by a third party to the extent that suit or proceeding is based in part on a claim that you have violated an intellectual property right of a third party.

10. Non-Contravention.  You represent and warrant that you will not use the Software in a manner that materially violates any agreement you have with a third  party.  The license and permissions granted to you under this Agreement will automatically terminate, with or without notice from the Company, if your use of the Software materially violates such an agreement.  You agree to defend, indemnify, and hold harmless the Company against any suit or proceeding brought against the Company by a third party to the extent that suit or proceeding is based in part on a claim that your use of the Software violated the terms or conditions of an agreement with that third party. 

11. General.  This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to or application of conflict of laws rules or principles.  The United Nations Convention on Contracts  for the International Sale of Goods will not apply.  You may not assign or transfer this Agreement or any rights granted hereunder, by operation of law or otherwise, without Company’s prior written consent, and any attempt by you to do so, without such consent, will be void.  Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.  All notices or approvals required or permitted under this Agreement will be in writing and delivered by confirmed facsimile transmission, by overnight  delivery service, or by certified mail, and in each instance will be deemed given  upon receipt.  All notices or approvals will be sent to the addresses set forth in the applicable ordering document or invoice or to such other address as may be specified by either party to the other in accordance with this section.  The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by authorized representatives of both parties.  If any provision of this Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible and the other provisions will remain in full force and effect.  This Agreement is the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications  between the parties, oral or written, regarding its subject matter, unless you and Company have executed a separate agreement.  Any terms or conditions contained  in your purchase order or other ordering document that are inconsistent with or in addition to the terms and conditions of this Agreement are hereby rejected by Company and will be deemed null.

12. Contact Information.  If you have any questions regarding this Agreement,  you may contact Company at http://www.youtubedownloadersite.com/contact_us.html.  IF YOU AGREE TO THE FOREGOING TERMS AND CONDITIONS AND DESIRE TO COMPLETE INSTALLATION OF THE SOFTWARE, PLEASE CLICK THE “NEXT” BUTTON IN THE APPLICATION.  OTHERWISE, PLEASE CLICK THE “CANCEL”  BUTTON AND THE INSTALLATION PROCESS WILL STOP.
 
Appendix I: Open Source Software

This software uses FFmpeg, Copyright © 2000-2011 the FFmpeg developers. The FFmpeg  project can be found at http://ffmpeg.org. FFmpeg is licensed under the GNU Lesser General Public License 3.0 (LGPLv3) and its source can be downloaded from http://www.youtubedownloadersite.com/src/ffmpeg-20130206.zip.  FFmpeg uses the LAME mp3 library, created and owned by the LAME developers.  The LAME project can be found at http://lame.sourceforge.net.  LAME is licensed under the GNU Library General Public License 2.0 (LGPLv2.0) and its source code can be downloaded from http://www.youtubedownloadersite.com/src/lame-3.99.5.zip.  FFmpeg also uses the  opencore-amr library, created and owned by the opencore-amr developers.  The opencore-amr project can be found at http://opencore-amr.sourceforge.net.  opencore-amr is licensed under the Apache License 2.0 and its source code can be downloaded at http://www.youtubedownloadersite.com/src/opencore-amr-0.1.3.zip.

This software uses librtmp version 2.3 licensed under the GNU Lesser General Public License 2.1 and its source can be downloaded from http://www.youtubedownloadersite.com/src/librtmp-2.3.zip.

This software uses openssl. OpenSSL is based on the excellent SSLeay library developed by Eric A. Young and Tim J. Hudson. The OpenSSL toolkit is licensed under an Apache-style licence which basically means that you are free to get and use it for commercial and non-commercial purposes. Its source can be downloaded from http://www.youtubedownloadersite.com/src/openssl-1.0.0d.zip.

This software uses VLC media player version 2.1 licensed under the GNU Lesser General Public License 2.1 and its source cand be downloaded from http://www.youtubedownloadersite.com/src/vlc-2.1.0-20130213.zip.

All copyrights for FFmpeg, LAME, opencore-amr, and VLC media player are exclusively owned by their authors. All copyrights for YTD Video Downloader are exclusively owned by GreenTree Applications SRL. GreenTree Applications SRL does not claim any ownership of FFmpeg, LAME,  opencore-amr or VLC media player.