Terms and Conditions END USER LICENSE AGREEMENT FOR "ShareMixer XT video sharing script" For One (1) installation and use on One (1) domain name Notice to End User: This End User License Agreement (EULA) is a CONTRACT between you (either an individual or a single entity) and ShareMixer.com , which covers your use of the "ShareMixer XT video sharing script" product that accompanies this EULA and related software components, which may include associated media, printed materials and "online" or electronic documentation. All such software and materials are referred to herein as the "Software Product." A software license, issued to a designated user only by ShareMixer.com or its authorized agents, is required for each user of the Software Product. If you do not agree to the terms of this EULA, then do not install or use the Software Product or the Software Product License. By explicitly accepting this EULA, however, or by installing, copying, downloading, accessing or otherwise using the Software Product and/or Software Product License, you are acknowledging and agreeing to be bound by the following terms: 1. GRANT OF NON-EXCLUSIVE LICENSE (a) Software Product License: The Software Product License, which is issued to a designated user, enables such designated user to use the Software Product on a single computer system (server) and on single domain name. Each user on a multi-user computer system or in multiple domain names who uses the Software Product requires additional Software Product Licenses. You may not modify or create derivative copies of the Software Product License. (b) Grant of License: Subject to a validly issued Software Product License, ShareMixer.com grants to you the non-exclusive, non-transferable right for you to use the Software Product on a single computer (server) and on single domain name running a validly licensed copy of the operating system for which the Software Product was designed. You may not modify or create derivative copies of the Software Product. All rights not expressly granted to you are retained by ShareMixer.com. (c) Backup Copy: Software Product: You may make copies of the Software Product as reasonably necessary for the use authorized above, including as needed for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product. (d) Backup Copy: Software Product License: You may install each Software Product License on a single computer system (server) and on single domain name and make copies of the Software Product License as necessary only for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product License. 2. INTELLECTUAL PROPERTY RIGHTS RESERVED BY ShareMixer.com The Software Product is protected by U.S. and international copyright laws and treaties, as well as other intellectual property laws and treaties. You must not remove or alter any copyright notices on any copies of the Software Product. This Software Product copy is licensed, not sold. Furthermore, this EULA does not grant you any rights in connection with any trademarks or service marks of ShareMixer. ShareMixer.com reserves all intellectual property rights, including copyrights, and trademark rights. 3. NO RIGHT TO TRANSFER You may not rent, lease, lend, or in any way distribute or transfer any rights in this EULA or the Software Product to third parties without ShareMixer.com written approval and subject to written agreement by the recipient of the terms of this EULA. 4. PROHIBITION ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY You may not reverse engineer, decompile, defeat license encryption mechanisms, or disassemble the Software Product or Software Product License except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. 5. SUPPORT SERVICES ShareMixer.com may provide you with support services related to the Software Product. Use of any such support services is governed by the ShareMixer.com polices and programs described in "online" documentation and/or other ShareMixer.com-provided materials. Any supplemental software code or related materials that ShareMixer.com provides to you as part of the support services is to be considered part of the Software Product and is subject to the terms and conditions of this EULA. With respect to any technical information you provide to ShareMixer.com as part of the support services, ShareMixer.com may use such information for its business purposes without restriction, including for product support and development. ShareMixer.com will not use such technical information in a form that personally identifies you. 6. TERMINATION WITHOUT PREJUDICE TO ANY OTHER RIGHTS ShareMixer.com may terminate this EULA if you fail to comply with any term or condition of this EULA. 7. RETURN / REFUND POLICY If you're having trouble with our products, please let us know. If you have questions, email us at info@sharemixer.com -- we're always happy to help! Our official return policy: Software Purchases - Since software deliverables are delivered instantly over the Internet, all sales are final. All of our products have free demo versions (on-line only) -- we offer you these demo versions for you to test the software, in order to see if it meets your needs, prior to purchasing our software. 8. CUSTOMER SERVICE CONTACT, INCLUDING ELECTRONIC MAIL ADDRESSES AND TELEPHONE NUMBER E-Mail - Sales: sales@sharemixer.com E-mail - General Support: info@sharemixer.com Telephone number: +385.01.2910.016 9. ADDRESS OF THE PERMANENT ESTABLISHMENT Nano Promocija d.o.o Mandlova 1 str. Zagreb Croatia PostCode: HR-10000 10. DELIVERY POLICIES Sharemixer.com sells software products and services. All software is delivered digitally. Refer to the download link on your purchase receipt for activation instructions, as well as in the clients area (http://www.sharemixer.com/client). 11. CONSUMER DATA PRIVACY POLICY - Personal Information: Use of certain features of our services may require submission of certain personal information, including your first and last name, e-mail address, home address, phone number, a nick name (or other user ID) and a password. Your personal information collected in the ShareMixer.Com web-site, clients area and Community Forum, including your e-mail address and personal info (name, address, phone, etc) will not be shared with any other third party and will not be used for any other reason, except the ones explicitly defined for the various services (buying our products or services, using the clients portal and the Community Forum, receiving feedback when you contact us using the Contact Form), without your advance permission or unless ordered by a court of law. - Security: We use many measures to protect your personal identification information you may use in the ShareMixer.Com web-site, clients area and Community Forum or its related services. We make sure no one else can have access to your account and your personal info, other than you. However, we are not to be help responsible if this information is exposed to third parties, in case of a malicious user attack (hacking, phreaking, etc) to our server. - Cookies: ShareMixer.com may use cookies or similar Web technologies to enhance and personalize your experience of this website and services, including to operate and improve offerings through our services or the website; to help authenticate your identity when you visit and transact with the services or the website; to remember your preferences and registration information; to present and help measure and research the effectiveness of the various services, advertisements, and to customize the content and advertisements provided to you. Additionally, ShareMixer.com or its advertisers may use other companies, known as "Third Party Ad Servers", to help present advertisements on-line in connection with the services or this web site. These Third Party Ad Servers may use cookies or similar Web technologies, to help present such advertisements and to help measure and research the advertisements' effectiveness. The use of these Web technologies by these Third Party Ad Servers is subject to their own privacy policies, not our own. ShareMixer.com does not require that you accept cookies, and you may disable cookies at any time. However, some functionality of our services or of this web site may be impaired, if you decline to accept cookies. - External Linking: The ShareMixer.Com web-site, clients area and Community Forum may provide links to external sites, offering various services. We are not responsible nor are we liable for the content of such sites, as we do not control this content. - Community Forum: Any information published in our Community Forum is instantly available to the pubic (guests and users of the Forum) and as such, it is considered as "public domain", not protected concernign copyrights or other kind of patented content in your messages in the Community Forum. You should be cautious on the information you leave on the community Forum. We are not responsible for any personal damage or business loss you may suffer, by intentionally or accidentally disclosing personal information in this area of the ShareMixer.Com website or Community Forum. 12. RIGHT TO CHANGE THE PRICING ON PRODUCTS OR RELATED SERVICES AND RIGHT TO DENY SERVICE Sharemixer.com reserves the right to change the prices of the "ShareMixer" software or any related services, at any given time, including but not limited to domain name registration, shared hosting services, leasing of dedicated servers, setting up the required server modules needed for "ShareMixer" to work properly, installation of the "ShareMixer" software on a server, re-branding and customization of the Flash Video player, the "Emergency Suppport" Service, custom design and developent and customers support at the clients area Help Desk. ShareMixer.Com does not have the obligation to inform its customers about these changes and all customers have to accept these changes or opt-out of using the "ShareMixer" software or its related services. ShareMixer.Com also reserves the right to revoke or refuse to sell a licence for the "ShareMixer" software to anyone, witout given reason. 13. NO WARRANTIES YOU ACCEPT THE SOFTWARE PRODUCT AND SOFTWARE PRODUCT LICENSE "AS IS" AND SHAREMIXER.COM (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) MAKE NO WARRANTY AS TO ITS USE, PERFORMANCE, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHAREMIXER.COM (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU. 14. LIMITATION OF LIABILITY THIS LIMITATION OF LIABILITY IS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL SHAREMIXER.COM (OR ITS THIRD PARTY SUPPLIERS AND LICENSORS) BE LIABLE FOR ANY COSTS OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY SPECIAL, INCIDENT AL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THIS EULA OR THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF SHAREMIXER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, SHAREMIXER.COM (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) ENTIRE LIABILITY ARISING OUT OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $5.00 PROVIDED, HOWEVER, THAT IF YOU HAVE ENTERED INTO A SHAREMIXER.COM SUPPORT SERVICES AGREEMENT, SHAREMIXER.COM ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. 15. GOVERNING LAW; ENTIRE AGREEMENT The United Nations Convention for the International Sale of Goods shall not apply. This EULA is the entire agreement between us and supersedes any other communications or advertising with respect to the Software Product; this EULA may be modified only by ShareMixer.com at any given time. 16. CONTACT INFORMATION If you have any questions about this EULA or if you want to contact SHAREMIXER.COM for any reason, please send an e-mail to: info@sharemixer.com.