The following section is a summary and not a substitute for the full license, which is detailed below this section.
--You are free to:--
Download, activate and use the Software on three computers for your personal use (if you are a consumer) or for commercial purposes (if you are a business).
--Under the following terms:--
You will receive 12 months of updates once the Software has been activated.
Customer Support is offered for a period of 1 year after activation 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.
--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.
Full licence details
IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE DOWNLOADING AND/OR INSTALLING THE HITFILM PRO 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 PRO computer software and the associated media (Software).
We licence use of the Software to you on the basis of this Licence. We do not sell the Software to you. 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://fxhome.com/hitfilm-pro/requirements
IMPORTANT NOTICE TO ALL USERS:
FOR USERS PURCHASING THE SOFTWARE VIA DOWNLOAD
IF YOU ARE DOWNLOADING THE SOFTWARE FROM THIS WEBSITE 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 PURCHASED THE SOFTWARE FROM US DIRECTLY YOU MUST CONTACT CUSTOMER SUPPORT WITHIN 14 DAYS OF PURCHASE TO OBTAIN A REFUND.
IF YOU PURCHASED THE SOFTWARE FROM A THIRD PARTY RETAILER PLEASE CONTACT THE RETAILER DIRECTLY.
FOR USERS PURCHASING THE SOFTWARE VIA DISK
IF YOU HAVE PURCHASED THE SOFTWARE ON DISK BY INSTALLING 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 DISCONTINUE THE INSTALLATION PROCESS.
IF YOU PURCHASED THE SOFTWARE FROM US DIRECTLY YOU MUST CONTACT CUSTOMER SUPPORT WITHIN 14 DAYS OF PURCHASE AND RETURN THE DISK ON WHICH THE SOFTWARE IS STORED TO US TO OBTAIN A REFUND.
IF YOU PURCHASED THE SOFTWARE FROM A THIRD PARTY RETAILER PLEASE CONTACT THE RETAILER DIRECTLY.
You should print a copy of this Licence for future reference.
1. Grant and scope of licence
1.1 In consideration of payment by you of the agreed purchase price and you agreeing to abide by the terms of this Licence, we hereby grant to you a non-exclusive licence to use the Software on the terms of this Licence.
1.2 If you have downloaded the demo version of the Software you agree to be bound by and abide by the no terms of this Licence. You acknowledge and agree that in the event that you upgrade to the full version of the Software from the demo version the terms of this Licence shall remain in force in their entirety.
1.3 The licence fee payable by you is inclusive of VAT (where applicable).
1.4 If you have purchased the Educational Edition of the Software you hereby confirm that:
- (a) you are an eligible user of our Educational Edition;
- (b) the proof of your eligibility provided upon purchase was accurate and correct; and
- (c) you will use the Software for educational purposes and you agree not to use the Software for any commercial or business purpose.
1.5 You may:
- (a) download, install and use the Software on three computers for your personal use (if you are a consumer) or for commercial purposes (if you are a business) only;
- (b) in accordance with clause 1.5(a) above, transfer the Software from one computer to another;
- (c) provided you comply with the provisions in condition 2, make up to 1 copy of the Software for back-up purposes only; and
- (d) receive and use any free supplementary software code or updates of the Software incorporating “patches” and corrections of errors as may be provided by us from time to time.
- (e) receive and use any new features supplied by us at our sole discretion for a period of 12 months after activating the software.
2.1 Except as expressly set out in this Licence or as permitted by any local law, you undertake:
- (a) not to copy the Software (other than once for the purpose of back-up or operational security);
- (b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software;
- (c) not to make alterations to, or modifications of, the whole or any part of the Software, nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
- (d) not to transmit the Software over a network, by telephone or electronically using any means;
- (e) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software, attempt to discover the source code of the Software nor attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Software with another software program, and provided that the information obtained by you during such activities:
- (i) is used only for the purpose of achieving inter-operability of the Software with another software program; and
- (ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
- (iii) is not used to create any software which is substantially similar to the Software;
- (f) to keep the Software secure and to supervise and control use of the Software and ensure that the Software is used in accordance with the terms of this License;
- (g) to include our copyright notice on all entire and partial copies you make of the Software on any medium; and
- (h) not to provide or otherwise make available the Software in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us.
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. 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 anywhere in the world belong to us, that rights in the Software are licensed (not sold) 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 License.
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 and Repairs
4.1 We offer the Licensee technical help and assistance through our Customer Support team for a period of 1 year after activation of the Software. 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 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:
- (a) if the defect or fault in the Software results from you having amended the Software; and
- (b) if the defect or fault in the Software results from you having used the Software in contravention of the terms of this License.
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. For the avoidance of doubt, any new features we choose to add to the software during the term of your license will be at our sole discretion.
5.2 We only supply the Software to business customers for commercial 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 License for:
- (a) loss of profits, sales, business, or revenue;
- (b) business interruption;
- (c) loss of anticipated savings;
- (d) loss or corruption of data or information;
- (e) loss of business opportunity, goodwill or reputation; or
- (f) any indirect or consequential loss or damage.
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 on the Software of third parties 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 Other than the losses set out in condition 5.3 (for which we are not liable), our maximum aggregate liability under or in connection with this License whether in contract, tort (including negligence) or otherwise, shall in all circumstances not exceed the purchase price for the Software. This maximum cap does not apply to condition 5.7.
5.7 Nothing in this License shall limit or exclude our liability for:
- (a) death or personal injury resulting from our negligence;
- (b) fraud or fraudulent misrepresentation;
- (c) any other liability that cannot be excluded or limited by English law.
5.8 This License sets out the full extent of our obligations and liabilities in respect of the supply of the Software. Except as expressly stated in this License, 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 License 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 FXHOME upon notice.
6.2 We may terminate this License immediately by written notice to you if you commit a material or persistent breach of this License 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:
- (a) all rights granted to you under this License shall cease;
- (b) you must immediately cease all activities authorised by this License; and
- (c) you must immediately delete or remove the Software 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.
7. Cancellation rights
7.1 You have a right to cancel the contract between us and yourself and request a refund within 14 days of purchase of the Software. If you have purchased the Software from a third party retailer you will need to contact them directly and adhere to the retailer’s own refund policy.
7.2 In order to activate your right of cancellation referred to above you should contact our Customer Support team at www.hitfilm.com or www.fxhome.com.
7.3 If you do decide to cancel the contract as provided for in clause 7.1 above, you hereby agree to delete or remove the Software 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.
7.4 If we request, further to clause 7.3 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.
7.5 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 License requires you to give us notice in writing, you can send this to us by e-mail to FXHOME LIMITED at firstname.lastname@example.org or by pre-paid post to Suite 4 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:
- (a) our obligations under this License will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
- (b) we will use our reasonable endeavours to find a solution by which our obligations under this License may be performed despite the Event Outside Our Control.
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 if we agree in writing.
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 enforce our 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 those.
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
- Internet-based services, and
- support services
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
- work around any technical limitations in the software;
- reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
- make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
- publish the software for others to copy;
- rent, lease or lend the software;
- transfer the software or this agreement to any third party; or
- use the software for commercial software hosting services.
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
- anything related to the software, services, content (including code) on third party Internet sites, or third party programs; 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 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.