Movavi Software End User License Agreement (Educational License)
Last updated: September 19, 2022.
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU (THE “LICENSEE” OR “YOU”) AND THE LICENSOR – MOVAVI SOFTWARE LIMITED (“MOVAVI”), PROVIDED THAT YOU ARE AN ACADEMIC AND/OR EDUCATIONAL AND/OR RESEARCH INSTITUTION OR AN INDIVIDUAL WORKING FOR SUCH INSTITUTION OR STUDYING IN SUCH INSTITUTION AND YOU PURCHASE THE SOFTWARE FOR YOUR PERSONAL EDUCATIONAL PURPOSES ONLY. USE OF CONTENT AND SERVICES PROVIDED UNDER THE TERMS OF THIS EULA (THE “SOFTWARE”) CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL AND/OR USE THIS SOFTWARE. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA.
Movavi offers special pricing to educational institutions, for educational purposes only and not for commercial purposes. Hence, the user of this license must be an employee or authorized representative of an educational institution or a student or trainee at an educational institution. Otherwise, the user must obtain a commercial license from Movavi. If you are unsure as to whether you meet the requirements for purchasing an educational license for Movavi products, please email us at firstname.lastname@example.org. Our managers will help you choose the appropriate purchase option. Please bear in mind that we may ask you to provide confirmation of your eligibility to purchase an educational license.
To qualify for educational pricing, you must complete and submit the form at https://edu.movavi.com/.
1. LICENSE GRANT
In accordance with the terms of this EULA, Movavi grants you a limited, worldwide, non-exclusive, non-transferable right to use the Software. “Use” means storing, loading, installing, executing, or displaying the Software exclusively for educational purposes, without rights of commercial replication and/or distribution, either in full or as part of the derived software, to any third parties. You may not modify the Software or disable any licensing or control features of the Software except as an intended part of the Software programming features. Except for the Free License, for the rights granted to the Licensee the Licensee is bound to pay to Movavi the applicable license fee.
This EULA remains in effect in perpetuity in consideration of the appropriate restrictions and in accordance with applicable laws and regulations, with the exception of cases in which you purchase the Software on a subscription basis. Please see subscription terms below.
SUBSCRIPTION TERMS. When you purchase a Movavi Software license on a subscription basis, you acknowledge and agree that you are authorizing recurring payments to be made to Movavi, and those payments shall be made by the method you have chosen at the recurring intervals chosen by you until the subscription is terminated by you or by Movavi in accordance with this EULA. You will receive notice prior to each payment date, and, unless you terminate your subscription, it will be automatically renewed. Movavi will automatically charge you the then-current rate for your subscription plan, plus applicable taxes, for every billing period of your purchase order. Subscription fees are generally billed or charged in advance of the applicable subscription period. Movavi may change your plan’s rate each renewal term, and we will notify you of any rate change in advance and provide an option to cancel.
If your account has insufficient funds on the date the payment is due, your subscription will be canceled on the next day after the last day of the previous paid period.
You should routinely check the information about the pre-paid license period or pre-paid access to the online services period, the prices, and other terms and conditions, as well as the current EULA and other documents related to Movavi Software and services amendments.
PERSONAL EDUCATIONAL LICENSE. Unless otherwise provided for in your purchase agreement, this type of license permits the Software to be installed and used on one individual user account or one computer, workstation, or another digital electronic device that conforms to the system requirements of the Software as specified in the documentation. Therefore, the Software is licensed on a per-computer basis, not per user, site, or company. For example, if a person uses two computers, to install and use the Software on every computer the person must purchase two licenses. This license is intended for individuals working for or studying in an academic and/or education and/or research institution in the areas of general, secondary, higher, or further education.
EDUCATIONAL LICENSE FOR ORGANIZATIONS. This type of license is intended for use by an academic and/or educational and/or research institution in the areas of general, secondary, higher, or further education and provides the right to install and use the Software for the purpose of supporting the Licensee’s educational activities. This license is non-exclusive and is not transferable to any other organization or affiliate and, unless otherwise provided for, permits software operation on one computer.
If you represent a group of companies, an affiliated entity, a member firm, or any third party and you would like to purchase a license for this third party, please contact us at email@example.com to purchase the license on individually agreed terms.
Movavi may also consider the provision of educational licenses to non-educational institutions as long as those institutions carry out educational activities. For more information, please email us at firstname.lastname@example.org.
REFUND. Except as expressly provided in the Refund Policy, license fees are non-refundable.
USER ACCOUNT. To use the Software, you may be required to create a user account. This user account stores information about the products you have purchased, the subscription terms, your software activation codes and other information about the products. If you create an account linked to an email provided by an organization (your educational institution), it is considered to be your work or academic account.
If the work or academic account contains personal data of employees of the educational institution or other persons, you warrant that you have obtained permission from those persons for you to use their personal information.
In registering your user account, you are responsible for the completeness and accuracy of the information provided therein. You are also solely responsible for all activities that occur under your account, including liability for losses incurred by Movavi or third parties as a result of using your account, regardless of whether the account was used with your knowledge.
In the event of unauthorized use of your account, you agree to notify Movavi immediately.
You may not use someone else's user account.
In some cases, it is not possible to access the full (non-trial) version of the Software without registering a user account.
You have the right to delete your user account at any time, but in doing so you will lose access to the Software, which requires a user account to be used. You are given 30 calendar days, during which time you may change your decision. After 30 calendar days, all information in your user account will be permanently deleted.
2. FREE (TRIAL) VERSION
You may be granted the use of an evaluation copy of the Software free of charge for a finite period of time (“Free License” or “Free Copy”). Certain features and/or functionality in the Software may be locked or unavailable in the Free Copy. In addition, a watermark is laid upon videos processed when using the Free Copy of the Software. In order to benefit from all features and functionality of the Software, you must purchase a valid license activation key.
To use the Free Copy, you may also be required to create an account.
You are expected to use the Software on your system and to thoroughly evaluate its usefulness and functionality before making a purchase. This “try before you buy” approach is the ultimate assurance that the Software will perform to your satisfaction.
3. COMMERCIAL USE OF EDUCATIONAL LICENSE
Educational licenses may not be used for commercial purposes except by institutions providing paid educational services. If you are unsure as to whether your services are educational, please contact us at email@example.com.
The Software is owned and copyrighted by Movavi. Your license confers no title or ownership in the Software and should not be construed as a sale of any right in the Software.
The Software and all rights, without limitation, including proprietary rights therein, are owned by Movavi or its suppliers and are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of Movavi and you will not acquire any rights to the Software except as expressly set forth in this license. You agree that any copies of the Software will contain the same proprietary notices which appear on and in the Software.
You agree that you will not: (a) attempt to reverse compile, modify, translate, or disassemble the Software in whole or in part; (b) interfere or attempt to interfere with or disrupt the integrity, security, functionality, or performance of the Software or its components; (c) hack or otherwise attempt to gain unauthorized access to the Software; or (d) use the Software for any purpose or in any manner that is unlawful or is prohibited by this agreement.
7. NO OTHER WARRANTIES
THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. MOVAVI DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
MOVAVI OFFERS NO WARRANTY OF ANY THIRD-PARTY CONTENT, IF THE SOFTWARE CONTAINS SUCH CONTENT. THERE IS NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THIRD-PARTY CONTENT.
The Software automatically references, displays, links to, and provides web services related to sites and information located worldwide on the Internet. Because Movavi has no control over such sites and information, Movavi makes no guarantees as to such sites and information, including, but not limited to: (a) the accuracy, availability, sequence, completeness, currency, content, validity, or quality of any such sites and information, or (b) whether they may contain unintended or objectionable content. By using the Software, you acknowledge that Movavi makes no representations or warranties with regard to any sites or information displayed by or accessed through the Software.
The Software may contain advertising information from Movavi or its partners.
8. THIRD-PARTY ACKNOWLEDGMENTS
ADDITIONAL ACTIVATIONS. Some Software requires additional activation of components, such as codecs, for instance, to be able to use specific formats. Sometimes a free one-off activation is necessary for certain special program functions (e.g., encoder). When you register your product, this activation will happen automatically; only an Internet connection is required.
Portions of the Software may utilize or include third party software and other copyrighted material. The use of such material is governed by their respective terms. Certain software libraries and other third party software included with the Software are free software and licensed under the terms of the GNU Library Lesser General Public License (LGPL). You may obtain a complete machine-readable copy of the source code for such free software under the terms of the LGPL without charge except for the cost of media, shipping and handling, upon written request to Movavi. The LGPL software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS OF PURPOSE.
MPEG-2 Notice. To the extent that the Software contains the MPEG-2 functionality, the following provision applies: ANY USE OF THE 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.
Use of MPEG-4. To the extent that the Software contains the MPEG-4 functionality, the following provision applies: THIS PRODUCT IS LICENSED UNDER THE MPEG-4 VISUAL PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NONCOMMERCIAL 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 NONCOMMERCIAL 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, L.L.C. SEE HTTP://WWW.MPEGLA.COM.
H.264/AVC Notice. To the extent that the Software contains the AVC encoding and/or decoding functionality, commercial use of H.264/AVC requires additional licensing and the following provision applies: THE AVC FUNCTIONALITY IN THIS PRODUCT IS LICENSED HEREIN ONLY FOR THE PERSONAL AND NONCOMMERCIAL 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 NONCOMMERCIAL 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.
AMR Notice. To the extent that the Software contains the AMR encoding and decoding functionality, the following provision applies: The Adaptive Multi-Rate (“AMR”) encoding and decoding functionality in this product is not licensed to perform cellular voice calls, or for use in any telephony products built on the QuickTime architecture for the Windows platform. The AMR encoding and decoding functionality in this product is also not licensed for use in a cellular communications infrastructure, including: base stations, base station controllers / radio network controllers, switching centers, and gateways to and from the public switched network.
MP3 Notice. The MPEG Layer-3 audio-coding technology is licensed from Fraunhofer IIS and Thomson Licensing.
Supply of this product does not convey a license nor imply any right to distribute MPEG Layer-3 compliant content created with this product in revenue-generating broadcast systems (terrestrial, satellite, cable, and/or other distribution channels), streaming applications (via Internet, intranets, and/or other networks), other content distribution systems (pay-audio or audio-on-demand applications and the like), or on physical media (compact discs, digital versatile discs, semiconductor chips, hard drives, memory cards, and the like). An independent license for such use is required. For details, please visit http://mp3licensing.com.
“FREE LIMITED SOFTWARE CODECS” means LICENSED SOFTWARE CODECS which: (i) have the limitation that the MP3 FUNCTIONALITY to encode audio data files ceases (a) after processing a maximum of 20 (twenty) audio data files or (b) after a maximum of 30 (thirty) days after installation; and (ii) are distributed, free of charge to end users, to promote LICENSED SOFTWARE CODECS that are not FREE LIMITED SOFTWARE CODECS.
No royalty shall be due for the use of FREE LIMITED SOFTWARE CODECS, provided that the LICENSEE, the LICENSEE'S AFFILIATES, and/or any third party authorized by the LICENSEE and/or the LICENSEE'S AFFILIATES will use commercially reasonable efforts to encourage users of FREE LIMITED SOFTWARE CODECS to upgrade to LICENSED SOFTWARE CODECS that are not FREE LIMITED SOFTWARE CODECS.
FFmpeg Notice. The Software utilizes the FFmpeg video application and its included libraries. FFmpeg is a trademark of Fabrice Bellard, the originator of the FFmpeg project (http://www.ffmpeg.org). FFmpeg is licensed under the GNU Lesser General Public License Version 2.1 (“LGPL”), Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA, and may be distributed and/or modified under the terms of such license.
Qt® Notice. The Software uses Qt Toolkit and its included libraries under the terms of GNU Lesser General Public License 2.1. Qt is a registered trademark of Digia PLC and/or its subsidiaries and is used pursuant to a license from Digia PLC and/or its subsidiaries. See http://qt-project.org/ for additional details.
Google-Glog Notice. The Software uses the glog library and its components under the terms of the Modified 3-Clause BSD License. Copyright© 2008, Google, Inc. The full text of the BSD license can be found at http://opensource.org/licenses/BSD-3-Clause.
Boost Notice. The Software uses Boost software libraries under the terms of the Boost 1.0 License. Copyright Beman Dawes, David Abrahams, 1998–2005, Rene Rivera 2004–2007. The full text of the license can be found at http://www.boost.org/LICENSE_1_0.txt.
ACE Notice. Some Software, e.g., Movavi Screen Recorder for Mac and Movavi Video Suite for Mac, uses Rogue Amoeba Software's ACE to capture audio under a licensing agreement that is available at https://rogueamoeba.com/licensing/.
10. MOVAVI SUPPORT CENTER AND CONTENT
MOVAVI SUPPORT CENTER. We are available to help you in any way we can to make your Software experience the best. Should you need assistance or if you are unable to find an answer to your question, please feel free to contact our Support Team at Movavi Support Center.
To respond to your queries, Movavi may from time to time ask you to provide your user data and experience, which will be used to assess Software usability and thereby improve and enhance products and services. The primary purpose of collecting personal and other user information in these cases is to provide you with secure, smooth, efficient, and customized maintenance services. For example, Movavi may collect and use personal data related to you, as permitted or necessary to: provide technical support, customer support and troubleshoot problems; inform you about service updates and issues; verify your identity; protect your and Movavi’s interests. Such data may include the following: your full name (company name), email address, and phone number. Additionally, our Support Team may request the special log files that include program error messages, the version of theMovavi program in question and its activation status, and the technical specifications of your computer. This information is required to provide the necessary technical support and continue our research and development process.
CONTENT. You agree and acknowledge that any information, data, text, photos, videos, or other materials (hereinafter referred to as the “Content”), whether publicly or privately provided to Movavi, shall be the sole responsibility of the person from whom such Content has been obtained. This means that you shall be solely responsible for all Content uploaded, posted, provided, or otherwise transmitted by you via the Movavi websites or products and file-sharing or file-hosting services and for the validity, legitimacy, completeness, applicability, and copyright compliance of that Content. Movavi shall not control any user Content. By posting, uploading, providing, or otherwise transmitting your Content to or through Movavi websites or products, you grant Movavi a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, host, store, archive, copy, modify, cache, encode, reproduce, distribute, transmit, synchronize, display, create derivative works from, and publicly perform such Content in connection with the performance of this EULA.
11. UPGRADE AND UPDATE
11.1. “Software Upgrade” (also known as a “Major Upgrade”) is a newer or improved version of the Software that offers a significant change or major improvement over your current version. These versions may be provided for a charge.
11.2. “Software Update” (also known as a “Minor Update”) is a download of the Software that provides fixes for discovered bugs and malfunctions and/or provides minor software improvements. These versions are provided by Movavi within the period a particular version of the Software is being developed.
11.3. Movavi does not guarantee the provision of updates for versions of the Software developed earlier and does not guarantee the operability and compatibility of the earlier purchased Software on devices, operating systems, and browsers that were released after the purchase of the Software. However, Movavi continues to provide technical support (consultations and other help) in relation to the earlier purchased programs in accordance with the original system requirements.
Before using any Upgrade or Update to earlier purchased Software, you shall ensure that the upgraded or updated Software can be used on a particular device in accordance with the system requirements of the upgraded or updated program.
Any Upgrades or Updates are provided by Movavi at its sole discretion without liabilities of any kind.
In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.
13. NO LIABILITY FOR CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL MOVAVI, ITS AFFILIATES, OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF MOVAVI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MOVAVI's LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
You will indemnify, defend, and hold Movavi, its affiliates, directors, officers, and employees harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an “Action”) brought against Movavi (and Movavi's directors, officers, employees, and affiliates) by a third party to the extent that such Action is based upon or arises out of (a) the use of the Сontent or data you provided to Movavi; (b) your noncompliance with or breach of this agreement; (c) your use of the Software; or (d) your violation of applicable law or any third-party right, including, without limitation, any privacy, intellectual property, or another proprietary right. This indemnification obligation will survive termination of this agreement. You may in no event enter into any settlement or like agreement with a third party that affects Movavi’s rights or binds Movavi in any way, without the prior written consent of Movavi. Movavi reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Movavi in asserting any available defenses.
15.1. Without prejudice to any of its rights, Movavi may at any time terminate this EULA of its own accord, including, but not limited to, if it is obligated to do so in accordance with applicable law, the requirement of a government body or another authorized person, or if Movavi decides to terminate the provision of the Software in your area.
15.2. If Movavi terminates this EULA of its own accord, it will use reasonable efforts to notify you through your personal account or via the email address you provided no later than 30 calendar days prior to the termination date.
If we are able, we will also offer to replace your Software with other products with similar functionality provided by Movavi.
If it is not possible to allow you to complete any prepaid period of use, we will arrange a refund in accordance with our Refund Policy.
The above statements regarding notification, replacement, and refund do not apply to any Software provided by Movavi free of charge.
15.3. Notwithstanding the foregoing, Movavi may terminate this EULA at any time if you fail to comply with its terms and restrictions, without observing the notice periods, replacement and refund terms specified in clause 15.2.
15.4. You may stop using the Software at any time for any reason upon written notice to Movavi. Except as otherwise set forth in the Refund Policy, termination does not entitle you to a refund of any prepaid or unused fees and you agree to promptly pay all unpaid fees due through the end of the applicable license period.
16. GENERAL PROVISION
16.1. This is the entire agreement between you and Movavi, which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this EULA. If any part of this EULA is found to be void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms.
16.2. Movavi may provide translations of the EULA or other Movavi terms or policies. Translations are provided for informational purposes and if there is an inconsistency or conflict between a translation and the English version, the English version will control.
16.3. Movavi reserves the right to make amendments to this EULA. These amendments will take effect immediately after they are posted on the Movavi website. Movavi also has the right to upgrade, update, modify, or discontinue the Software (including any part or function thereof) at any time at its sole discretion. If we discontinue the Software in its entirety, we will use reasonable efforts to notify you in accordance with clause 15.2, and, according to your written request, we may check your eligibility to receive a refund and may provide you with a pro rata refund for any unused fees for the Software that you prepaid.
16.4. This EULA and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed exclusively in accordance with the laws of the Republic of Cyprus.
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