Movavi Software End User License Agreement

Last updated: July 14, 2023.

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” OR “WE“). USE OF THE SOFTWARE, 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 DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA.

PERSONAL LICENSE. Unless otherwise provided for in your purchase order, this type of license permits software operation 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, per site, or per company. For example, if a person uses 2 computers, to install and use the Software on each computer, the person must purchase 2 licenses. Except for the Free License, for the rights granted to the Licensee, the Licensee is bound to pay to Movavi the applicable license fee. In accordance with the terms of this EULA, Movavi grants you a limited, worldwide, non-exclusive, non-transferable right to use the Software. As part of the personal license, “use” means storing, loading, installing, executing, or displaying the Software exclusively for personal 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. Unless terminated as described herein, the given EULA remains effective in perpetuity and in consideration of appropriate restrictions in accordance with applicable laws and regulations.

BUSINESS LICENSE. This type of license is intended for use by a company or another commercial entity and conveys the rights to install and use the Software for internal corporate, commercial, or business purposes (including internal business purposes such as the preparation of presentations or reports, creation of advertising or marketing materials, preparation or promotion of your products or services and similar internal business purposes).

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.

Versions of the Software intended for private use (personal license) as well as trial versions may not be used for commercial purposes, with only the following exception: use of any version of the Software to make videos for monetization on YouTube or similar services shall not constitute breach of this agreement as long as the description attached to such videos includes a statement to the effect that the video was created using the Software and includes a link to https://www.movavi.com/.

EDUCATIONAL ORGANIZATIONS: Movavi provides special pricing for educational organizations, for educational purposes only and not for commercial purposes. For this reason, users of this license should be employees or representatives of educational organizations or should be a student or a learner at any educational institution.

When you purchase a 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.

Except as expressly provided in the Refund Policy, license fees are non-refundable.

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.

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.

If you are using the Software activation key that is provided to you by an organization, including but not limited to a business or any other commercial entity, educational organization, non-profit organization, or governmental organization (each, a “Business”), or if you were invited to use the Software by a Business, you acknowledge and agree that we may provide such Business with the ability to administer your Software activations and deactivations, and you acknowledge that Movavi may provide to such Business administrators your email, Software activation information, Software use status (last use date) and operating system information. If you are a Business, you represent and warrant that you ensured the acceptance of the Terms of Use and EULA by the users invited by you to use the Software and that you received all consents required by applicable law in case you provide us with any data related to such users.

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. Movavi reserves all rights not expressly granted in this EULA.

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 may not, directly or indirectly: (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; (d) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Software or any portion thereof available to any third party; (e) transmit through the Software any material that may infringe, misappropriate, or violate the rights of third parties; or (f) use the Software for any purpose or in any manner that is unlawful or is prohibited by this agreement.

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.

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.

YOUTUBE API. Some Software, e.g., Movavi Video Editor and Movavi Slideshow Maker, uses the YouTube API under the terms of YouTube service conditions of use. The full text of these terms of use can be found at https://www.youtube.com/t/terms. You agree to (i) comply with all applicable laws, rules, and regulations, and (ii) not access or use the YouTube API Services in a manner that violates such laws, rules, and regulations, or in a manner that is deceptive, unethical, false, or misleading.

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.

Movavi may collect certain data and information from you in connection with your use of the Software and otherwise in connection with this EULA. All such data and information will be collected and used by Movavi in accordance with the Movavi Privacy Policy, which you acknowledge.

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 information on your user data and experience, which will be used to assess Software usability and thereby improve and enhance our 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 information: 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 the Movavi 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.

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.

“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.

“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.

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.

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.

20.1. 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.

20.2. 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.

21.1. 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.

21.2. If you have ordered the Software through Movavi's authorized partner or reseller, you acknowledge and agree that: (i) the terms of this EULA shall apply to the exclusion of all other varying terms and conditions of the relevant partner or reseller; (ii) any refund requests should be directed to the relevant partner or reseller and, in case of your eligibility to receive a refund, that partner or reseller will be solely responsible for refunding the appropriate amounts to you; (iii) Movavi's partners and resellers are not authorized to make any promises or commitments on Movavi's behalf, and Movavi is not bound by any obligations to you other than as set forth in this EULA.