Terms of Service

Vizloom ("Licensed Application") is licensed to You (End-User) by Vizloom LLC, a California limited liability company ("Licensor"), for use only under the terms of this License Agreement.

By downloading or installing the Licensed Application, You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.

The Application
Scope of License
Technical Requirements
Content Ownership
No Maintenance, Support or Updates
Liability
Warranty
Product Claims
Legal Compliance
Contact Information
Termination
Third-Party Terms of Agreements and Beneficiary
Intellectual Property Rights
Applicable Law
Miscellaneous
Feedback

1. The Application

Vizloom ("Licensed Application") is a piece of software created to facilitate DJs and music producers in creating video to complement their work and performances. It is used to facilitate editing source material into procedural music videos.

The Licensed Application is not tailored to comply with industry-specific regulations (HIPAA, FISMA, etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application.

2. Scope of License

2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on devices that You (End-User) own or control.

2.2 You may not share, distribute, or make the Licensed Application available to third parties, sell, rent, lend, lease or otherwise redistribute the Licensed Application without Licensor's prior written consent.

2.3 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Licensor's prior written consent).

2.3.1 Open-source components. Notwithstanding Sections 2.2 and 2.3, components of the Licensed Application that are licensed under open-source licenses (including FFmpeg, which is licensed under the GNU General Public License, version 2 or later) are governed solely by their own license terms, which prevail over any conflicting term of this Agreement — including your rights to use, modify, reverse engineer, and redistribute those components and to obtain their corresponding source code.

2.4 You may not copy (except when expressly authorized by this license) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell or transfer your device to a third party, you must remove the Licensed Application before doing so.

2.5 Violations of the obligations mentioned above, as well as attempts of such infringement, may be subject to prosecution and damages.

2.6 Licensor reserves the right to modify the terms and conditions of licensing.

2.7 The Licensed Application in source code form remains a confidential trade secret of Licensor and/or its suppliers.

3. Technical Requirements

3.1 You acknowledge that it is Your responsibility to confirm and determine that the device on which You intend to use the Licensed Application satisfies the technical specifications.

3.2 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

4. Content Ownership

Content (including but not limited to audio, video, images, and other media) that You load into, process with, or export from the Licensed Application remains the property of its respective owner. This License Agreement does not grant Licensor any rights over such content. You are solely responsible for ensuring that You have the necessary rights, licenses, and permissions to use, process, and distribute any media files with the Licensed Application.

5. No Maintenance, Support or Updates

Licensor is not obligated, expressed or implied, to provide any maintenance, technical or other support for the Licensed Application. Licensor also has no obligation to issue updates, revisions, corrections, new versions, or new releases of the Licensed Application, unless otherwise expressly agreed in writing.

6. Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LICENSED APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF (OR INABILITY TO USE) THE LICENSED APPLICATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LICENSOR'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS SHALL NOT EXCEED THE AMOUNT YOU PAID (IF ANY) FOR THE LICENSED APPLICATION.

The above limitation does not apply to liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation, in jurisdictions where such limitations are not permitted.

You are responsible for backing up your data. Licensor shall not be responsible for data loss or corruption.

7. Warranty

The Licensed Application is provided without warranty of any kind. Licensor expressly disclaims all warranties, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Some jurisdictions do not allow exclusions of implied warranties, so this disclaimer may not apply to you in full. In such cases, Licensor's liability shall be limited to the minimum extent required by law.

8. Product Claims

Licensor is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User's possession and/or use of that Licensed Application, including, but not limited to:

product liability claims;
any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
claims arising under consumer protection, privacy, or similar legislation.

9. Legal Compliance

You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted parties.

10. Contact Information

For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:

Vizloom LLC
Email: info@vizloom.com

11. Termination

The license is valid until terminated by Licensor or by You. Your rights under this license will terminate automatically and without notice if You fail to adhere to any term(s) of this license. Upon termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

Licensor may also terminate this license upon expiration of the beta testing period announced to testers.

12. Third-Party Terms of Agreements and Beneficiary

Licensor represents and warrants that Licensor will comply with applicable third-party terms of agreement when using the Licensed Application.

13. Intellectual Property Rights

Licensor and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, Licensor will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims.

The Licensed Application also incorporates third-party open-source software components, including FFmpeg (licensed under the GNU General Public License, version 2 or later), which are licensed under their own terms. Your rights to use such components are governed by their respective open-source licenses. The complete corresponding source code for the FFmpeg build we distribute is available at: vizloom.com/licenses

14. Applicable Law

This License Agreement is governed by the laws of the State of California excluding its conflicts of law rules.

15. Miscellaneous

15.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

15.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.

16. Feedback

You may provide suggestions, ideas, or feedback regarding the Licensed Application ("Feedback"). By providing Feedback, You grant Licensor a perpetual, worldwide, irrevocable, royalty-free license to use, reproduce, modify, and incorporate the Feedback into Licensor's products and services without restriction or compensation. Nothing in this section restricts Your ability to discuss or share Your experiences with the Licensed Application publicly, provided You do not distribute or share copies of the Licensed Application itself.

End User License Agreement

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