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 – BLUE OCEAN ECOM LIMITED (“Movcast”). USE OF THE SOFTWARE, CONTENT, AND SERVICES PROVIDED WITH 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.
The types of licenses provided with the Software are listed below. Only one license type can be applied to each Licensee. If you need to determine your license type, please visit our Support Center.
- LICENSE GRANT
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. In accordance with the terms of this EULA, Movcast 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 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. 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 corporate, commercial, or business purposes (including internal business purposes such as the preparation of presentations or reports). For the purposes of this agreement, commercial use constitutes also any use of the Software for the direct or indirect purpose of financial benefit (e.g., by means of sales, licensing, advertising, etc.).
Except for the Free License, for the rights granted to the Licensee, the Licensee is bound to pay to Movcast the applicable license fee. This license is limited, non-exclusive, and is not transferable to any other organization or affiliate and, unless otherwise provided, permits software operation on a single computer. The given EULA remains effective perpetually in consideration of appropriate restrictions in accordance with applicable laws and regulations.
SUBSCRIPTION TERMS. When you purchase a Software license on a subscription basis, you acknowledge and agree that you are authorizing recurring payments to be made to Movcast, 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 Movcast in accordance with this EULA. Your subscription will automatically renew annually without notice until you cancel. Movcast 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. Movcast 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.
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.
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 Movcast or third parties as a result of the use of 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 Movcast 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.
- FREE (TRIAL) VERSION
The Licensee 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, the Licensee 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.
- COMMERCIAL USE. EDUCATIONAL, NONPROFIT, AND GOVERNMENTAL LICENSE
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.movcast.net/.
EDUCATIONAL ORGANIZATIONS: Movcast 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.
NONPROFIT AND GOVERNMENTAL ORGANIZATIONS: Movcast has also government and nonprofit organizations license offerings for eligible organizations, which provide special pricing and terms for noncommercial Software usage.
These offerings have specific eligibility guidelines, and your organization must sign up for membership to qualify. Please contact our support team to apply.
The Software is owned and copyrighted by Movcast. 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 Movcast 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 Movcast 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.
- NO OTHER WARRANTIES
THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. Movcast 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.
Movcast 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 Movcast has no control over such sites and information, Movcast 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 Movcast 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 Movcast or its partners.
- 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 Movcast. 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 can 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., Movcast Screen Recorder for Mac and Movcast Video Suite for Mac, uses Rogue Amoeba Software's ACE to capture audio under a licensing agreement.
- Movcast SUPPORT CENTER AND CONTENT
Movcast 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 Movcast Support Center.
To respond to your queries, Movcast 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, Movcast may collect and use personal data related to you, as permitted or necessary to: provide technical support, customer support, and to troubleshoot problems; inform you about service updates and issues; verify your identity; protect your and Movcast'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 Movcast 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 Movcast, 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 Movcast websites or products and file-sharing or file-hosting services and for the validity, legitimacy, completeness, applicability, and copyright compliance of that Content. Movcast shall not control any user Content. By posting, uploading, providing, or otherwise transmitting your Content to or through Movcast websites or products, you grant Movcast 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.
- 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 Movcast within the period a particular version of the Software is being developed.
11.3. Movcast 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, Movcast will continue 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 Movcast 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.
- NO LIABILITY FOR CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL Movcast, 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 Movcast HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Movcast'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 Movcast, its affiliates, directors, officers, and employees harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an “Action”) brought against Movcast (and Movcast'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 Movcast; (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 Movcast’s rights or binds Movcast in any way, without the prior written consent of Movcast. Movcast 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 Movcast in asserting any available defenses.
15.1. Without prejudice to any of its rights, Movcast 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 Movcast decides to terminate the provision of the Software in your area.
15.2. If Movcast 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 Movcast.
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 the Software provided by Movcast free of charge.
15.3. Notwithstanding the foregoing, Movcast 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 Movcast. 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.
- GENERAL PROVISION
16.1. This is the entire agreement between you and Movcast, 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. Movcast may provide translations of the EULA or other Movcast 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. Movcast reserves the right to make amendments to this EULA. These amendments will take effect immediately after they are posted on the Movcast website. Movcast also has the right to upgrade, update, modify, and/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 UK.