Software License Agreement

IMPORTANT - We have updated our software products AND our software licensing. The below Software License Aggrement is for orders made on our new versions- includeing (but not limited to) Calibrated{Q} MXF Import v3.0 or later, Calibrated{Q} MP4-EX Import v3.0 or later, Calibrated{Q} Import Assist 2.0 or later, Calibrated{Q} XD Decode v2.0 or later, Calibrated{Q} IMX Decode v2.0 or later, Calibrated{Q} AVC-Intra Decode v2.0 or later, Calibrated{Q} DVCProHD Decode v2.0 or later, Calibrated{Q} DV50 Decode 2.0 or later, Calibrated AVC-Intra Create v2.0 or later, Calibrated AVC-LongG Create v1.0 or later, and Calibrated MPEG2-X Create v1.0 or later.

You can view the Software License Agreement for older software versions here.

Please read the Upgrade FAQ page to find out how to upgrade any previous orders to the new versions.

The Software License Agreement for Calibrated AVC-Intra LT Import for Adobe can be found here here.

Please note: Please note that one(1) Software License is for a single physical computer only (it's tied to the computer's motherboard). You can activate/deactivate a Software License from one computer to another computer using your Activation Key with the Calibrated License Manager application (requires internet connection). For complete details see our Software License Agreement below.

Calibrated Software

Software License Agreement

Please read this Software License Agreement (“AGREEMENT”) carefully before downloading, or ordering, or installing, or using any software(“SOFTWARE”) from Calibrated Software, Inc. ("CALIBRATED SOFTWARE") . This AGREEMENT is a legal contract between you, the end user(“YOU”, “YOUR”, “CUSTOMER” or “LICENSEE”) and CALIBRATED SOFTWARE. By downloading, or ordering, or installing, or using the SOFTWARE from CALIBRATED SOFTWARE, YOU are agreeing to be bound by these terms and are becoming a party to this AGREEMENT. If YOU do not agree to all of the terms do NOT download, or order, or install, or use SOFTWARE from Calibrated Software, Inc.

IMPORTANT NOTE: To the extent the SOFTWARE may be used to reproduce or access material/content, it is licensed to YOU only for reproduction of or access to material/content YOU are authorized or legally permitted to reproduce or access. Material/content that is reproduced or accessed by this SOFTWARE is the property of the applicable material/content owner and may be protected by copyright or other intellectual property laws.

1. GENERAL. The SOFTWARE is licensed, not sold, to YOU by CALIBRATED SOFTWARE for use only under the terms of this AGREEMENT and CALIBRATED SOFTWARE (and, to the extent applicable, its licensors), retains all title to and ownership of the SOFTWARE and CALIBRATED SOFTWARE reserves all rights not expressly granted to YOU. CALIBRATED SOFTWARE reserves the right at any time to change without notice the AGREEMENT. CALIBRATED SOFTWARE reserves the right at any time to change any and all prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability, activation, deactivation or any other characteristics of the SOFTWARE. CALIBRATED SOFTWARE reserves the right to refuse, cancel, or suspend orders, licenses, or service at our sole discretion, not prohibited by law, without notice.

2. PERMITTED LICENSE USES AND RESTRICTIONS. Before payment of any applicable license fee(s) (“ORDER”), YOU agree to test the SOFTWARE in the unlicensed DEMO MODE to determine if the SOFTWARE suits YOUR particular needs. Using the SOFTWARE in DEMO MODE is for testing only, and should not be used for commercial purposes. Subject to YOUR continuous compliance with this AGREEMENT and payment of any applicable license fee(s), CALIBRATED SOFTWARE hereby grants to YOU a non-exclusive, non-transferable limited Software License to use the SOFTWARE on the following term listed below and all other parts of this AGREEMENT. Please be aware that the SOFTWARE will transmit information about the computer such as (but not limited to) IP address, Computer Name, Ethernet Port address, Hard Drive ID, OSX Serial Number, CPU type to our license server for different phases in the activation, deactivation or license validation processes. YOU consent to the transmission of this information.

(a) A single Software License for the SOFTWARE can only be used on a single partition on a single physical computer system ONLY. A single Software License for the SOFTWARE will remove the DEMO MODE limitation(s) of the SOFTWARE for that single partition on a single physical computer system that the Software License is licensed to.
(b)Activation - YOU may activate and license the SOFTWARE to a single partition on a single physical computer system. Activation requires that you have one computer that is connected to the internet that can connect to our license server.
(c)Deactivation – YOU may deactivate and uninstall the SOFTWARE from the single partition on a single physical computer system in order to license the SOFTWARE (thru the activation process) on another single partition on a single physical computer system in accordance with this LICENSED. Deactivation requires that you have one computer that is connected to the internet that can connect to our license server.
(d)Virtual Operating Systems are not supported.
(e)Orders placed on or before Sept 2014 may have to pay an upgrade license fee for use of new version(s) of SOFTWARE and the new licensing system. See Calibrated Software website for more details.
(f)The SOFTWARE may cause YOUR computer, without notice, to automatically connect to the internet and communicate with a CALIBRATED website or domain for purposes such as Software License validation, or additional features or additional functionality. YOU consent to the transmission of this information for the deactivation process.
(g)The SOFTWARE may cause YOUR computer, without notice, to automatically connect to YOUR local area network and communicate with other SOFTWARE for purposes such as Software License validation, or additional features or additional functionality.
(h) Unauthorized use of the SOFTWARE may result in reduced functionality of the SOFTWARE, inoperability of the SOFTWARE or termination or suspension of the SOFTWARE.
(i)In the event a computer that YOU have licensed the SOFTWARE to has been lost, stolen, damaged or otherwise rendered inoperable then email CALIBRATED. CALIBRATED, at CALIBRATED’s sole discretion and on a case by case basis, can deactivate the Software License from our license server. Additional fee(s) may apply.
(j)CALIBRATED does not and cannot guarantee the continuous operation or uninterrupted service of our license server needed to activate or deactivate YOUR Software License. CALIBRATED reserves the right, without restriction, to change how a Software License for the SOFTWARE can be generated, created, activated, deactivated, or any others parts or processes of functionality of activating or deactivating a Software License at any time without notice to YOU. YOU agree that CALIBRATED shall not be liable in any way, including but not limited to, for any loss of time, moneys, expenses, delays, failures or outages relating to or arising out of using or not being able to use the license server for any reason. See Sections 2, 3, 4, 5 and 6 for further details.

Only a single unlicensed copy of the SOFTWARE operating in DEMO MODE can be made for archival purposes, provided that the backup copy contains all copyrights, license agreements and any other proprietary notices contained in the original. The terms of this AGREEMENT will govern any software upgrades provided by CALIBRATED SOFTWARE that replace and/or supplement the original SOFTWARE, unless such an upgrade is accompanied by a separate license agreement in which case the terms of that license agreement will govern. YOU agree to abide by the copyright law and all other applicable laws of the United States and other applicable jurisdictions. YOU may not, or permit any 3rd parties, modify, translate, reverse engineer, decompile, disassemble, or create any derivative works based on the SOFTWARE, copy the SOFTWARE(except as and only to the extent permitted in this AGREEMENT), rent, lease, lend, give away, redistribute or sublicense the SOFTWARE, or remove any proprietary notices, watermarks or labels on the SOFTWARE.

3. REFUND POLICY. Please note that all of our SOFTWARE is available for download in DEMO MODE and that we do encourage and require YOU to download and test the SOFTWARE in DEMO MODE prior to placing an ORDER to make sure that the SOFTWARE fits your particular needs. CALIBRATED SOFTWARE will NOT REFUND the purchase price of an ORDER once the SOFTWARE has been licensed to a computer (including but not limited to by email, software application, website, activation key or any other means) for an ORDER. A refund for the purchase price of an ORDER may ONLY be granted if the SOFTWARE has NEVER been licensed to a computer (including but not limited to by email, software application, website, activation key or any other means) for an ORDER, AND the refund request is within 30 days of the ORDER purchase date.

If the order was purchased thru a third-party, the terms and conditions of this REFUND POLICY will still apply to the order. Please contact both CALIBRATED and the third-party when requesting the refund, as CALIBRATED would not issue a refund directly to YOU, rather CALIBRATED would issue the refund to the third-party that the order was purchased thru and it would be the third-party's responsibility to issue the refund to YOU.

4. DISCLAIMER OF WARRANTIES. CALIBRATED SOFTWARE makes no representations concerning the suitability for any purpose of the SOFTWARE or about the accuracy of data or information made accessible by it. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.THE SOFTWARE AND ANY ACCOMPANYING FILES ARE PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANY OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING
BUT NOT LIMITED TO WARRANTIES AS TO PERFORMANCE, MERCHANTABILITY, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

MPEG-2 Notice: To the extent that the SOFTWARE contains MPEG-2 encoding and/or decoding functionality, the following provision applies: ANY USE OF THIS 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, SEE HTTP://WWW.MPEGLA.COM.

H.264/AVC Notice: To the extent that the SOFTWARE contains H.264/AVC encoding and/or decoding functionality, the following provision applies: THE H.264/AVC FUNCTIONALITY IN THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO ONLY FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE H.264/AVC STANDARD ("AVC VIDEO") AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR AVC VIDEO THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C. SEE HTTP://WWW.MPEGLA.COM.

MPEG-4 Visual Standard Notice: To the extent that the SOFTWARE contains MPEG-4 encoding and/or decoding functionality, the following provision applies: THE MPEG-4 FUNCTIONALITY IN THIS PRODUCT IS LICENSED UNDER THE MPEG-4 VISUAL PATENT PORTFOLIO LICENSE ONLY FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (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 NON-COMMERCIAL ACTIVITY. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION INCLUDING THAT RELATING TO PROMOTIONAL, INTERNAL AND COMMERCIAL USES AND ADDITIONAL LICENSING MAY BE OBTAINED FROM MPEG LA, LLC. SEE HTTP://WWW.MPEGLA.COM.

5. LIMITATION OF LIABILITY. CALIBRATED SOFTWARE’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY IS LIMITED TO A PROPERLY REQUESTED REFUND FOR YOUR SPECIFIC ORDER AS PER THE REFUND POLICY IN THIS AGREEMENT AND IN NO EVENT WILL CALIBRATED SOFTWARE’S ENTIRE LIABILITY EXCEED THE AMOUNT OF THE PURCHASE PRICE OF YOUR SPECIFIC ORDER AS PER THE REFUND POLICY IN THIS AGREEMENT. IN NO EVENT SHALL CALIBRATED SOFTWARE, INC., NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS SOFTWARE, BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (BY YOU OR ANY THIRD PARTIES), INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE OR THIS AGREEMENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF CALIBRATED SOFTWARE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. LIMITATION OF SUPPORT. CALIBRATED SOFTWARE is under no obligation to fix defects or issue any updates, revisions, corrections, new versions or manuals for the SOFTWARE or otherwise to support the SOFTWARE in any way.

7. TERMINATION. This AGREEMENT is effective until terminated. YOUR rights under this AGREEMENT will terminate without notice from CALIBRATED SOFTWARE if YOU fail to comply with any term(s) contained in this AGREEMENT. Upon termination of this AGREEMENT, YOU agree to cease ALL use of the SOFTWARE and destroy or erase any and all copies, full or partial, of the SOFTWARE. Upon termination of this AGREEMENT for any reason - provisions which, by their nature, should remain in effect beyond termination of this AGREEMENT shall survive. Except for a properly requested refund per the Refund Policy in this AGREEMENT, YOU shall not be entitled to any refund as a result of any termination of this AGREEMENT.

8. GOVERNANCE. This AGREEMENT shall be governed by the laws of the United States and/or the applicable local law of such jurisdiction where CALIBRATED SOFTWARE intellectual property rights may be infringed. The venue of any dispute under this AGREEMENT shall be the applicable state and/or courts of Texas, USA; except that CALIBRATED SOFTWARE may enforce its intellectual property rights before the competent courts of any jurisdiction where an act of infringement has occurred. If any part of this AGREEMENT is unenforceable, invalid, or violates applicable law, such part shall be deemed stricken and shall not affect the enforceability of any other part of this AGREEMENT. The failure of CALIBRATED SOFTWARE to act with respect to a breach of this AGREEMENT by YOU or others does not constitute a waiver and shall not limit CALIBRATED SOFTWARE’s rights with respect to such breach or any subsequent breaches. CALBIRATED SOFTWARE expressly reserves the right to freely assign this AGREEMENT and to delegate any of its obligations hereunder.

9. NOTICE TO US GOVERNMENT CUSTOMERS. The SOFTWARE is commercial computer software developed exclusively at private expense. In the event that the SOFTWARE is LICENSED to the US GOVERNMENT, the SOFTWARE is a "Commercial Item(s)," as that terms is defined at 48 C.F.R. 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. As specified in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 48 C.F.R. 227.7202-4, as applicable, of the Federal Acquisition Regulation and its successors, the US GOVERNMENT shall be subject to the terms of this AGREEMENT. The US GOVERNMENT shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein.

10. EXPORT LAWS. YOU understand that the SOFTWARE is subject to U.S. Export Administration Regulations and other export control laws, restrictions and regulations. YOU MAY NOT DOWNLOAD, SHIP, TRANSFER, EXPORT OR RE-EXPORT THE SOFTWARE EXCEPT IN FULL COMPLIANCE WITH ALL UNITED STATES AND OTHER APPLICABLE LAWS AND REGULATIONS IN PARTICULAR, BUT WITHOUT LIMITATION, NONE OF THE SOFTWARE MAY BE DOWNLOADED, SHIPPED, TRANSFERRED, EXPORTED OR RE- EXPORTED: (a) INTO (OR TO A NATIONAL OR RESIDENT OF) CUBA, IRAN, IRAQ, LIBYA, NORTH KOREA, OR SYRIA; OR (b) TO ANYONE ON THE U.S. TREASURY DEPARTMENT'S LIST OF SPECIALLY DESIGNATED NATIONALS OR THE U.S. COMMERCE DEPARTMENT'S TABLE OF DENIAL ORDERS. YOU HEREBY AGREE TO THE FOREGOING AND REPRESENT AND WARRANT THAT YOU ARE NOT LOCATED IN, OR UNDER CONTROL OF, OR A NATIONAL OR RESIDENT OF ANY SUCH COUNTRY, OR ON ANY SUCH LIST.

11. COMPLETE AGREEMENT. This AGREEMENT sets forth the entire agreement between YOU and CALIBRATED SOFTWARE with respect to the downloading, installing, ordering or using of the SOFTWARE and supersedes all prior or contemporaneous understandings regarding such subject matter. The section headings in this AGREEMENT are included merely for convenience of reference and shall not be considered in any construction or interpretation of this AGREEMENT.

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