This End User License Agreement ("Agreement") is a legal agreement between
you, the end user, whether an individual or a legal entity ("you" or
"your"), and Devallix ("Devallix", "we", "us", or "our"),
the developer and licensor of the MagnetoClip software (the "Software").
By downloading, installing, copying, or using the Software, you acknowledge
that you have read this Agreement, understand it, and agree to be bound by its
terms. If you do not agree to these terms, do not download, install, copy, or
use the Software.
1. The Software
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"Software" means the desktop application known as MagnetoClip
("Capture the Web"), together with its user interface, associated components,
documentation, and any updates, upgrades, patches, or modified versions that
Devallix may provide to you.
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The Software is a general-purpose tool that downloads web content —
including files, videos, music, and documents — and organizes downloaded
items into automatically sorted categories. The Software is not affiliated
with, endorsed by, or designed for use with any particular website, web
service, or content provider. It works with websites and content you choose
to access, and it does not host, publish, or distribute any content itself.
2. Grant of License
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Subject to the terms and conditions of this Agreement, Devallix
grants you a personal, non-exclusive, non-transferable, non-sublicensable,
revocable, and limited license to install and use the Software, in object code
form only, on one or more devices that you own or control, solely for your
personal, non-commercial purposes ("Permitted Use").
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You may make a reasonable number of backup copies of the Software for
archival purposes only, provided that each copy reproduces all copyright and
other proprietary notices.
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No license is granted to you in any patent, copyright, trademark,
trade secret, or other intellectual property right of Devallix except as
expressly set forth in this Section 2. All rights not expressly granted in
this Agreement are reserved by Devallix.
3. Restrictions
You may not, and may not permit any third party to:
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copy, reproduce, distribute, sublicense, sell, rent, lease, or
otherwise transfer the Software, in whole or in part, except as expressly
permitted in Section 2;
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decompile, disassemble, reverse engineer, or otherwise attempt to
derive the source code of the Software;
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modify, adapt, translate, or create derivative works based upon the
Software, or merge the Software with any other program;
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remove, alter, or obscure any copyright, trademark, or other
proprietary notices contained in or on the Software;
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use the Software to violate any applicable law, regulation, or the
rights of any third party;
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use the Software to download, store, or distribute content that you
do not have the legal right to download, store, or distribute;
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use the Software in any manner that could damage, disable,
overburden, or impair any server, network, or other system;
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circumvent or attempt to circumvent any technical protection
measure, copy protection, or digital rights management technology; or
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use the Software for any purpose other than the Permitted Use.
4. Third-Party Components
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The Software may incorporate or rely upon open-source and other
third-party components, libraries, and dependencies ("Third-Party
Components"). Any such Third-Party Components remain subject to their own
applicable license terms, which are provided with the Software or are
otherwise made available to you. To the extent of any conflict between this
Agreement and the license terms of a Third-Party Component, the license terms
of the Third-Party Component will govern with respect to that component.
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Bundled FFmpeg. The Software includes a copy of FFmpeg,
used to generate video previews for formats your system cannot decode
directly. That copy is distributed under the GNU Lesser General Public
License, version 2.1 or later, and is invoked as a separate program; it
is not linked into the Software. You may replace or remove it and point
the Software at a different FFmpeg installation via the application's
settings. Its license text is included with the Software as
FFMPEG_LICENSE.md.
5. User Obligations and Acceptable Use
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You agree to use the Software only in accordance with this Agreement,
applicable laws, and the rights of third parties. You are solely responsible
for the content you download, store, transmit, or distribute using the
Software and for any consequences arising from such activity.
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You agree not to use the Software to infringe the copyrights,
trademarks, privacy rights, or other intellectual property or proprietary
rights of any person or entity. Downloading or distributing copyrighted
content without authorization may violate applicable law and expose you to
civil and criminal liability.
6. Intellectual Property
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The Software, including all code, functionality, interfaces,
graphics, documentation, and other materials, is the property of Devallix and
its licensors and is protected by copyright, trademark, and other applicable
intellectual property laws. The MagnetoClip name, logo, and any associated
marks are trademarks or service marks of Devallix.
7. Updates and Changes
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Devallix may, at its sole discretion, provide updates, upgrades,
patches, or new versions of the Software. This Agreement applies to any such
provision unless Devallix states otherwise.
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Devallix may modify this Agreement at any time by posting a revised
version and updating the "Effective date" above. Your continued use of the
Software after any such modification constitutes your acceptance of the
revised terms.
8. Disclaimer of Warranties
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THE SOFTWARE IS PROVIDED "AS IS" AND "WITH ALL FAULTS," WITHOUT
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, AND ACCURACY. DEVALLIX DOES NOT WARRANT THAT THE SOFTWARE
WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION OR ERROR, OR THAT ALL
DEFECTS WILL BE CORRECTED.
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YOU ACKNOWLEDGE THAT THE SOFTWARE IS INTENDED FOR GENERAL DOWNLOAD
MANAGEMENT PURPOSES AND THAT THE AVAILABILITY, FORMAT, LEGALITY, AND ACCESSIBILITY
OF CONTENT DOWNLOADED THROUGH THE SOFTWARE DEPEND ON FACTORS OUTSIDE DEVALLIX'S
CONTROL. DEVALLIX DOES NOT GUARANTEE THAT ANY PARTICULAR CONTENT CAN OR WILL BE
DOWNLOADED.
9. Limitation of Liability
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
DEVALLIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR
FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR USE, ARISING OUT OF OR
RELATED TO THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SOFTWARE, WHETHER
IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF
DEVALLIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE
LIABILITY OF DEVALLIX ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE
OF THE SOFTWARE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU FOR THE SOFTWARE. IF
YOU HAVE NOT PAID ANY AMOUNTS TO DEVALLIX, DEVALLIX'S AGGREGATE LIABILITY
SHALL BE LIMITED TO THE GREATER OF ONE HUNDRED UNITED STATES DOLLARS (US $100)
OR THE MINIMUM AMOUNT PERMITTED BY APPLICABLE LAW.
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Nothing in this Agreement limits or excludes liability that may not
be limited or excluded under applicable law.
10. Indemnification
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You agree to indemnify, defend, and hold harmless Devallix and its
officers, directors, employees, and agents from and against any and all
claims, damages, liabilities, costs, and expenses (including reasonable
attorneys' fees) arising out of or related to your use of the Software or your
violation of this Agreement or any applicable law.
11. Termination
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This Agreement is effective until terminated. Your rights under this
Agreement terminate automatically without notice if you fail to comply with
any term of this Agreement.
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Upon termination, you must cease all use of the Software and destroy
all copies of the Software and all of its component parts in your possession
or control.
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Sections 3, 5, 6, 8, 9, 10, 11, 12, 13, and 14 will survive any
termination of this Agreement.
12. Export Compliance
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You agree to comply with all applicable export and re-export control
laws and regulations and shall not export or re-export the Software in
violation of any such laws or regulations.
13. Governing Law and Jurisdiction
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This Agreement shall be governed by and construed in accordance with
the laws of the jurisdiction in which Devallix is established, without regard
to its conflict of laws principles. If any provision of this Agreement is held
to be invalid or unenforceable, the remaining provisions will continue in full
force and effect.
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Any legal action or proceeding arising out of or relating to this
Agreement shall be brought exclusively in the courts of the jurisdiction in
which Devallix is established, and you irrevocably consent to the jurisdiction
of such courts.
14. General Provisions
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Entire Agreement. This Agreement constitutes the entire agreement
between you and Devallix with respect to the Software and supersedes all prior
or contemporaneous agreements, communications, and proposals, whether oral or
written.
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Waiver. The failure of Devallix to enforce any provision of this
Agreement shall not constitute a waiver of such provision or of any other
provision.
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Severability. If any provision of this Agreement is found by a
court of competent jurisdiction to be invalid or unenforceable, such provision
shall be severed, and the remaining provisions shall remain in full force and
effect.
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Assignment. You may not assign or transfer this Agreement or any
rights or obligations hereunder, in whole or in part, without the prior
written consent of Devallix. Devallix may assign this Agreement freely.
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Contact. If you have any questions regarding this Agreement or
the Software, please contact Devallix through the support channels provided
with the Software.