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Nero AAC Codec



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End-User License Agreement

IMPORTANT NOTE

Nero AG licenses you to use this software package for personal non-commercial and/or technology-evaluation purposes.

This License does not provide any rights to reproduce and/or distribute this software package in whole or in any part.

A written license agreement with Nero AG is needed for any Commercial use of this software package, including, but not limited to, exploitation of products, which are incorporating and/or using, in whole or in part, executables provided in this software package

Please contact Nero AG for licensing guidance.

THIS SOFTWARE IS PROVIDED BY NERO AG TO YOU "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL NERO AG BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT WILL NERO OR ITS LICENSORS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER ARISING FROM THIS LICENSE AND/OR YOUR USE OF THE SOFTWARE OR ANY COMPONENT THEREOF, INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A NERO REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. NERO'S AGGREGATE LIABILITY AND THAT OF ITS LICENSORS UNDER OR IN CONNECTION WITH THIS LICENSE SHALL BE LIMITED TO TEN US DOLLARS (US $ 10.00).

MPEG-4: Use of this product in any manner that complies with the MPEG-4 Audio Standard is prohibited, except for use by a consumer engaging in personal and non-commercial activities.

AAC: The command line encoder is using the MP4 file format I/O library for writing AAC audio to ISO/IEC 14496-1 compatible container. This library is available under MPL from www.mpeg4ip.net.

This License constitutes the complete and exclusive agreement between Nero and you with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. You may not assign your rights or obligations granted under this License without the prior written consent of Nero. None of the provisions of this License shall be deemed to have been waived by any act on the part of Nero, but only by an instrument in writing signed by an authorized signatory of Nero.

If any provision of this agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability

  1. of such provision under other circumstances, or
  2. of the remaining provisions hereof under all circumstances.

The failure of either party to enforce any of the provisions hereof will not be construed to be a waiver of the right of such party thereafter to enforce such provisions. Any and all remedies herein expressly conferred upon a party will be deemed cumulative and not exclusive of any remedy conferred hereby or by law, and the exercise of any one remedy will not preclude the exercise of any other. Headings will not be considered in interpreting this Agreement.

This License will be governed by and construed in accordance with the substantive laws in force in the Federal Republic of Germany. The respective law courts of Karlsruhe, Germany, shall have non-exclusive jurisdiction over all disputes relating to this License. This License will not be governed by the conflict of law rules of any jurisdiction or of the United Nations Convention on contracts for the International Sale of Goods, the application of which is expressly excluded.

© Copyright Nero AG April 2006. All rights reserved.


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