TMPGEnc Free - End User License Agreement

Important! - This is a legal agreement between you, the end user (User), and
Hiroyuki Hori (the Creator) and Pegasys, Inc. The Creator and Pegasys, Inc will be
referred to hereinafter collectively as Pegasys. Once you install/use TMPGEnc Free
Version Software (English) (the TMPGEnc Software) you shall be deemed to have
agreed to all terms and conditions described in this document.

1. Grant of license
Subject to the terms and conditions of this Agreement, Pegasys grants non-
exclusive, non-transferable license of TMPGEnc Software.

2. Copyrights

a) Copyrights and any other intellectual property regarding the TMPGEnc Software
belong to the Creator exclusively.
b) The User may not rent, lease or transfer the TMPGEnc Software to a third
person/party, may not give the TMPGEnc Software as security without prior written
notice to Pegasys.
c) Reverse engineering, reverse assembling and reverse compiling are all expressly
prohibited. In no event shall Pegasys or its suppliers be liable for any loss or
damage arising from such reverse engineering, reverse assembling or reverse
compiling.

3. User support
This License does not warrant User support or error correction of the TMPGEnc
Software. User understands the TMPGEnc software is not a Freeware for which you
can expect user support. Information regarding the use of the TMPGEnc Software may
be available from the bulletin board system at the TMPGEnc website or other
places.

4. Terms
This agreement comes into effect at the date on which the TMPGEnc Software is
first installed, accessed or used on the Users computer.

5. NO COMMERCIAL USES
The TMPGEnc Software is for non-commercial, personal or demonstration purposes
ONLY. Any and all commercial uses of TMPGEnc Software are expressly prohibited.
Commercial versions of TMPGEnc Software are available at http://tmpgenc.pegasys-
inc.com. Any commercial use of TMPGEnc Software constitutes a material breach of
this License and the License terminates immediately.

6. Advertisement Display

a) The User acknowledges that the TMPGEnc Software is designed for advertising use
and displays an advertisement banner that is automatically updated.
b) Any modifications, changes, corruption of interference with the display and
performance of the advertisement banner is expressly prohibited and is a material
breach of this agreement.
c) Pegasys expressly disclaim any liability for any direct or incidental loss,
including but not limited to loss of benefit, discontinuation of business or loss
of business information arising out of, caused by, or related to the advertisement
display.
d) When retrieving an advertisement banner, information such as the TMPGEnc
Software version and other information are registered in the advertisement banner
distribution server and may become public information. The identity of the User
cannot be deduced from the collected information. Pegasys disclaims all liability
for any misuse of information stored on the advertisement distribution server.

7. Disclaimer
The User expressly acknowledges and agrees that use of the TMPGEnc Software is at
his or her sole risk. The TMPGEnc Software is provided "AS IS" and without
warranty of any kind.

a) Pegasys shall not be liable for damage of end User arising from loss of TMPGEnc
Software.
b) PEGASYS EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS
OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE
AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. PEGASYS DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE TMPGENC SOFTWARE WILL MEET THE USER REQUIREMENTS, OR
THAT THE OPERATION OF THE TMPGENC SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR
THAT DEFECTS IN THE TMPGENC SOFTWARE WILL BE CORRECTED. FURTHERMORE, PEGASYS DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE
USE OF THE TMPGENC SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION
OR ADVICE GIVEN BY PEGASYS OR AN AUTHORIZED PEGASYS REPRESENTATIVE SHALL CREATE A
WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE TMPGENC
SOFTWARE PROVE DEFECTIVE, USER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO THE USER. THE TERMS OF THIS
DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING
PEGASYS PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT
OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY PEGASYS
NEGLIGENCE.

8. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PEGASYS BE LIABLE FOR ANY
INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING
TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO USER. IN NO EVENT SHALL
PEGASYS BE LIABLE FOR ANY DAMAGES WHATSOEVER.

9. Termination
The Users rights under this License will terminate automatically without notice
from Pegasys if the User fails to comply with any term(s) of this License.

a) Pegasys may terminate this agreement if the User violates any terms herein. In
the case of termination by Pegasys for any reason, the Users right to use the
TMPGEnc Software ceases immediately.
b) This agreement will be terminated automatically if the User has a new agreement
with Pegasys for new versions of the TMPGEnc Software.
c) The User may terminate this agreement by discarding the TMPGEnc Software (with
manual and all other documents, and its copy).
d) Upon termination of this agreement, the User must cease use and destroy all
copies of the TMPGEnc Software.
10. Controlling Law and Severability
This License shall be governed by the laws of Japan. If for any reason a court of
competent jurisdiction finds any provision, or portion thereof, to be
unenforceable, the remainder of this License shall continue in full force and
effect. Any suit, action or proceeding relating this Agreement shall be commenced
at the Tokyo District Court, Japan.

11. Other

a) The User shall not translate the TMPGEnc Software into languages other than
English. The User shall not distribute programs or patches to change the language
or other settings of the TMPGEnc Software.
b) This agreement is given higher priority over previous agreements that are made
between User and Pegasys (if any). Pegasys have the right to modify, change the
content of this agreement and make other notices / announcements. Upon the renewal
of this agreement, all previous agreements shall be automatically updated to the
latest agreement renewed by Pegasys.

Pegasys Inc. 5F Grace Ryogoku Bld, 3-21-1 Ryogoku Sumida-ku Tokyo 130-0026, Japan
2008/08/12