License Agreement (EULA)
What is the EULA for RapidMediaConverter?
The following License Agreement have been republished from www.applon.com/eula.php and/or the program's installer.
Important, if you have RapidMediaConverter installed on your computer or you plan on installing it, please read the Terms below very carefully as there are potential issues that you should understand.
Recommendation: Remove RapidMediaConverter
1.1. End user license agreement
This end user license agreement (“EULA”) is a legal agreement between Howard software Limited and you (either an individual or single entity) with regard to the copyrighted software (herein referred to as “SOFTWARE PRODUCTS” or “SOFTWARE”) provided with this EULA. SOFTWARE PRODUCTS includes computer software, the associated media, and printed materials and any online or electronic documentation. Use of any software and related documentation (“SOFTWARE”) provided to you by HOWARD SOFTWARE LIMITED in whatever form of media, will constitute your acceptance to these terms. If you do not agree with the terms of this EULA, do not download, install, copy or use the software. By clicking on the “I AGREE” button (or similar buttons or links as may be designated by HOWARD SOFTWARE LIMITED) you agree to be bound by the terms of this EULA.
1.2. Terms of Service; Privacy Policy.
You acknowledge and agree that by clicking on the "I AGREE" button (or similar buttons or links as may be designated by HOWARD SOFTWARE to show your acceptance of this Agreement and/or your agreement to download and install the HOWARD SOFTWARE LIMITED Software), you expressly acknowledge and agree to be bound by, the Terms of Service and Privacy Policy applicable to the HOWARD SOFTWARE Website and the content, services and features provided on or through the HOWARD SOFTWARE LIMITED Software, and any new versions or updates thereof. Both the Terms of Service and Privacy Policy can be accessed through the HOWARD SOFTWARE Website.
2. Howard Software Limited Software Permissions
2.1. As consideration for using the HOWARD SOFTWARE Limited Software and receiving access to the content and programming available via the Howard Software Limited Software, you agree and understand that:
2.1.1. Howard Software Limited Software will permit third parties to, display advertising and other information within the interface of the Howard Software Limited Software and/or in connection with the display of content and programming. Howard Software or the Howard Software Limited serves, and permits third parties to serve, advertisements within or adjacent to the content and programming delivered to you by the Howard Software. You understand and agree that Howard Software Limited Software, or applicable third parties, may include content-targeted advertisements and 3rd party applications placed direcly on your desktop, or other related information, as further described in the Howard Software Privacy Policy. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Howard Software Limited Software, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.
2.1.2. Howard Software Limited Software will take organizational and technical measures intended to protect the privacy and integrity of the computer resources (or other applicable device) you are utilizing, however, you acknowledge and agree that this is not a representation or warranty of Howard Software Limited.
3. License Grant
3.1. License Grant. Subject to the terms of this Agreement, Howard Software Limited hereby grants you a limited, non-exclusive, personal, non-commercial, non-sublicensable, non-assignable license to download, install and use on a single computer (or other applicable device) owned or controlled by you, the Howard Software Limited Software, for the sole purpose of watching the video and other content provided on or through the Howard Software Limited Software, and otherwise accessing the other services and features provided on or through such Howard Software Limited Software, all subject to and in strict compliance with the restrictions described in this Agreement and in the Terms of Service.
3.2.1. Operate or utilize the Howard Software Limited Software in a manner that violates any applicable local, state, national or international law or governmental regulation, policy procedure or ordinance;
3.2.2. Operate or utilize the Howard Software Limited Software, including the content, programming, services and features contained on or through the Howard Software Limited Software, if this license has been terminated by Howard Software Limited;
3.2.3. Operate or utilize the Howard Software Limited Software, including the content, programming, services and features contained on or through the Howard Software Limited Software, in a manner that violates the Terms of Service or Privacy Policy;
3.2.4. Operate or utilize the Howard Software Limited Software for non-personal or commercial purposes or for the benefit of any third party or charge any person for the use or distribution of the Howard Software Limited Software;
3.2.5. sell, assign, rent, lease, distribute, export, import, act as intermediary or provider, act as a service bureau, or otherwise grant rights in the Howard Software Limited Software, including, without limitation, through sublicense, to any other person or entity;
3.2.6. Remove any proprietary notices from the Howard Software Limited Software, or from any content, services, programming, or features contained on or through the Howard Software Limited Software;
3.2.7. undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Howard Software Limited Software and/or data and/or content or programming transmitted, processed or stored by Howard Software Limited or other users of the Howard Software Limited Software;
3.2.8. use any unlicensed or unauthorized copies of the Howard Software Limited Software;
3.2.9. collect any information or communication about the users of the Howard Software Limited Software by monitoring, interdicting or intercepting any process of or communication initiated by the Howard Software Limited Software or by developing or using any software or any other process or method that engages or assists in engaging in any of the foregoing;
3.2.10. use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, packet-sniffer, Trojan-horse routing, trap door, time bomb or any other codes or instructions that are designed to be used to provide a means of surreptitious or unauthorized access or that are designed to monitor, distort, delete, damage or disassemble the Howard Software Limited Software or its ability to communicate and function with other computers running the Howard Software Limited Software;
3.2.11. with the exception of completely deleting the Howard Software Limited Software from your computer, and those actions permitted by your manual use of the user interface provided as part of the Howard Software Limited Software, take any action, including downloading and/or using third party software, that (1) modifies the settings of the Howard Software Limited Software as it functions with your computer, or (2) otherwise modifies, alters, blocks or interferes with the functioning of the Howard Software Limited Software;
3.2.12. attempt to hack the Howard Software Limited Software or any communication initiated by the Howard Software Limited Software or to defeat or overcome any encryption and/or other technical protection methods implemented by Howard Software Limited with respect to the Howard Software Limited Software and/or data and/or content or programming transmitted, processed or stored by Howard Software Limited or other users of the Howard Software Limited Software;
3.2.13. interfere with or in any manner compromise any of Howard Software Limited' security measures; or
3.2.14. alter, modify, delete, or otherwise interfere with or in any manner compromise any content, programming, advertising, services and/or features contained on or through the Howard Software Limited Software, including, without limitation, the Howard Software Limited Software’s advertising and/or content delivery and display functionality.
4. Your Additional Covenants, Acknowledgments and Agreements
4.1. You acknowledge and agree that:
4.1.1. Howard Software Limited, in its sole discretion, may discontinue or suspend your right to access the Howard Software Limited Software or content delivered by Howard Software Limited at any time for any reason, and may at any time suspend or terminate any license hereunder without prior notice for any reason.
4.1.2. Howard Software Limited reserves the right to add or remove features or functions, or to provide upgrades, updates or programming fixes, to the Howard Software Limited Software at any time in its sole discretion. You agree to accept any and all such upgrades, updates or programming fixes presented to you, including version updates.
4.1.3. When installed on your computer, the Howard Software Limited Software may periodically communicate with Howard Software Limited servers and/or Howard Software Limited Software installed by other users.
4.1.4. Howard Software Limited has no obligation to make available to you any subsequent versions of its software applications.
4.1.5. You can uninstall the Howard Software Limited Software at any time, in your sole discretion, by using your computer’s "Add/Remove" Control Panel functionality or other applicable functionality that permits you to uninstall downloaded software applications.
5. Proprietary Rights
5.1. You acknowledge and agree that any and all Intellectual Property Rights to or arising from the Howard Software Limited Software are and shall remain the exclusive property of Howard Software Limited and/or its licensors. Nothing in this Agreement intends to transfer any such Intellectual Property Rights to, or to vest any such Intellectual Property Rights in, you. You are only entitled to the limited use of the Intellectual Property Rights granted to you in this Agreement. You will not take any action to jeopardize, limit or interfere with the Intellectual Property Rights. You acknowledge and agree that any unauthorized use of the Intellectual Property Rights is a violation of this Agreement as well as a violation of intellectual property laws, including without limitation copyright laws and trademark laws.
You acknowledge and understand that all title and Intellectual Property Rights in and to any third party content that is not contained in the Howard Software Limited Software, but may be accessed through use of the Howard Software Limited Software, including, without limitation, any content, programming, advertising, services and/or features contained on or through the Howard Software Limited Software, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. Each such third party expressly reserves all rights into such content. You understand that You are not granted any commercial, sale, resale, reproduction, distribution or promotional use rights for or to any such third party content, including any rights for uses that require a synchronization or public performance license with respect to the underlying musical composition. Additionally, the unauthorized reproduction or distribution of such third party content, including, without limitation, any content, programming, advertising, services and/or features contained on or through the Howard Software Limited Software, is prohibited by applicable law.
6. Termination
6.1. This Agreement will be effective as of the date you accept this Agreement and will remain effective until terminated by you or Howard Software Limited as set forth below.
6.2. You may terminate this Agreement at any time provided you permanently delete or destroy your copies of the Howard Software Limited Software as required by Section 6.4 below.
6.3. Howard Software Limited may terminate this Agreement at any time, with or without cause by providing notice to you.
6.4. Upon termination of this Agreement for any reason, all licenses and rights to use the Howard Software Limited Software shall terminate and you must cease all use of the Howard Software Limited Software AND completely remove from all hard drives and other storage media all copies of the Howard Software Limited Software in your possession or under your control.
6.5. Howard Software Limited will not be liable in respect to any damage caused by the termination of this Agreement.
6.6. Section 3.2 and Sections 5 through 13 shall survive any termination of this Agreement.
7. Links to Third Party Sites / Applications
7.1. The links provided either through or framed within the Howard Software Limited Software and any website operated by Howard Software Limited or its affiliates are provided as a courtesy only, and the sites they link to are not under the control of Howard Software Limited in any manner whatsoever. Therefore, Howard Software Limited is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. Howard Software Limited is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement of or sponsorship by Howard Software Limited of any linked site and/or any of its content therein.
7.2 Third Party Applications. Howard Sofware may make available third party applications through our software or its services. The information collected by HSL when you enable a third party application is processed under this Privacy Policy. Information collected by the third party application provider is governed by their privacy policies, All 3rd party applactions that howard software may suggest have there own EULA that the user will need to accpet before downloading such related updates may impair the Software (and any other software on your computer which specifically depends on the Software).
8. Your Representations and Warranties
8.1. You represent and warrant that you possess the legal right and ability to enter into this Agreement and to comply with its terms.
9. Indemnity
9.1. You agree to indemnify, hold harmless and defend Howard Software Limited and its affiliates, parent companies, subsidiaries, officers, directors, employees, agents and network service providers at your expense, against any and all damages, claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by Howard Software Limited arising out of or relating to your (a) violation or breach of any term of this Agreement, the Terms of Service, or any applicable law, regulation, policy or guideline, whether or not referenced herein, (b) use or misuse of the Howard Software Limited Software, or (c) violation of any rights of any third party.
10. Disclaimer of Warranties
10.1. THE HOWARD SOFTWARE LIMITED SOFTWARE IS PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY HOWARD SOFTWARE LIMITED, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE HOWARD SOFTWARE LIMITED SOFTWARE, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. FURTHER, HOWARD SOFTWARE LIMITED DOES NOT REPRESENT OR WARRANT THAT THE HOWARD SOFTWARE LIMITED SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ERROR-FREE, OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES HOWARD SOFTWARE LIMITED WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF TRANSMISSIONS OF DATA MADE THROUGH THE HOWARD SOFTWARE LIMITED SOFTWARE.
10.2. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE HOWARD SOFTWARE LIMITED SOFTWARE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10.3. As some jurisdictions do not allow some of the exclusions set forth in this Section 10, some of these exclusions may not apply to you.
11. Limitation of Liability
11.1. IN NO EVENT SHALL HOWARD SOFTWARE LIMITED, ITS AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR BUNDLED SOFTWARE PROVIDERS BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE HOWARD SOFTWARE LIMITED SOFTWARE, INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF HOWARD SOFTWARE LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2. YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE HOWARD SOFTWARE LIMITED SOFTWARE IS TO UNINSTALL AND CEASE USE OF SUCH HOWARD SOFTWARE LIMITED SOFTWARE.
11.3. As some jurisdictions do not allow some of the exclusions set forth in this Section 11, some of these exclusions may not apply to you.
11.4. In the event this limitation of liability shall be for any reason held unenforceable or inapplicable, you agree that the aggregate liability of Howard Software Limited shall not exceed the amount of fifty United States dollars (US$50).
12. General Provisions
12.1. Electronic Signatures. You acknowledge and agree that by clicking on the "I AGREE" button (or similar buttons or links as may be designated by Howard Software Limited to show your acceptance of this Agreement and/or your agreement to download and install the Howard Software Limited Software), you are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Howard Software Limited Software. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
12.2. Jurisdictional Matters; Claims. If you are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this Agreement according to age and you are under such a jurisdiction and under such age limit, you may not enter into this Agreement nor may you download, install or use the Howard Software Limited Software. Furthermore, if you are residing in a jurisdiction where it is forbidden by law to offer or use software for internet communication, you may not enter into this Agreement nor may you download, install or use the Howard Software Limited Software. By entering into this Agreement you explicitly guarantee that you have verified whether your use of the Howard Software Limited Software is allowed in your own jurisdiction.
12.3. Investigation; Disclosure. Howard Software Limited reserves the right to investigate occurrences which may involve any violations of this Agreement, the Terms of Service or Privacy Policy, and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You expressly acknowledge and agree that Howard Software Limited may disclose information provided by you to comply with law enforcement or any legal, governmental or regulatory order or action.
12.4. Reservation of Rights; Modification. Howard Software Limited reserves all rights not expressly granted in this Agreement. Howard Software Limited may modify this Agreement at any time by providing such revised Agreement to you or posting the revised Agreement on the Howard Software Limited Website. Your continued use of the Howard Software Limited Software shall constitute your acceptance to be bound by the terms and conditions of such revised Agreement.
12.5. Severability. Should any term or provision of this Agreement be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Agreement shall remain in full force and effect.
12.6. Waiver. The failure of Howard Software Limited at any time or times to require performance of any provision of this Agreement shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.
12.7. Governing Law; Jurisdiction; Waiver of Claims. This Agreement shall be governed by and construed in accordance with the laws of the United Kingdon, without regard to its principals of conflicts of law. The parties hereto expressly understand and agree that any action brought by you against Howard Software Limited arising out of this Agreement shall be brought exclusively in the courts located in Tyne and Wear, Sunderland, and any action brought by Howard Software Limited against you arising out of this Agreement shall, in Howard Software Limited’ absolute and sole discretion, be brought in either the courts located in Tyne and Wear, Sunderland, or the applicable courts of the jurisdiction in which you reside. The parties hereby consent to, and irrevocably submit themselves to, the exclusive personal jurisdiction and venue of such courts as set forth in this section. You further agree not to bring claims against Howard Software Limited on a representative or class member basis, or as a private attorney general, and agree not to assert any claims against Howard Software Limited unless such claims are asserted by you in the forum required by this Agreement no later than one (1) year following the date that your claim or cause of action arose.
12.8. Entire Agreement. The terms set forth in this Agreement constitute the final, complete and exclusive agreement with respect to the Howard Software Limited Software and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. You may not assign this Agreement or any rights hereunder. Howard Software Limited may, at its sole discretion, assign this Agreement without giving prior notice.
12.9. Definitions.
12.9.1. Agreement: this End User License Agreement, as may be renewed, modified and/or amended from time to time.
12.9.2. Intellectual Property Rights: any and all intellectual property rights, including but not limited to copyrights, trademarks and patents, as well as know how and trade secrets contained in or relating to the Howard Software Limited Software or the Howard Software Limited Website.
12.9.3. Howard Software Limited: refers to Howard Software Limited, Applon Inc., a United Kingdom Company.
12.9.4. Howard Software Limited Software: the software distributed by Howard Software Limited (including all software and code in such software) that provides for, among other matters, the digital distribution of video and other content, and all future programming fixes, updates and upgrades thereof. The term "Howard Software Limited Software" will also include any online or enclosed documentation, and data distributed to your computer for processing relating to such software.
12.9.5. Howard Software Limited Website: any and all elements, contents and the 'look and feel' of the website available under the URL www.HowardSoftware.com, among other URLs, from which website the Howard Software Limited Software can be downloaded.
12.9.6. Privacy Policy: means the privacy policy set forth by Howard Software Limited from time to time with respect to the collection of information from users of the Howard Software Limited Software.
12.9.7. Terms of Service: means the agreement between Howard Software Limited and you for the use of the Howard Software Limited Software and the content, services and features provided on or through the Howard Software Limited Software.
12.9.8. You: you, the end user of the Howard Software Limited Software, also used in the form "your" where applicable.
13. Express Agreement
13.1. YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CONTINUING TO INSTALL THE HOWARD SOFTWARE LIMITED SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS
14. Advertisement Agreement
14.0. Howard Software / Applon runs off an ad-supported platform. During general internet usage on sites where Applon Support operates, users may see advertisement in form of shopping results and new tabs. The type of ad is dependent on the content of the page as you generally browse the internet. Applon is not related to or endorsed by the underlying website. These advertisements will be identified with the Applon Name or Logo.
How do I remove RapidMediaConverter?
If you have RapidMediaConverter installed on your computer, you can easily remove it by downloading "Should I Remove It?", it installs in seconds (just click the download button below).