License and Services Agreement for Life Tributes

Last updated: Oct 14, 2013 09:12PM

This Software is licensed, not sold.  You may use this Software and related Services only as described in this Agreement. 

 
If you do not agree to the terms of this Agreement, do not install the Software or use the Services. 

 
1.  SOFTWARE.  The capitalized term “Software” refers collectively to: (i) to the object code for the computer program known as Life Tributes,
(ii) any updates, supplemental code or programs provided to you by funeralOne with or in connection with Life Tributes, (iii)  any user's manual,  Help file, and any related "online" or electronic documentation, and (iv) any media incorporated in the Software for your use in creating a content with the software, such as music clips, video clips, and graphic art.
 
2.  SERVICES.  The capitalized term “Services” refers to services offered by funeralOne from time to time as part of or in connection with its Life Tributes suite including, without limitation, web casting services, memorial website publication, training, certification, and support. 
 
3. GRANT OF LICENSE.
 
You may use the Software to create videos, web content and personalized printed products for your clients.   The Software will permit you to create two original videos and other limited content without charge.  To create additional content with the Software you must pay the fees described in the My Account portion of the Software. To pay these fees you may either establish a funeralOne account using the account interface incorporated into the Software, or you may contact funeralOne and make other payment arrangements. 
 
You may make one copy of the Software for back-up or archival purposes.  Otherwise, you may not copy the Software in whole or in part.  You may not transfer your rights under this license. The term of the license is perpetual.
 
By uploading, streaming, submitting, emailing, posting, publishing or otherwise transmitting any Life Tributes deliverable, you hereby grant funeralOne a non-exclusive, worldwide, royalty-free, sub licensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such deliverables in any form, medium, device or technology now known or later developed, including without limitation on third party websites and platforms.
 
4.         INCORPORATING MEDIA ELEMENTS INTO YOUR MEMORIAL.  The Software includes music clips, video clips, graphic art and other works licensed by funeralOne from third parties (the “funeralOne Media Elements”) that you may incorporate into the content you create with the Software.  You may also incorporate other media elements, such as the art or music of the individual who is memorialized, or your original works.  However, you may not incorporate a media element into your content unless you are the owner of the copyright for that element or have obtained a license from the owner of the copyright.  funeralOne may suspend or terminate your license for the Software and/or the Services without refund if you are using the Software or Services to publish or copy content in a way that violates the intellectual property rights of a third party.  For example, if you use a song by a popular recording artist on your Website without obtaining a license for this purpose, funeralOne may take your Website offline.   
 
You may not use or distribute the funeralOne Media Elements except for the purpose of creating and publishing content using the Software and Services. 
 
5.  RESTRICTIONS.  You may not reduce the Software to human readable form, reverse engineer, de-compile, disassemble, merge, adapt, or modify the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation and provided that you provide funeralOne with advance written notice of at least ten days of your intent to do so.  You may not rent, lease, or lend the Software.   You may not use the Software to perform any unauthorized transfer of information, such as copying or transferring a file in violation of a copyright or other intellectual property right, or for any illegal purpose.
 
6.  SERVICES.  Your use of the Services is governed by the user’s manual, online documentation, and other funeralOne materials provided to you (the “Services Documentation”).  funeralOne may modify the Services Documentation from time to time as reasonably necessary to comply with the law and industry best practices for Web publishing.   funeralOne may also stop offering all or a portion of the Services at any time.  If funeralOne stops offering Services or if a Services Documentation modification materially impairs your use of the Services, funeralOne will honor your request for a refund of fees you have paid for that portion of the Services you are no longer able to use, with fees for permanent or perpetual services prorated on a monthly basis over an assumed five year useful life.   
 
7.   INTERNET CONNECTION TO COMPUTER ON WHICH SOFTWARE IN INSTALLED.  The Software will communicate with funeralOne’s servers via the Internet from time to time for the purpose of establishing your Life Tributes account, enabling the Software to create and publish content based on your license purchases, transferring updates to the Software, and publishing your content.
 
8.  TERMINATION.   This Agreement terminates if you fail to comply with its terms and conditions.   If the Agreement terminates, you must destroy all copies of the Software.  The termination of this Agreement does not limit funeralOne’s other rights it may have by law under this Agreement or otherwise.
 
9.  INTELLECTUAL PROPERTY.  You acknowledge that you have only the limited, non-exclusive right to use and copy the Software as expressly stated in this license and that funeralOne retains title to the Software and its other intellectual property provided for your use.  You agree not to remove or modify any copyright, trademark, patent or other proprietary notices that appear, on, in or with the Software.  The Software is protected by United States copyright, patent and trademark laws and international treaty provisions.
 
10.  EXPORT RESTRICTIONS.  You may not export or re-export the Software in violation of the export laws of the United States, or the applicable laws of any other jurisdiction.  Among other things, U.S. laws provide that the Software may not be exported or re-exported to certain countries that are embargoed or restricted or to certain restricted persons.  Embargoed and restricted countries currently include Cuba, Iran, Iraq, Libya and Sudan. 
 
11.  NO WARRANTIES.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.  IF APPLICABLE LAW REQUIRES A WARRANTY, THE REQUIRED WARRANTY IS LIMITED TO NINETY (90) DAYS FROM YOUR RECEIPT OF A COPY OF THE SOFTWARE OR THE PERFORMANCE OF THE SERVICES. 
 
COMPUTER PROGRAMS ARE INHERENTLY COMPLEX, AND THE SOFTWARE AND SERVICES MAY NOT BE FREE OF ERRORS.  FUNERALONE DOES NOT GUARANTEE THAT THE SOFTWARE AND SERVICES ARE COMPLETELY SECURE.  THE SOFTWARE AND SERVICES ARE PROVIDED WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY AND PERFORMANCE IS WITH YOU.  
 
12.  LIMITATION OF LIABILITY. FUNERALONE IS NOT LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE AND SERVICES, EVEN IF FUNERALONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.   UNLESS APPLICABLE LAW PROVIDES OTHERWISE, FUNERALONE’S LIABILITY FOR ANY CLAIM RELATED TO YOUR USE OF THE SOFTWARE OR SERVICES, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, WILL NOT EXCEED THE GREATER OF U.S. $5.00 OR THE TOTAL FEES PAID BY YOU.
 
13.  INDEMNIFICATION.  If a third party files or threatens to file a claim against funeralOne in any kind of a legal proceeding based on your use of the Software or Services, you agree that you will pay funeralOne’s reasonable expenses incurred in defending the claim, including its reasonable attorney fees, and will pay any judgment or other amount that is awarded against funeralOne in connection with the claim.  For example, if a third party claims that your Website content infringes on its intellectual property and sues or threatens to sue funeralOne for providing you with the technology to publish the Web site, you will reimburse funeralOne for its legal bill to defend the claim and will pay any damages that funeralOne is ordered to pay the third party.  This indemnification requirement does not cover third party claims to the extent that they allege that funeralOne has independently engaged in misconduct, or that the Software or Services themselves infringe on the intellectual property rights of the third party. 
 
14. AUDIT.     You agree that on funeralOne’s request you will certify in writing your compliance with the terms of this Agreement, including your use of the Software to create only that number of original videos for which you have purchased a license.
 
15.  U.S. GOVERNMENT.  The Software is commercial computer software developed solely at private expense.  The rights of civilian and non-civilian agencies of the U.S. Government to use, disclose and reproduce the Software are governed by the terms of this License.  Publisher is funeralOne LLC, 407 E Fort Street, Detroit, Michigan 48226, 1-800-798-2575.
 
16.  MISCELLANEOUS.  This license is governed by the laws of the State of Michigan, U.S.A. This license is not governed by the United Nations Convention of Contracts for the International Sale of Goods.  You agree to submit to the jurisdiction of courts sitting in the State of Michigan for all purposes.  Sole and exclusive venue for any dispute arising under or relating to this agreement shall be in a court sitting in Wayne County, Michigan.   This license constitutes the complete and exclusive agreement between us, notwithstanding any provision in any purchase order or other written document.  This license may only be modified by a written document signed by funeralOne.   No funeralOne dealer or distributor is authorized to change the terms of this license.  If any provision of this license is held to be unenforceable, the remainder of the license shall not be affected, and the unenforceable provision shall be reformed to the extent necessary to make the provision enforceable.  If you are located outside the United States, then the following provision applies:  Les parties aux présentés conferment leur volonté que cette convention de même que tous les documents y compris tout avis qui SHY rattaché, soient redigés en langue anglaise. (Translation:  “The parties confirm that this Agreement and all related documentation are and will be in the English language.”)
 
Should you have any questions concerning this license, or if you desire to contact funeralOne for any reason, please contact funeralOne at:
1-800-798-2575, 407 E Fort Street, Detroit, Michigan 48226.
 
 
 
 
Third-Party Software
The following software (or certain identified files distributed with the software) may be included in this product. Unless otherwise specified, the software identified in this file is licensed under the licenses described below.
For software licensend under the GNU General Public License (GPL), the GNU Lesser General Public License (LGPL), or the Apache License, please find these licenses below.
The following terms relate only to the Third-Party Software identified below and not to the funeralOne Software.
 
 
AWS SDK for .NET
Copyright 2009-2012 Amazon Technologies, Inc.
 
Amazon.com, Inc. or its affiliates. All Rights Reserved.
 
Licensed under the Apache License, Version 2.0 (the “License”).
You may not use this file except in compliance with the License.
A copy of the License is located at
 
    http://aws.amazon.com/apache2.0/
 
or in the “license” file accompanying this file. This file is
distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS
OF ANY KIND, either express or implied. See the License for the
specific language governing permissions and limitations under the
License.
 
 
Note: Other license terms may apply to certain, identified software files contained within or distributed with the accompanying software if such terms are included in the directory containing the accompanying software. Such other license terms will then apply in lieu of the terms of the software license above.
 
 
DirectShowLib
DirectShow .NET is licensed under the GNU Lesser General Public License, Version 2.1, a copy of which is set forth below; you may not use these files except in compliance with the LGPL, a copy of which is set forth below. Unless required by applicable law or agreed to in writing, DirectShow .NET is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the GNU Lesser General Public License for the specific language governing permissions and limitations under the GNU Lesser General Public License.
You can receive a complete machine-readable copy of the source code on the website http://sourceforge.net/projects/directshownet/
 
 
FreeType
                    The FreeType Project LICENSE
                    ----------------------------
 
                            2006-Jan-27
 
                    Copyright 1996-2002, 2006 by
          David Turner, Robert Wilhelm, and Werner Lemberg
 
 
 
Introduction
============
 
  The FreeType  Project is distributed in  several archive packages;
  some of them may contain, in addition to the FreeType font engine,
  various tools and  contributions which rely on, or  relate to, the
  FreeType Project.
 
  This  license applies  to all  files found  in such  packages, and
  which do not  fall under their own explicit  license.  The license
  affects  thus  the  FreeType   font  engine,  the  test  programs,
  documentation and makefiles, at the very least.
 
  This  license   was  inspired  by  the  BSD,   Artistic,  and  IJG
  (Independent JPEG  Group) licenses, which  all encourage inclusion
  and  use of  free  software in  commercial  and freeware  products
  alike.  As a consequence, its main points are that:
 
    o We don't promise that this software works. However, we will be
      interested in any kind of bug reports. (`as is' distribution)
 
    o You can  use this software for whatever you  want, in parts or
      full form, without having to pay us. (`royalty-free' usage)
 
    o You may not pretend that  you wrote this software.  If you use
      it, or  only parts of it,  in a program,  you must acknowledge
      somewhere  in  your  documentation  that  you  have  used  the
      FreeType code. (`credits')
 
  We  specifically  permit  and  encourage  the  inclusion  of  this
  software, with  or without modifications,  in commercial products.
  We  disclaim  all warranties  covering  The  FreeType Project  and
  assume no liability related to The FreeType Project.
 
 
  Finally,  many  people  asked  us  for  a  preferred  form  for  a
  credit/disclaimer to use in compliance with this license.  We thus
  encourage you to use the following text:
 
   """ 
    Portions of this software are copyright © <year> The FreeType
    Project (www.freetype.org).  All rights reserved.
   """
 
  Please replace <year> with the value from the FreeType version you
  actually use.
 
 
Legal Terms
===========
 
0. Definitions
--------------
 
  Throughout this license,  the terms `package', `FreeType Project',
  and  `FreeType  archive' refer  to  the  set  of files  originally
  distributed  by the  authors  (David Turner,  Robert Wilhelm,  and
  Werner Lemberg) as the `FreeType Project', be they named as alpha,
  beta or final release.
 
  `You' refers to  the licensee, or person using  the project, where
  `using' is a generic term including compiling the project's source
  code as  well as linking it  to form a  `program' or `executable'.
  This  program is  referred to  as  `a program  using the  FreeType
  engine'.
 
  This  license applies  to all  files distributed  in  the original
  FreeType  Project,   including  all  source   code,  binaries  and
  documentation,  unless  otherwise  stated   in  the  file  in  its
  original, unmodified form as  distributed in the original archive.
  If you are  unsure whether or not a particular  file is covered by
  this license, you must contact us to verify this.
 
  The FreeType  Project is copyright (C) 1996-2000  by David Turner,
  Robert Wilhelm, and Werner Lemberg.  All rights reserved except as
  specified below.
 
1. No Warranty
--------------
 
  THE FREETYPE PROJECT  IS PROVIDED `AS IS' WITHOUT  WARRANTY OF ANY
  KIND, EITHER  EXPRESS OR IMPLIED,  INCLUDING, BUT NOT  LIMITED TO,
  WARRANTIES  OF  MERCHANTABILITY   AND  FITNESS  FOR  A  PARTICULAR
  PURPOSE.  IN NO EVENT WILL ANY OF THE AUTHORS OR COPYRIGHT HOLDERS
  BE LIABLE  FOR ANY DAMAGES CAUSED  BY THE USE OR  THE INABILITY TO
  USE, OF THE FREETYPE PROJECT.
 
2. Redistribution
-----------------
 
  This  license  grants  a  worldwide, royalty-free,  perpetual  and
  irrevocable right  and license to use,  execute, perform, compile,
  display,  copy,   create  derivative  works   of,  distribute  and
  sublicense the  FreeType Project (in  both source and  object code
  forms)  and  derivative works  thereof  for  any  purpose; and  to
  authorize others  to exercise  some or all  of the  rights granted
  herein, subject to the following conditions:
 
    o Redistribution of  source code  must retain this  license file
      (`FTL.TXT') unaltered; any  additions, deletions or changes to
      the original  files must be clearly  indicated in accompanying
      documentation.   The  copyright   notices  of  the  unaltered,
      original  files must  be  preserved in  all  copies of  source
      files.
 
    o Redistribution in binary form must provide a  disclaimer  that
      states  that  the software is based in part of the work of the
      FreeType Team,  in  the  distribution  documentation.  We also
      encourage you to put an URL to the FreeType web page  in  your
      documentation, though this isn't mandatory.
 
  These conditions  apply to any  software derived from or  based on
  the FreeType Project,  not just the unmodified files.   If you use
  our work, you  must acknowledge us.  However, no  fee need be paid
  to us.
 
3. Advertising
--------------
 
  Neither the  FreeType authors and  contributors nor you  shall use
  the name of the  other for commercial, advertising, or promotional
  purposes without specific prior written permission.
 
  We suggest,  but do not require, that  you use one or  more of the
  following phrases to refer  to this software in your documentation
  or advertising  materials: `FreeType Project',  `FreeType Engine',
  `FreeType library', or `FreeType Distribution'.
 
  As  you have  not signed  this license,  you are  not  required to
  accept  it.   However,  as  the FreeType  Project  is  copyrighted
  material, only  this license, or  another one contracted  with the
  authors, grants you  the right to use, distribute,  and modify it.
  Therefore,  by  using,  distributing,  or modifying  the  FreeType
  Project, you indicate that you understand and accept all the terms
  of this license.
 
4. Contacts
-----------
 
  There are two mailing lists related to FreeType:
 
    o freetype@nongnu.org
 
      Discusses general use and applications of FreeType, as well as
      future and  wanted additions to the  library and distribution.
      If  you are looking  for support,  start in  this list  if you
      haven't found anything to help you in the documentation.
 
    o freetype-devel@nongnu.org
 
      Discusses bugs,  as well  as engine internals,  design issues,
      specific licenses, porting, etc.
 
  Our home page can be found at
 
    http://www.freetype.org
 
 
--- end of FTL.TXT ---
 
 
Google Analytics Tracker Code (GATC)'s extensible data component
Copyright 2008 Adobe Systems Inc., 2008 Google Inc.
 
Licensed under the Apache License, Version 2.0 (the "License");
you may not use this file except in compliance with the License.
You may obtain a copy of the License at
 
  http://www.apache.org/licenses/LICENSE-2.0
 
Unless required by applicable law or agreed to in writing, software
distributed under the License is distributed on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
See the License for the specific language governing permissions and
limitations under the License.
 
Contributor(s):
  Zwetan Kjukov <zwetan@gmail.com>.
  Marc Alcaraz <ekameleon@gmail.com>.
 
 
ICSharpCode.SharpZipLib
The library is released under the GPL with the following exception:
Linking this library statically or dynamically with other modules is making a combined work based on this library. Thus, the terms and conditions of the GNU General Public License cover the whole combination.
As a special exception, the copyright holders of this library give you permission to link this library with independent modules to produce an executable, regardless of the license terms of these independent modules, and to copy and distribute the resulting executable under terms of your choice, provided that you also meet, for each linked independent module, the terms and conditions of the license of that module. An independent module is a module which is not derived from or based on this library. If you modify this library, you may extend this exception to your version of the library, but you are not obligated to do so. If you do not wish to do so, delete this exception statement from your version.
You can receive a complete machine-readable copy of the source code on the website http://www.icsharpcode.net/opensource/sharpziplib/
 
OpenCV
IMPORTANT: READ BEFORE DOWNLOADING, COPYING, INSTALLING OR USING.
 
By downloading, copying, installing or using the software you agree to this license.
If you do not agree to this license, do not download, install,
copy or use the software.
 
 
                       Intel License Agreement
               For Open Source Computer Vision Library
 
Copyright (C) 2000-2006, Intel Corporation, all rights reserved.
Third party copyrights are property of their respective owners.
 
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met:
 
  * Redistribution's of source code must retain the above copyright notice,
    this list of conditions and the following disclaimer.
 
  * Redistribution's in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
 
  * The name of Intel Corporation may not be used to endorse or promote products
    derived from this software without specific prior written permission.
 
This software is provided by the copyright holders and contributors "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 the Intel Corporation or contributors 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.
 
 
Windows Media Center TCP/IP Controller
Copyright (c) 2008, Jonathan Bradshaw
All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

* Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

* Neither the name of Jonathan Bradshaw nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "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 THE COPYRIGHT OWNER OR CONTRIBUTORS 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 AN