Asuka 8)
I moved out of my parents' house yesterday! I'm so cool!
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Moonlight Shadow
- Joined: Sun Nov 24, 2002 7:12 pm
- Location: Toronto (Canada)
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EarthCurrent
- Joined: Tue Feb 12, 2002 8:27 pm
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AtomicWeezleman
- Joined: Fri Nov 08, 2002 8:10 am
- Location: Walking the earth.........
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EarthCurrent
- Joined: Tue Feb 12, 2002 8:27 pm
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AtomicWeezleman
- Joined: Fri Nov 08, 2002 8:10 am
- Location: Walking the earth.........
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the Black Monarch
- Joined: Tue Jul 09, 2002 1:29 am
- Location: The Stellar Converter on Meklon IV
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AtomicWeezleman
- Joined: Fri Nov 08, 2002 8:10 am
- Location: Walking the earth.........
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Otohiko
- Joined: Mon May 05, 2003 8:32 pm
mmm... milk... Asuka... something...
It's a fascinating topic. My curiosity as to the connection between Black Monarch's relocation, milk and Asuka has exponentially increased.
It's a fascinating topic. My curiosity as to the connection between Black Monarch's relocation, milk and Asuka has exponentially increased.
The Birds are using humanity in order to throw something terrifying at this green pig. And then what happens to us all later, that’s simply not important to them…
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NME
- Joined: Fri Jul 13, 2001 1:11 am
- Status: nauseating bliss
- Location: Far Country
CHRIST IN A CHRYSLER!
DivXNetworks DivX for Gamecube SDK Evaluation License
DivXNetworks, Inc. (“DivXNetworks”) and the below signatory of this License (“Licensee”) agree as follows:
1. License. This License covers evaluation of certain DivXNetworks software and Factor 5 software (the “Covered Software”).
2. License Fee. There is no fee for this License.
3. Licensee. The Licensee is a licensed Nintendo Gamecube developer, having entered into and executed the 'Nintendo-Gamecube Non-Disclosure Agreement’ with Nintendo of America Inc, it's parent corporation, subsidiaries, and affiliates..
4. Covered Software. This License allows Permitted Uses for the following software:
The DivXNetworks DivX Pro for Gamecube Encoder in the form of Video For Windows for the Windows 95, 98, 2000, ME, and XP operating systems (the “Encoder”)
The Factor 5 software command-line application which wraps the DivX video stream into a proprietary file format specifically for the Nintendo Gamecube platform (the “F5 File Format Conversion App”)
The Factor 5 DivX Certified MPEG-4 software decoding and player engine implemented independently and optimized specifically for the Nintendo Gamecube platform (the “F5 Player”).
5. Permitted Uses. This License allows the following Permitted Uses:
Use of the Encoder with 3rd party software to encode any amount of content for the purpose of testing the F5 Player (“Sample Encoded Content”) Use of the F5 File Format Conversion App to convert Sample Encoded Content for the purpose of testing the F5 Player
Copying of the Encoder to one PC only for the use of producing Sample Encoded Content
Copying of the F5 File Format Conversion App to one PC only for the use of converting Sample Encoded Content
Use of the F5 Player only in conjunction with Sample Encoded Content and for the express and sole purpose of decoding Sample Encoded Content
6. Restrictions. The Permitted Uses of this License are under the following restrictions:
This License is NOT VALID for distribution of the F5 Player in any form other than described in Permitted Uses above
This License is NOT VALID for distribution of the F5 File Format Conversion App in any form other than described in Permitted Uses above
This License is NOT VALID for distribution of the Sample Encoded Content or the Encoder other than described in Permitted Uses above
This License is NOT VALID for use of any other intellectual property of DivXNetworks or Factor 5
7. Term and Termination. The Permitted Uses of this License extend for a period of fifteen (15) days from the execution of this License. Upon termination, all Encoders and copies of Sample Encoded Content must be deleted. Sections 5, 6, 8, 9, 10, 11, 12, 13, and 14 shall survive termination.
8. Deliverables. Upon execution of this License, F5 will provide Licensee a .zip file containing the following:
a.one copy of the Encoder
b.one copy of the F5 Player
c.one copy of F5 Conversion App
d.documentation of the functionality and use of the Covered Software (“Materials”)
This .zip file will be delivered via FTP at Licensee’s request.
DivXNetworks WILL NOT provide applications or software for using the Encoder to create Encoded Content
DivXNetworks WILL NOT provide support for any 3rd party applications or software used to create Encoded Content
9. Confidentiality. Licensee acknowledges that it is to be given access to the Covered Software and the Materials solely for purposes of the Permitted Uses. Licensee agrees that it (1) will keep the Covered Software confidential at all times, and (2) will not copy or modify the Materials, or any copy, adaptation, transcription, or merged portion thereof, except as expressly authorized by DivXNetworks. Licensee shall limit its disclosure of the Covered Software and Materials to employees within its own organization whom DivXNetworks could reasonably expect to have a legitimate need to receive such Covered Software and Materials in order to accomplish the Permitted Uses. Licensee’s obligations under this License with respect to object code and other technical materials shall be perpetual, and its obligation with respect to other business and financial information shall be for a period of three years following the date of disclosure.
10. No Reverse-Engineering. DivXNetworks shall have sole and exclusive ownership of all right, title, and interest in and to the Covered Software and Materials, including ownership of all copyrights and trade secrets pertaining thereto, subject only to the rights and privileges expressly granted by DivXNetworks. Object code version of software programs may under no circumstances be reverse-engineered or reverse-compiled without DivXNetworks's further written consent. Licensee acknowledges that, in the event of any breach of this Agreement, DivXNetworks will not have an adequate remedy in money or damages. DivXNetworks therefore shall be entitled in such event to obtain an injunction against such breach from any court of competent jurisdiction immediately upon request. DivXNetworks's right to obtain such relief shall not limit its right to obtain other remedies.
11. Licensee Warranties. Licensee warrants and guarantees DivXNetworks, it’s affiliated companies and authorized resellers that the Licensee is, to the fullest extent, entitled to enter into this license.
12. Disclaimer of Warranty on DivXNetworks Software. Licensee expressly acknowledges and agrees that use of the DivXNetworks Software is at his sole risk. DivXNetworks Software is provided “AS IS” and without warranty of any kind and DivXNetworks and DivXNetworks's licensor(s) EXPRESSLY DISCLAIM 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. DIVXNETWORKS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE COVERED SOFTWARE WILL MEET LICENSEE’S BUSINESS REQUIREMENTS, OR THAT THE OPERATION OF THE DIVXNETWORKS SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE DIVXNETWORKS SOFTWARE WILL BE CORRECTED. FURTHERMORE, DIVXNETWORKS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE DIVXNETWORKS SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DIVXNETWORKS OR A DIVXNETWORKS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE DIVXNETWORKS SOFTWARE PROVE DEFECTIVE, LICENSEE (AND NOT DIVXNETWORKS OR AN DIVXNETWORKS AUTHORIZED REPRESENTATIVE) 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. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING DIVXNETWORKS PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY DIVXNETWORKS’S NEGLIGENCE.
13. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, SHALL DIVXNETWORKS OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO RECIPIENT OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF DIVXNETWORKS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. FURTHER, IN NO EVENT SHALL DIVXNETWORKS'S LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT EXCEED THE LICENSE FEE PAID TO DIVXNETWORKS FOR THE ENCODER. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply.
14. Governing Law. This License shall be governed by the laws of the State of California and Licensee further consents to jurisdiction by the state and federal courts sitting in the State of California. This License will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. If either DivXNetworks or Licensee employs attorneys to enforce any rights arising out of or relating to this License, the prevailing party shall be entitled to recover reasonable attorneys' fees.
15. Miscellaneous. This License constitutes the complete and exclusive agreement between DivXNetworks and Licensee with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. This License may not be modified except in a writing duly signed by an authorized representative of DivXNetworks and Licensee. THE ACCEPTANCE OF ANY EVALUATIONORDER PLACED BY LICENSEE FOR THE COVERED SOFTWARE IS EXPRESSLY MADE CONDITIONAL ON LICENSEE’S ASSENT TO THE TERMS AND CONDITIONS SET FORTH HEREIN, AND DIVXNETWORKS AGREES TO FURNISH THE COVERED SOFTWARE ONLY UPON THESE TERMS AND CONDITIONS. If any provision of this License is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability (i) of such provision under other circumstances, or (ii) of the remaining provisions hereof under all circumstances. Headings shall not be considered in interpreting this License.
COPYRIGHT © 2001 BY DivXNetworks. ALL RIGHTS RESERVED.
DivX is a trademark of DivXNetworks, Inc.
DivXNetworks, Inc. 10350 Science Center Drive, Suite 140 San Diego CA, 92122. 858-909-5300. Email: legal@divxnetworks.com
DivXNetworks, Inc.
Licensee Company: ______________________________
Name: Darrius Thompson
Name: ___________________________________________
Title: Director
Title: ____________________________________________
Signature: ________________________________________
Signature: ________________________________________
Date: ____________________________________________
Date: ____________________________________________
DivXNetworks DivX for Gamecube SDK Evaluation License
DivXNetworks, Inc. (“DivXNetworks”) and the below signatory of this License (“Licensee”) agree as follows:
1. License. This License covers evaluation of certain DivXNetworks software and Factor 5 software (the “Covered Software”).
2. License Fee. There is no fee for this License.
3. Licensee. The Licensee is a licensed Nintendo Gamecube developer, having entered into and executed the 'Nintendo-Gamecube Non-Disclosure Agreement’ with Nintendo of America Inc, it's parent corporation, subsidiaries, and affiliates..
4. Covered Software. This License allows Permitted Uses for the following software:
The DivXNetworks DivX Pro for Gamecube Encoder in the form of Video For Windows for the Windows 95, 98, 2000, ME, and XP operating systems (the “Encoder”)
The Factor 5 software command-line application which wraps the DivX video stream into a proprietary file format specifically for the Nintendo Gamecube platform (the “F5 File Format Conversion App”)
The Factor 5 DivX Certified MPEG-4 software decoding and player engine implemented independently and optimized specifically for the Nintendo Gamecube platform (the “F5 Player”).
5. Permitted Uses. This License allows the following Permitted Uses:
Use of the Encoder with 3rd party software to encode any amount of content for the purpose of testing the F5 Player (“Sample Encoded Content”) Use of the F5 File Format Conversion App to convert Sample Encoded Content for the purpose of testing the F5 Player
Copying of the Encoder to one PC only for the use of producing Sample Encoded Content
Copying of the F5 File Format Conversion App to one PC only for the use of converting Sample Encoded Content
Use of the F5 Player only in conjunction with Sample Encoded Content and for the express and sole purpose of decoding Sample Encoded Content
6. Restrictions. The Permitted Uses of this License are under the following restrictions:
This License is NOT VALID for distribution of the F5 Player in any form other than described in Permitted Uses above
This License is NOT VALID for distribution of the F5 File Format Conversion App in any form other than described in Permitted Uses above
This License is NOT VALID for distribution of the Sample Encoded Content or the Encoder other than described in Permitted Uses above
This License is NOT VALID for use of any other intellectual property of DivXNetworks or Factor 5
7. Term and Termination. The Permitted Uses of this License extend for a period of fifteen (15) days from the execution of this License. Upon termination, all Encoders and copies of Sample Encoded Content must be deleted. Sections 5, 6, 8, 9, 10, 11, 12, 13, and 14 shall survive termination.
8. Deliverables. Upon execution of this License, F5 will provide Licensee a .zip file containing the following:
a.one copy of the Encoder
b.one copy of the F5 Player
c.one copy of F5 Conversion App
d.documentation of the functionality and use of the Covered Software (“Materials”)
This .zip file will be delivered via FTP at Licensee’s request.
DivXNetworks WILL NOT provide applications or software for using the Encoder to create Encoded Content
DivXNetworks WILL NOT provide support for any 3rd party applications or software used to create Encoded Content
9. Confidentiality. Licensee acknowledges that it is to be given access to the Covered Software and the Materials solely for purposes of the Permitted Uses. Licensee agrees that it (1) will keep the Covered Software confidential at all times, and (2) will not copy or modify the Materials, or any copy, adaptation, transcription, or merged portion thereof, except as expressly authorized by DivXNetworks. Licensee shall limit its disclosure of the Covered Software and Materials to employees within its own organization whom DivXNetworks could reasonably expect to have a legitimate need to receive such Covered Software and Materials in order to accomplish the Permitted Uses. Licensee’s obligations under this License with respect to object code and other technical materials shall be perpetual, and its obligation with respect to other business and financial information shall be for a period of three years following the date of disclosure.
10. No Reverse-Engineering. DivXNetworks shall have sole and exclusive ownership of all right, title, and interest in and to the Covered Software and Materials, including ownership of all copyrights and trade secrets pertaining thereto, subject only to the rights and privileges expressly granted by DivXNetworks. Object code version of software programs may under no circumstances be reverse-engineered or reverse-compiled without DivXNetworks's further written consent. Licensee acknowledges that, in the event of any breach of this Agreement, DivXNetworks will not have an adequate remedy in money or damages. DivXNetworks therefore shall be entitled in such event to obtain an injunction against such breach from any court of competent jurisdiction immediately upon request. DivXNetworks's right to obtain such relief shall not limit its right to obtain other remedies.
11. Licensee Warranties. Licensee warrants and guarantees DivXNetworks, it’s affiliated companies and authorized resellers that the Licensee is, to the fullest extent, entitled to enter into this license.
12. Disclaimer of Warranty on DivXNetworks Software. Licensee expressly acknowledges and agrees that use of the DivXNetworks Software is at his sole risk. DivXNetworks Software is provided “AS IS” and without warranty of any kind and DivXNetworks and DivXNetworks's licensor(s) EXPRESSLY DISCLAIM 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. DIVXNETWORKS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE COVERED SOFTWARE WILL MEET LICENSEE’S BUSINESS REQUIREMENTS, OR THAT THE OPERATION OF THE DIVXNETWORKS SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE DIVXNETWORKS SOFTWARE WILL BE CORRECTED. FURTHERMORE, DIVXNETWORKS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE DIVXNETWORKS SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DIVXNETWORKS OR A DIVXNETWORKS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE DIVXNETWORKS SOFTWARE PROVE DEFECTIVE, LICENSEE (AND NOT DIVXNETWORKS OR AN DIVXNETWORKS AUTHORIZED REPRESENTATIVE) 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. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING DIVXNETWORKS PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY DIVXNETWORKS’S NEGLIGENCE.
13. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, SHALL DIVXNETWORKS OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO RECIPIENT OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF DIVXNETWORKS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. FURTHER, IN NO EVENT SHALL DIVXNETWORKS'S LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT EXCEED THE LICENSE FEE PAID TO DIVXNETWORKS FOR THE ENCODER. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply.
14. Governing Law. This License shall be governed by the laws of the State of California and Licensee further consents to jurisdiction by the state and federal courts sitting in the State of California. This License will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. If either DivXNetworks or Licensee employs attorneys to enforce any rights arising out of or relating to this License, the prevailing party shall be entitled to recover reasonable attorneys' fees.
15. Miscellaneous. This License constitutes the complete and exclusive agreement between DivXNetworks and Licensee with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. This License may not be modified except in a writing duly signed by an authorized representative of DivXNetworks and Licensee. THE ACCEPTANCE OF ANY EVALUATIONORDER PLACED BY LICENSEE FOR THE COVERED SOFTWARE IS EXPRESSLY MADE CONDITIONAL ON LICENSEE’S ASSENT TO THE TERMS AND CONDITIONS SET FORTH HEREIN, AND DIVXNETWORKS AGREES TO FURNISH THE COVERED SOFTWARE ONLY UPON THESE TERMS AND CONDITIONS. If any provision of this License is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability (i) of such provision under other circumstances, or (ii) of the remaining provisions hereof under all circumstances. Headings shall not be considered in interpreting this License.
COPYRIGHT © 2001 BY DivXNetworks. ALL RIGHTS RESERVED.
DivX is a trademark of DivXNetworks, Inc.
DivXNetworks, Inc. 10350 Science Center Drive, Suite 140 San Diego CA, 92122. 858-909-5300. Email: legal@divxnetworks.com
DivXNetworks, Inc.
Licensee Company: ______________________________
Name: Darrius Thompson
Name: ___________________________________________
Title: Director
Title: ____________________________________________
Signature: ________________________________________
Signature: ________________________________________
Date: ____________________________________________
Date: ____________________________________________
nil per os
