Terms of Use

READ THESE TERMS CAREFULLY. ACCESS TO AND USE OF MEDIA EXCEL'S WEB SITE ("the Web Site") AND THE SOFTWARE FOUND ON IT CONSTITUTES AGREEMENT TO THE TERMS AND CONDITIONS BELOW.

NOTICE REGARDING SOFTWARE AVAILABLE ON THIS WEBSITE.

Any software that is made available to download from this server ("Software") is the confidential and proprietary property of Media Excel, Inc. ("Media Excel"). This Software is the copyrighted work of Media Excel and/or is the subject of one or more patent applications filed by Media Excel. Use of the Software is governed by the terms of the applicable license agreement, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Software is made available for downloading subject to the terms and conditions of the applicable the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, MEDIA EXCEL PROVIDES THE LICENSED SOFTWARE "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, INTEROPERABILITY WITH YOUR OTHER SOFTWARE, UNINTERRUPTED USE, OR NON-INFRINGEMENT.

RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from this server for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Media Excel, 6300 Bridge Point Parkway, Building 2, Suite 450, Austin, TX 78731, USA.

NOTICE REGARDING NON-SOFTWARE WEB SITE CONTENT.
Non-Software content and elements of the Web Site ("the Contents") are protected by copyright, trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No content or elements thereof, including (without limitation) any logo, graphic, sound or image from any Media Excel web site may be copied, modified, retransmitted, published, distributed, or publicly exhibited, without the express written permitted of Media Excel.

MEDIA EXCEL PROVIDES ALL CONTENT PUBLISHED ON THIS WEB SITE "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, UNINTERRUPTED USE, OR NON-INFRINGEMENT.

THE CONTENT AND INFORMATION PUBLISHED ON THIS WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MEDIA EXCEL MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT DESCRIBED HEREIN AT ANY TIME.
LIMITATION OF LIABILITY. IN NO EVENT SHALL MEDIA EXCEL BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES RESULTING FROM LOSS OF USE, DATA, INCOME, PROFITS, BUSINESS, OR GOODWILL THAT ARISES OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR THE CONTENT OF THE WEB SITE. THIS LIMITATION APPLIES EVEN IF MEDIA EXCEL HAS BEEN APPRISED OF THE POSSIBILITY OF A LOSS OR DAMAGES.

LINKS TO THIRD PARTY SITES. MEDIA EXCEL'S WEB SITE MAY CONTAIN LINKS TO OTHER SITES OFFERED BY THIRD PARTIES. BY CLICKING ON THESE LINKS, YOU LEAVE MEDIA EXCEL'S WEB SITE. MEDIA EXCEL DOES NOT OPERATE, AND HAS NO CONTROL OF, THESE WEB SITES AND IS IN NO WAY RESPONSIBLE FOR THE SECURITY, OPERATION, TRANSMISSION, CONTENT, OR MATERIALS OF THESE THIRD PARTY WEB SITES OR ANY LINK CONTAINED IN THESE THIRD PARTY WEB SITES, OR ANY CHANGES OR UPDATES TO SUCH SITES. THESE THIRD PARTY WEB SITES ARE COVERED BY THEIR OWN SEPARATE TERMS OF USE AND PRIVACY POLICIES, IF ANY, AND YOU ARE RESPONSIBLE FOR REVIEWING THESE SEPARATE THIRD PARTY TERMS OF USE AND PRIVACY POLICIES AND MAKING YOUR OWN DETERMINATION AS TO WHETHER YOU SHOULD CONTINUE TO USE, OR SUBMIT ANY INFORMATION TO, THESE THIRD PARTY SITES. MEDIA EXCEL IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY MEDIA EXCEL OF THE WEB SITE.

AMENDMENTS. Media Excel reserves the right to change these Terms of Use at any time with or without notice. You are responsible for periodically reviewing these Terms of Use in order to comply with any amendments.

JURISDICTION. These Terms of Use will be governed by the laws of Texas and the United States without regard to the conflicts of law provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods. The sole jurisdiction and venue for actions relating to the subject matter of these Terms of Use will be the Texas state and U.S. federal courts having jurisdiction in Travis County, Texas, and you expressly consent to the exclusive personal jurisdiction of such courts over you for such purpose.

TRADEMARKS. Media Excel, the Media Excel logo, SoftStream™, TransBurner™ and XLplayer™ and/or other Media Excel products referenced herein are trademarks or service marks of Media Excel.
Any rights not expressly granted herein are reserved.

Contact info@mediaexcel.com with questions or problems