YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING OR INSTALLING 123 COPYDVD PLATINUM, 123MOVIES2MOBILES, 123COPYDVD OR 123COPYDVD GOLD SOFTWARE (THE “SOFTWARE”). THE SOFTWARE IS LICENSED BY BLING SOFTWARE LIMITED TO ITS CUSTOMERS FOR THEIR USE EXCLUSIVELY AS MORE PARTICULARLY SET FORTH IN THIS AGREEMENT BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. USING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS.

GRANT OF LICENSE: BLING SOFTWARE LIMITED (the 'Licensor') grants to you solely during the Term (as defined below), this personal, limited, non-exclusive, non-transferable, non-assignable license solely to use a single copy of the Licensed Works, as defined below, for use by a single concurrent user only in connection with a single computer, workstation, personal assistant or other electronic device for which the Software has been designed, and solely provided that you adhere to all of the terms and conditions of this Agreement. The foregoing is an express limited use license and not an assignment, sale, or other transfer of the Licensed Works or any Intellectual Property Rights, as defined below, of Licensor.

DEFINITION: For purposes of this Agreement, the terms 'you', 'your,' 'yourself,' or 'user' are synonymous, and refer to any natural person or legal entity that purchases a license to use a single copy of the Licensed Works from Licensor or a Licensor authorized reseller.

ASSENT: By installing the Software on a device capable of storing a copy of, or executing, the Software, you agree that this Agreement is a legally binding and valid contract, agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement, and further agree to take all necessary steps to ensure that the terms and conditions of this Agreement are not violated by any officer, director, employee, family member or other person or entity under your control or in your service.

OWNERSHIP OF SOFTWARE: The Licensor and/or its affiliates own certain rights relating to the Software and that may exist from time to time in this or any other jurisdiction, whether foreign or domestic, under patent law, copyright law, publicity rights law, moral rights law, trade secret law, trademark law, unfair competition law or other similar protections (collectively, the “Intellectual Property Rights”), regardless of whether such Intellectual Property Rights are registered or perfected and regardless of whether such Intellectual Property Rights accrue to Licensor directly or by an express or implied license in the Software, together with any related documentation (including design, systems and user) and other materials used in connection with the Software, all as contained in the application when and as installed from the Software provided to you by Licensor (collectively, the 'Licensed Works'). ALL INTELLECTUAL PROPERTY RIGHTS IN AND TO THE LICENSED WORKS ARE AND SHALL REMAIN IN LICENSOR AND THE LICENSE HEREUNDER SHALL IN NO WAY DIMINISH LICENSOR’S RIGHT, TITLE AND INTEREST THEREIN. All rights not expressly licensed to you in this License Agreement are expressly reserved by Licensor.

NO COPYRIGHT INFRINGEMENT:
The Software is designed to facilitate your lawful copying from one medium to another of works you either own or to which you have been granted a license that authorizes you to make such copies. You acknowledge that it is a violation of this Agreement to use the Software or any other Licensed Works in order to avoid or defeat technologies that protect the rights of copyright owners. As a condition to your use of the Licensed Works, you agree that you will not use the Licensed Works to violate the intellectual property rights of others, or otherwise for any purpose that will infringe the rights of copyright owners, including the unauthorized copying, distribution, modification, public display and public performance of their copyrighted works and that the Licensed Works are not intended to be used for such purposes. Your right to use the Software and other Licensed Works automatically terminates without further act on the part of Licensor if you use the Software or other Licensed Works for purposes of avoiding or defeating technologies that protect the rights of a copyright owner, or otherwise infringing the copyrights or other intellectual property rights of others.

NO COMMERCIAL USE: This License Agreement grants you the right to use the Licensed Works for personal use only. Commercial use of the Licensed Works or of the work products resulting from their use is not permitted under this License Agreement.

RESTRICTIONS:

(a) You are expressly prohibited from copying, modifying, merging, selling, leasing, redistributing, assigning, or transferring in any manner, the Software or any other Licensed Works, or any portion thereof.

(b) You may make a single copy of the Software provided to you only as required for backup purposes.

(c) You are also expressly prohibited from reverse engineering, decompiling, translating, disassembling, deciphering, decrypting, or otherwise attempting to discover the source code of the Licensed Works, which contain proprietary material of Licensor and/or other third-party licensors. You may not otherwise modify, alter, adapt, or merge the Licensed Works.

(d) You may not remove, alter, deface, overprint or otherwise obscure patent, trademark, service mark, logo or copyright notices contained in the Software.

(e) You agree that the Licensed Works will not be shipped, sent, transferred or exported into any other country, or used in any manner prohibited by any government agency or any export laws, restrictions or regulations. You acknowledge that the exportation of the Software or any part of the Licensed Works may be a criminal violation of United States laws governing the export of technology.

(f) You may not publish or distribute in any form of electronic or printed communication the materials within or otherwise related to Licensed Works, including but not limited to the object code, documentation and help files.

SUPPORT:

(i) Licensor will provide you with the support services ('Support Services') as defined below for a period of one year upon:

(a) payment for the Software License; and

(b) successful online activation of the Software and completion of Customer Registration Form.

(ii) Support Services shall be limited to:

(a) online chat based support from authorized support representatives through www.123copydvd.com

(b) software updates (not including software updates that are only made available to others subject to payment of a fee) ;

(c) extended technical support via e-mail and online knowledgebase, such support only available during Licensor’s then current regular business hours for providing such support, which hours may change from time-to-time without notice;

TERM: This Agreement is effective upon installation of the Software and shall remain in effect for the shorter of one year or the earlier termination thereof as provided herein (the “Term”). You may terminate this Agreement at any time by uninstalling the Licensed Works and destroying all copies of the Licensed Works. Upon any termination, you agree to uninstall the Licensed Works and return or destroy all copies of the Licensed Works, any accompanying documentation, and all other associated materials.

GOVERNING LAW: This License Agreement shall be governed by the laws of Gibraltar, and any disputes arising in respect of it shall be determined in the exclusive jurisdiction of the Supreme Court of Gibraltar.

LICENSOR'S WARRANTIES AND DISCLAIMER:

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN LICENSOR AND YOU, THE LICENSED WORKS ARE PROVIDED 'AS IS' AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT (i) THE LICENSED WORKS WILL MEET YOUR REQUIREMENTS, (ii) THE USE OF THE LICENSED WORKS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LICENSED WORKS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF THE LICENSED WORKS WILL MEET YOUR EXPECTATIONS, AND/OR (v) ANY ERRORS IN THE LICENSED WORKS WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF GIBRALTAR LAW IS NOT HELD TO APPLY TO THIS AGREEMENT FOR ANY REASON, THEN IN JURISDICTIONS WHERE WARRANTIES, GUARANTEES, REPRESENTATIONS, AND/OR CONDITIONS OF ANY TYPE MAY NOT BE DISCLAIMED, ANY SUCH WARRANTY, GUARANTEE, REPRESENTATION AND/OR WARRANTY IS: (1) HEREBY LIMITED TO THE PERIOD OF EITHER (A) THIRTY (30) DAYS FROM THE DATE OF INSTALLING THE FILES CONTAINING THE LICENSED WORKS OR (B) THE SHORTEST PERIOD ALLOWED BY LAW IN THE APPLICABLE JURISDICTION IF A THIRTY (30) DAY LIMITATION WOULD BE UNENFORCEABLE; AND (2) LICENSOR'S SOLE LIABILITY FOR ANY BREACH OF ANY SUCH WARRANTY, GUARANTEE, REPRESENTATION, AND/OR CONDITION SHALL BE TO PROVIDE YOU WITH A NEW COPY OF THE LICENSED WORKS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR OR ITS SUPPLIERS ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE OF ANY MACHINE, COMPUTER OR TELEPHONIC DEVICE, DATA OR PROFITS, WHETHER OR NOT LICENSOR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE LICENSED WORKS. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

THE LIMITATIONS OF DAMAGES OR LIABILITY AND THE DISCLAIMERS OF WARRANTIES SET FORTH IN THIS AGREEMENT ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LICENSOR AND YOU. YOU ACKNOWLEDGE AND AGREE THAT LICENSOR WOULD NOT BE ABLE TO PROVIDE THE LICENSED WORKS ON AN ECONOMIC BASIS WITHOUT SUCH LIMITATIONS AND THAT LICENSOR HAS SET ITS PRICES FOR THE LICENSE TO THE LICENSED WORKS IN RELIANCE UPON SUCH LIMITATIONS OF DAMAGES AND LIABILITY AND DISCLAIMERS OF WARRANTIES.

YOUR WARRANTIES: You expressly agree and represent that, as to your use of the Licensed Works with respect to other works such as audio and video files the copyright to which is owned by others, such other works, your use of them, and your use of the Licensed Works in combination with such other works will not infringe upon the rights of any third party under copyright or any other applicable intellectual property laws such as trademark, patent or publicity and privacy laws. You will defend and indemnify the Licensor against any claims arising out of any breach or alleged breach of your warranty and representation, and in connection therewith the Licensor shall be entitled to retain counsel of its own choice at your expense.

SEVERABILITY: In the event any provision of this License Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted therefore.

ENTIRE AGREEMENT: This License Agreement sets forth the entire understanding and agreement between you and Licensor and supersedes all prior agreements, whether written or oral, with respect to the Licensed Works, and may be amended only in a writing signed by both parties.

Bling Software Limited