DivX Content Production Licensing

We offer a special, pre-set Content Production License Package for customers who wish to use DivX® software to create and distribute videos. With this license, you can:

Convert video footage to highly compressed DivX video
Encode using built-in profiles at set resolutions—from mobile to HD
Transfer DivX video via disc, memory card, USB drive, network or the Internet
Guarantee playback on any computer with the included DivX Player application

The package costs US $1500 and includes:

1 copy of DivX Pro for Windows or Mac for content creation
Up to 1000 copies of DivX Player for redistribution
Commercial license to use DivX software and redistribute DivX content
A one-year term

In addition to this pre-set Content Production License Package, we also offer discounts on Volume Licensing which you may want to read about before deciding on your purchase.

To purchase a Content Production License Package, read and agree to the terms and conditions below before proceeding to the check-out cart.

Terms and Conditions

DivX Content Production Agreement
	BY CLICKING ON THE "I AGREE WITH THESE TERMS" BUTTON, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ORDER THIS PRODUCT.
	GRANT OF LICENSE. DivX, Inc. ("DXN") grants you a limited, non-exclusive, non-transferable, non-assignable, non-sublicenseable license ("License") to use the DivX Software (defined below) as follows: 
	a.	use one (1) seat of the DivX Pro for Windows for the encoding and playback via fixed media and/or digital download of multimedia content and 
	b.	copy and distribute up to one thousand (1,000) units of the DivX Player, via fixed media and/or digital download, with the content created using the DivX Pro for Windows, provided that you agree and do adhere to all of the terms and conditions of this License. 
	This License is an express limited use license and not an assignment, sale or other transfer of any software, documentation or Intellectual Property Rights (defined below) belonging to DXN. The DivX Software licensed herein consists solely of the software and documentation specified in the license option you selected from the content production licensing menu page at http://www.divx.com/company/partner/licensing.php.
	ASSENT. By placing the order for the DivX Software you selected and/or making payment for it, or receiving, installing, copying or otherwise using the DivX Software, you agree that this License is a legally binding and valid contract between you and DXN and agree to abide by (i) all applicable intellectual property laws protecting the DivX Software and DXN's rights therein and (ii) all of the terms and conditions of this License. You further agree to take all necessary steps to ensure that these terms and conditions are not violated by any person or entity under your control or service.
	OWNERSHIP. DXN and its licensors own and/or control certain proprietary rights, including without limitation copyright, patent, trade secret and trademark rights ("Intellectual Property Rights"), in the DivX Pro for Windows and DivX Player and in the related documentation (including design, systems and user documentation) DXN will provide you in connection with your purchase and use of the DivX Pro for Windows and DivX Player (collectively, "DivX Software"). ALL INTELLECTUAL PROPERTY RIGHTS IN AND TO THE DIVX SOFTWARE ARE AND SHALL REMAIN IN DXN OR ITS LICENSORS.
	TERMS AND CONDITIONS. DivX Software is not sold but licensed to you, subject to these terms and conditions: 
	a.	The DivX Software is conveyed as a stand alone product only and shall only be marketed or distributed to end user consumers for personal, non-commercial use and in each case distributed with the End User License Agreement provided to you by DXN; you shall not market or distribute DivX Software for commercial use; 
	b.	Neither the DivX Software nor any content created and/or distributed with the DivX Software may be distributed or bundled with any other software or hardware; 
	c.	You may only distribute the DivX Software and the content you create using the DivX Software for free and may not charge for any such distribution; 
	d.	You shall have no right to appoint any other person, firm or entity as reseller, distributor or agent for the DivX Software, and shall not describe yourself as an agent or representative of DXN except as expressly authorized herein; 
	e.	You will not cause or permit anything which may damage the Intellectual Property Rights or goodwill of DXN; 
	f.	You will not apply for registration of any trademarks, service marks, trade names or other indications of source of DXN products confusingly similar to DivX® or any other marks owned and/or controlled by DXN; 
	g.	Other than as expressly granted herein, DXN grants you no right or license to any Intellectual Property Rights of DXN, including without limitation any trademarks, service marks and trade names owned and/or controlled by DXN; 
	h.	DXN makes no representations regarding any fees relating to the DivX Software that may be payable to any third party, including without limitation MPEG-LA and any MP3 licensing entity; 
	i.	You will be responsible for all returns, claims and/or requests for technical support by your customers; DXN will not accept returns of DivX Software from you or your customers, nor will it provide you or your customers refunds or reimbursement relating to the DivX Software; 
	j.	You are expressly prohibited from copying, modifying, merging, selling, leasing, licensing, sublicensing, redistributing, assigning, or transferring in any manner, DivX Software or any portion thereof, except as otherwise explicitly provided in this License, provided that you may make a single copy of the DivX Software for backup purposes only; 
	k.	You are expressly prohibited from reverse engineering, decompiling, translating, disassembling, deciphering, decrypting, or otherwise attempting to discover the source code of the DivX Software, or otherwise modifying, altering, adapting, porting, or merging the DivX Software; 
	l.	You may not remove, alter, deface, overprint or otherwise obscure any DXN patent, trademark, service mark or copyright notices; 
	m.	You agree that the DivX Software will not be shipped, transferred or exported into any other country, or used in any manner prohibited by any government agency or any export laws, restrictions or regulations; 
	n.	You shall not publish or distribute in any form of electronic or printed communication the materials within or otherwise related to the DivX Software, including but not limited to the object code, documentation, help files, examples and benchmarks; 
	o.	You shall not use, distribute or sell the DivX Software in association with any form of digital rights management (except as supplied by DXN) or video on demand; 
	p.	You shall not use, distribute or sell the DivX Software in association with any content streaming or broadcast of content without the prior written permission of DXN; 
	q.	You shall not use, distribute or sell the DivX Software in association with any form of adult content; 
	r.	You shall not "transcode" or convert video content from DivX video format into another video format or video disc format; and 
	s.	DXN reserves the right but is under no obligation to include your name and logo in DXN publicity and marketing materials relating to the DivX Software. 
	SUPPORT. Upon your request, DXN will provide you with telephone or e-mail technical support, not to exceed one (1) hour in any calendar month. Additional blocks of support time may be purchased at the rate of Two Hundred Dollars (US$200) per hour at a minimum of five (5) hours.
	TERM. This License is effective for one (1) year from the date of purchase of the DivX Software. DXN may revoke this License at any time in its sole discretion. You may terminate this License at any time by uninstalling the DivX Software and destroying all copies of the DivX Software. Upon any termination, you agree to uninstall the DivX Software and return or destroy all copies of the DivX Software, any accompanying documentation, and all other associated materials. Those rights and obligations which by their very nature are intended to survive termination of this License, including without limitation those rights and obligations included in the section entitled Terms and Conditions, shall survive. 
	YOUR WARRANTIES. You warrant that you are entitled to enter into this License under all applicable laws and regulations. If any claim is raised against DXN or its licensors by a third party as a result of your acts or omissions or the acts or omissions of any person or entity under your control or service, including without limitation any breach of the terms or conditions of this License, you will indemnify and hold harmless DXN and its licensors to the fullest extent from such claim. 
	DISCLAIMER OF WARRANTY. You expressly acknowledge and agree that use of the DivX Software is at your sole risk. DivX Software is provided "AS IS" and without warranty of any kind. DXN EXPRESSLY DISCLAIMS 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. DXN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE DIVX SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE DIVX SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DIVX SOFTWARE WILL BE ACCURATE OR RELIABLE; OR THAT THE QUALITY OF THE DIVX SOFTWARE WILL MEET YOUR EXPECTATIONS; OR THAT DEFECTS IN THE DIVX SOFTWARE WILL BE CORRECTED; OR THAT YOUR USE, COPYING OR DISTRIBUTION OF THE DIVX SOFTWARE DOES NOT VIOLATE THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS. FURTHERMORE, DXN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE DIVX SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DXN OR A DXN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY.
	IF CALIFORNIA LAW IS NOT HELD TO APPLY TO THIS LICENSE FOR ANY REASON, THEN IN JURISDICTIONS WHERE WARRANTIES, GUARANTEES, REPRESENTATIONS AND/OR CONDITIONS OF ANY TYPE MAY NOT BE DISCLAIMED, ANY SUCH WARRANTY, GUARANTEE, REPRESENATION AND/OR WARRANTY IS: (1) HEREBY LIMITED TO THE PERIOD OF EITHER (A) THIRTY (30) DAYS FROM THE DATE OF DOWNLOAD OF THE DIVX SOFTWARE OR (B) THE SHORTEST PERIOD ALLOWED BY LAW IN THE APPLICABLE JURISDICTION IF A THIRTY (30) DAY LIMITATION WOULD BE UNENFORCEABLE; AND (2) DXN'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 DIVX SOFTWARE. 
	LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, SHALL DXN BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE OR GOODWILL OR DATA OR PROFITS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE DIVX SOFTWARE, EVEN IF DXN SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. FURTHER, IN NO EVENT SHALL DXN'S LIABILITY UNDER ANY PROVISION OF THIS LICENSE EXCEED THE FEES PAID TO DXN FOR THE DIVX SOFTWARE. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 
	SEVERABILITY. In the event any provision of this License 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 therefor. 
	ENTIRE AGREEMENT. This License contains the entire understanding and agreement between you and DXN, supersedes all prior understandings, communications or agreements, whether written or oral, with respect to the DivX Software, and may be amended only in a writing signed by both parties.
	GOVERNING LAW. This License shall be governed by the laws of the State of California and you consent to the exclusive jurisdiction of the state and federal courts sitting in the State of California. This License is not governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. If attorneys are employed to enforce any rights arising out of or relating to this License, the prevailing party shall be entitled to recover reasonable attorneys' fees. THE ACCEPTANCE OF ANY ORDER PLACED BY YOU FOR THE DIVX SOFTWARE IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THESE TERMS AND CONDITIONS, AND DXN AGREES TO FURNISH YOU THE DIVX SOFTWARE ONLY UPON THESE TERMS AND CONDITIONS.

If you have questions about DivX Distribution Licensing, please email DivXSWLicensing@divxcorp.com.

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