Please read the following agreement carefully before installing MotionCaster software (hereinafter, the “Software”).
This MotionCaster Software End User License Agreement (hereinafter, the “Agreement”) constitutes a legal agreement entered into between you and Softworks Company (hereinafter, “Softworks”) on the use of this Software. The Software includes the online services provided through wired/wireless networks, software products contained in the services, and all the combinations of the alpha, beta, and free/paid versions thereof. By installing, copying, or using the Software in any other manner, you are agreeing to be bound by the terms and conditions of this Agreement.
Installing the Software shall mean that you have read, understood, and consented to the Agreement.
1. Use of the Software
1) The Software is a program that is developed for the user of MotionCaster home (http://www.motioncaster.com/), and the users who are its software vendors and licensees who use the services of Softworks. You can freely install and use this Software at home, school and educational institutions (Trial version, this Software is not subject to the control of illegal software). However, using this Software at business companies, public offices, or other locations, you must consult Softworks. You may not use this Software for profit-seeking commercial services, or as any part thereof.
2) You may use this Software and its related documents strictly in accordance with the statutes concerning intellectual properties and all of the other relevant laws of the region where you use this Software.
3) You may not use this Software in connection with any device or software that is designed for the purpose of avoiding technical actions taken for protecting the content or other works (or rights to such use thereof) under the copyrights law of the region where you use this Software.
4) Because this Software is protected under the Copyright Act and the Computer Software Protection Act, you may not modify, reverse-engineer, decompile, or disassemble it beyond the limited scope explicitly allowed by such relevant laws.
2. Beta Version Releases of this Software
Beta version releases of this Software are subject to general changes in its functions, specifications, performance, characteristics, and other details, without any prior notice. In addition, beta versions of this Software may have errors that might affect its normal use. Installing any beta version of this Software shall mean that you accept the possibility of such occurrences.
3. Additional Functions and Services
1) This Software includes software that enables communication through the Internet, as part of the normal operation for the servicing thereof. The communications function is used for providing various additional functions and services of this Software, as well as for checking its license information. Installing this Software shall mean that you consent to the use of the additional functions and services of this Software, and to the checking of your license information.
2) This Software is subject to frequent communications with its update server, and automatic updates in terms of bug corrections, patches, and performance improvements through updated Software distributed by Softworks. Installing of Software shall mean that you consent to the automatic updating thereof. When this Software is updated, cases may occur where partial functions of this Software that were previously provided cannot be used according to the updating conditions.
4. Paid Licenses
1) The Agreement regarding the paid license of this Software shall be established by your consent to this Agreement, your application for the paid license, and acceptance thereof by Softworks. The other matters shall be in accordance with the policies issued by Softworks.
2) While using this Software on a paid basis, you may purchase the license at the MotionCaster homepage, or from a service provider who is authorized to sell licenses by Softworks.
3) When you make a normal payment for the charge, the license information will be sent to you at the email address saved in your profile, if you are a registered member, or to your email address entered by you for the purchase, if you are a non-registered member.
4) Payment of the amount shall mean that you also consent to the following: Softworks may provide to you various information that are deemed necessary for your use of the service by such means as email or wireless text messages, provided that you may refuse to receive such information at your discretion. However, Softworks may notify you of such matters as changes in important policies for the use of the service, which may include users who have refused to receive such information by such means as email.
5) After you purchase a Software license, you may cancel the payment if the refund warranty period defined by Softworks (no longer than 14 days) has not expired. Because you may not cancel or request a refund once license key is registered or after the refund warranty period has expired, it is recommended that you try using the free version sufficiently before purchasing a license.
6) If you use the payment information of a third party without their consent thereof, you shall be liable to civil/criminal liabilities, and may be subject to punishment under any relevant laws.
5. Refund Policies
1) Softworks will make a final refund of the remaining 10% of the amount paid for the payment processing fee if the user exceeds the refund warranty period (within 14 days) determined by the company after purchasing the software license.
2) Refund of the software is only available before registering license.
3) In the case of a product bundle where more than two licenses are involved, since it is considered a single product, a refund for the whole product is not possible if one of the licenses is registered and partial cancellation or refund for any unused license is also not allowed.
4) If you have acquired the license free of charge, and not through a normal payment, but through special services (coupons, gift cards, bonus points given by administrators), you may not cancel your payment or request a refund, because you have not made any actual payment.
5) If you breach this Agreement or any relevant laws, by such acts as sharing of your paid Software license with any third parties, or executing this Software concurrently on a number of computers with only one paid license, payment cancellations or refund requests may not be allowed.
6) In any of the following cases, it will not be counted as the number of days of service use, and Softworks will not issue compensation for any damages:
In the event Softworks cannot provide the service due to force majeure, such as national emergencies, or natural disasters;
In the event Softworks carries out regular checks according to a schedule pre-defined by it, or expands the servers, or replaces any other equipment based on advance announcements;
In the event the service cannot be provided due to causes imputable to you, such as ill intention or negligence;
In the event the service cannot be provided due to inevitable causes by virtue of the telecommunications services;
In the event the service cannot be provided due to faults of the telecommunications services provided by communications services other than Softworks; and
In the event the service cannot be provided due to shortcomings or faults of the lines and equipment owned by individual communications services used by and/or based on your selection.
6. Rights
Softworks reserves all rights (ownership and intellectual property rights) to this Software and the related documents thereof. This Software is protected under the Universal Copyright Convention. The rights to the content used by you by when using this Software shall be reserved by the legitimate copyright holder of the content, and are protected under the Copyright Act or other relevant laws. Liabilities for any problems that occur due to illegal or illegitimate use of this Software and the content thereof shall be entirely borne by the user. This Agreement does not render or guarantee any right to use such content.
7. Notes on Recording of the Copyrighted Content
Particular attention is required when you use captured content not to infringe the copyrights of third parties.
Any content you created using the software should be used for your own personal purpose only. You can be subject to legal punishment if you record the copyrighted content, such as movies and dramas, with the software and distribute it without the permission of the copyright holder. With respect to this, you assume any civil or criminal liability, and the company doesn’t take any responsibility for the violation.
8. Limitations of Liabilities
1) Any problem that occurs concerning the installation and use of this Software shall be addressed entirely at the discretion and burden of the user. Softworks shall not bear any liability for damages to your computer system or other devices, or for any loss of data caused by downloading content or data related to this Software.
2) Softworks shall ensure that obvious errors or bugs found in this Software will be corrected and updated, and carry out such corrections and updates as timely as possible. Softworks shall not ensure any warranty for unknown errors, bugs, security and performance risks, and shall not guarantee that all such errors found in this Software will be corrected. Answering questions concerning errors, bugs, solutions, security, and security risks received through the relevant service of Softworks or other channels, consulting, and provision of any related information do not constitute the warranty described in this Agreement. In addition, Softworks shall not guarantee any liabilities for matters occurring from carelessness, errors, or negligent handling of this Software.
9. Termination of the Agreement
This Agreement shall be terminated automatically if you make any breach of this Agreement. In such cases, Softworks shall not issue any notice for terminating this Agreement, nor issue any notice for terminating any Agreement that is in effect. You may at any time terminate this Agreement by uninstalling (removing) this Software. You shall bear all the responsibility for any problems that occur due to your breach of any laws or illegitimate use of this Software, even after this Agreement has been terminated.
10. Softworks Gathers User Information
When using the software, gathers the following information for checking the free version period and checking the product registration.
Gathering items: IP Address, MatherBoard Id, BIOS Id
11. Information Related to this Software
1) Websites
Motioncaster homepage: https://www.motioncaster.com
2) System Requirements
OS: Windows 7 (64bit), 8 (64bit), 8.1 (64bit), and 10 (64bit).
OS: Works on Mac OS X 10.8 and above.
3) Re-Distribution Terms
Re-distribution of this Software is prohibited in all cases without the permission by Softworks.
In particular, the use of this Software as keyword advertisements on search engines intended to solicit users, or re-distribution of this Software for other commercial purposes without the permission of Softworks shall subject you to all civil/criminal liabilities that may occur from such use or re-distribution.
Even when re-distribution is permitted by Softworks, if the re-distribution is made by the permitted party for any other purpose or usage, Softworks may withdraw such permission at any time, and may subject the permitted party to liabilities for any consequences.
In the event that you are permitted by Softworks to re-distribute this Software, it is recommended that you re-distribute it after downloading its latest version from the official MotionCaster homepage (https://www.motioncaster.com).
Re-distribution of this Software by any other means (CD, DVD, floppy diskette, or other methods) than through the Internet (online) without the permission of Softworks is prohibited.
You may not change/modify the installation file of this Software, and you may not modify, reverse-engineer, decompile, or disassemble this Software during its re-distribution.
The copyright of this Software is reserved by Softworks (https://www.motioncaster.com), and is protected by all relevant laws and international treaties.
In the case of copyrights, patent rights, or legal disputes arising from this Software, the court governing the region in which Softworks is located shall be the competent court.