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This End User License Agreement (EULA) is an agreement between you and
GoPro, Inc. (GoPro). It governs your use of the Software (unless you and
GoPro have executed a separate agreement governing use of the Software).
The Software may send GoPro certain information as described in Section 3,
and this information is governed by GoPros Privacy Policy (available at
http://gopro.com/privacy-policy). Permission to use the Software is
conditional upon your acceptance of this EULA. By clicking on the I accept
button below or by downloading, installing or using the Software, you have
indicated that you understand AND AGREE TO (1) this EULA AND (2)
GOPROS PRIVACY POLICY (available at http://gopro.com/privacy-policy).
8. Your Content. In order to create User Videos using the Software, you must
use your own, original video content (Content). By using your Content in
connection with the Software, you represent and warrant that you own
and/or have all necessary rights to the Content to use it as contemplated by
the Software. As between GoPro and you, you retain all right, title and
interest in your Content, including all intellectual property rights.
11. INDEMNITY. You shall indemnify and hold GoPro harmless from any
claims, damages, liabilities, costs and fees (including reasonable attorney
fees) arising from (i) your use of the Software (including the GoPro Edit
Templates), (ii) your failure to comply with any term of this EULA; and (iii)
any claim that your Content infringes the intellectual property rights or other
proprietary rights of a third party.
12. TERM AND TERMINATION. The license granted under this EULA shall
continue in effect until terminated. You may terminate this EULA at any time
by destroying all copies of the Software in your possession or control. The
license and this EULA will automatically terminate, with or without notice
from GoPro, if you violate any provision of this EULA. Any termination of this
EULA shall also terminate the licenses granted hereunder. Upon termination
of this EULA for any reason, you shall promptly destroy and remove from all
computers, hard drives, networks, and other storage media all copies of the
Software in your possession or control and cease all use of the Software. You
shall not be entitled to any refund as a result of any termination of this
Agreement. Sections 2, 4, 5, and 8 through 15, shall survive termination or
expiration of this EULA.
13. U.S. GOVERNMENT END USERS. The Software and Documentation are
commercial items as that term is defined in FAR 2.101, consisting of
commercial computer software and commercial computer software
documentation, respectively, as such terms are used in FAR 12.212 and
DFARS 227.7202. If the Software and Documentation are being acquired by
or on behalf of the U.S. Government, then, as provided in FAR 12.212 and
DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Governments
rights in the Software and Documentation will be only those specified in this
EULA.
14. EXPORT LAW. You agree to comply fully with all U.S. export laws and
regulations to ensure that neither the Software nor any technical data related
thereto nor any direct product thereof are exported or re-exported directly or
indirectly in violation of, or used for any purposes prohibited by, such laws
and regulations.
15. MISCELLANEOUS. This Agreement represents the complete
understanding and agreement concerning the subject matter between the
parties and supersedes all prior agreements, understandings and
communications, oral or written, between the parties, unless you and GoPro
have executed a separate agreement. GoPro reserves the right to modify this
EULA and will give you reasonable notice of any changes. Your continued
use of the Software after such notice will indicate your consent to any such
changes. If any provision of this Agreement is held to be unenforceable for
any reason, such provision shall be enforced to the maximum extent possible
and the other provisions will remain in full force and effect. The failure by
either party to enforce any provision of this EULA will not constitute a waiver
of future enforcement of that or any other provision. You may not assign or
transfer this EULA or any rights granted hereunder, by operation of law or
otherwise, without GoPros prior written consent, and any attempt by you to
do so, without such consent, will be void. GoPro expressly reserves the right
to freely assign this Agreement and to delegate any of its obligations
hereunder. This Agreement shall be governed by and construed under
California law, without regard to conflict of laws principles. The United
Nations Convention on Contracts for the International Sale of Goods will not
apply. The sole and exclusive jurisdiction and venue for any legal action or
proceeding arising under this EULA shall be the state and federal courts in
San Mateo County, California, and the parties hereby consent to the personal
jurisdiction and venue therein.
16. CONTACT INFORMATION. If you have any questions regarding this EULA,
you may contact GoPro through GoPros support page at
http://gopro.com/help.