END-USER LICENSE AGREEMENT NOTICE TO USER: Please, read this carefully. By installing or using the Software you (Licensee) accept all the terms and conditions of this Agreement. If you (Licensee) do not agree, do not install or use this Software. 1. DEFINITIONS When used in this Agreement, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined: "Licensor" means Marino Pečar, author of the Software. "Licensee" means you or your Company, unless otherwise indicated. "Software" means (a) all of the contents of the files with which this Agreement is provided ("FLAC to MP3 simpler" (FLAMP3r) software), including but not limited to (i) related explanatory written materials or files ("Documentation") (if any); and (ii) Software setup files and code samples (if any); and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to Licensee by the Licensor (collectively, "Updates"). "Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software. "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. "FFmpeg executable file" means executable binary file ffmpeg.exe from FFmpeg project (FFmpeg project information available at https://ffmpeg.org). 2. GENERAL USE The Software is the property of Licensor. The Software is licensed and not sold. Licensee is granted a revocable, non-exclusive, non-transferable, limited right to install and use the downloaded Software for any purposes for an unlimited period of time. All rights not explicitly granted to Licensee in this Agreement are reserved by the Licensor. The Software is provided free of charge. Even though a license fee is not paid for the use of the Software, it does not mean that there are no conditions for using the Software. 2.1. The Software may be installed and Used by the Licensee for any legal purpose. 2.2. The Software may be installed and Used by the Licensee on any number of computers owned, leased or controlled by the Licensee. 2.3. The Software can be copied and distributed under the condition that original copyright notice and disclaimer of warranty will stay intact and the Licensee will not charge money or fees for the Software product. 2.4. The Licensee will not have any proprietary rights in and to the Software. The Licensee acknowledges and agrees that the Licensor retains all copyrights and other proprietary rights in and to the Software. 2.5 Use within the scope of this Agreement is free of charge and no royalty or licensing fees shall be paid by the Licensee. 2.6 Licensee may not use, copy, emulate, clone, rent, lease, sublicense, loan, lend, sell, modify, improve, enhance, derivate work from the Software, decompile, disassemble, otherwise reverse engineer, translate, translate to another computer language, or transfer any version of the Software, or any subset of it, except as provided for in this Agreement. Any such unauthorized use shall result in immediate and automatic termination of this Agreement and may result in criminal and/or civil prosecution. 2.7 Licensee may not use the Software for creation of another product, service or software or as part of another product, service or software. 2.8 Any prohibited action stated in this Agreement is allowed to Licensee only with explicit Licensors permission. 3. INTELLECTUAL PROPERTY RIGHTS 3.1 This Agreement does not transmit any intellectual rights on the Software. 3.2 The Software is protected by copyright, including without limitation by Copyright Law and international treaty provisions. 3.3 Any copies that the Licensee is permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. 3.4 The structure, organization and code of the Software are the valuable trade secrets and confidential information of the Licensor and its suppliers. The Licensee agrees not to decompile, disassemble or otherwise attempt to discover the source code of the Software. 3.5 Any attempts to reverse-engineer, copy, clone, modify or alter in any way the installer program and/or the Software without the Licensor's specific approval are strictly prohibited. The Licensee is not authorized to use any plug-in or enhancement that permits to save modifications to a file with software licensed and distributed by the Licensor. 3.6 Any information supplied by the Licensor or obtained by the Licensee, as permitted hereunder, may only be used by the Licensee for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software. 3.7 Trademarks shall be used in accordance with accepted trademark practice, including identification of trademarks owners names. Trademarks can only be used to identify printed output produced by the Software and such use of any trademark does not give the Licensee any rights of ownership in that trademark. 4. WARRANTY 4.1 The Licensor warrants that: 4.1.1 it owns the Software and the Documentation (if any) and is in possession of valid and existing licenses that support the terms of this agreement, 4.1.2 to the best of its knowledge, the Software does not infringe upon or violate any intellectual property right of a third party, 4.2 Except those warranties specified in section 4.1 above, the Software is being delivered to the Licensee "AS IS". No warranty of any kind is expressed or implied. Licensor will not be liable for data loss, damages, loss of profit or any other kind of loss while using or misusing this software. Licensor makes no warranty as to its use or performance. The Licensor do not and cannot warrant the performance or results the Licensee may obtain by using the Software. Except for any warranty, condition, representation or term to the extent to which the same cannot or may not be excluded or limited by law applicable to the Licensee in his jurisdiction, the Licensor and its suppliers make no warranties conditions, representations, or terms (express or implied whether by statute, common law, custom, usage or otherwise) as to any matter including without limitation non-infringement of third party rights, merchantability, integration, satisfactory quality, or fitness for any particular purpose. 5. LIMITATION OF LIABILITY In no event will the Licensor or its suppliers be liable for any damages, claims or costs whatsoever or any consequential, indirect, incidental damages, or any lost profits or lost savings, even if the Licensor has been advised of the possibility of such loss, damages, claims or costs or for any claim by any third party. 6. NON-WAIVER If a portion of this agreement is held unenforceable, the remainder shall be valid. It means that if one section of the Agreement is not lawful, the rest of the Agreement is still in force. A party's failure to exercise any right under this Agreement will not constitute a waiver of (a) any other terms or conditions of this Agreement, or (b) a right at any time thereafter to require exact and strict compliance with the terms of this Agreement. 7. TERMINATION This Agreement is effective until terminated. Licensee may terminate it by destroying the program, the Documentation (if any) and copies thereof. This Agreement will also terminate if Licensee fail to comply with any terms or conditions of this agreement. Licensee agree upon such termination to destroy all copies of the program and of the Documentation (if any). Licensor may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this Agreement and the rights afforded to Licensee hereudner with or without prior notice. 8. SUPPORT This Agreement does not include support services, although Licensor can decide to offer Licensee support via email. Repeated voluntary provision of support services by Licensor does not constitute a claim for future provision of support services for Licensee. 9. JURISDICTION AND CHOICE OF LAW Insofar as not otherwise agreed, this Agreement shall be governed exclusively by law of Republic of Croatia. Law of Republic of Croatia shall also be applied in case of Licensee being located outside of Republic of Croatia. Licensee expressly agree that exclusive jurisdiction for any claim or dispute with Licensor linked in any way to Licensees use of the Software and/or the Documentation (if any) resides in the competent court sitting in the city of Zagreb, Republic of Croatia. 10. THIRD PARTY SOFTWARE AND RESOURCES The Software setup files contain FFmpeg executable file. After the Software installation, FFmpeg executable file resides within Software folder on user Computer. The Software invokes FFmpeg executable file to convert audio files using command line. The Software and FFmpeg executable file are separate programs and the Software does not establish intimate communication between them. Licensor does not own FFmpeg executable file. Owners and license for ffmpeg.exe file can be found at FFmpeg project web pages https://ffmpeg.org. FFmpeg executable file is licensed under the LGPLv2.1 available at https://www.gnu.org/licenses/old-licenses/lgpl-2.1.html. FFmpeg source code available at https://ffmpeg.org/download.html. The Software icon is based upon icon available at https://www.iconfinder.com/icons/353429/music_note_sound_audio_icon created by Bogdan Rosu (Bogdan Rosu Creative) whose website address is https://bogdanrosu.com.