[aur-requests] [PRQ#4452] Deletion Request for 4kvideodownloader

Fri Nov 27 17:25:20 UTC 2015

Sukumi [1] filed a deletion request for 4kvideodownloader [2]:

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NO SOURCE, PROPRIETARY SOFTWARE LICENSE, BINARIES ONLY

The maintainer is responsible that the managed packaged adhere and
comply with the community
and ArchLinux philosophy and rules of package submission.

ALL PRODUCTS OF COMPANY OpenMedia LLC US ARE AFFECTED

I THINK THE COMPLIANCE AUDIT RULES NEED A REVIEW.

LICENSE EXCERPT GIVEN BELOW

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IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A
LEGAL AGREEMENT
BETWEEN YOU AND COMPANY ("OPEN MEDIA LLC"). USE OF THE SOFTWARE
PROVIDED WITH
THIS EULA (THE "SOFTWARE") CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS.
READ IT
CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE
SOFTWARE.
IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL AND/OR
USE THIS
SOFTWARE. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE
PRODUCT, YOU
AGREE TO BE BOUND BY THE TERMS OF THIS EULA.

1. LICENSE GRANT. The Software is licensed on per user basis. "User"
means the
company, entity or individual whose funds are used to pay the license
fee. "Use"
means storing, loading, installing, executing or displaying the
Software. You may
not modify the Software or disable any licensing or control features
of the Software
except as an intended part of the Software programming features. This
license is not
transferable to any other system, or to another organization or
individual.

2. OWNERSHIP. The Software is owned and copyrighted by Open Media LLC.
Your license
confers no title or ownership in the Software and should not be
construed as a sale
of any right in the Software.

3. SOFTWARE COPYRIGHT. The Software and all rights, without limitation
including
proprietary rights therein, are owned by Open Media LLC or its
suppliers and are
protected by copyright laws and international copyright treaties, as
well as other
intellectual property laws and treaties. The Software is licensed, not
sold. You
acknowledge that no title to the intellectual property in the Software
is transferred
to you. You further acknowledge that title and full ownership rights
to the Software
will remain the exclusive property of Open Media LLC and you will not
acquire any
rights to the Software except as expressly set forth in this license.
You agree that
any copies of the Software will contain the same proprietary notices
which appear on
and in the Software.

4. "PRO" VERSION. That which is established in this clause will only
be applied to
users of the "pro" version of the software. Open Media LLC. declares
that the "pro"
version of this software offers the following characteristics:
* It is free of publicity/advertisements
* It has all declared functions activated
* It allows free updates from the date of acquisition. However the
user understands
  that  Open Media LLC does not have the obligation to execute these
updates during
  this time or any whatsoever at any other moment.
* Open Media LLC reserves the right to dissolve this agreement with
the user of the
  pro version without previous notice if any of the clauses included
in the document
  have been violated.

5. CONTENT COPYRIGHT AND OWNERSHIP. You agree that the owners,
employees and
volunteers of the Company are not responsible for any loss or damages
which may
result from your illegal use of images, video clips or music files.
Make sure that
you have the right to use the images, video clips and music files you
upload to the
service. The Company claims no intellectual property rights over the
content you
upload, create or provide to the Service.

6. REVERSE ENGINEERING. You agree that you will not attempt to reverse
compile,
modify, translate, or disassemble the Software in whole or in part.

7. NO OTHER WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY
KIND. OPEN MEDIA LLC  DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO
THE SOFTWARE,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT
OF THIRD
PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES
OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE
EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS
AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO
JURISDICTION.

8. YOUR INFORMATION and OPEN MEDIA LLC'S PRIVACY POLICY

8.1 Privacy Policy. The personal information you provide to Open Media
LLC during
the ordering and registration process is used for Open Media LLC's
internal
purposes only. Open Media LLC uses the information it collects to
learn what
you like and to improve the Software. Except as otherwise expressly
permitted
by this EULA or as otherwise authorized by you, Open Media LLC will
not give any
of your personal information to any third party without your express
approval
except as reasonably required by law, as authorized by this provision
or as
necessary to protect Open Media LLC, its agents and other
Participants. Open Media
LLC can (and you authorize Open Media LLC to) disclose any information
about you to
private entities, law enforcement agencies or government officials, as
Open Media
LLC, in its sole discretion, believe necessary or appropriate to
investigate or
resolve possible problems or inquiries, or as otherwise required by
law.

8.2 Email Communication. You agree that Open Media LLC may communicate
with you via
email and any similar technology for any purpose relating to the
Software, other
Open Media LLC products and any services or software which may in the
future be
provided by Open Media LLC or on Open Media LLC's behalf. If you do
not want to
receive communication from Open Media LLC, you can unsubscribe at any
time following
the instructions contained in any email received from Open Media LLC
or by writing
an opt-out request to Open Media LLC at support at 4kdownload.com.

8.3 Statistics. In order to innovate and continuously improve its
products, the
company may collect some anonymous usage statistics from its Software
including,
without limitation, the collection of information on how software is
used by users.
STATISTICS POTENTIALLY COLLECTED IS ANONYMOUS AND CAN NOT IN ANY WAY
LEAD TO
IDENTIFY USERS.

9. SEVERABILITY. In the event of invalidity of any provision of this
license, the
parties agree that such invalidity shall not affect the validity of
the remaining
portions of this license.

10. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL OPEN
MEDIA LLC OR
ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL,
INCIDENTAL OR
INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE
OR USE OF
THE SOFTWARE, EVEN IF OPEN MEDIA LLC HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT WILL OPEN MEDIA LLC's LIABILITY FOR ANY CLAIM,
WHETHER IN
CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE
FEE PAID BY
YOU, IF ANY.

11. GENERAL PROVISION. This is the entire agreement between you and
Open Media LLC,
which supersedes any prior agreement or understanding, whether
written, or oral,
relating to the subject matter of this EULA. If any part of this EULA
is found void
and unenforceable, it will not affect the validity of the balance of
the agreement,
which shall remain valid and enforceable according to its terms. This
EULA shall
automatically terminate upon failure by you to comply with its terms.
Open Media
LLC, on its sole discretion, may modify this EULA in writing at any
time.

[1] https://aur.archlinux.org/account/Sukumi/
[2] https://aur.archlinux.org/pkgbase/4kvideodownloader/