TERM OF USE

This product uses the Flickr API but is not endorsed or certified by Flickr.

Do not use the "Import from Flickr" function (including but not limiting to pictures downloading from Flickr websites) until you have read and accepted all of the usage and license terms.

You agree to bear the full, complete, and sole responsibility for using the Software and/or Documentation for purposes that violate the terms and conditions outlined in Flickr (http://flickr.com/services/api/tos/), in particularly the terms and conditions of Creative Commons ( http://www.flickr.com/creativecommons/) and the license terms set out by the relevant photo owners. You also agree to indemnify and hold CyberLink harmless from any claims, proceedings, damages, costs, and expenses resulting from your misuse of the SOFTWARE or violation of terms set out by Flickr, Creative Commons, and the relevant photo owners when used photos downloaded from Flickr.

Neither CyberLink nor Flickr owns the copyright of the photos on Flickr website. Flickr users owns the copyright. This "Import from Flickr" function does not override the photo owners' requirements and restrictions, which may include "all rights reserved" notices, Creative Commons licenses or other terms and conditions that may be agreed upon you and the owners. For example, if the photos are marked for non-commercial use only, you cannot use them for commercial use, unless you get the permission from the copyright owners. If the photos are marked with "Attribution", you should place the owner's names in the prominent place of your video works.

This agreement constitutes the entire agreement between you and CyberLink Corp. This agreement shall be governed and construed in accordance with the laws of Taiwan and shall benefit CyberLink, its successors and assigns.

Any claim or dispute between you and CyberLink or against any agent, employee, successor or assign of CyberLink, whether related to this agreement or otherwise, and any claim or dispute related to this agreement or the relationship or duties contemplated under this agreement, including the validity of this arbitration clause, shall be resolved in Taipei, Taiwan, pursuant to the Taiwan Arbitration Act.

This localized version of the Term of Use is for reference only. In case of inconsistencies between the localized version and the English version, the English version will prevail.

* LIMITED WARRANTY

THIS SOFTWARE AND ACCOMPANYING DOCUMENTATAION (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FURTHER, CYBERLINK DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE, OF THE SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU.

CYBERLINK DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, REGARDLESS OF WHETHER IT IS MADE BY CYBERLINK, ON THIS CYBERLINK SOFTWARE AND DOCUMENTATION. CYBERLINK DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CYBERLINK, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

NEITHER CYBERLINK NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THESE SOFTWARE AND DOCUMENTATION SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE AND DOCUMENTATION EVEN IF CYBERLINK HAS BEEN ADVISED OF THE POSSBILITY OF SUCH DAMAGES.