Software: Big_Sleep™ Encoding Tool
Authors: Stephen Lester, Amy Szczepanski, Evan Meaney
Version: Public beta V 0.2_2015.
END-USER LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY:
This End-User License Agreement ("EULA") is a legally binding agreement between you (either an individual or a single entity heretofore referred to as "USER") and the mentioned AUTHORS of this software for the SOFTWARE identified above, which includes computer software, web-based scripts, and may include associated media, printed materials, and "online" or electronic documentation.
By submitting media to, completing information fields at, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA, without limitation or qualification. If you do not agree with any of the terms of this EULA, you are prohibited from using or accessing the SOFTWARE. If you do not agree and accept any of the terms of the EULA, please exit the site and do not use the SOFTWARE. The AUTHORS reserve the right to modify or amend the terms of this agreement without notice.
SOFTWARE PRODUCT LICENSE
The SOFTWARE is protected by U.S. copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold or offered in any other form.
1. GRANT OF LICENSE
This EULA grants the USER the following rights:
Limited use of SOFTWARE.
The USER may use the SOFTWARE an unlimited number of times, providing operational circumstances exist.
Subject to the terms below, the USER is hereby licensed to use this SOFTWARE for conceptual purposes. Archival media elements created with the SOFTWARE can be freely retained and distributed, but must remain unopened (in any form, via any third party application) as they are not intended to, and cannot, be re-accessed once encoded.
The USER may not reproduce nor distribute any number of copies of the SOFTWARE.
2.OTHER RIGHTS AND LIMITATIONS
The SOFTWARE cannot be used to encode or preserve any media elements containing illegal or prohibited material or content. The USER takes on all responsibility, legal, moral, ontological, and otherwise, for all materials submitted to the SOFTWARE. The AUTHORS cannot be implicated in the content (present or otherwise) of any submitted material.
Submitted audio/visual materials will not be stored on the Big_Sleep™ servers for any amount of time.
Submitted metadata may be retained and re-used in any capacity by the AUTHORS. This may include, but is not limited to, any uploaded media's title(s), author(s), original format(s), submitter's name(s), upload format(s), production year(s), content description(s), and reason(s) entered for submission.
The USER may not transfer, assign, rent, lease, or otherwise dispose of the SOFTWARE in exchange for consideration, or on a temporary basis.
The USER may not reverse engineer, decompile, or disassemble the SOFTWARE or any related files, except and only to the extent that such activity is expressly permitted by the AUTHORS in notarized writing.
The SOFTWARE is licensed as a single product. Its component parts may not be separated.
Without prejudice to any other rights, the AUTHORS of this SOFTWARE may terminate this EULA if the USER fails to comply with the terms and conditions of this EULA. In such event, the USER must destroy all copies of any Big_Sleep™ encoded files.
The SOFTWARE may not be monetized, commoditized, or sold in any way without being expressly permitted by the AUTHORS in notarized writing.
All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text, and scripts incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE are owned by the AUTHORS of this SOFTWARE. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, the USER must treat the SOFTWARE in the same manner as any other copyrighted material.
Should the USER have any questions concerning this EULA, or if the USER desires to contact the AUTHORS of this SOFTWARE for any reason, please contact the AUTHORS at the email address mentioned on the website at the start of this EULA.
4b. The AUTHORS are not under any obligation, legal or otherwise, to answer any USER communications.
5. LIMITED WARRANTY
The AUTHORS of this SOFTWARE expressly disclaim any warranty for the SOFTWARE. The SOFTWARE and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or non-infringement of intellectual property. The entire risk arising out of use or performance of the SOFTWARE remains with the USER and their subsidiaries, affiliates, or assigns. The foregoing exclusions of warranties do not apply to the extent prohibited by law.
6. NO LIABILITY FOR DAMAGES
Use of the SOFTWARE is at the USER'S risk. In no event shall the AUTHORS of this SOFTWARE be liable for any damages whatsoever (including, without limitation, damages for loss of business interruption, business profits, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE, even if the AUTHORS of this SOFTWARE have been advised of the possibility of such damages. Should any other warranties be found to exist, such warranties shall be limited in duration to one (1) day following the date of delivery to the USER.
It is self-evident that the SOFTWARE (as well as all associated content) is a work of new media fiction and artistic experimentation. As of this writing, there is no tool that can promise (or even legitmately claim) to encode or encrypt data perfectly over an infinite timespan. The SOFTWARE cannot encode or encrypt data perfectly over an infinite timespan. The SOFTWARE is designed as conceptual artwork to address archival impulses and the very human, but very impossible, desire to create something that is both tangible and eternal. The functional claims of the SOFTWARE and the AUTHOR are intended as satire and by agreeing to this EULA, the USER accepts and understand this harsh reality.
In no event will the AUTHORS' liability for any damages to you or any other person exceed the amount paid for the license to use the SOFTWARE.
The use of the SOFTWARE shall be governed by the laws of the State of South Carolina without regard to its conflict of law provisions.
7. RISK ACTIVITIES
The USER fully understands that the SOFTWARE will not, in any way, save or retain submitted content. Whatever files are re-downloaded from the SOFTWARE are purely for conceptual and entertainment purposes as they will not be re-accessible in any way at any time.