Talk:Viewpoint Media Player
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Here is the entire Viewpoint Media Player EULA. you will note that it does not make mention of sending information to Viewpoints' servers.
it says:
- VMP communicate with Viewpoint's servers to check for update for itself. (similarly to what Windows update, flash update, ot most softwares do these days..)
- it also says that a content developer can track user interactions in the content he developed and send back information to his server. it is no different than what you can do in flash or HTML. THis is in NOT done automatically by the VMP.
Hence, the VMP cannot be called malware because of information being sent to a server. I however do agree with the very first post in the history: the VMP is considered malware because AIM installs it without user consent.
So, I do propose the last paragraph in the wiki article to be removed. (since it is wrong.)
VMP EULA:
<< Viewpoint License Terms
NOTICE Please read this License Agreement carefully before proceeding. This Agreement between Viewpoint Corporation, a Delaware corporation with its principal office at 498 7th Avenue, New York, New York 10022 and you (either an individual or an entity) grants you a non-exclusive, non-transferable license to use Viewpoint Media Player and accompanying documentation (the "Software") and contains warranty and liability disclaimers. By selecting the "Install" button or installing the Software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this Agreement. If you do not agree to the terms of this License Agreement, click on the "Cancel" button and/or do not install the Software.
LICENSE This Agreement allows you to: (a) install and use the Software on only one computer or on only one multi-user system; (b) make one (1) copy of the Software in machine readable form solely for backup purposes, provided that you reproduce all copyright notices and any other proprietary notices on the copy; and (c) physically transfer the Software from one computer or multi-user system to another, provided that the Software is removed from the computer or multi-user system on which it was originally installed and is used on only one computer or multi-user system at a time.
AUTOMATIC UPGRADE FEATURES Viewpoint will occasionally provide you automatic updates, upgrades, and add-ons ("Updates") to the Software to improve your viewing experience. The Software automatically communicates with the Viewpoint component server on the internet to check for Updates, such as bug fixes, patches, enhanced functions, missing plug-ins and missing components. Viewpoint may download Updates during these communications or when the Software detects a file that requires a component that is currently not installed. These downloads will occur automatically and without any advance notification to you.
RESTRICTIONS You may not modify, translate, reverse engineer, decompile, or disassemble the Software, or otherwise reduce the Software to a human-readable form. You may not sell, license, rent, transfer, or grant any rights in the Software in any form to any person or entity without the prior written consent of Viewpoint.
OWNERSHIP This license gives you limited rights to use the Software. You do not become an owner of the Software, and Viewpoint retains all title to the Software and all copies thereof. All rights not specifically granted in this Agreement, including United States and international copyrights, are reserved by Viewpoint. Unauthorized copying of the Software, or failure to comply with the restrictions set forth in this Agreement, will result in automatic termination of this license and will make available to Viewpoint all other legal remedies.
DISCLAIMER OF WARRANTIES The Software is provided to you free of charge, and on an "AS IS" BASIS WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Viewpoint does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free. No distributor, dealer or any other entity or person is authorized to expand or alter either this disclaimer of warranty or this Agreement. Any such representations will not bind Viewpoint. You assume the entire risk as it applies to the quality and performance of the Software. Should the Software prove defective, you (and not Viewpoint) assume the entire cost of all necessary servicing, repair, or correction.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
LIMITATION OF REMEDIES IN NO EVENT WILL VIEWPOINT OR ITS REPRESENTATIVES BE LIABLE FOR LOSS OF DATA, LOST PROFITS, COST OF COVER, OR OTHER SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES OR LOSSES ARISING FROM THE USE OF THE SOFTWARE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION SHALL APPLY EVEN IF VIEWPOINT OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. The limitation of warranty and limited liability set forth above are fundamental elements of the basis of the bargain between Viewpoint and you. You agree that Viewpoint would not be able to provide the Software on an economic basis without such limitations.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
US GOVERNMENT RESTRICTED RIGHTS If you are acquiring the licensed Software on behalf of any part of the U.S. Government, the following provisions apply. The Software and accompanying documentation (if any) are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR 12.212(b), or other comparable or more recent government law or regulation, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software and/or accompanying documents by the U.S. Government or any of its agencies shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement.
LANGUAGE The parties hereto confirm that it is their wish that this Agreement, as well as other documents relating hereto, have been and shall be written in the English language only.
GENERAL This Agreement is governed by the laws of the state of New York, including its Uniform Commercial Code (except that federal law governs copyrights and trademark(s)). You hereby consent to the exclusive jurisdiction and venue of the courts in New York County, New York, U.S.A. in any and all disputes arising out of or relating to this Agreement or your use of the Software. This Agreement is the entire agreement between Viewpoint and you and supersedes any other communications or advertising with respect to the Software. If any provision of this Agreement is deemed invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
All questions concerning this Agreement should be directed to Viewpoint Corporation, at 498 7th Avenue, Suite 1810, New York, New York 10018.
Viewpoint and the Viewpoint logo are trademarks of Viewpoint Corporation.
Privacy Statement
VIEWPOINT DOES NOT COLLECT ANY PERSONALLY-IDENTIFIABLE INFORMATION, SUCH AS A USER'S NAME, PHYSICAL ADDRESS, ELECTRONIC ADDRESS, PHONE NUMBER, OR SOCIAL SECURITY NUMBER.
Each installation of Viewpoint Media Player is assigned a Player Identifier, a random alphanumeric identifier generated at the time of installation. The Player Identifier is never connected to a user's name, email address, or other personal contact information.
Viewpoint Media Player is designed to check for the availability of software updates, upgrades, and add-ons ("Updates") to ensure that you have the latest product improvements and functionality. When the Viewpoint Media Player installed on your machine checks for the availability of Updates, the Player Identifier, the type of operating system using the player, the type of browser in which the player is operating, and the URL visited at the time are sent anonymously to Viewpoint. An author of Viewpoint content can use tags to collect aggregated, anonymous information about users' interactions with content, such as which colors users select to view the appearance of a product, which animations are most frequently invoked by online viewers, and the like. User interaction data is typically used by Viewpoint's clients to understand how their customers, in the aggregate, interact with online presentations of their products.
Much of the data sent by the Viewpoint Media Player installed on your machine is required only to enable a feature or service to be performed over the Internet. All data is discarded after its intended use is served.
Viewpoint's Ad-Deployment Technology Creative Innovator, Viewpoint's advertising deployment technology, uses Viewpoint Media Player for displaying advertising content. Like other industry-standard advertising technologies, Creative Innovator collects certain information about the advertisement displayed. This information includes the number of times the advertisement is displayed, the number and duration of users' interactions with the advertisement, and the browser and operating system viewers are using while the ad is displayed. This information is stored by the Creative Innovator system and reported to Viewpoint's customers.
VIEWPOINT DOES NOT, AT ANY TIME, COLLECT USERS' PERSONALLY-IDENTIFIABLE INFORMATION.
Contact Us about Privacy If you have any questions about this privacy statement, or our software and website practices, please contact us: Privacy Policy Group Viewpoint Corporation 498 7th Ave. Suite 1810 New York, NY 10018 privacy@viewpoint.com >>
