» version 1.0 - posted on 2007-10-15
EULA - End User License Agreement
End User License Agreement for FlashTECH Trialware
Thank you for trying out the Software! By using this software, including any third party software made available in conjunction with this software, ("The Software"), you agree to accept a license under and be bound by the following terms and conditions of this agreement (the "Agreement") with FlashTECH (collectively referred to herein as " FlashTECH"):
Scope of License
This is not free software. Subject to the terms below, you are hereby licensed by FlashTECH to use for evaluation purposes only one (1) copy of the Software, on one (1) computer or workstation, without charge, for a period of 14 days after you first install the Software on any computer or workstation, during which period both all the features of the Software will be accessible. If you want to use this software after the 14-day evaluation period, you must acquire from FlashTECH for a fee a single-user license or multi-user license for the Software. Refer to http://flashtech.com.ua for information about license pricing, multi-user licensing, and ordering options. Use of the Software after the expiration of the 14-day evaluation period without acquiring such a license from FlashTECH is outside the scope of this License and a violation of international copyright laws.
Subject to all of the terms of this License, you may, without making any payment to FlashTECH:
1. give exact copies of the Software personally and without charge of any kind to anyone for evaluation purposes only, subject to the terms of this License, using tangible media of any kind or via e-mail (but not in a bulk mailing or through unsolicited bulk e-mails);
2. distribute exact copies of the Software for evaluation purposes only, subject to the terms of this License, if done exclusively by allowing downloads through the public Internet and without charge of any kind; and
3. make as many exact copies of the Software as you wish, for purposes of distribution as described in (a) and (b) above.
For purposes of the foregoing, an "exact copy" of the Software means a file that is identical, at the time you create the copy, to the distribution file of the Software available at http://flashtech.com.ua
You are specifically prohibited from charging, or requesting donations, for any distributed copies, however made, or from distributing such copies with other products of any kind, commercial or otherwise, without prior written permission from FlashTECH. Also, you are specifically prohibited from charging, or requesting donations, for providing access to any hyperlink or other method that allows a user to create or transfer electronically copies of the Software.
FlashTECH reserves the right to revoke any or all distribution rights at any time, for any or no reason.
For each copy of the Software authorized under this license, you may make one backup copy, provided your backup copy is not installed or used concurrently on different computers. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software. FlashTECH is not obligated to provide maintenance, support, or updates to you for the Software.
If you have comments on the Software or ideas on how to improve it, please contact us at firstname.lastname@example.org. Please note that by doing so, you also grant to FlashTECH and third parties permission to use and incorporate your ideas or comments into the Software (or third party software) without further compensation.
You agree that you will use the Software in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not agree to, and shall not authorize or encourage any third party to: (i) use the Software to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) use the Software for any fraudulent or inappropriate purpose; or (iv) act in any way that violates this Agreement, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this license, and may subject you to state, national and/or international penalties and other legal consequences.
You acknowledge that FlashTECH, its subsidiaries and affiliates, and/or third parties own all right, title and interest in and to the Software, portions thereof, and any software or other materials (not including user photos or message text) provided through or in conjunction with the Software, including without limitation all intellectual property rights. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Software. You also agree to not remove, obscure, or alter FlashTECHs or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Software.
Disclaimer of Warranties
To the fullest extent permitted by applicable law, FlashTECH and its licensors and suppliers disclaim any responsibility for any harm resulting from your use of the Software and/or any third party software accessed in conjunction with or through the Software.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE ARE PROVIDED "AS IS," WITH NO WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FLASHTECH AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM (A) ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS; AND (B) ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SOFTWARE AND SUCH THIRD PARTY SOFTWARE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE SOFTWARE AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE AND SUCH THIRD PARTY SOFTWARE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL FLASHTECH, ITS SUBSIDIARIES AND AFFILIATES OR ITS LICENSORS AND SUPPLIERS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE SOFTWARE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SOFTWARE, FROM INABILITY TO USE THE SOFTWARE OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SOFTWARE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Further Limitation of Liability
It is your responsibility to ensure that you obtain all consents, authorizations and clearances in any data or photographs owned or controlled by third parties that you transmit, access or communicate to others using the Software. FlashTECH will not be liable in any way (a) for any errors or omissions in any photographs or data, or for any loss or damage of any kind incurred as a result of any data transmitted via the Software; (b) if you are exposed to photographs or data that are offensive, indecent or objectionable; or (c) for any violations of copyright or other proprietary rights as a result of your use of the Software.
It is your responsibility to ascertain whether any copyright or other licenses for use of content are necessary and to obtain any such licenses. You agree to copy, distribute, display, and modify only those materials which you have the necessary permission to use. You agree to hold harmless and indemnify FlashTECH and its subsidiaries, affiliates, and their respective officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Software, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, FlashTECH will provide you with written notice of such claim, suit or action.
IF YOU WISH TO TERMINATE THIS AGREEMENT, YOU MAY SIMPLY CEASE USING THE SOFTWARE AND FOLLOW THE UNINSTALL INSTRUCTIONS. FLASHTECH RESERVES THE RIGHT TO TERMINATE THIS AGREEMENT AND YOUR AUTHORIZATION TO USE THE SOFTWARE AT ANY TIME WITHOUT CAUSE.