FLASCHEME END USER LICENSE AGREEMENT
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND FLASCHEME AUTHORS. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY SELECTING TO INSTALL USING 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 BE BOUND BY THESE TERMS, THEN DO NOT USE THE SOFTWARE.
(a) "DEVELOPER" means FLAscheme authors and its licensors, if any.
(b) "Software" means only the DEVELOPER software programs and third party software programs, in each case, supplied by DEVELOPER herewith, and corresponding documentation, associated media, printed materials, and online or electronic documentation, and all updates or upgrades of the above that are provided to you.
(c) "Software" includes but it is not limited to all versions of FLAscheme and its modules.
2. License Grants
(a) You may install and use the Software on a single server that has a MS Windows operating system, or any UNIX operating system. Run Time License must only be used for one site and a SINGLE DOMAIN NAME. A license for the Software may not be shared, installed or used concurrently on different servers and/or domain names and websites.
(b) You may access the user web-based interface of the Software from any terminal on Internet.
(c) You may create back-ups of the software for purposes of archiving.
(d) You agree that DEVELOPER may audit your use of the Software for compliance with these terms at any time, upon reasonable notice. In the event that such audit reveals any use of the Software by you other than in full compliance with the terms of this Agreement, you shall reimburse DEVELOPER for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance.
(e) Your license rights under this EULA are non-exclusive.
(f) Certain rights are not granted under this Agreement, but may be available under a separate agreement(s). If you would like to enter into a distribution agreement or learn of other licensing strategies and multi-license options, please contact DEVELOPER.
3. License Restrictions
(a) You may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network.
(b) You may not alter, merge, modify, adapt or translate the Software, or decrypt, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
(c) You may not sell, rent, lease, or sublicense the Software.
(d) You may not modify the Software or create derivative works based upon the Software.
(e) You shall not use the Software to develop any software or other technology having the same primary function as the Software, including but not limited to using the Software in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the Software.
(a) The foregoing license gives you limited license to use the Software. DEVELOPER and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software and all copies thereof. All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved by DEVELOPER and its suppliers.
(b) Software is copyrighted by DEVELOPER.
(c) Content of the website for which the Software is used remains property of and is copyrighted to the owner of the website.
In the event that you fail to comply with this EULA, DEVELOPER may terminate the license and you must destroy all copies and backups of the Software (with all other rights of both parties and all other provisions of this EULA surviving any such termination).
6. Applicable Law
This EULA is governed by the laws of Russian Federation, and in respect of any dispute which may arise hereunder you consent to the jurisdiction of the federal and provincial courts sitting in Korolev, Moscow region.
7. Warranty Disclaimer
(a). DEVELOPER AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. DEVELOPER DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
(b). IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.
(c) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DEVELOPER, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
(d) DEVELOPER SHALL HAVE NO RESPONSIBILITY IF THE SOFTWARE HAS BEEN ALTERED IN ANY WAY, OR FOR ANY FAILURE THAT ARISES OUT OF USE OF THE SOFTWARE WITH OTHER THAN A RECOMMENDED SYSTEM PLATFORM, OPERATING SYSTEM OR OTHER THIRD PARTY SOFTWARE USED TO ACCESS THE WEB-BASED USER INTERFACE OF THE SOFTWARE.
(e) DEVELOPER SHALL NOT PROVIDE FREE SUPPORT OF THE SOFTWARE OR FREE TRAINING FOR USING THE SOFTWARE.
8. Limitation of Liability
(a) NEITHER DEVELOPER NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF DEVELOPER OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) DEVELOPER'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO $10.
(c) THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THIS EULA.
9. Basis of Bargain
The Warranty Disclaimer and Limited Liability set forth above are fundamental elements of the basis of the agreement between DEVELOPER and you. Such Warranty Disclaimer and Limited Liability inure to the benefit of DEVELOPER's licensors.
10. Third Party Software
The Software may contain third party software which requires notices and/or additional terms and conditions. By accepting this EULA, you are also accepting the additional terms and conditions, if any, set forth therein.
This DEVELOPER contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Software licensed hereunder shall be of no effect. The failure or delay of DEVELOPER to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.
No DEVELOPER dealer, agent or employee is authorized to make any amendment to this EULA.