End user agreement for FlashShare Flash Optimizer
This License Agreement is a legal agreement between you ("LICENSEE") (either an individual or a single entity) and FlashShare inc Technologies SARL ("FlashShare inc") for evaluation version of the software product FlashShare Flash Optimizer which includes computer software and electronic documentation (collectively the "SOFTWARE"). Read it carefully before completing the installation process and using the SOFTWARE. If you did not obtain this copy of the SOFTWARE legally, please destroy the copy immediately.
By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this License Agreement.
If you do not agree to the terms of this License Agreement, FlashShare inc is unwilling to license the SOFTWARE. In such event, you may not install, copy or otherwise use the SOFTWARE.
YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
Subject to the terms and conditions of this License Agreement, FlashShare inc grants you, LICENSEE, a non-exclusive, non-transferable limited license to install and use one (1) copy of the SOFTWARE on a single computer system, solely for demonstration, testing, and evaluation purposes.
LICENSEE may make one (1) copy of the SOFTWARE solely for backup or archival purposes, provided that LICENSEE reproduces and includes all copyright and other proprietary notice(s) on the copy.
LICENSEE may freely distribute the SOFTWARE, provided that:
(i) Such distribution includes only the original archive supplied by FlashShare inc. LICENSEE may not alter, delete or add any files in the distribution archive.
(ii) The distribution does not include a registration number. In particular, LICENSEE may not distribute a registered piece of SOFTWARE.
(iii) No money is charged to the person receiving the evaluation version of the SOFTWARE, beyond reasonable cost of packaging and other overhead.
LICENSEE may not:
(i) Decompile, reverse engineer, disassemble or otherwise reduce the SOFTWARE to a human perceivable form.
(ii) Rent, lease, lend, transfer or otherwise transfer rights to the SOFTWARE.
(iii) Translate, adapt, modify the SOFTWARE or create derivative works based upon the SOFTWARE or any part thereof.
(iv) Remove any proprietary notices or labels on the SOFTWARE.
(v) Use the SOFTWARE to encode, reproduce or copy any material or intellectual property you do not have the right to encode, reproduce or copy. The content extracting and playback features of this SOFTWARE are intended only for use with public domain or properly licensed content and content creation tools.
4. Evaluation Period and Termination
This License Agreement will commence upon LICENSEEs first installation of the SOFTWARE and will expire and terminate thirty (30) days thereafter ("EVALUATION PERIOD"). FlashShare inc may terminate this License Agreement if LICENSEE fails to comply with the terms and conditions of this License Agreement. In such event, LICENSEE must destroy all copies of the SOFTWARE and all of its component parts. All provisions relating the ownership, disclaimer of warranties, limitation of liability and the general provisions shall survive the termination of this License Agreement.
The SOFTWARE is licensed, NOT sold. The foregoing License Agreement gives LICENSEE limited rights to use the SOFTWARE during the EVALUATION PERIOD. All rights, title and interest, including all copyrights, in and to the SOFTWARE and any copies LICENSEE is permitted to make herein are exclusively owned by FlashShare inc and/or its suppliers and are protected by copyright, trademark and trade secret law and international treaties. FlashShare inc retains all rights not expressly granted to LICENSEE in this License Agreement.
6. Disclaimer of Warranties
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FlashShare inc AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF PERFORMANCE OR MERCHANDABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE. ANY OTHER SOFTWARE, ANY OTHER HARDWARE, AND ANY OTHER WRITTEN MATERIAL FURNISHED WITH OR ACCOMPANYING THE SOFTWARE IS NOT WARRANTED BY FlashShare inc.
FlashShare inc AND ITS SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE WILL MEET LICENSEE REQUIREMENTS, OPERATE WITHOUT INTERRUPTION OR BE ERROR-FREE.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FlashShare inc AND ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES WATHSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR CAUSED BY THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF FlashShare inc HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURIDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. Entire Agreement
This License Agreement constitutes the entire agreement between LICENSEE and FlashShare inc and supersedes any other prior agreements or understandings, whether oral or written, regarding the SOFTWARE. If a provision of this agreement is deemed null and void, invalid or without effect, the remainder of this agreement shall remain in effect.This License Agreement is governed and construed in accordance with Copyright law and International treaties.