End user agreement for Flowman HotFolders&ProcessMonitor Bundle
FLOWMAN END-USER SOFTWARE LICENSE AGREEMENT
The accompanying executable code version of FLOWMAN HOT FOLDERS and related documentation (the
"Product") is made available to you under the terms of this FLOWMAN END-USER SOFTWARE LICENSE
AGREEMENT (THE "AGREEMENT"). BY CLICKING THE "ACCEPT" BUTTON, OR BY INSTALLING OR USING THE
FLOWMAN HOT FOLDERS, YOU ARE CONSENTING TO BE BOUND BY THE AGREEMENT. IF YOU DO NOT AGREE
TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK THE "ACCEPT" BUTTON, AND DO NOT
INSTALL OR USE ANY PART OF THE FLOWMAN HOT FOLDERS BROWSER.
DURING THE FLOWMAN HOT FOLDERS INSTALLATION PROCESS, AND AT LATER TIMES, YOU MAY BE GIVEN
THE OPTION OF INSTALLING ADDITIONAL COMPONENTS FROM THIRD-PARTY SOFTWARE PROVIDERS. THE
INSTALLATION AND USE OF THOSE THIRD-PARTY COMPONENTS MAY BE GOVERNED BY ADDITIONAL LICENSE
1. LICENSE GRANT. Flowman Oy grants you a non-exclusive license to use the executable code version of the
Product. This Agreement will also govern any software upgrades provided by Flowman that replace and/or
supplement the original Product, unless such upgrades are accompanied by a separate license, in which case
the terms of that license will govern.
2. TERMINATION. If you breach this Agreement your right to use the Product will terminate immediately and
without notice, but all provisions of this Agreement except the License Grant (Paragraph 1) will survive
termination and continue in effect. Upon termination, you must destroy all copies of the Product.
3. PROPRIETARY RIGHTS. Flowman hereby reserves all intellectual property rights in the Product, except for
the rights expressly granted in this Agreement. You may not remove or alter any trademark, logo, copyright or
other proprietary notice in or on the Product. This license does not grant you any right to use the trademarks,
service marks or logos of Flowman.
5. DISCLAIMER OF WARRANTY. THE PRODUCT IS PROVIDED "AS IS" WITH ALL FAULTS. TO THE EXTENT
PERMITTED BY LAW, FLOWMAN AND FLOWMAN'S DISTRIBUTORS, HEREBY DISCLAIM ALL WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE PRODUCT IS
FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE AND NON-INFRINGING. YOU BEAR THE
ENTIRE RISK AS TO SELECTING THE PRODUCT FOR YOUR PURPOSES AND AS TO THE QUALITY AND
PERFORMANCE OF THE PRODUCT. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF
ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
6. LIMITATION OF LIABILITY. EXCEPT AS REQUIRED BY LAW, FLOWMAN AND ITS DISTRIBUTORS,
DIRECTORS, CONTRIBUTORS AND AGENTS (COLLECTIVELY, THE "FLOWMAN GROUP") WILL NOT BE LIABLE
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR
IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT,
INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS,
LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH SUCH CLAIM
IS BASED. THE FLOWMAN GROUP'S COLLECTIVE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE
GREATER OF $500 (FIVE HUNDRED DOLLARS) AND THE FEES PAID BY YOU UNDER THE LICENSE (IF ANY).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR
SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
9. MISCELLANEOUS. (a) This Agreement constitutes the entire agreement between Flowman and you
concerning the subject matter hereof, and it may only be modified by a written amendment signed by an
authorized executive of Flowman . (b) Except to the extent applicable law, if any, provides otherwise, this
Agreement will be governed by the laws of Finland, excluding its conflict of law provisions. (c) This Agreement
will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (d) If
any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties'
original intent, and the remaining portions will remain in full force and effect. (e) A waiver by either party of
any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or
condition or any subsequent breach thereof. (f) Except as required by law, the controlling language of this
Agreement is English. (g) You may assign your rights under this Agreement to any party that consents to, and
agrees to be bound by, its terms; Flowman Oy may assign its rights under this Agreement without condition.
(h) This Agreement will be binding upon and inure to the benefit of the parties, their successors and permitted