End user agreement for FLATT
FLATT (FLexible Automation and Troubleshooting Tool)
Copyright (c) 2011 FLATT Solutions
*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
By installing and/or using Flexible Automation and Troubleshooting Tool Application ( hereinafter "FLATT"), you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by FLATT Solutions your use of FLATT indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, FLATT Solutions grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use FLATT in accordance with this Agreement and any other written agreement with FLATT Solutions. FLATT Solutions does not transfer the title of FLATT to you; the license granted to you is not a sale. This agreement is a binding legal agreement between FLATT Solutions and the purchasers or users of FLATT
If you do not agree to be bound by this agreement, remove FLATT from your computer now and, if applicable, promptly return to FLATT Solutions by mail any copies of FLATT and related documentation and packaging in your possession.
FLATT and the license herein granted shall not be re-sold, offered for re-sale, transferred or sub-licensed in whole without a written agreement with FLATT Solutions. For information about redistribution of FLATT contact firstname.lastname@example.org.
3. USER AGREEMENT
FLATT grants you the permission to install and use FLATT on any number of computers for unlimited time, but limits the number of hosts you can administer. To use it on more hosts than the demo license allows please contact FLATT Solutions to purchase the license that suits your needs.
3.2 Use Restrictions
You shall use FLATT in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of FLATT together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Using FLATT for any unlawful and criminal activity related to computers,including but not limited to, writing malicious scripts to gain unauthorized access to computer systems, crippling systems with DOS attacks, etc, is strictly forbidden.
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile FLATT. Nor can you create any derivative works or other works that are based upon or derived from FLATT in whole or in part.
FLATT Solutions's name, logo and graphics file that represents FLATT shall not be used in any way to promote products developed with FLATT. FLATT Solutions retains sole and exclusive ownership of all right, title and interest in and to FLATT Software and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of FLATT, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for FLATT Solutions.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend FLATT Solutions , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of FLATT Solutions's Software.
In no event (including, without limitation, in the event of negligence) will FLATT Solutions , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, FLATT or the use or inability to use FLATT or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
FLATT Solutions's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by FLATT Solutions ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to FLATT Solutions.
Except as expressly stated in writing, FLATT Solutions makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the law of the United States applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of United States therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of FLATT and destroy all copies of FLATT supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY FLATT AS WELL.
5. CONSENT OF USE OF DATA
You agree that FLATT Solutions may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to FLATT.FLATT Solutions may also use this information to provide notices to you which may be of use or interest to you.