End user agreement for FastFractal256
FastFractal256, © Copyright 2009-2010 Imaginary Software, LLC. All Rights Reserved.
END-USER LICENSE AGREEMENT FOR FastFractal256 ("Software").
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual
or a single entity) ("User") and Imaginary Software, LLC ("Imaginary"), a Missouri limited liability company in
the United States of America.
User AGREES TO BE BOUND BY THE TERMS OF THIS EULA BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE
SOFTWARE. IF User DOES NOT AGREE TO THE TERMS OF THIS EULA, User MAY NOT USE THE SOFTWARE.
SOFTWARE PRODUCT LICENSE
1. LICENSE TYPES
1.1 TRIAL LICENSE
Provided that User complies with all terms and conditions of this EULA, User is granted a Trial License,
to install and use the Software, in a manner consistent with its design, which commences upon using the
Software for the first time, and expires twenty-one (21) days thereafter. All use of the Software under
the Trial License must be non-commercial. User is restricted to one (1) Trial License during their
lifetime. User may not assign, sublicense, or otherwise transfer a Trial License to any entity. User
must be a natural person to use a Trial License. Corporations, or any other entity that is not a
natural person, may not use a Trial License for any purpose.
1.2 REGULAR LICENSE
If User wishes to continue using the Software after expiration of the Trial License, User must obtain
a Regular License for the Software. A Regular License is available on Imaginary's webpage, www.fastfractal.com
After purchase of a Regular License, User will be given a validation code, which User must enter into the
Software in order to unlock regular functionality of the Software.
The Regular License allows User to install one copy of the Software on one desktop computer and one
laptop computer so long as both computers are owned by User. The Regular License does not allow the
Software to run on more than one computer at a time. User may use the software on one of the installed
computers at a time. Instead of using the Software themselves, User may allow another individual to
run the Software. The Regular License allows User to sell image and video products which User
produces using the Software according to the terms of this EULA. A corporation, or other
entity, may purchase and use a Regular License, according to all terms and conditions.
Generally, a Regular License purchased for a particular version of the Software is only valid for
that version. However, Imaginary may, in its sole discretion, allow Users's Regular License
to be used to run a future version. User may assume this if their validation code, when entered
into the future version, permits regular use of the future version. This shall not be construed to
grant any additional right beyond allowing User the option of using the future version instead of
using the prior version.
2 ADDITIONAL LICENSE TERMS
ALL TERMS BELOW, FOR THE REMAINDER OF THIS EULA, APPLY TO BOTH THE PERPETUAL AND THE TRIAL LICENSE
2.1 REPRODUCTION OF THE SOFTWARE
Reproduction of the Software, without use, is unrestricted. Permission to reproduce the Software does
not imply permission to use the Software. Any use of the Software must be in accordance with the
other terms and conditions of this EULA.
The license is nonexclusive.
3 NO MODIFICATIONS
User may not modify, adapt, or translate the Software.
3.15 NO DERIVATIVE WORKS
User may not prepare derivative works of the Software.
3.2 NO REVERSE ENGINEERING
User may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code
of the Software except to the extent that User may be expressly permitted under applicable law to decompile
only in order to achieve interoperability with the Software.
4. DISCLAIMER OF WARRANTIES.
Imaginary provides the Software AS IS AND WITH ALL FAULTS, and hereby disclaims all warranties and conditions,
whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or
conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or
completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all
with regard to the Software, and the provision of or failure to provide support or other services, information,
software, and related content through the Software or otherwise arising out of the use of the Software. ALSO,
THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR
NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
4.1 EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Imaginary BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY,
FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY OF GOOD FAITH OR OF REASONABLE CARE,
FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR
IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT
OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE, OR OTHERWISE ARISING OUT OF
THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT
OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF
WARRANTY OF Imaginary, AND EVEN IF Imaginary HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.2 LIMITATION OF LIABILITY AND REMEDIES.
NOTWITHSTANDING ANY DAMAGES THAT User MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL
DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY
OF Imaginary UNDER ANY PROVISION OF THIS EULA AND User's EXCLUSIVE REMEDY HEREUNDER SHALL BE LIMITED TO THE
GREATER OF THE ACTUAL DAMAGES User INCURS IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID
BY User FOR THE SOFTWARE OR $20.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
4.3 EXPERIMENTAL NATURE OF THE Software.
User acknowledges that the Software is experimental and may have defects or deficiencies that cannot or will not
be corrected by Imaginary.
5. RESERVATION OF RIGHTS AND OWNERSHIP.
Imaginary reserves all rights not expressly granted to User in this EULA. Imaginary owns the title, copyright,
and other intellectual property rights in the Software. The Software is licensed, not sold.
This EULA does not grant User any rights in connection with any trademarks or service marks of Imaginary.
7. EXPORT CONTROLS.
User shall comply with all export laws and restrictions. User warrants that User is not identified on any
United States government export exclusion list.
8. GENERAL LEGAL COMPLIANCE
User shall not use the Software for any purpose that is prohibited by any law or restriction
that is applicable to User, or in any way that is related to any such prohibited conduct.
If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be
unenforceable, the remainder of this EULA shall continue in full force and effect.
Because Imaginary would be irreparably damaged if this EULA were not specifically enforced, you agree that
Imaginary shall be entitled, without bond or other security, or proof of damages, to appropriate equitable
remedies with respect to breaches of this EULA, in addition to such other remedies as Imaginary may have
under applicable laws.
11. CHOICE OF LAW
This EULA shall be governed by and construed in accordance with the laws of the State of Missouri,
United States of America, as if performed wholly within the state and without giving effect to the principles
of conflict of law.
12. COMPLETE AGREEMENT
This EULA constitutes the entire agreement between User and Imaginary with respect to the use of
the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such
subject matter. No amendment to or modification of this EULA will be binding unless in writing and signed