End user agreement for Sparkle FlashKeeper
Flash Keeper ?Copyright 2002-2003 by Sparkle Media System
All rights reserved.
This license applies to the evaluation version of Flash Keeper. If you do not have an evaluation version of Flash Keeper, see the section titled Flash Keeper Standard License.
Flash Keeper License
Sparkle Media System
By using, copying, transmitting, distributing or installing Flash Keeper, you agree to all of the terms of this License. If you do not agree to any of the terms of this License, then please do not use, copy, transmit, distribute, or install Flash Keeper.
This is not free software. Subject to the terms below, you are hereby licensed by Sparkle Media System. ("SM") to use this software for evaluation purposes without charge for a period of 30 days. If you use this software after the 30 day evaluation period a registration fee of $29.95 is required. Please see the Flash Keeper web site at http://www.flashkeeper.com for more information about online ordering.
Unregistered use of Flash Keeper after the 30-day evaluation period is in violation of U.S. and international copyright laws.
You may, without making any payment to SM:
a) give exact copies of this evaluation version of Flash Keeper personally to anyone, except for the purpose of extending their 30 day evaluation period;
b) distribute exact copies of this evaluation version of Flash Keeper, if done exclusively through electronic channels; and
c) make as many exact copies of this evaluation version of Flash Keeper as you wish, for purposes of distribution as described in (a) and (b) above.
You are specifically prohibited from charging, or requesting donations, for any copies, however made, and from distributing such copies with other products of any kind, commercial or otherwise, without prior written permission from SM. SM reserves the right to revoke the above distribution rights at any time, for any or no reason.
This software, and all accompanying files, data and materials, are distributed "AS IS" and with no warranties of any kind, whether express or implied. In particular, there is no warranty for the optional virus scanning feature. (Flash Keeper does not scan for viruses, it simply runs external programs that claim to perform this function.) Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the program. This disclaimer of warranty constitutes an essential part of the agreement. In no event shall SM, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any incidental, consequential, or punitive damages whatsoever relating to the use of Flash Keeper, or your relationship with WCI.
In addition, in no event does SM authorize you to use Flash Keeper in applications or systems where Flash Keeper's failure to perform can reasonably be expected to result in a significant physical injury, or in loss of life. Any such use by you is entirely at your own risk, and you agree to hold SMS harmless from any claims or losses relating to such unauthorized use.
This Agreement is the complete statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This Agreement shall be governed by the laws of the State of Connecticut. Exclusive jurisdiction and venue for all matters relating to this Agreement shall be in courts and fora located in the State of Connecticut, and you consent to such jurisdiction and venue.
All rights of any kind in Flash Keeper which are not expressly granted in this License are entirely and exclusively reserved to and by SM. You may not rent, lease, modify, translate, reverse engineer, decompile, disassemble or create derivative works based on Flash Keeper. You may not make access to Flash Keeper available to others in connection with a service bureau, application service provider, or similar business.