End user agreement for Flash Card Factory
Thank you for trying out the Flash Card Factory software! By using this software, you agree to accept a license under and be bound by the following terms and conditions of this agreement (the "Agreement") :
Non-Commercial Use Only
Flash Card Factory is made available to you for your non-commercial use only. This means that you must use the Software for non-commercial purposes and be an individual home user who use the Software for personal use only.
You will need to obtain Umut Ozcan’s permission if you want to use it in a commercial entity, or sell the Flash Card Factory or any information, services, or software associated with or derived from the Flash Card Factory software, or if you want to modify, copy (except as explicitly provided below), license, or create derivative works from the Flash Card Factory software (collectively, "Commercial Use").
In the event that you would like to use the Flash Card Factory software for Commercial Use, please contact me requesting permission for such Commercial Use (and detailing the specific type of Commercial Use requested) via e-mail at firstname.lastname@example.org.
This Agreement allows you to install and use the Flash Card Factory Software on a single computer. You may make copies of the Flash Card Factory Software and distribute such copies to other persons, provided that each such recipient has had an opportunity to review and agrees to be bound by this Agreement prior to any use of the Flash Card Factory Software. If others do not have this opportunity to review and/or do not individually agree to be bound by this Agreement and you would still like to distribute copies to them, you may do so provided that you have the legal right to bind others within your organization to this Agreement. If you do not have this right and the recipients do not have an opportunity to review and/or do not agree to be bound by this Agreement, you may not distribute the Flash Card Factory Software to them.
For each copy of the Flash Card Factory Software authorized under this license, you may make one backup copy, provided your backup copy is not installed or used concurrently on different computers. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Flash Card Factory Software. New-languages.com is not obligated to provide maintenance, support, or updates to you for the Flash Card Factory Software.
If you have comments on the Flash Card Factory Software or ideas on how to improve it, please contact me at http://www.new-languages.com/. Please note that by doing so, you also grant to new-languages.com and third parties permission to use and incorporate your ideas or comments into the Flash Card Factory (or third party software) without further compensation.
You agree that you will use the Flash Card Factory Software in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not agree to, and shall not authorize or encourage any third party to: (i) use the Flash Card Factory Software to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) use the Flash Card Factory Software for any fraudulent or inappropriate purpose; or (iv) act in any way that violates this Agreement, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this license, and may subject you to state, national and/or international penalties and other legal consequences.
Disclaimer of Warranties
To the fullest extent permitted by applicable law, new-languages.com and its licensors and suppliers disclaim any responsibility for any harm resulting from your use of the Flash Card Factory Software and/or any third party software accessed in conjunction with or through the Flash Card Factory.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE FLASH CARD FACTORY SOFTWARE AND ANY THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE FLASH CARD FACTORY SOFTWARE ARE PROVIDED "AS IS," WITH NO WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEW-LANGUAGES.COM AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM (A) ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS; AND (B) ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE FLASH CARD FACTORY SOFTWARE AND SUCH THIRD PARTY SOFTWARE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE FLASH CARD FACTORY SOFTWARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF FLASH CARD FACTORY SOFTWARE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL NEW-LANGUAGES.COM, ITS SUBSIDIARIES AND AFFILIATES OR ITS LICENSORS AND SUPPLIERS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE FLASH CARD FACTORY SOFTWARE. SUCH LIMITATION OF FLASH CARD FACTORY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE FLASH CARD FACTORY SOFTWARE, FROM INABILITY TO USE FLASH CARD FACTORY SOFTWARE OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF FLASH CARD FACTORY SOFTWARE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
It is your responsibility to ascertain whether any copyright or other licenses for use of content are necessary and to obtain any such licenses. You agree to copy, distribute, display, and modify only those materials which you have the necessary permission to use. You agree to hold harmless and indemnify new-languages.com and its subsidiaries, affiliates, and their respective officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Flash Card Factory Software, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, new-languages.com will provide you with written notice of such claim, suit or action.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by new-languages.com.
IF YOU WISH TO TERMINATE THIS AGREEMENT, YOU MAY SIMPLY CEASE USING THE FLASH CARD FACTORY SOFTWARE AND FOLLOW THE UNINSTALL INSTRUCTIONS. NEW-LANGUAGES.COM RESERVES THE RIGHT TO TERMINATE THIS AGREEMENT AND YOUR AUTHORIZATION TO USE THE FLASH CARD FACTORY SOFTWARE AT ANY TIME WITHOUT CAUSE.