End user agreement for 123 Flash Chat Software (Mac)
END USER LICENSE AGREEMENT
-=123 FLASH CHAT SERVER SOFTWARE=-
Version 9.7, Aug. 2012
Copyright(c) 2001-2012 TOPCMM Software Corp. All Rights Reserved.
IMPORTANT - 123FLASHCHAT END USER LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND 123FLASHCHAT. PLEASE READ CAREFULLY BEFORE INSTALLING 123FLASHCHAT. The act of installing and using this software indicates your acceptance of the following License Agreement.
123FLASHCHAT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. 123FLASHCHAT is limited to the present license of 123FLASHCHAT you purchase. You can upgrade to a new license to support more connections later by making up the price difference.
1. GRANT OF LICENSE
>> NON-REGISTERED USERS
Non-registered users are granted a trial edition to evaluate 123FLASHCHAT. The unregistered version is intended for evaluation only and may not be used for commercial purposes.
123FLASHCHAT is not a freeware. Subject to the terms below, you are hereby allowed to use this trial edition for evaluation purpose without being charged, with a 10 connection limit.
If you find this SOFTWARE useful and want to use it without the restrictions of 10 connection limit, you must make a registration payment. When payment is received you will receive your own full license key via email.
>> REGISTERED USERS
After payment of license, the AUTHORS (TOPCMM) grant you the right to use one license of 123FLASHCHAT at any time. You may only make copies of 123FLASHCHAT for backup and archival purposes. Prohibit causing or permitting the reverse engineering, disassembly or de-compilation of the Products. Prohibit use of 123FLASHCHAT in excess of the total connection limit, domains, chat servers, physical servers and other limits as defined in the purchased license.
The license is bound with the one exclusive domain, the one exclusive IP for one company, and can't be resold or rent to other domains, neither as extra chat group nor as chat room/channel.
The license you have purchased has a concurrent users limit, an 100 user license means there can be 100 users simultaneously in all your chat rooms.
A unique license key will be issued for one domain name. Therefore, the license is not only on a per server basis, but also on a per domain basis.
The license information can be found in the "about" panel or in the admin panel-> License panel in the full version.
(1) Multiple Domains
If multiple domains need to share one license on one chat server, it costs an extra $100 setup fee to add each domain name to the access list from the second domain name. Unless multiple domain names direct to the same website, then TOPCMM can add them without extra charge.
(2) Domain Change
It's okay to change the domain name occasionally, write to firstname.lastname@example.org to request and the change will be arranged, a $50 service fee will be required. Once the binding between the new domain and the chat license is accomplished, the old domain won't be able to use the chat license any more. Frequent change of domain binding will involve extra charge, $100 per hour. And the domain change service will also be subject to the upgrade and tech support subscription period mentioned in the following item 5.
You agree that TOPCMM may audit your use of 123FLASHCHAT for compliance with these terms at any time, upon reasonable intention.
The AUTHORS reserve all rights not expressly granted.
123FLASHCHAT is owned by TOPCMM and is protected by China and other countries' copyright laws and international treaty provisions.
Therefore The Buyer must treat 123FLASHCHAT like any other copyrighted material and not reproduce it except that The Buyer may either:
(a) Make internal copies of 123FLASHCHAT solely for backup or archival purposes, or
(b) Transfer 123FLASHCHAT internally to a hard disk provided The Buyer keep the original solely for backup or archival purposes.
Only the trial edition of this SOFTWARE may be freely distributed, and you must include all files in the original distribution.
You are prohibited from the distribution of 123FLASHCHAT full version or even charging a fee for it in any case.
You are prohibited from electronically transfer the Software from one computer to another or over a network.
4. PRO/ISP Edition For ISP TO RUN HOSTING BUSINESS FOR MULTIPLE COMPANIES
Even the PRO edition has one domain limit, and only one group included. PRO buyer can purchase extra groups from TOPCMM to get authorization and run hosting business.
The ISP license can be used by enterprise users, too. And an enterprise will be required to pay $100/group for its subsidiaries or branches.
5. UPDATE AND SUPPORT SUBSCRIPTION
The Buyer of the SOFTWARE will get free update and email support service for a certain period, for example, six months. The service period changes according to the purchased license type and the time limit chart can be found at http://www.123flashchat.com/purchase-faq.html. However, the significant version upgrade will require additional upgrade fee.
When the subscription expires, if upgrade and technical support is still needed, you are required to pay yearly fee to extend the service subscription. But if you are fine with the current version, no extra charge will be involved.
The Buyer's licensing rights don't grant the Buyer any rights on the previous releases of 123FLASHCHAT.
You are welcome to apply to be 123 Flash Chat affiliate in our affiliate system and get commission for any purchase through your website, but even in that case, the product will still be issued from TOPCMM to your customers.
7. NO WARRANTIES
TOPCMM 123FLASHCHAT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE ENTIRE RISK ARISING OUT OF USE OF 123FLASHCHAT PRODUCT REMAINS WITH YOU.
TOPCMM 123FLASHCHAT assumes no liability or responsibility for any (i) errors, mistakes, (ii) property damage, of any nature whatsoever, resulting from your use of the Software, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Software by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Software.
There is no warranty of non-infringement. The credits consumed in the chat software are virtual currency only, and since the action of purchasing is done via the 3rd-party payment dealers like Paypal, 2Checkout, etc., 123FlashChat has nothing to do with the payment process, so if during which process the customer's credit card, paypal or 2checkout account is hacked, 123FlashChat won't record or do any operation about it, and consequently 123FlashChat offers no warranty of the account security. There is no guarantee that the credits in the chat won't be hacked by any 3rd-party.
8. TERM AND TERMINATION
The term of this license will begin with installation of this SOFTWARE. This license will automatically terminate upon your failure to comply with any of the terms of this agreement, whichever comes first. When this license ends, for whatever reason, you must destroy all copies of 123FLASHCHAT.
9. 30-day Refund Guarantee
We are so certain you will love our chat software that we are now offering an unconditional 30-day money-back guarantee.
If, for any reason whatsoever, you are not 100% satisfied with your chat software, just contact us within 30 days after you've made your purchase for and we'll refund your entire purchase with no questions asked.
- Apply to new license and/or module purchased.
- Apply to new hosting fee.
- Service fee not refundable.
- Customization fee not refundable.
All Rights reserved to:
TOPCMM Software Corp.
Building 155, No. 3800, Dushi Road, Cambridge Villa, Minhang District, Shanghai, China.