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- FlashCapture Version 1.5 End-User License Agreement
- Copyright(c) 2002-2003 Dreamingsoft, Inc.
- All Rights Reserved
-
- Installing and using this Software signifies acceptance of these terms
- and conditions of the license. If you do not agree with the terms of this
- license, you must remove this Software from your storage devices and cease
- to use this product.
-
- The Software is protected by copyright laws and international copyright
- treaties, as well as other intellectual property laws and treaties. The
- Software is licensed, not sold and always remains the property of
- Dreamingsoft, Inc.
-
-
- DEFINITIONS
- For the purpose of this Agreement, "Software" shall mean the software
- identified above, including but not limited to any updates, modifications,
- revisions, copies, and associated documentation provided by Dreamingsoft, Inc.
-
-
- GRANT OF LICENSE
- Evaluation Terms and Conditions
- You may use this Software solely for evaluation purposes without charge for
- a period of fourteen (14) days. You are free to distribute exact copies of
- the Software to anyone. You are prohibited from selling, or requesting
- donations, for any copies of the Software you distribute. You must include a
- copy of this license with any copy of the Software. You may not remove or
- alter any identification, proprietary notice, label, or trademarks which
- appear on or in the Software. Continued use of the Software after the
- fourteen (14) day evaluation period requires purchase of a full license. For
- more information about payment methods, please see ORDER.TXT, included with
- the Software.
-
- Full License Terms and Conditions
- Once registered, you are granted a non-exclusive license to use the Software
- on one or more computers, or allow multiple persons to nonsimultaneously use
- the Software on a single computer, but not both. This is not a concurrent use
- license. If the Software is installed on a network server and accessed by
- multiple workstations, you must purchase a license for each computer on which
- the Software is used. You may not provide third parties access to the
- Software in connection with a service bureau, application service provider,
- or similar business. The registered Software may not be rented or leased but
- may be permanently transferred, if the person receiving it agrees to terms of
- this license. If the software is an update, the transfer must include the
- update and all previous versions.
-
- All rights of any kind in the Software which are not expressly granted in this
- license are entirely and exclusively reserved to and by Dreamingsoft, Inc.
-
-
- RESTRICTIONS
- THE SOFTWARE CANNOT BE MODIFIED. YOU MAY NOT DECOMPILE, DISASSEMBLE OR
- OTHERWISE ATTEMPT TO ACCESS THE SOURCE CODE OF THE SOFTWARE; EXCEPT AND ONLY
- TO THE EXTENT PERMITTED APPLICABLE LAW NOTWITHSTANDING THIS LIMITATION.
-
- The information contained in the Software is confidential and proprietary to
- Dreamingsoft, Inc., and Dreamingsoft, Inc. retain title to all copyright,
- patent, trademark, trade secrets, and other proprietary rights embodied in
- or related to the Software.
-
-
- TERMINATION
- Failure to comply with any provision provided in this Agreement or the use of
- the Software in a way not authorized or permitted under this Agreement will
- result in an automatic termination of this license.
-
- Dreamingsoft, Inc. may, at its sole discretion, terminate this Agreement, the
- license granted herein, and your right to use or access the Software at any
- time.
-
- On termination, you must destroy all copies of the Software.
-
-
- UPGRADES, MAINTENANCE AND SUPPORT
- During the term of this Agreement, Dreamingsoft, Inc. is under no obligation
- to provide upgrades, maintenance, or installation for the Software.
- Dreamingsoft, Inc. may provide support for the Software as governed by the
- documentation, and other Dreamingsoft, Inc. materials related to and included
- with the Software. Dreamingsoft, Inc. reserves the right to revoke or modify
- support provided for the Software at any time, for any or no reason.
-
-
- DISCLAIMER OF WARRANTY
- THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
- OR IMPLIED, INCLUDING ANY WARRANTY OF QUALITY, MERCHANTABILITY, OR FITNESS
- FOR A PARTICULAR PURPOSE. DREAMINGSOFT, INC. DOES NOT WARRANT THAT THE
- SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL OPERATE UNINTERRUPTED
- OR ERROR-FREE.
-
- NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A WARRANTY OR A REPRESENTATION
- BY DREAMINGSOFT, INC. THAT THE SOFTWARE WILL BE FREE FROM INFRINGEMENT OF THE
- INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. DREAMINGSOFT, INC. HEREBY
- EXPRESSLY DISCLAIMS AND SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY ARISING AS
- A RESULT OF OR IN CONNECTION WITH ANY CLAIM OR SUIT ALLEGING THAT THE
- DISTRIBUTION OR USE OF THE SOFTWARE INFRINGES THE RIGHT OF ANY THIRD PARTY.
-
- IN NO EVENT WILL DREAMINGSOFT, INC. BE LIABLE FOR LOSS OF DATA, COSTS OF
- PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR ANY SPECIAL, CONSEQUENTIAL OR
- INCIDENTAL DAMAGES, UNDER ANY CAUSE OF ACTION AND REGARDLESS OF WHETHER OR
- NOT DREAMINGSOFT, INC. HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
- THIS LIMITATION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE
- OF ANY LIMITED REMEDY PROVIDED HEREIN. IN ANY EVENT, DREAMINGSOFT, INC.'S
- LIABILITY ARISING OUT OF THIS AGREEMENT, THE TERMINATION THEREOF, AND/OR THE
- PROVISION OF GOODS OR SERVICES HEREUNDER WILL BE LIMITED TO THE GREATER OF
- U.S. $1.00 OR THE AMOUNT PAID BY YOU FOR THE LICENSED SOFTWARE.