End User License Agreement - Flaming Pear Software

Flaming Pear End User License Agreement

This is a legal agreement (the "Agreement") between you (either an individual or an entity), the end-user, and Flaming Pear Software ("Flaming Pear"). By installing the computer software in this package ("Software"), by loading or running the Software, or by placing or copying the Software onto your computer hard drive, you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, promptly return the Software and the accompanying items (including all written materials), along with your receipt to the place from where you obtained them for a full refund.

FLAMING PEAR LICENSE

1. GRANT OF LICENSE. Flaming Pear Software grants a free 30 day license for use of this software (Flexify 2), starting from the date of first use, after which time said software must be registered with Flaming Pear Software with appropriate compensation and registration forms. Under no circumstances may the software be used beyond the free 30 day licensing period unless the previously stated conditions have been satisfied. You must purchase a separate copy of the software for each computer it is used on. Flaming Pear grants to you the right to use one (1) copy of the enclosed Software on a single computer. For purposes of this section, "use" means installing the Software into RAM, as well as installation on a hard disk or other storage device. You may make multiple installations of the Software on a single computer.

You may not: rent, lease, distribute, modify, translate, disassemble, decompile, reverse engineer, or create derivative works based upon the Software. The Software, together with any archive copy thereof, shall be either returned to Flaming Pear or destroyed when no longer used in accordance with this Agreement, or when the right to use the Software is terminated.

2. PORTABLE OR HOME COMPUTER USE. You may install a second copy of the Software for your exclusive use on either a portable computer or a computer located at your home, provided that the Software on the portable or home computer is not used at the same time as the Software on the primary computer.

3. COPYRIGHT. The Software is owned by Flaming Pear and is protected by United States copyright laws and international treaty provisions. You must treat the Software like any other copyrighted material, except that you may either (a) make one copy of the Software solely for back-up or archival purposes, or (b) transfer the Software to a single hard disk provided you keep the original solely for back-up or archival purposes. You may not otherwise reproduce, copy or disclose to others, in whole or in any part, the Software. You may not copy the written materials accompanying the Software.

4. OTHER RESTRICTIONS. This Agreement is your proof of license to exercise the rights granted herein and must be retained by you. You may not rent or lease the Software, but you may transfer your rights under this License Agreement on a permanent basis provided you transfer this License Agreement, the Software, and all accompanying written materials and retain no copies, and the recipient agrees to the terms of this Agreement. Any transfer of the Software must include the most recent update and all prior versions.

5. GENERAL PROVISIONS. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. If any provision is determined to be unenforceable, you agree to a modification of such provision to provide for enforcement of the provision's intent, to the extent permitted by applicable law. Failure of a party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. If you fail to comply with any terms of this Agreement, YOUR LICENSE IS AUTOMATICALLY TERMINATED.

LIMITED WARRANTY

LIMITED WARRANTY. Flaming Pear warrants that if properly installed and operated on a computer for which it is designed, the Software will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt.

CUSTOMER REMEDIES. Flaming Pear's entire liability and your exclusive remedy shall be, at Flaming Pear's option, either (a) return of the price paid or (b) repair or replacement of the Software that does not meet Flaming Pear's Limited Warranty.

Flaming Pear Software is not responsible for any damage to the purchaser's computer system or data and in no event will Flaming Pear Software, its officers, directors, employees or agents be responsible to the purchaser for any consequential, incidental, or indirect damages (including damages for loss of business profits, business interruption, loss of business information and the like) arising out of the use or inability to use the Flaming Pear Software product, even if Flaming Pear Software has been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

EXCLUSIVE REMEDIES. You agree that your exclusive remedy against Flaming Pear, its affiliates, contractors, suppliers, and agents for loss or damage caused by any defect or failure in the Software regardless of the form of action, whether in contract, tort, including negligence, strict liability or otherwise, shall be the return of the purchase price paid or replacement of the Software. This Agreement shall be construed in accordance with and governed by the laws of the Republic of Iceland. Copyright and other proprietary matters will be governed by Icelandic laws and international treaties. IN ANY CASE, FLAMING PEAR SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR OTHER LEGAL THEORY EVEN IF FLAMING PEAR SOFTWARE OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.