Academic Flashcards distribution permissions and end-user license agreement
Academic Flashcards for Windows 95, Windows 98, Windows ME, Windows NT, Windows XP, Windows 2000
Copyright (c) 2010
Settimo Systems, All Rights Reserved
Academic Flashcards is a copyright of Settimo Systems.
1. Settimo Systems grants Shareware and Freeware site a non-exclusive license to test this software for an unlimited period of time. There are three restrictions in the product: The text-to-speech feature and self-test module are not enabled, and a maximum of 50 flashcards can be included in each set. Payment for the product results in removal of these restrictions in the program. Freeware and Shareware hosts who wish to trial the product, without any of its restrictions, may contact Settimo Systems for a free registration number that will enable them to achieve this result. They may also copy icons from the www.academicflashcards.com website for the purpose of marketing AFC on your own website. The Tryout version of AFC may be redistributed by any mean (CDROM, Cover Disc, Web site...) as long as you do not change the original install package. It is important to note that the actual sets of flashcards are not for sale. Only the AFC program which uses the flashcard sets is the actual product for sale.
2. Notice to All Users
Carefully read the following legal agreement ("agreement"), which sets forth license terms for the software identified in the heading above ("software"). By installing the software, you (either an individual or a single entity) consent to be bound by and become a party to this agreement with Settimo Systems if you do not agree to all of its terms, do not click accept and abort this installation
3. License Grant
Settimo Systems hereby licenses use on your own personal computer(s) -up to three computers for the same registration number- desktop(s) and/or portable(s), or multiple users on a single computer, but not both. Usage on a LAN or in a server/workstation environment requires that each workstation accessing the software must be licensed. In practical terms this means the software can be used by a single user *for personal use* on the work computer and the portable computer for that user only. Work usage and personal usage on different computers requires additional licensing. "You" means the company, entity or individual whose funds are used to pay the license fee. "Use" means storing, loading, installing, executing or displaying Academic Flashcards. You may not modify Academic Flashcards or disable any licensing or control features of Academic Flashcards except as an intended part of Academic Flashcards` programming features. When you first obtain a copy of Academic Flashcards, you are granted an unlimited evaluation period with three restrictions on the AFC program. To remove these restrictions, a purchase of the product must be made according to the terms and prices discussed in Academic Flashcards` documentation, or you must remove Academic Flashcards from your system. This license is not transferable to any other system belonging to another organization or individual. You are expected to use Academic Flashcards on your personal use system and to thoroughly evaluate its usefulness and functionality before making a purchase.
4. Copyright and Title
The Software is protected by United States copyright laws and international treaty provisions. Settimo Systems and its suppliers own and retain all right, title and interest in and to the Software, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. You acknowledge that your possession, installation, or use of the Software does not transfer to you any title to the intellectual property in the Software, and that you will not acquire any rights to the Software except as expressly set forth in this Agreement. You agree that any copies of the Software and Documentation will contain the same proprietary notices that appear on and in the Software and Documentation.
You may not rent, lease, loan or resell the Software. You may not permit third parties to benefit from the use or functionality of the Software via a timesharing, service bureau or other arrangement. You may not transfer any of the rights granted to you under this Agreement. You may not reverse engineer, decompile, or disassemble the Software, except to the extent that the foregoing restriction is expressly prohibited by applicable law. You may not modify, or create derivative works based upon, the Software in whole or in part. You may not copy the Software or Documentation except as expressly permitted above. You may not remove any proprietary notices or labels on the Software.
6. Export Controls
You may not download or otherwise export or reexport the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations.
7. Governing Law
This license will be governed by the laws of California, USA as they are applied to agreements between California residents entered into and to be performed entirely within California. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
8. Disclaimer of Warranty
Academic Flashcards and the accompanying files are sold "as is" and without warranties as to performance of merchantability or any other warranties whether expressed or implied. Because of the various hardware and software environments into which Academic Flashcards may be put, no warranty of fitness for a particular purpose is offered.
9. No Other Warranties
Settimo Systems does not warrant that Academic Flashcards is error free. Settimo Systems disclaims all other warranties with respect to Academic Flashcards, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and noninfringement of third party rights. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from jurisdiction to jurisdiction.
10. No Liability for Consequential Damages
In no event shall Settimo Systems or its suppliers be liable to you for any consequential, special, incidental or indirect damages of any kind arising out of the delivery, performance or use of Academic Flashcards, even if Settimo Systems has been advised of the possibility of such damages. In no event will Settimo Systems liability for any claim, whether in contract, tort or any other theory of liability, exceed the license fee paid by you, if any.
11. High Risk Activities
The Software is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities"). Settimo Systems expressly disclaims any express or implied warranty of fitness for High Risk Activities.
In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.
13. Entire Agreement
This is the entire agreement between you and Settimo Systems which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.
(c) Settimo Systems
This license last updated on March 16, 2007
TRIAL VERSION DISTRIBUTION
Shareware and Freeware sites are hereby licensed to download and use as many copies of the Tryout version Academic Flashcards program as they wish and distribute them to anyone provided that all files are intact and remain in the Tryout version. They must distribute the install form of the Tryout Version (distribute the INSTALL file, not the files resulting of an installation). Shareware and Freeware sites are permitted to sell the Trial Version through the Settimo Systems affiliate plan, which itself is through eSellerate. Your 50% commission will be provided after eSellerate receives its order processing and product distribution fee. As of March, 07, this fee is $3. This fee is subject to change over time. Freeware and Shareware Catalog Web sites are authorized to distribute AFC as a direct download file from their site or through the main AFC site at www.academicflashcards.com with or without permission from Settimo Systems. Clients may purchase the product from links within the program itself, or by going to the purchase page of the main website.