Flash Clock distribution permissions and end-user license agreement



1. Definitions

(a) "USFLASHMAP" means USFlashMap.com and its suppliers and licensors, if any.
(b) "Not For Resale (NFR) Version" means a version of the Software, so identified, to be used to review and evaluate the Software, only.
(c) "Software" means the USFlashMap software program supplied by USFlashMap herewith, which may also include documentation, associated media, printed materials, and online and electronic documentation.
(d) "One project" or "One product" means that the software can be integrated into one single product, installed on user PC or Server.
(e) "Unlimited number of projects/products" means that the software can be integrated into many number of single product (unlimited number), installed on user PC or Server.
(f) "One website domain" is applied to products and project licensed per domain. Product package may include license for more than one website domain, if it is specified in the product package and licensing.
i. Every website domain may have unlimited number of subdomains (subdomain.yourdomain.com is treated as a part of www.yourdomain.com and does not require any additional licensing)
ii. More domain licenses are required if the software is published on several URL addresses, even if the Software is located on one physical server.
(g) “Unlimited number of website domains” means that this product package or project license includes permission to publish the software on any number of website domains without any limitations and restrictions.

2. License

This EULA allows you to:
(a) Install and use the Software on a single computer; OR install and store the Software on a storage device, such as a network server, used only to install the Software on your other computers over an internal network, provided you have a license for each separate computer on which the Software is installed and run. A license for the Software may not be shared or used concurrently on different computers.
(b) Install and use the Software on ONE WEBSITE domain with all subdomains in the Internet / Intranet or Extranet.
(c) Beta/Trial Version Only. If you have obtained a license for the Beta or Trial Version of the Software, then you may install and store the Software on a single computer ONLY. You are not permitted to use either the Beta or the Trial version for commercial use.
(d) Make one copy of the Software in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software.

3. License Restrictions

(a) Other than as set forth in Section 2, you may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network.
(b) You may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
(c) You may not rent, lease, or sublicense the Software.
(d) You may permanently transfer all of your rights under this EULA only as part of a sale or transfer, provided you retain no copies, you transfer all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA, and the serial numbers), and the recipient agrees to the terms of this EULA. If the Software is an upgrade, any transfer must include all prior versions of the Software. You may not sell or transfer any Software purchased under a volume discount.
(e) You may not modify the Software or create derivative works based upon the Software except external configuration files, required for customization.
(f) (USA only) You may not export the Software into any country prohibited by the United States Export Administration Act and the regulations there under.
(g) In the event that you fail to comply with this EULA, USFLASHMAP may terminate the license and you must destroy all copies of the Software.
(h) Background images, graphics, sounds and any other support materials are a part of the software and can can not be unincorporated from the software for any commercial or non-commercial use. These materials are protected by United States and international copyright laws and treaties and provided on non-exclusive, non-transferable license to use only as a part of the Software. Any manufacturing or duplication run(s)of such materials without additional permission is forbiddend.

4. Upgrades

If this copy of the Software is an upgrade from an earlier version of the Software, it is provided to you on a license exchange basis. You agree by your installation and use of this copy of the Software to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the Software or transfer it to another person or entity unless such transfer is pursuant to Section 3.

5. Ownership

The foregoing license gives you limited , non-exclusive license to use the Software. USFLASHMAP and its suppliers retain all right, title and interest, including all copyrights, in and to the Software and all copies thereof. All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved by USFLASHMAP and its suppliers. FutureVision Web Solutions is the exclusive copyright of USFLASHMAP.

6. Third Party Software

(a) Microsoft, Windows NT, and the Microsoft Internet Explorer logo are registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries.
(b) Netscape and Netscape Navigator are registered trademarks of Netscape Communications Corporation in the United States and other countries. Netscape's logos and Netscape product and service names are also trademarks of Netscape Communications Corporation, which may be registered in other countries.
(c) Adobe is a registered trademark of Adobe Systems Incorporated.
(d) Macromedia and Flash are registered trademarks of Adobe (formerly Macromedia, Inc) in the United States and other countries. Macromedia logos are also trademarks of Macromedia, Inc which may be registered in other countries.

7. Limited Warranty and Disclaimer

(a) LIMITED WARRANTY. USFLASHMAP warrants that, for a period of ninety (90) days from the date of delivery (as evidenced by a copy of your receipt): (i) when used with a recommended hardware configuration, the Software will perform in substantial conformance with the documentation supplied with the Software; and (ii) the physical media on which the Software is furnished will be free from defects in materials and workmanship under normal use.
(b) No other warranty, except as set forth in the foregoing limited warranty, USFLASHMAP and its suppliers disclaim all other warranties, either express or implied, or otherwise including the warranties of merchantability and fitness for a particular purpose. Also, there is no warranty of non-infringement, title or quiet enjoyment. If applicable law implies any warranties with respect to the software, all such warranties are limited in duration to ninety (90) days from the date of delivery. No oral or written information or advice given by USFLASHMAP, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty.
(c) (USA only) some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

8. Limitation of Liability

(a) Neither USFLASHMAP nor its suppliers shall be liable to you or any third party for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, business, interruption or the like), arising out of the use or inability to use the software or this EULA based on any theory of liability including breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if USFLASHMAP or its representatives have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose.
(b) (USA only) some states do not allow the limitation or exclusion of liability for incidental of consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from state to state.

9. Basis of Bargain

The Limited Warranty and Limited Liability set forth above are fundamental elements of the basis of the agreement between USFLASHMAP and you. USFLASHMAP would not be able to provide the Software on an economic basis without such limitations.

10. Software Authentication

The end licensed user agrees to the approval of online authentication to activate and enable this software. Product Information is sent during installation and use of the software and is used strictly for authentication. The end user agrees to this transfer of information and USFLASHMAP cannot be held liable for any damage caused during this transfer. All information is kept strictly confidential.

11. Compliance with the License

If you are a business, company, or organization, you agree that USFLASHMAP has the right to claim you, your company or organisation as USFLASHMAP customer using this Software. USFLASHMAP has the right to mention your name, the name of your company or organisation in all printed documents, or websites.

12. Consent to Use the Data

You agree that USFLASHMAP may collect and use technical information you provide as a part of support services related to the Software.

13. Refund Policy

Refunds are issued at the discretion of the company management within the period of 30 days after the date of purchase. In your claim, please, include explanation of reasons for a refund, and your order information.
Prior to ordering, please, make sure you have carefully read and understood the product's system requirements. Please also mind server side requirements (if software requires server-side support: scripting language and database). If you are not sure about product compatibility, or have questions about product features, please contact our SUPPORT CENTER. All inquiries are free of charge.
Before ordering both TRIAL versions and COMMERCIAL license(s), you must accept the terms of the Agreement before order and installation.
Unlike physical goods, electronically distributed software and software licenses can be duplicated. Once a purchase has been made, it is unfortunately not possible for us to recall all copies. We DO honour requests for the refund on the following reasons:
(a) Fraud or redundant order: The product was not purchased by you, and the purchase is a fraud, or the product you purchased has been purchased for multiple redundant times.
(b) Product not-as-described: product that was purchased is not the same as has been described on the website or by the SUPPORT OPERATOR. A request based on that reason is an severance of agreement between both parties, because of the seller's fault or technical issue;
(c) Irreparable defects and support team is not able to fix: anyway all products are tested before publishing, some problems may occur due to the human element, in that case we are offering you to contact our support department, where all technical issues can be solved for sure;
(d) Product was not delivered within 7 business days: in case of waiting for order confirmation or product delivery for more than 7 business days.
*ADDITIONAL NOTE: Unlike packages with licensing per website domain, it is impossible to control usage of the source code. Product package that comes with the source code (usually Unlimited or Webmaster package) is a subject of additional treatment and USFLASHMAP does not provide refunds for such products. Ask for TRIAL versions prior to ordering packages with the source code.

14. Termination

Without prejudice to any other rights, USFLASHMAP may cancel this EULA if you do not abide by the terms and conditions of this EULA. In this case you must destroy all copies of the Software and all of its component parts.

15. General Provisions

If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms.

16. Amendments

This Agreement may only be modified by a writing signed by an authorized person of USFLASHMAP. Updates may be licensed to you by USFLASHMAP with additional or different terms. This is the entire agreement between USFLASHMAP and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.

Thank you for using USFASHMAP SOFTWARE.

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