Flash Video Recorder distribution permissions and end-user license agreement
Ovation Consulting Group
SINGLE-USER LICENSE AGREEMENT
The following definitions apply in this Agreement:
"Software" is defined as Flashsyndrome Softwares, copyright to the Licensor
"Documentation" is defined as any and all documents, whether hardcopy or electronic, which are supplied with the Software.
This Single-User License Agreement forms an agreement between:
Ovation Consulting Group (Sole Proprietorship under the Companies Act and having its registered office at Winter Park, Florida, USA)
(hereinafter referred to as "The Licensor")
An individual who installs the Software and the Documentation from any source (hereinafter referred to as "The Licensee")
BY INSTALLING THE SOFTWARE, THE LICENSEE IS BOUND BY THE TERMS OF THIS AGREEMENT.
The Licensor GRANTS to the Licensee a non-exclusive license to use the Software and the Documentation in the manner described below under "Scope of Grant."
2.Scope Of Grant.
It is a material condition of this Agreement that the Licensee may:
1. use the Software on any single computer;
2. use the Software on a network, provided that each person accessing the Software through the network must have a copy licensed to that person;
It is a material condition of this Agreement that the Licensee does not:
1. permit concurrent use of the Software;
2. permit other parties to use the Software except under the terms listed above;
3. copy or permit copying of the Software and/or the Documentation;
4. modify, translate, reverse engineer, decompile, disassemble or create derivative works based on the Software;
5. sell, assign, rent, lease, grant a security interest in, distribute or in any other way transfer rights to the Software or any component part or parts of the Software;
6. sell, assign, rent, lease, grant a security interest in, distribute or in any other way transfer rights to any product, program or system containing any component part
or parts of the Software;
7. remove any proprietary notices or labels on or in the Software.
Failure by the Licensee to comply with any of the conditions contained in this Agreement will entitle the Licensor to hold the Licensee in breach of this agreement and
to raise an action against the Licensee for breach of contract and to hold the Licensee responsible for all the Licensor`s losses. In the event that the Licensee is in
breach of any of the conditions contained in this Agreement the license will terminate immediately. On termination, the Licensee must destroy all copies of the
Software and Documentation to the satisfaction of the Licensor, of which the Licensor shall be the sole judge.
Title, ownership rights, copyright and intellectual property rights in the Software and Documentation shall remain in the Licensor.
5.Limitation Of Liability.
Under no circumstances shall the Licensor or its suppliers or resellers be liable to the Licensee or any other person for any indirect, special, incidental, or
consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all
other commercial damages or losses.
6.High Risk Activities.
The Software is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance,
such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in
which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). the Licensor and
its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
This Agreement represents the complete agreement concerning this license and may amended only by a writing executed by both parties. The acceptance of any
purchase order placed by the Licensee is expressly made conditional on the Licensee`s assent to the terms set forth herein, and not those in the Licensee`s purchase
order. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This
Agreement shall be governed by the law of the United States of America.
Ovation Consulting Group
Winter Park, FL USA
SOFTWARE DISTRIBUTION AGREEMENT FOR
This Software Distribution Agreement (hereinafter referred to as "AGREEMENT") is a legal AGREEMENT between you, and Ovation consulting Group (hereinafter referred to as "AUTHOR") for distributing the computer software program entitled Flashsyndrome Softwares /Shareware Version (hereinafter referred to as "SOFTWARE").
This AGREEMENT describes the terms and conditions by which AUTHOR will license other parties to distribute the SOFTWARE which is intended solely for distribution as SHAREWARE. No use, distribution or reproduction of the SOFTWARE or copies of the SOFTWARE is authorised except in compliance with the terms and conditions herein. Distribution of the SOFTWARE in accordance with the provisions of this Software Licence Agreement is encouraged.
You should carefully read the following terms and conditions before distributing this SOFTWARE. Unless you have a different licence AGREEMENT signed by AUTHOR, your use of this SOFTWARE indicated your acceptance of this licence AGREEMENT.
By copying or distributing this SOFTWARE, you agree to be bound by the terms and conditions of this AGREEMENT as well as those of the "Software Licence Agreement".
As stated, the SOFTWARE is marketed as SHAREWARE. As it seems that there is a bit of confusion between freeware, shareware and public domain, the following attempts to define this terms in a way most software publishers understand them to be.
Definition of Shareware
Shareware distribution gives users a chance to try software before buying it. If you try a Shareware program and continue using it, you are required to register it (or purchase the Licensed version).
Copyright laws apply to both Shareware and retail software, and the copyright holder retains all rights, with a few specific exceptions as stated below. Shareware authors are accomplished programmers, just like retail authors, and the programs are of comparable quality. (In both cases, there are good programs and bad ones!) The main difference is in the method of distribution. The author specifically grants the right to copy and distribute the software, either to all and sundry or to a specific group. For example, some authors require written permission before a commercial disk vendor may copy their Shareware.
Shareware is a distribution method, not a type of software. You should find software that suits your needs and pocketbook, whether it`s retail or Shareware. The Shareware system makes fitting your needs easier, because you can try before you buy. And, because the overhead is lower, prices are lower also. Shareware has the ultimate money-back guarantee - if you do not use the product, you do not pay for it.
GENERAL TERMS AND CONDITIONS
AUTHOR shall be credited as the owner of the SOFTWARE in all distribution of the SOFTWARE. AUTHOR is the exclusive world-wide licenser of the SOFTWARE, and the copyrights and other proprietary rights therein. The SOFTWARE is intended solely for distribution as SHAREWARE (i.e., try-before-you-buy software); it is not public domain or free software or freeware.
The SOFTWARE shall be identified by name and shall be identified as SHAREWARE in all distribution.
You may copy and/or distribute the SOFTWARE only in its original, unaltered form, with all files included unmodified, and without making any additions, modifications or deletions except as provided in this paragraph. You may not modify the SOFTWARE or any of its files, and the SOFTWARE must be distributed as a complete package. You may not change, delete, merge or rename any files or elements of the SOFTWARE in any manner, and you may not add any files or new elements (except for installation routines which do not interfere with the proper operation or installation of the SOFTWARE).
Since the SOFTWARE is intended for distribution only as SHAREWARE, you shall not charge any fee or other compensation for the SOFTWARE, although you may charge a distribution fee for costs associated with distributing the SOFTWARE. You are permitted, and encouraged, to make and distribute copies of the SOFTWARE to your friends, family members and co-workers for your and their private non-commercial use, in compliance with the terms and conditions hereof. You recognise that your right to distribute the SOFTWARE is nonexclusive and that AUTHOR can terminate the license granted to you at any time for any reason upon notice. AUTHOR reserves the right to withhold or withdraw permission to distribute the SOFTWARE from anyone at any time for any reason. The other provisions hereof shall survive any expiration or termination of this AGREEMENT. You shall take reasonable steps to ensure that the SOFTWARE and any other software, documentation and other materials distributed with the SOFTWARE are free from viruses. You may not use, copy, modify, distribute or transfer the SOFTWARE or any element thereof in whole or in part, except as expressly provided for herein. You may not rent or lease the SOFTWARE to anyone.
AUTHOR reserves the right to update the contents of the SOFTWARE and its associated files, documentation and/or other elements, at its discretion from time to time, without the consent of, or any obligation to, any licensed users or distributors. You will hold AUTHOR, family members, distributors, licensees, sub-licensees and lawyers harmless from and against any and all claims, actions, damages, losses, liabilities, costs and expenses arising directly or indirectly from your acts and omissions in copying and distributing the SOFTWARE. If any provision of this AGREEMENT is held to be void, invalid or unenforceable, it will not affect the validity of the balance of this AGREEMENT, which shall remain valid and enforceable according to its terms and conditions. This agreement shall be governed by the laws of the United States of America.