FlashUpdate distribution permissions and end-user license agreement


This is a legal agreement between you and Synopsis Software, outlining the terms and conditions associated with the installation or usage of FlashUpdate, the FlashUpdate Client, documentation, and all provided files and their potential upgrades (hereafter referred to as the SOFTWARE).

By installing, copying, or otherwise using the SOFTWARE, you are agreeing to be bound by the terms of this License Agreement. If you do not agree to the terms of this License Agreement, do not install or use the SOFTWARE.

1. Ownership and Copyright

1.1 The SOFTWARE is owned by Synopsis Software, and is protected by copyright laws and international copyright treaty provisions, as well as other intellectual property laws and treaties. All rights not expressly granted are reserved by Synopsis Software. You may not use or copy the SOFTWARE for any purpose other than what is described in this License Agreement.

1.2 The SOFTWARE is licensed, not sold. You are granted permission to install and use the SOFTWARE, only in accordance with this License. All titles, ownership and rights to the SOFTWARE are retained exclusively by SYNOPSIS SOFTWARE.

2. Grant of License

2.1 SINGLE-USER LICENSE. You may install and use one only copy of the SOFTWARE on a single computer. You may not install the SOFTWARE on a network, or in any environment where it is possible for more than one computer to access the SOFTWARE, unless you purchase a MULTI-USER LICENSE. You may make an additional copy of the SOFTWARE solely
for backup and archival purposes. This limitation does not apply to the FlashUpdate Client, which can be distributed to an unlimited number of users, under to the terms of this License Agreement.

2.2 MULTI-USER LICENSE. You may concurrently use one copy of the SOFTWARE for each license fee paid to and accepted by Synopsis Software. The number of copies of the SOFTWARE running simultaneously on any computers may not exceed the number of copies of the SOFTWARE you have licensed.

3. Restrictions of Use

3.1 You may not reverse engineer, decompile, or disassemble the SOFTWARE in any way.

3.2 With the exception of the FlashUpdate Client, you may not copy, rent, lease, lend, clone or emulate the SOFTWARE in any way.

3.3 Unauthorized reproduction, alteration or distribution of the SOFTWARE or any portion of it is strictly prohibited.

3.4 You may not use the SOFTWARE to perform any unauthorized transfer of information (such as transfer of files in violation of a copyright) or for any illegal purpose.

4. Transfer of Rights

You may not rent, sell, lease, sublicense, or otherwise transfer any rights, duties or obligations under this License Agreement, in whole or in part, to any person or entity.

5. Evaluation Version

5.1 You may use the Evaluation Version of the SOFTWARE for a period of up to 30 days, after which you must either purchase it or stop using it.

5.2 The Evaluation Version of the SOFTWARE purposely contains certain restrictions and limitations. You may not attempt to bypass or disable any of these limitations. These restrictions may only be removed by purchasing a license to use the SOFTWARE from Synopsis Software.

5.3 You may not distribute the Evaluation version of the SOFTWARE in any software bundle or compilation, without having first obtained written consent from Synopsis Software. However, a written authorization is not required for electronic distribution of the Evaluation Version via download on the Internet.

6. Upgrades

6.1 You must be licensed to use the SOFTWARE to be licensed to install or use any upgrades to the SOFTWARE. The licensed upgrade must replace the licensed SOFTWARE, and can only be used in accordance with the terms of this License Agreement.

6.2 Synopsis Software reserves the exclusive right to set its policies and prices regarding upgrades, updates and enhancements, at its own discretion and without prior notification.

7. Termination

This License Agreement is effective until terminated, but Synopsis Software reserves the right to terminate this License Agreement if you fail to comply with any term or condition of this License. Upon any such termination you must destroy the original and any copies of the SOFTWARE.

8. Disclaimer of Warranties

The SOFTWARE is distributed "as is." No warranty of any kind is expressed or implied. You accept all risk as to the performance of the software. Synopsis Software makes no warranty that the SOFTWARE is free of errors or will operate without interruption, or that the SOFTWARE will meet your requirements in any way. Synopsis Software may decide at its own discretion whether or not to provide support for the SOFTWARE, or attempt to correct errors in the SOFTWARE.

9. Limitation of Liability

Synopsis Software will not be held responsible for any direct or indirect, incidental or consequential damages whatsoever (including but not limited to, loss of information, loss of profits, business interruption, personal injury), that results from the use or inability to use the SOFTWARE, regardless of its awareness of the potential for such damages or loss. Synopsis Software will also not be held responsible for any damage resulting from the distribution, use or misuse of the FlashUpdate Client.

10. Governing Law

This License shall be governed by the laws of the United States and the State of California. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

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