FlexHEX distribution permissions and end-user license agreement

END USER LICENSE AGREEMENT FOR FLEXHEX EDITOR

IMPORTANT- PLEASE READ CAREFULLY: BY INSTALLING THE SOFTWARE (AS DEFINED BELOW), COPYING THE SOFTWARE AND/OR CLICKING ON THE "ACCEPT" BUTTON BELOW, YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AGENT AND/OR EMPLOYEE) AGREE TO ALL OF THE TERMS OF THIS END USER LICENSE AGREEMENT ("AGREEMENT") REGARDING YOUR USE OF THE SOFTWARE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, CLICK ON THE "NO" BUTTON AND/OR DO NOT INSTALL, COPY OR OTHERWISE USE THE SOFTWARE.


THIS IS A CONTRACT BETWEEN YOU AND INV SOFTWORKS LLC

This License Agreement accompanies Inv Softworks LLC Software and related explanatory materials and extends to any upgrades, modified versions, updates, additions, and copies of the Software licensed to You by Inv Softworks LLC. This copy of the Software is licensed to You as the end user or to your employer and/or principal or another third party authorized to permit your use of the Software.

The Software is protected by applicable national copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. Inv Softworks LLC retains all the rights, which are not expressly granted to You according to the present License Agreement.

1. DEFINITIONS

"Software" means the commercial version of FlexHEX Editor including but not limited to object code, source code, documentation and associated media and printed materials.

"You" means an individual and/or a legal entity exercising rights under, and complying with all of the terms of, this License.

"Inv Softworks LLC" is a company owning exclusive rights to the Software.

2. LICENSE

Subject to the restrictions contained in this Section 5, Inv Softworks LLC grants to You a nonexclusive, royalty-free license to use the items of the Software. Additional restrictions may apply depending on the type of the license granted.

Your license confers no title or ownership in the Software and should not be construed as a sale of any right in the Software.

a. Trial License

Inv Softworks LLC grants to You a nonexclusive, royalty-free license to use the items of the Software during the evaluation period of 30 days. Upon expiration the program is due to be removed from your system by You.

b. Home License

The Home License grants You the right to use the Software at home for unlimited period of time for non-commercial purposes.

c. Corporate License

The Corporate License grants You the right to use the Software for unlimited period of time in a corporate or governmantal environment.

d. Academic License

The Academic License grants You the right to use the Software for unlimited period of time for non-commercial purposes in an academic environment.

3. DISTRIBUTION RIGHTS

You may distribute the Software without limitation provided that You distribute the package/installation files in original form without changing them in any ways and the distribution does not include license/activation codes.

4. RIGHTS GRANTED BY THE PRESENT LICENSE

According to the present License Agreement You are entitled to:

a. Install/use the Software on a single computer unless otherwise indicated under a valid license (e.g. volume license) granted by Inv Softworks LLC.

b. Copy the Software solely for backup or archival purposes.

5. LIMITATIONS OF USE

You do not have the right to:

a. Install/use the Software on more than permitted number of computers at the same time;

b. Sublicense the Software;

c. Copy the Software, in whole or in part, except as provided in this Agreement;

d. Permit simultaneous use of the Software by more than permitted number of users;

e. Reverse engineer, decompile, or disassemble the Software except for the cases and only to the extent when it is directly allowed by the applicable law. At that, You shall first request Inv Softworks LLC in writing to provide You with the necessary information, which You want to obtain as a result of reverse engineering, decompiling, or disassembling the Software. Inv Softworks LLC has the right to impose reasonable conditions such as a reasonable fee for doing so. Requests for information should be directed to the Inv Softworks LLC at the address provided in the Software or such other address as may be made available on www.flexhex.com from time to time;

f. Modify, or create derivative works based upon the Software in whole or in part;

g. Remove any proprietary notices or labels on the Software; or

h. Resell, lease, rent or otherwise transfer rights to the Software, as provided by this License;

i. Transfer the Software to any third persons;

j. Use of the Software does not grant You any other rights to use other products of Inv Softworks LLC, except for the rights stipulated by the corresponding licenses to these products;

6. TECHNICAL SUPPORT AND UPGRADES

Technical support and upgrades of the Software is provided under a separate contract between You and Inv Softworks LLC. Your license may or may not include technical support and upgrade contract for a certain period.

7. AMENDMENT AND TERMINATION OF THE LICENSE AGREEMENT

This License Agreement is effective until terminated. Inv Softworks LLC has the right to terminate this license at any time immediately if You are in breach of any of its terms and conditions. Upon any such termination You must stop use of Software and return all full and partial hard copies of the items in the Software immediately to Inv Softworks LLC as well as destroy all electronic copies of the above items. Inv Softworks LLC is entitled to change conditions of the distribution of the Software at any time. You have a right to terminate the present License Agreement in any time other then by terminating any use of the Software and by destroying all copies of it, which are at your disposal.

8. DISCLAIMER OF WARRANTY

YOU AGREE THAT INV SOFTWORKS LLC HAS MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE PRODUCTS AND THAT THE PRODUCTS ARE BEING PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. INV SOFTWORKS LLC DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. INV SOFTWORKS LLC SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFIT) ARISING FROM ANY CAUSE UNDER OR RELATED TO THIS AGREEMENT.

9. LIMITATION OF LIABILITY

You assume the entire risk of using the program. Inv Softworks LLC`s and its suppliers` entire liability and your exclusive remedy shall be, at Inv Softworks LLC`s option, either (a) return of the price, if any, or (b) repair or replacement of the software product which is found defective and which is returned to Inv Softworks LLC with a copy of your receipt within 30 days after the date of installation. This warranty is void if failure of the software product has resulted from accident, abuse, or misapplication. Any replacement software product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
IN NO EVENT SHALL INV SOFTWORKS LLC BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE INV SOFTWORKS LLC SOFTWARE, EVEN IF INV SOFTWORKS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE INV SOFTWORKS LLC SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES. THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY TO THE EXTENT PERMITTED BY LAW.

DISTRIBUTION RIGHTS

You may distribute the Software without limitation provided that You distribute the package/installation files in original form without changing them in any ways and the distribution does not include license/activation codes.

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