IMPORTANT, PLEASE READ CAREFULLY. THIS IS A LICENCE AGREEMENT
This SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This SOFTWARE PRODUCT is licensed, not sold.
This End User Licence Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Fly Software Limited with regard to the copyrighted software called Chimpeon (herein referred to as "SOFTWARE PRODUCT") provided with this EULA.
The SOFTWARE PRODUCT includes computer software, associated media, any printed materials, and any "online" or electronic documentation. Use of the SOFTWARE PRODUCT provided to you by Fly Software Limited in whatever form or media, will constitute your acceptance of these terms, unless separate terms are provided by Fly Software Limited or a third-party software supplier, in which case certain additional or different terms may apply. If you do not agree with the terms of this EULA, do not download, install, copy or use the SOFTWARE PRODUCT. By installing, copying or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, Fly Software Limited is unwilling to license the SOFTWARE PRODUCT to you.
1. Eligible Licencees. This SOFTWARE PRODUCT is available for license solely to users of the SOFTWARE PRODUCT, with no right of duplication or further distribution, licensing, or sub-licensing. If the SOFTWARE PRODUCT is not licensed and is used, the length of time it will operate for will be limited. This time limitation is controlled by Fly Software Limited and can be changed without notice.
2. Licence Grant. Fly Software Limited grants to you a personal, non-transferable and non-exclusive right to use the copy of the SOFTWARE PRODUCT provided with this EULA. You agree you will not copy the SOFTWARE PRODUCT except as necessary to use it on a single computer. You agree that you may not copy any written materials accompanying the SOFTWARE PRODUCT. Modifying, translating, renting, copying, transferring or assigning all or part of the SOFTWARE PRODUCT, or any rights granted hereunder, to any other persons and removing any proprietary notices, labels or marks from the SOFTWARE PRODUCT is strictly prohibited. Furthermore, you hereby agree not to create derivative works based on the SOFTWARE PRODUCT.
3. Copyright. The SOFTWARE PRODUCT is licensed, not sold. It can be used without charge but a time restriction on its use is imposed until an applicable license is activated. You acknowledge that no title to the intellectual property in the SOFTWARE PRODUCT is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE PRODUCT will remain the exclusive property of Fly Software Limited and you will not acquire any rights to the SOFTWARE PRODUCT, except as expressly set forth above. All copies of the SOFTWARE PRODUCT will contain the same proprietary notices as contained in or on the SOFTWARE PRODUCT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by Fly Software Limited. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
4. Reverse Engineering. You agree that you will not attempt, and if you are a corporation, you will use your best efforts to prevent your employees and contractors from attempting to reverse compile, modify, translate or disassemble the SOFTWARE PRODUCT in whole or in part. Any failure to comply with the above or any other terms and conditions contained herein will result in the automatic termination of this EULA and the reversion of the rights granted hereunder to Fly Software.
5. Disclaimer of Warranty. The SOFTWARE PRODUCT is provided "AS IS" without warranty of any kind. Fly Software Limited and its suppliers disclaim and make no express or implied warranties and specifically disclaim the warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights. The entire risk as to the quality and performance of the SOFTWARE PRODUCT is with you. Neither Fly Software Limited nor its suppliers warrant that the functions contained in the SOFTWARE PRODUCT will meet your requirements or that the operation of the SOFTWARE PRODUCT will be uninterrupted or error-free. FLY SOFTWARE LIMITED IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SOFTWARE PRODUCT.
6. Limitation of Liability. Fly Software Limited's entire liability and your exclusive remedy under this EULA shall not exceed the price paid for the SOFTWARE PRODUCT licence, if any. In no event shall Fly Software Limited or its suppliers be liable to you for any consequential, special, incidental or indirect damages of any kind arising out of the use or inability to use the SOFTWARE PRODUCT, even if Fly Software Limited or its suppliers have been advised of the possibility of such damages, or any claim by a third party.
7. Rental. You may not loan, rent, or lease the SOFTWARE PRODUCT.
8. Upgrades. If the SOFTWARE PRODUCT is an upgrade from an earlier release or previously released version, you now may use that upgraded product only in accordance with this EULA. If the SOFTWARE PRODUCT is an upgrade of a software program which you licensed as a single product, the SOFTWARE PRODUCT may be used only as part of that single product package and may not be separated for use on more than one computer.
9. OEM Product Support. Product support for the SOFTWARE PRODUCT is provided by Fly Software Limited. For product support, please contact Fly Software Limited using a method detailed on the Chimpeon or Fly Software Limited website.
10. No Liability for Consequential Damages. In no event shall Fly Software Limited or its suppliers be liable for any damages whatsoever (including, without limitation, incidental, direct, indirect special and consequential damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use the SOFTWARE PRODUCT, even if Fly Software Limited has been advised of the possibility of such damages. Because some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
11. Indemnification By You. If you distribute the SOFTWARE PRODUCT in violation of this EULA, you agree to indemnify, hold harmless and defend Fly Software Limited and its suppliers from and against any claims or lawsuits, including attorney's fees that arise or result from the use or distribution of the SOFTWARE PRODUCT in violation of this EULA.
12. Use with third-party software. Fly Software Limited do not endorse or allow the use of the SOFTWARE PRODUCT with any third-party software where the use of the SOFTWARE PRODUCT breaks or invalidates the TOS or EULA of the third-party software. Fly Software Limited is not responsible for any third-party software bans, associated account bans or financial loss as a result of using the SOFTWARE PRODUCT.
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