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Flair Finance End-User
License Agreement
IMPORTANT: This Flair Finance End-User
License Agreement ("EULA") is a legal agreement between you (either
an individual or a single entity) and Elegance Software, Inc. for
the Elegance Software, Inc. software product(s) identified above,
which may include associated media, printed materials, and "online"
or electronic documentation ("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, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by
copyright laws and international copyright treaties, as well as
other intellectual property laws and treaties. The SOFTWARE PRODUCT
which has been distributed for evaluation purposes is still subject
to the provisions of this EULA. The SOFTWARE PRODUCT is licensed,
not sold.
1. GRANT OF LICENSE. The SOFTWARE PRODUCT
is licensed as follows:
* Installation and Use. Elegance Software,
Inc. grants you the right to install and use copies of the SOFTWARE
PRODUCT on your computers running validly licensed copies of the
operating system and application software for which the SOFTWARE
PRODUCT was designed [Microsoft Windows(r) XP\Vista\7, Mac OS
X].
* Backup Copies. You may also make copies
of the SOFTWARE PRODUCT as may be necessary for backup and archival
purposes.
2. DESCRIPTION OF OTHER RIGHTS AND
LIMITATIONS.
* Maintenance of Copyright Notices. You
must not remove or alter any copyright notices on all copies of the
SOFTWARE PRODUCT.
* Distribution. You may not distribute
copies of the SOFTWARE PRODUCT to third parties, except as
expressly provided in Section 1.
* Prohibition on Reverse Engineering,
Decompilation, and Disassembly. You may not reverse engineer,
decompile, or disassemble the SOFTWARE PRODUCT, except and only to
the extent that such activity is expressly permitted by applicable
law notwithstanding this limitation.
* Rental. You may not rent, lease, or lend
the SOFTWARE PRODUCT.
* Refund policy. Once the
registration information to activate the SOFTWARE PRODUCT
is emailed to you, no refunds
will be given. In order to protect our software against piracy, and
other issues, we have instituted this no refund policy, and there
are no exceptions. This no refund policy extends to our end users,
resellers and distributors.
* All title and
intellectual property rights in and to the content which may be
accessed through use of the SOFTWARE PRODUCT is the property of the
respective content owner and may be protected by applicable
copyright or other intellectual property laws and treaties. This
EULA grants you no rights to use such content.
* Support Services. Elegance Software, Inc.
may provide you with support services related to the SOFTWARE
PRODUCT ("Support Services") at its sole discretion, in a manner
and time of its own choosing. Any supplemental software code
provided to you as part of the Support Services shall be considered
part of the SOFTWARE PRODUCT and subject to the terms and
conditions of this EULA. With respect to technical information you
provide to Elegance Software, Inc. as part of the Support Services,
Elegance Software, Inc. may use such information for its business
purposes, including for product support and development. Elegance
Software, Inc. will not utilize such technical information in a
form that personally identifies you.
* Compliance with Applicable Laws. You must
comply with all applicable laws regarding use of the SOFTWARE
PRODUCT.
3. TERMINATION. Without prejudice to any
other rights, Elegance Software, Inc. may terminate this EULA if
you fail to comply with the terms and conditions of this EULA. In
such event, you must destroy all copies of the SOFTWARE
PRODUCT.
4. COPYRIGHT. All title, including but not
limited to copyrights, in and to the SOFTWARE PRODUCT and any
copies thereof are owned by Elegance Software, Inc. or its
suppliers. All title and intellectual property rights in and to the
content which may be accessed through use of the SOFTWARE PRODUCT
is the property of the respective content owner and may be
protected by applicable copyright or other intellectual property
laws and treaties. This EULA grants you no rights to use such
content. All rights not expressly granted are reserved by Elegance
Software, Inc.
5. NO WARRANTIES. Elegance Software, Inc.
expressly disclaims any warranty for the SOFTWARE PRODUCT. THE
SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE
RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT
REMAINS WITH YOU.
6. LIMITATION OF LIABILITY. To the maximum
extent permitted by applicable law, in no event shall Elegance
Software, Inc. be liable for any lost revenue, profit or data, or
for special, indirect, consequential, incidental or punitive
damages, however caused regardless of the theory of liability,
arising out of or related to the use of or inability to use the
SOFTWARE PRODUCT or the provision of or failure to provide Support
Services, even if Elegance Software, Inc. has been advised of the
possibility of such damages. In no event will Elegance Software,
Inc.'s entire liability to you, whether in contract, tort
(including negligence), or otherwise, exceed the amount paid by you
for the SOFTWARE PRODUCT to Elegance Software, Inc. under this
EULA.
7. MISCELLANEOUS.
Should you have any questions concerning
this EULA, or if you desire to contact Elegance Software, Inc. for
any reason, please e-mail: support@flairfinance.com
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