License and Disclaimer for Eltima Flash Optimizer
IMPORTANT INFORMATION â€“ READ CAREFULLY
This License and Disclaimer Agreement (â€œLicenseâ€) is a legal agreement between you (either individually or a single entity) for the Eltima Software GmbH product identified above, which includes computer software and may include associated media, printed materials, sample code, tutorials, and â€œonlineâ€ or electronic documentation (â€œSoftware Productâ€).
BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE PRODUCT.
The use of the Software Product indicates your understanding and acceptance of the following terms and conditions. This License shall supersede any verbal or written statement or agreement to the contrary.
OWNERSHIP, COPYRIGHT AND CONFIDENTIALITY
The Software Product is confidential and proprietary to Eltima Software GmbH. The Software Product is Eltima`s own and original product. Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the Software Product. Unauthorized reproduction or distribution is subject to civil and criminal penalties. By agreeing to this License you agree to take adequate steps to protect the Software Product from unauthorized disclosure or use.
LICENSE FOR USAGE
You are granted a non-exclusive and non-transferable license to download, install and internally use the Software Product for purposes only. You may install and use the Software Product on each computer used by you and each computer within your organization. Except as otherwise provided in this Agreement, you may make one copy of the Software Product solely for â€œbackupâ€ purposes. The backup copy must include any copyright notices and other proprietary notices contained in the original copy of the Software Product. NO LICENSE IS GRANTED TO YOU FOR ANY OTHER PURPOSE.
The Software Product is licensed to you only under the terms of this Agreement Eltima Software GmbH, reserves all rights not expressly provided in this License. You may not use, copy, modify, or transfer the Software Product, or any copy thereof, except as expressly provided for in this License. You may not reverse engineer, disassemble, decompile, or translate the Software Product, or otherwise attempt to derive the source code of the Software Product. You may not rent, lease, sell, or distribute the Software Product, or any part of the code of the Software Product. No right, title, or interest in or to any trademarks, service marks, or trade names of Eltima Software GmbH is granted under this License. YOU HAVE NO RIGHT TO USE THE SOFTWARE FOR PRODUCTIVE OR COMMERCIAL USES.
Note: Flash Optimizer Demo version allows you to same optimized Flash files in grayscale only.
DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELTIMA SOFTWARE GHMH PROVIDES THE SOFTWARE PRODUCT AND ANY (IF ANY) SUPPORT SERVICES (â€œSUPPORT SERVICESâ€) RELATED TO THE SOFTWARE PRODUCT AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, AND LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, ALL WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT AND SUPPORT SERVICES, IF ANY, REMAINS WITH YOU.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELTIMA SOFTWARE GMBH BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS LICENSE, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF ELTIMA SOFTWARE GMBH AND EVEN IF ELTIMA SOFTWARE GMBH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MAINTENANCE AND SUPPORT
Eltima Software GmbH is under no obligation to provide maintenance or support for the Software Product under this Agreement. However, if Eltima Software GmbH, at its sole option, supplies upgrades or error corrections (â€œUpdatesâ€) to the Software Product then Updates shall be considered to be a part of the Software Product and shall be subject to the terms of this Agreement.