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Ovation Consulting Group
Flashsyndrome Softwares
SINGLE-USER LICENSE AGREEMENT
The following definitions apply in this Agreement:
"Software" is defined as Flashsyndrome Softwares, copyright to the Licensor
"Documentation" is defined as any and all documents, whether hardcopy or electronic, which are supplied with the Software.
This Single-User License Agreement forms an agreement between:
Ovation Consulting Group (Sole Proprietorship under the Companies Act and having its registered office at Winter Park, Florida, USA)
(hereinafter referred to as "The Licensor")
and:
An individual who installs the Software and the Documentation from any source (hereinafter referred to as "The Licensee")
BY INSTALLING THE SOFTWARE, THE LICENSEE IS BOUND BY THE TERMS OF THIS AGREEMENT.
1.Grant.
The Licensor GRANTS to the Licensee a non-exclusive license to use the Software and the Documentation in the manner described below under "Scope of Grant."
2.Scope Of Grant.
It is a material condition of this Agreement that the Licensee may:
1. use the Software on any single computer;
2. use the Software on a network, provided that each person accessing the Software through the network must have a copy licensed to that person;
It is a material condition of this Agreement that the Licensee does not:
1. permit concurrent use of the Software;
2. permit other parties to use the Software except under the terms listed above;
3. copy or permit copying of the Software and/or the Documentation;
4. modify, translate, reverse engineer, decompile, disassemble or create derivative works based on the Software;
5. sell, assign, rent, lease, grant a security interest in, distribute or in any other way transfer rights to the Software or any component part or parts of the Software;
6. sell, assign, rent, lease, grant a security interest in, distribute or in any other way transfer rights to any product, program or system containing any component part
or parts of the Software;
7. remove any proprietary notices or labels on or in the Software.
3.Termination.
Failure by the Licensee to comply with any of the conditions contained in this Agreement will entitle the Licensor to hold the Licensee in breach of this agreement and
to raise an action against the Licensee for breach of contract and to hold the Licensee responsible for all the Licensor`s losses. In the event that the Licensee is in
breach of any of the conditions contained in this Agreement the license will terminate immediately. On termination, the Licensee must destroy all copies of the
Software and Documentation to the satisfaction of the Licensor, of which the Licensor shall be the sole judge.
4.Title.
Title, ownership rights, copyright and intellectual property rights in the Software and Documentation shall remain in the Licensor.
5.Limitation Of Liability.
Under no circumstances shall the Licensor or its suppliers or resellers be liable to the Licensee or any other person for any indirect, special, incidental, or
consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all
other commercial damages or losses.
6.High Risk Activities.
The Software is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance,
such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in
which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). the Licensor and
its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
7.General
This Agreement represents the complete agreement concerning this license and may amended only by a writing executed by both parties. The acceptance of any
purchase order placed by the Licensee is expressly made conditional on the Licensee`s assent to the terms set forth herein, and not those in the Licensee`s purchase
order. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This
Agreement shall be governed by the law of the United States of America.
Ovation Consulting Group
Winter Park, FL USA