FlyingSpace DesktopRuler End user license agreement
End User License Agreement
IMPORTANT: Carefully read this End User License Agreement ("Agreement") before installing, copying or using this FlyingSpace Corporation ("FlyingSpace") software product ("Software") in any way whatsoever. Any installation, copy, or use of the FlyingSpace Software indicates your full and irrevocable acceptance of all the terms and conditions of this Agreement. If you do not agree to these terms and conditions, please be aware that you are not authorized to install, copy, or use the Software and that any unauthorized act may entail your liability.
Copyright © 2005-2008 Beijing FlyingSpace Technology Co., Ltd.
All rights reserved.
This Software product is a copyrighted work and is protected by China, United States of America and international copyright laws and treaties.
This Software product is licensed, not sold. It is, and shall remain at all times, the absolute and unrestricted property of FlyingSpace. Nothing in this Agreement shall prejudice, impair, jeopardize or otherwise adversely affect the rights of FlyingSpace as sole and exclusive owner of the Software.
2. Trial Period
The Software is initially provided to you for evaluation purposes. You may use it free of charge during a non-renewable trial period of seven (7) calendar days. Upon the expiry of such period, you must immediately discontinue using the Software unless you register it in accordance with the provisions of this Agreement.
If you continue using the Software after the expiration of the aforesaid period without registering it, FlyingSpace shall have the right to institute all actions, take all steps and seek all remedies as may be necessary or appropriate in order to stop you from using the Software, and to claim and recover from you all losses and damages, whatsoever and howsoever arising, whether directly or indirectly, out of or in connection with such unauthorized use. You shall also be liable to indemnify FlyingSpace for and against all costs and expenses incurred by FlyingSpace including, but not limited to, court and legal fees.
3. Registering and Use
Registering the Software means that, subject to your payment of the applicable fee, FlyingSpace will grant you a single end user license to use, run, access, display, or otherwise interact with ("Use") the Software on only one single computer, workstation, server, terminal, handheld PC, or other electronic device ("Computer") at any one time. The Software is considered to be "in Use" when it is loaded into RAM or installed on a hard disk or other storage device. You are not authorized to dissociate, alter or amend the Software in any way; and to Use the part thereof on several Computers. However, the primary user of the Computer on which the Software is installed may also install the Software on a portable computer for his or her exclusive use.
If you wish to Use the Software on more than one Computer, you must obtain a number of end user licenses equal to the number of Computers on which the Software will be Used and pay the registration fees accordingly.
Since you have the opportunity to try the Software before registering it, you will not be entitled to any refund or exchange for any reason.
4. Prohibited Uses
The Software can only be used for the purposes described in the documentation pertaining to the Software as published and amended exclusively by FlyingSpace from time to time.
Reverse engineering, decompiling, disassembling or otherwise attempting to discover the source code of the Software, disclosing, divulging or making registration keys or product passwords publicly available are illegal and shall constitute a violation of this Agreement.
No portion of the Software, including but not limited to, programs, algorithms, codes, texts, images, or sounds may be modified, adapted, translated, copied, stored, distributed, used or accessed in any way except as detailed in this Agreement.
An end user license may be transferred to a third party subject to the obtaining of prior agreement to be bound by all the terms of this Agreement. Upon such a transfer, the previous owner of the end user license agrees that his rights to such license are terminated and that he will immediately discontinue using the Software.
This Software cannot be re-sold or used in any profit-making activities, including but not limited to, distribution as part of a commercial product or service, without the prior written consent of FlyingSpace.
Copies of the Software that are intended for distribution purposes must be obtained from FlyingSpace or downloaded from its Internet web site, and distributed as-is, in their original packaging, including all the copyright and other proprietary notices pertaining to, and included in the Software.
Nothing in this Agreement shall confer upon you the right to grant user licenses. Such right is, and shall remain at all times, exclusively vested in FlyingSpace.
7. Disclaimer of Warranty
FlyingSpace products and services are provided without warranty of any kind, either express or implied. FlyingSpace cannot be held liable for any special, direct, indirect, incidental or consequential damages whatsoever (including but not limited to loss of profit) arising out of their use, or inability to do so.
Your right to use the Software for evaluation purposes shall terminate forthwith and without notice after seven (7) calendar days from the date of your installation, unless the Software has been registered during this period pursuant to the provisions of this Agreement. FlyingSpace reserves the right to grant additional evaluation time in certain circumstances including, but not limited to the release of a new version of its software.
If you breach, default, violate or fail to comply with any of the provisions contained herein, FlyingSpace shall have the right to terminate this Agreement forthwith and without the need to any judiciary or extra-judiciary proceeding or prior notice. Upon such termination, you shall be obligated to discontinue using or distributing the Software immediately. FlyingSpace shall have the right to claim and recover from you all losses and damages, whatsoever and howsoever arising, whether directly or indirectly, out of or in connection with any such breach, default, violation and non-compliance, and you shall also be liable to indemnify FlyingSpace for and against all costs and expenses incurred by FlyingSpace including, but not limited to, court and legal fees.
Upon the termination of this Agreement, you shall not be entitled to claim or recover from FlyingSpace any amount paid to FlyingSpace prior to such termination.
The termination of this Agreement shall not affect your obligations arisen under it; which obligations shall survive such termination.
Failure of FlyingSpace to enforce its rights with respect to any violation of this Agreement shall not constitute, or be interpreted as, a waiver from FlyingSpace to exercise such right at any later stage, as it shall deem appropriate.
Should any provision of this Agreement be in conflict with any law governing this Agreement, it will be deemed stricken from the Agreement and the remaining provisions will remain in effect.
This Agreement shall be binding upon the parties hereto and their respective successors and permitted assigns.
This Agreement shall be construed, interpreted, implemented and governed in accordance with the laws in force in the People`s Republic of China. You shall submit to the exclusive jurisdiction of the courts in cities of Beijing with respect of any claim, controversy, difference or dispute arising from or in connection with this Agreement.