License Agreement
Standard license
- allows you to use the component for an unlimited number of commercial or personal projects.
- the component can be installed on a single work-station.
- for each work-station you intend to install the component on you may purchase a separate license.
Use case: you may use the component for custom websites that you build for your clients.
- does not allow you to use the component in applications that you intend to distribute. For this type of use you may purchase the Extended license.
Use case: you may not use the component in a template that you make available for purchase to multiple users. You may also not use the component in a CD/DVD that you distribute to multiple persons.
Extended license
- allows you to use the component in applications that you intend to distribute.
Use case: you may use the component in a template that you make available for purchase or in a CD/DVD that you distribute to multiple persons.
- you may use an Extended licence for a single distributed application. For each distributed application you may purchase a separate Extended license.
Use case: if you intend to use the component in 2 templates that you will make available for purchase/download you need to purchase 2 Extended licenses.
Below is the full text of the License Agreement.
- 1. Definitions.
A. "Effective date" means the date that the software is delivered to you.
B. "FlashOtaku.com" means the website located at the domain flashotaku.com.
C. "Software" means any product offered for purchase on Flashotaku.com as well as all the documentation, code and data that is included in the purchase.
D. "Work-station" means a desktop and one additional laptop.
- 2. License.
A. We hereby grant you a transferable, non-exclusive, limited license to install and use this software on a single computer work-station. For each work-station you install and use the software, you shall acquire a separate license.
B. Standard license users may use the software in an unlimited number of personal and/or commercial projects according to the terms of this agreement. Standard license users may not include this software in applications that are redistributed to multiple users.
C. Extended license users may use the software in applications that are redistributed to multiple users. You may use an Extended license in a single distributed application. For each distributed application you may purchase a separate Extended license.
D. You may make multiple copies of the software for backup or archival purposes.
E. You may permanently transfer the license to use the software to another party who will be bound by this agreement, provided you do not retain any copies of the software.
- 3. Restrictions.
A. You may not modify, reproduce, copy, duplicate, distribute, sell, lend, lease, rent the software.
B. You may not use the software in applications that compete with the products available at FlashOtaku.com.
- 4. Ownership.
We retain all intellectual property rights in the software.
- 5. License Fee.
In consideration for the grant of the license and the use of the Software, you agree to pay the sum of license fee as determined by us. Payment of the license fee shall be made before the delivery of the Software.
- 6. Warranty of Functionality.
We warrant that the software will provide the features and functions generally described in the product specification on our web site when you purchased it and in the product documentation.
- 7. Warranty Disclaimer.
DEVELOPER'S WARRANTIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- 8. Limitation of Liability.
We shall not be responsible for, and shall not pay, any amount of incidental, consequential or other indirect damages, whether based on lost revenue or otherwise, regardless of whether we were advised of the possibility of such losses in advance. In no event shall our liability hereunder exceed the amount of license fees paid by you, regardless of whether your claim is based on contract, tort, strict liability, product liability or otherwise.
- 9. Notice.
Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or by certified mail, postage prepaid, or recognized overnight delivery services.
- 10. General.
A. This agreement will be governed by the laws, of the state in which you reside.
B. Neither this Agreement nor any interest in this Agreement may be assigned by you without our prior express written approval.
C. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties.
D. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
This Software License Agreement ("Agreement") is made as of the effective date by and between FlashOtaku.com ("We", "Us", "Our") and The User ("You", "Your").