f.lux End User License Agreement | |
BY CLICKING ON THE “ACCEPT” OR “DOWNLOAD” BUTTON, “YOU” (MEANING YOU | |
PERSONALLY AND NOT A COMPANY OR OTHER CORPORATE ENTITY) ARE CONSENTING TO | |
BE BOUND BY AND ARE BECOMING A PARTY TO THIS LICENSE AGREEMENT | |
(“AGREEMENT”). IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, | |
CLICK THE “CANCEL” BUTTON AND THE DOWNLOAD/INSTALLATION PROCESS WILL NOT | |
CONTINUE. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY | |
LIMITED TO THESE TERMS. | |
GRANT. Subject to your full compliance with all the terms of this | |
Agreement, Flux Software LLC (“Company”) hereby grants you (and only you) | |
a limited, personal, non-sublicensable, non-transferable, royalty-free, | |
nonexclusive license to use internally the software that you are about to | |
download or install (“Software”) only in accordance with the Company | |
documentation that accompanies it. In addition to any compatible personal | |
devices, you may download and install the Software on any compatible work | |
device(s) provided that you (1) obtain all necessary permissions, consents | |
and waivers from your employer to do so, (2) assume all risks and | |
liabilities relating to the Software on such devices, and (3) require your | |
employer to release Company from any and all liability to Company relating | |
to the download, installation, or use of the Software. | |
RESTRICTIONS. You may not (and agree not to, and not authorize or enable | |
others to), directly or indirectly: (a) copy, distribute, redistribute, | |
rent, lease, mirror, timeshare, operate a service bureau, or otherwise use | |
for the benefit of a third party, the Software; (b) disassemble, | |
decompile, attempt to discover the source code or structure, sequence and | |
organization of, or otherwise reverse engineer, the Software (except to | |
the extent applicable law prohibits restrictions on reverse engineering); | |
(c) remove any proprietary notices from the Software; or (d) bundle the | |
Software with any third party software, product or service. You understand | |
that Company may modify or discontinue offering the Software at any time. | |
For the avoidance of doubt, the foregoing restrictions apply to any | |
company or corporate entity (or its affiliates or agents acting on its | |
behalf) (each, an “Entity”) and no Entity shall download or install the | |
Software for the purposes of mirroring or distributing it to its employees | |
or otherwise. | |
SUPPORT AND UPGRADES. This Agreement does not entitle you to any support, | |
upgrades, patches, enhancements, or fixes for the Software (collectively, | |
“Support”). The Software may automatically download and install updates | |
from time to time on the device(s) that you have downloaded and installed | |
the Software on. You agree to receive any such updates and any Support | |
and/or updates for the Software that may be made available by Company | |
shall become part of the Software and subject to this Agreement. The | |
Company reserves the right in its sole discretion to cease the support of | |
older versions of the Software. | |
INDEMNITY. You shall indemnify and hold harmless Company from any claims, | |
damages, liabilities, costs and fees (including reasonable attorney fees) | |
arising from your use of the Software as well as from your failure to | |
comply with any term of this Agreement. | |
WARRANTY DISCLAIMER. YOU AGREE THAT YOU ARE USING THE SOFTWARE SOLELY AT | |
YOUR OWN RISK. COMPANY PROVIDES THE SOFTWARE “AS IS” AND WITHOUT WARRANTY | |
OF ANY KIND, AND COMPANY FOR ITSELF AND ITS PUBLISHERS AND LICENSORS | |
HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT | |
LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR | |
PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT. YOU | |
ACKNOWLEDGE THAT COMPANY EXPRESSLY DISCLAIMS USE OF THE SOFTWARE FOR ANY | |
MEDICAL PURPOSE (INCLUDING, WITHOUT LIMITATION, THE DIAGNOSIS, | |
EXAMINATION, OR TREATMENT OF ANY MEDICAL CONDITIONS). COMPANY DISCLAIMS | |
ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SOFTWARE MADE BY YOU OR | |
ANY THIRD PARTY AND ANY SUCH REPRESENTATION OR WARRANTY IS NOT MADE ON | |
COMPANY’S BEHALF. Company disclaims any and all liability to you, your | |
employer, or any third party relating to the download, installation, or | |
use of the Software in violation of the foregoing. | |
LIMITATION OF LIABILITY. COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE WITH | |
RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, | |
NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (A) FOR LOSS OR INACCURACY OF | |
DATA OR (EXCEPT FOR RETURN OF AMOUNTS, IF ANY, PAID TO COMPANY BY YOU | |
HEREUNDER) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR | |
TECHNOLOGY, OR (B) FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES | |
INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS. | |
COMPANY SHALL NOT BE RESPONSIBLE FOR ANY MATTER BEYOND ITS REASONABLE | |
CONTROL. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF COMPANY SHALL HAVE | |
BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW | |
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE | |
ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. | |
TERMINATION. You may terminate this Agreement and the license granted | |
herein at any time by destroying or removing from all computers, networks, | |
and storage media all copies of the Software. Company may terminate this | |
Agreement and the license granted herein immediately if you breach any | |
provision of this Agreement or at any time for any or no reason. Upon | |
receiving notice of termination from Company you will destroy or remove | |
from all computers, networks, and storage media all copies of the | |
Software. Sections 2 through 8 shall survive termination of this | |
Agreement. | |
MISCELLANEOUS. You shall comply with all applicable export laws, | |
restrictions and regulations in connection with your use of the Software, | |
and will not export or re-export the Software in violation thereof. As | |
defined in FAR section 2.101, DFAR section 252.227-7014(a)(1) and DFAR | |
section 252.227-7014(a)(5) or otherwise, all Software and accompanying | |
documentation provided by Company are “commercial items,” “commercial | |
computer software” and/or “commercial computer software documentation.” | |
Consistent with DFAR section 227.7202 and FAR section 12.212, any use, | |
modification, reproduction, release, performance, display, disclosure or | |
distribution thereof by or for the U.S. Government shall be governed | |
solely by these terms and shall be prohibited except to the extent | |
expressly permitted by these terms. This Agreement is personal to you and | |
you shall not assign or transfer the Agreement or the Software to any | |
third party under any circumstances; Company may assign or transfer this | |
Agreement without consent. This Agreement represents the complete | |
agreement concerning this license between the parties and supersedes all | |
prior agreements and representations between them. It may be amended only | |
by a writing executed by both parties. If any provision of this Agreement | |
is held to be unenforceable for any reason, such provision shall be | |
reformed only to the extent necessary to make it enforceable. This | |
Agreement shall be governed by and construed under New York law without | |
regard to any conflicts of law provisions thereof. | |
Email for further information: support@justgetflux.com | |
Copyright f.lux Software LLC 2008-2018 |