iFLX! Enduser License Agreement
Flexible Access Services & Technology, Inc.
iFLX! SOFTWARE LICENSE AGREEMENT
UPON ACCEPTANCE OF THIS SOFTWARE LICENSE AGREEMENT (THE AGREEMENT),
FASTECH GRANTS TO THE REQUESTER A LIMITED NON-EXCLUSIVE LICENSE TO USE THE
SOFTWARE AND DOCUMENTATION (THE PROGRAMS) AS FOLLOWS:
LICENSE:
Following download, Licensee may install and use the Software and
documentation (the iFLX! Software) on one computer system and for the
number of users specified in the License to be delivered by FASTech.
Licensee shall not remove any copyright notices or other proprietary
notices from the Programs, and Licensee must reproduce such notices on all
copies or extracts of the Programs. Licensee may use the Software only as
long as he or she is a subscriber in good standing.
OWNERSHIP:
The iFLX! Software are owned by Flexible Access Services & Technology, Inc., and are protected by
copyright laws. Licensee acquires only the non-exclusive right to use the
iFLX! Software at no charge, and does not acquire any right of ownership
in the iFLX! Software.
RESTRICTIONS:
Licensee may NOT use, copy, distribute, electronically transfer, reverse
assemble or reverse compile the iFLX! Software or any portion thereof, or
translate or convert them to human readable form. If Licensee modifies,
reverse engineers, reverse assembles, or makes any modifications to the
code, any such action automatically terminates the license agreement and
FASTech is not responsible for any side effects resulting from such
reverse engineering. Licensee may not use the iFLX! Software for any
development, commercial or production purpose. Licensee may not enhance,
improve, adapt or modify the iFLX! Software, except as expressly permitted
or required by FASTech. In the event Licensee devises, designs, discovers
or formulates any enhancement, improvement, adaptation or modification
(the Work) to the iFLX! Software, Licensee shall provide full details
thereof to FASTech who shall have exclusive ownership of the Work.
WARRANTY DISCLAIMER:
The iFLX! Software are provided on an 'as is' basis, without warranty of
any kind, including without limitation the warranties of merchantability,
fitness for a particular purpose and non-infringement. FASTech does not
warrant that the iFLX! Software will meet Licensee's requirements, nor
does it warrant that the operation of the iFLX! Software be error-free.
Licensee agrees to assume the responsibility to take adequate precautions
against damages to Licensee's operations, which could be caused by defects
or deficiencies in the iFLX! Software.
INDEMNITY:
The Licensee agrees to indemnify FASTech and/or its suppliers and holds
FASTech and/or its suppliers harmless from and against any loss, cost,
expense or liability arising from any claims, demands or proceedings by
any person against FASTech and/or its suppliers whatsoever arising out of:
the use or attempted use of the Service by the Licensee or by any person
authorized by the Licensee or from the use of any facility or equipment
connected to the Service by the Licensee or any person authorized by the
Licensee; or
any hardware or software contamination resulting from the use by the
Licensee or by any person authorized by the Licensee.
The Licensee agrees to indemnify FASTech and/or its suppliers and holds
FASTech and/or its suppliers harmless from and against any loss, cost,
expense or liability arising from any claims, demands or proceedings by
any person against FASTech and/or its suppliers whatsoever arising out of
any action brought by any third party against FASTech and/or its suppliers
for infringement of that third party's Intellectual Property Rights due to
the Licensee's use of the Service provided to the Licensee pursuant to
this agreement or due to the use of the Service by any person authorized
by the Licensee to use the Service provided to the Licensee pursuant to
this agreement or FASTech's possession of Licensee's information in
accordance with this agreement except to the extent that such loss, cost,
expense or liability arises from or is attributable to any willful
misconduct on the part of FASTech.
LIMITATION ON LIABILITY:
NEITHER FASTECH NOR ITS SUPPLIERS NOR LICENSORS SHALL BE LIABLE FOR ANY
LOSS OR DAMAGE HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY INACCURACY OF
DATA, LOSS OF PROFITS OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
SUPPORT:
The Program is provided on an 'as is' basis. Installation and setup
assistance may be provided through email or FASTech's web site at
http://www.iflx.com. This Agreement does not entitle Licensee to any other
maintenance, services, updates or new versions of the Programs.
TERMINATION:
All disclaimers of warranties and limitations of liability shall survive
any termination of this Agreement.
Copyright 2005 Flexible Access Services & Technology, Inc.
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