FlashSpring Pro 3.0

EULA - End User License Agreement

License agreement

IMPORTANT: read the following terms carefully before installing, using and copying the SOFTWARE PRODUCT. By installing, using and copying the SOFTWARE PRODUCT you agree to accept all of the following terms.

END-USER LICENSE AGREEMENT FOR FLASHSPRING PRO SOFTWARE

This End-User License Agreement ("EULA") is a legal agreement between you, the end user of the license rights granted herein (either an individual or a single entity), and CPS Labs Ltd ("CPS Labs") for the FlashSpring Pro software, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation protected by copyright laws ("SOFTWARE PRODUCT").The SOFTWARE PRODUCT also includes any updates and supplements to the original SOFTWARE PRODUCT provided by CPS Labs. Any software provided along with the SOFTWARE PRODUCT that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement. By installing, copying, downloading, accessing or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree with the terms of this EULA, you must not use the SOFTWARE PRODUCT.

SOFTWARE PRODUCT LICENSE

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

1. GRANT OF LICENSE.

This EULA grants you the following rights:

1.1 You may install, use, access, display, run, or otherwise interact with ("RUN") the SOFTWARE PRODUCT on one computer. This EULA does not allow the two or more copies to be installed on two or more computers.

1.2 All rights not expressly granted are reserved by CPS Labs.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

2.1 You may not resell, or otherwise transfer for value, the SOFTWARE PRODUCT under any circumstances.

2.2 You may not make modifications to the SOFTWARE PRODUCT, or decompile, disassemble, reverse engineer or modify the SOFTWARE PRODUCT or any portion of it.

2.3 The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated not within the SOFTWARE PRODUCT.

2.4 This EULA does not grant you any rights in connection with any trademarks or service marks of CPS Labs.

2.5 You may not rent, lease, or lend the SOFTWARE PRODUCT to other users.

2.6 The initial licensee of the SOFTWARE PRODUCT may not make any transfers of this EULA and SOFTWARE PRODUCT to a third party.

3. COPYRIGHT.

The title and all copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and all copies of the SOFTWARE PRODUCT are owned by CPS Labs. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. SOFTWARE PRODUCT documentation is provided in electronic form. You may print one copy of such electronic documentation. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.

4. DUAL-MEDIA SOFTWARE.

You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not RUN the other medium on another computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user.

5. BACKUP COPY.

After installation of one copy of the SOFTWARE PRODUCT pursuant to this EULA, you may keep the original media on which the SOFTWARE PRODUCT was provided by CPS Labs solely for backup or archival purposes. If the original media is required to use the SOFTWARE PRODUCT on the computer, you may make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes. Except as expressly provided in this EULA, you may not otherwise make copies of the SOFTWARE PRODUCT or the printed materials accompanying the SOFTWARE PRODUCT.

6. LIMITED WARRANTY

6.1. CPS Labs warrants that SOFTWARE PRODUCT will conform, as to all substantial operational features, to CPS Labs current published specifications when installed and will be free of defects which substantially affect system performance.

6.2. You must notify CPS Labs in writing, within thirty (30) days of delivery of the SOFTWARE PRODUCT to you (not including delivery of any subsequent modifications to the SOFTWARE PRODUCT), of its claim of any such defect. If the SOFTWARE PRODUCT is found defective by CPS Labs, CPS Labs sole obligation under this warranty is to use reasonable commercial efforts to attempt to correct or work around errors, replace defective media or replace the SOFTWARE PRODUCT with functionally equivalent SOFTWARE PRODUCT.

6.3. THE ABOVE IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY CPS LABS. CPS LABS MAKES AND YOU RECEIVES NO WARRANTY, EXPRESS OR IMPLIED, AND THERE ARE EXPRESSLY EXCLUDED ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CPS LABS SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT FOR CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE STATED EXPRESS WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF CPS LABS FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OF THE SOFTWARE PRODUCT SYSTEMS.

6.4. If any modifications are made to the SOFTWARE PRODUCT by you during the warranty period, this warranty shall immediately be terminated. Correction for difficulties or defects traceable to your errors or systems changes shall be billed at CPS Labs standard time and material charges.

6.5. You agree that CPS Labs liability arising out of contract, negligence, strict liability in tort or warranty shall not exceed any amounts payable by you for the SOFTWARE PRODUCT identified above.

7. DISCLAIMER OF DAMAGES

CPS Labs assumes no liability in case of special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT or the provision of or failure to provide Support Services, even if CPS Labs has been advised of the possibility of such damages.

8. TERM AND TERMINATION

8.1. This EULA comes into effect when you install the SOFTWARE PRODUCT on your computer, and is effective for the entire period of use of the SOFTWARE PRODUCT.

8.2. CPS Labs shall have the right to terminate this agreement and license granted herein.

8.2.1. Without prejudice to any other rights, CPS Labs may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

8.2.2. Without limiting any of the above provisions, in the event of termination as a result of your failure to comply with any of its obligations under this Agreement, you shall continue to be obligated for any payments due. Termination of the license shall be in addition to and not in lieu of any equitable remedies available to CPS Labs.

8.3. You may terminate this agreement giving CPS Labs thirty (30) days written notice. By the time of termination you must pay CPS Labs any amounts due under the Agreement and immediately stop using all rights granted by the Agreement.