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Flash Keeper ©Copyright 2002 -
2003 by Sparkle Media System
All rights reserved.
This license applies to the evaluation
version of Flash Keeper. If you do not have an evaluation version
of Flash Keeper, see the section titled Flash
Keeper Standard License.
Flash Keeper
License
Evaluation Version
Sparkle Media System
By using, copying, transmitting, distributing
or installing Flash Keeper, you agree to all of the terms of this
License. If you do not agree to any of the terms of this License,
then please do not use, copy, transmit, distribute, or install Flash
Keeper.
This is not free software. Subject
to the terms below, you are hereby licensed by Sparkle Media System.
("SM") to use this software for evaluation purposes without
charge for a period of 15days. If you use this software after the
15 day evaluation period a registration fee is required. Please
see the Flash Keeper web site at http://www.flashkeeper.com
for more information about online ordering.
Unregistered use of Flash Keeper after
the 15-day evaluation period is in violation of U.S. and international
copyright laws.
You may, without making any payment
to SM:
a) give exact copies of this evaluation
version of Flash Keeper personally to anyone, except for the purpose
of extending their 30 day evaluation period;
b) distribute exact copies of this evaluation version of Flash Keeper,
if done exclusively through electronic channels; and
c) make as many exact copies of this evaluation version of Flash
Keeper as you wish, for purposes of distribution as described in
(a) and (b) above.
You are specifically prohibited from
charging, or requesting donations, for any copies, however made,
and from distributing such copies with other products of any kind,
commercial or otherwise, without prior written permission from SM.
SM reserves the right to revoke the above distribution rights at
any time, for any or no reason.
This software, and all accompanying
files, data and materials, are distributed "AS IS" and
with no warranties of any kind, whether express or implied. In particular,
there is no warranty for the optional virus scanning feature. (Flash
Keeper does not scan for viruses, it simply runs external programs
that claim to perform this function.) Good data processing procedure
dictates that any program be thoroughly tested with non-critical
data before relying on it. The user must assume the entire risk
of using the program. This disclaimer of warranty constitutes an
essential part of the agreement. In no event shall SM, or its principals,
shareholders, officers, employees, affiliates, contractors, subsidiaries,
or parent organizations, be liable for any incidental, consequential,
or punitive damages whatsoever relating to the use of Flash Keeper,
or your relationship with SMS.
In addition, in no event does SM authorize
you to use Flash Keeper in applications or systems where Flash Keeper's
failure to perform can reasonably be expected to result in a significant
physical injury, or in loss of life. Any such use by you is entirely
at your own risk, and you agree to hold SMS harmless from any claims
or losses relating to such unauthorized use.
This Agreement is the complete statement
of the Agreement between the parties on the subject matter, and
merges and supersedes all other or prior understandings, purchase
orders, agreements and arrangements. This Agreement shall be governed
by the laws of the State of Connecticut. Exclusive jurisdiction
and venue for all matters relating to this Agreement shall be in
courts and fora located in the State of Connecticut, and you consent
to such jurisdiction and venue.
All rights of any kind in Flash Keeper
which are not expressly granted in this License are entirely and
exclusively reserved to and by SM. You may not rent, lease, modify,
translate, reverse engineer, decompile, disassemble or create derivative
works based on Flash Keeper. You may not make access to Flash Keeper
available to others in connection with a service bureau, application
service provider, or similar business.
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