Model License
Grant of Rights
FLO-2D Software Inc. grants to Licensee, and Licensee hereby accepts, a non-exclusive, non-transferable, royalty-free license, for use by Licensee only, of the FLO-2D Software package that includes the FLO-2D computer model and processor programs commonly known and referred to as FLO-2D. The license includes the right to copy the FLO-2D Licensed Software only as it is necessary for use within the home or office of purchase and for archival purposes. The license permits the use of the software by Licensee or its regular employees on any and all computers owned by Licensee within or located at the home or office of purchase as indicated by the Licensee’s address appears in documents submitted to FLO-2D. The license granted above does not include the right to copy or distribute the FLO-2D Licensed Software outside the home or office of purchase or to any other person. The license does not permit the use of the FLO-2D Licensed Software on a laptop or portable computer outside of the home or office of purchase.
The license granted above does not provide for any free updates of the Licensed Software even though updates may, from time to time, be made available to Licensee. Should such updates be provided to Licensee, this license agreement shall apply to the updated version of the software, unless superseded or supplemented by other license terms provided with the updated version.
The parties agree that all rights, including, but not limited to, rights under the federal copyright laws in and to modifications, if any, to the FLO-2D Licensed Software shall remain the sole and exclusive property of FLO-2D. The parties further agree that all rights, including but not limited to rights under the federal copyright laws in and to the Licensed Software shall remain the sole and exclusive property of FLO-2D Software, Inc. No rights or licenses to the Licensed Software, other than those granted herein are granted, whether expressly, by implication, estoppels or otherwise. The term of this license shall be perpetual. No modification of this License shall be binding on the parties hereto unless such modification is in writing and duly signed by both parties.
Any attempted assignment of this License or any rights or obligations hereunder, without the prior written consent of FLO-2D, shall be null and void and of no effect and a material breach and default of this license agreement.
Restrictions
The FLO-2D model and its accompanying software and processor programs may not be sold, resold, leased, lent, rented or distributed to any other individual or organization outside the home or office of purchase. The FLO-2D model and accompanying software and processor programs can not be copied outside the home or office of purchase or to any other person, decompiled, disassembled, reverse engineered, recreated as a derivative program or otherwise used except as stated in this agreement.
Disclaimer of Warranties and Limitations of Liability
FLO-2D Software, Inc. does not make any warranty, either express or implied with respect to the licensed software, its quality, merchantability, or fitness for a particular purpose. All the FLO-2D Licensed Software provided hereunder is licensed “AS IS” and does not warrant that the licensed software is free from claims of infringement or patents, copyrights, trade secrets, or other proprietary rights of others. There are no warranties, either express or implied, and any and all such warranties are hereby disclaimed and negated. FLO-2D Software and its employees do not warrant the performance or results that you may obtain by using the FLO-2D Software or any results generated by the software. The user assumes the entire risk of using the FLO-2D Software. No oral or written information or advice given by FLO-2D Software Inc. or its employees shall create a warranty or make any modification, extension or addition to this warranty. In no event whatsoever, shall FLO-2D Software, Inc. or its employees be liable to the Licensee or to any third parties for any damages caused, in whole or in part, by the use of the licensed software or for any lost revenues, damages to computers or other computer software, lost profits, lost savings or other direct or indirect, incidental, special, or consequential damages incurred by any person, even if advised of the possibility of such damages or claims, arising out the use or application of the FLO-2D Software or the inability to use the software.
The liability of FLO-2D Software, Inc. for a defective copy of the FLO-2D Software will be limited exclusively to the replacement of the originally purchased copy of the FLO-2D Software with another copy of the software or the refund of the initial license fee if the originally purchased copy is returned within 30 days of the date of purchase.
Default
Without prejudice to any other rights, FLO-2D Software, Inc shall have the right to terminate this Agreement and the license granted herein if the Licensee fails to comply with or commits a material breach of the terms and conditions of this Agreement or commits an act of or is subject to a Default. A “Default” means any one or more of the following events: The distribution, exchange, or offer or promise to distribute or exchange one or more copies of the FLO-2D Software by the Licensee, whether by sale, license, lease or otherwise, and whether or not any consideration is received for any such transfer or offer or promise. A Default will also occur upon failure to pay the full invoice purchase price of the model within the prescribed payment period on the invoice included with the model. Upon the occurrence of a Default, FLO-2D shall provide written notice to the Licensee and the Licensee shall have fifteen (15) days from the Licensee’s receipt of said notice of Default to cure the same. If the Licensee does not affect such a cure within the prescribed time, then this Agreement and the FLO-2D license shall be terminated. Within fifteen (15) calendar days after the Licensee’s receipt of notice as provided for above, LICENSEE shall deliver to FLO-2D Software, Inc. all copies, including but not limited to, all archival and backup copies for the FLO-2D Software and all documentation related thereto.
Governing Law
This License shall be deemed made and accepted in and governed by the laws of the State of Arizona. The state and federal courts located in Arizona shall have non-exclusive jurisdiction and venue to hear all disputes arising out of or related to this License.
Copyright
© Copyright 1989, 1993, 2004, 2006. FLO-2D is copyrighted by J. S. O’Brien. All rights reserved. The FLO-2D software and manual are protected by U.S. Copyright Law (Title 17 US Code). Unauthorized reproduction and/or sales may result in imprisonment and/or fines (17 USC 506). Copyright infringers may also be subject to civil liability.