FlashFXP License Agreement
End User License Agreement (EULA)
Copyright(C) 1998-2012 OpenSight Software, LLC
All Rights Reserved
This End-User License Agreement ("EULA") is a legal agreement between you
(either an individual or a single entity), the end-user, and OpenSight Software
LLC. This EULA permits you to use a single copy, or multiples copies of the
software product identified above, which includes computer software and may
include associated media, printed materials, and on-line or electronic
documentation ("FlashFXP Software").
By installing, copying, or otherwise using the FlashFXP Software, you agree to
be bounded by the terms of this EULA. If you do not agree to the terms of this
EULA, do not install or use the FlashFXP Software.
Do not use the Software until you have carefully read the following Agreement.
SOFTWARE LICENSE AGREEMENT
1. GRANT OF LICENSE
Subject to the terms and conditions of this Agreement, OpenSight Software LLC
grants to you a limited, non-exclusive, license to install, download, and use
the Software. The FlashFXP software is licensed, not sold.
1.1 SHAREWARE VERSION
This license type is for an individual or organization to evaluate the FlashFXP
software. This is not free software. Subject to the terms below, you are hereby
licensed to use this software for evaluation purposes without charge for a
period of thirty (30) days. If you use this software after the (30) day
evaluation period a registration fee is required. The trial version will
continue to run for an additional (30) days while displaying a reminder on
startup that the initial trial period has expired. The registration fee grants
you the right to use this software for an unlimited time, and does not display
any registration reminders. When payment is received, you will be sent your own
personal registration code that will convert the shareware version into the
1.2 REGISTERED VERSION
Personal and Business license keys.
A single license of FlashFXP may be used in one and only one of the following
A single person may use the FlashFXP software for his or her exclusive use on
multiple computers (up to 4) located at his or her home including portable device installs.
The Business License authorizes the use of the FlashFXP software in a corporate,
government or business environment.
Select the licensing model below that best describes your situation:
- a) Per-User License. A company or department may
purchase a license for a subset of users as long as the FlashFXP software is
installed on devices only accessible by licensed users.
- b) Per-Device License. A company may purchase a license
for each computer the FlashFXP software will be used on (excluding Terminal
Servers), usable by an unlimited number of persons.
- c) Site License. A company may purchase a license for
every person in the company or site, and use the license on unlimited
devices, including Terminal Servers.
- d) Terminal Server License. A company may use the
FlashFXP software on one "Terminal Server" provided they purchase the same
number of licenses for the FlashFXP software as the Terminal Server.
Additionally, when used in this manner, the FlashFXP software license may
not be used outside of Terminal Server environment. Any use outside of the
Terminal Server requires additional licenses.
You may not decompile, disassemble or otherwise reverse engineer the FlashFXP
software, or engage in any other activities to obtain underlying information
that is not visible to the user in connection with normal use of the FlashFXP
software. You agree not to modify, rent, lease, loan, sell, distribute, or
create derivative works based upon this software. You agree not to publicize or
distribute any registration code algorithms, information, or registration codes
used by this software without permission from OpenSight Software.
You may not use the Software to engage in or allow others to engage in any
illegal activity where the Software is accessed and used. You may not use the
Software to engage in any activity that will violate the rights of third
parties, including, without limitation, through the use, public display, public
performance, reproduction, distribution, or modification of communications or
materials that infringe copyrights, trademarks, publicity rights, privacy
rights, other proprietary rights, or rights against defamation of third parties.
3.0 REFUND POLICY
We offer free fully functional 30-day trial versions of FlashFXP that you can
download and try before you buy. Our shareware versions allow you to test the
software before you decide to make a purchase. You must utilize the 30-day
evaluation period to decide if the FlashFXP software meets your needs and is
compatible with your systems.
Our refund policy is set in accordance with Distance Selling Regulations 2000
and other key regulations. You can ask for a refund within 14 days of making
However, due to the nature of downloadable software, we can only provide a
refund if the license code remains unused and unactivated.
4.0 REGISTRATION AND ACCEPTANCE
By installing, copying, accessing, downloading or using the Software (or
authorizing any other person to do so) you are indicating that you are 18 years
of age or older (any parent or guardian of a person under the age of 18 may
accept this Agreement on behalf of a user), are capable of entering into a
binding legal agreement, have read and understand this Agreement and you accept
its terms and conditions. If you do not agree with the terms and conditions of
this Agreement, do not install, copy, access, download or use the Software.
This software is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties.
Only the shareware version of the FlashFXP software may be distributed.
Provided that you verify that you are distributing the shareware version, you
may distribute the FlashFXP software on on-line services, bulletin boards, or
other electronic media provided that it is not modified and the original archive
remains intact with all accompanying files, and provided that no fee is charged.
The FlashFXP software may not be distributed on CD-ROM, disk, or other physical
media for a fee without the permission of OpenSight Software, LLC.
The license will terminate automatically and the FlashFXP software will revert
back to the shareware version if you fail to comply with any of the above terms
and conditions. The license may be terminated by either party at any time and
8.0 DISCLAIMER OF WARRANTIES
THE FLASHFXP SOFTWARE AND ANY THIRD PARTY SOFTWARE AND SERVICES ARE
PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. OPENSIGHT
SOFTWARE LLC AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST
EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-
INFRINGEMENT OF PROPRIETARY RIGHTS AND ANY WARRANTIES REGARDING THE
SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE FLASHFXP
SOFTWARE OR SERVICE AND SUCH THIRD PARTY SOFTWARE OR SERVICES.
OPENSIGHT SOFTWARE LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN THE FLASHFXP SOFTWARE OR SERVICE WILL MEET YOUR REQUIREMENTS, THAT
THE OPERATION OF THE FLASHFXP SOFTWARE OR SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE FLASHFXP SOFTWARE
OR SERVICE WILL BE CORRECTED. OPENSIGHT SOFTWARE LLC DOES NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE
USE OF THE FLASHFXP SOFTWARE OR SERVICE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY OR OTHERWISE. OPENSIGHT SOFTWARE DOES NOT
REPRESENT OR WARRANT THAT USERS WILL BE ABLE TO ACCESS OR USE THE
FLASHFXP SOFTWARE AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT
OPENSIGHT SOFTWARE LLC WILL HAVE ADEQUATE CAPACITY FOR ANY USER'S
REQUIREMENTS. NO ORAL OR WRITTEN STATEMENT, INFORMATION OR ADVICE
GIVEN BY OPENSIGHT SOFTWARE LLC, OR ITS RESPECTIVE EMPLOYEES,
DISTRIBUTORS, DEALERS, OR AGENTS SHALL CREATE ANY WARRANTIES.
YOU UNDERSTAND AND AGREE THAT YOUR DOWNLOAD AND/OR USE OF THE FLASHFXP SOFTWARE, AND ALL
THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE FLASHFXP SOFTWARE
OR SERVICE, IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OR USE OF THE FLASHFXP SOFTWARE OR SERVICE AND SUCH THIRD PARTY
SOFTWARE AND SERVICES.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE
OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
9.0 LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL OPENSIGHT SOFTWARE LLC, OR ITS SUPPLIERS,
RESELLERS, PARTNERS OR THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM
OR RELATED TO THE FLASHFXP SOFTWARE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT,
TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF ANY SUCH PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WITHOUT LIMITING THE FOREGOING, THE
TOTAL AGGREGATE LIABILITY OF OPENSIGHT SOFTWARE LLC, AND ITS SUPPLIERS,
RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES ARISING FROM OR RELATED TO
THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO OPENSIGHT
SOFTWARE LLC FOR THE FLASHFXP SOFTWARE. IF THE FLASHFXP SOFTWARE IS PROVIDED WITHOUT CHARGE, THEN
OPENSIGHT SOFTWARE LLC AND ITS SUPPLIERS SHALL HAVE NO LIABILITY TO YOU
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE
FROM USE OR MISUSE OF AND RELIANCE ON THE FLASHFXP SOFTWARE, FROM INABILITY TO USE THE
FLASHFXP SOFTWARE, TO USE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE
FLASHFXP SOFTWARE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION
SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY
AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL,
CONSEQUENTIAL, OR DIRECT DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY
NOT APPLY TO YOU.
THE FLASHFXP SOFTWARE IS NOT INTENDED FOR USE IN CONNECTION WITH ANY NUCLEAR, AVIATION,
MASS TRANSIT, OR MEDICAL APPLICATION OR ANY OTHER INHERENTLY DANGEROUS
APPLICATION THAT COULD RESULT IN DEATH, PERSONAL INJURY, CATASTROPHIC DAMAGE, OR
MASS DESTRUCTION, AND LICENSEE AGREES THAT OPENSIGHT SOFTWARE LLC WILL HAVE NO
LIABILITY OF ANY NATURE AS A RESULT OF ANY SUCH USE OF THE FLASHFXP SOFTWARE.
In no event shall OpenSight Software LLC.'s liability exceed the purchase price
of the FlashFXP software.
10.0 UPGRADES, UPDATES AND ENHANCEMENTS
All upgrades, updates or enhancements of FlashFXP software shall be deemed to be
part of FlashFXP software and will be subject to this Agreement.
Installer version check
When installing the FlashFXP software the installer will perform a version check
to insure the latest version is being installed. The installer connects to our
servers and the following information is transmitted: Product version number.
Special offers and product discount Service
The shareware version of FlashFXP will connect to our server on startup to
provide the user special offers and product discounts. The following information
is transmitted: Product version, unique user id, current day of evaluation,
product integrity hash.
Automated Update Service
The registered version of FlashFXP will periodically connect to our server and
check if any new versions are available and allows for a convenient method to
update the FlashFXP Software. The following information is transmitted: Product
version, unique user id, license key id, product integrity hash.
FlashFXP has a crash-reporting tool that sends a report to OpenSight Software
LLC when FlashFXP crashes. OpenSight Software LLC uses the information in the
crash reports to diagnose and correct problems in FlashFXP. This feature sends a
variety of Non-Personal Information to OpenSight Software LLC, including the
stack trace (a detailed description of which parts of the FlashFXP code were
active at the time of the crash), the type of computer you are using, and a list
of active processes.
OpenSight Software reserves the right to modify or amend this Agreement at any
time and for any reason or for no reason at all, in their sole discretion,
without notice. Please review the version of this Agreement at
https://www.flashfxp.com/eula from time to time in order to keep current with its
terms and conditions.
If any provision in this Agreement should be held illegal or unenforceable by a
court of competent jurisdiction, such provision shall be modified to the extent
necessary to render it enforceable without losing its intent, or severed from
this Agreement if no such modification is possible, and other provisions of this
Agreement shall remain in full force and effect. A waiver by either party of any
term or condition of this Agreement or any breach thereof, in any one instance,
shall not waive such term or condition or any subsequent breach thereof.
Last Updated: January 1st, 2012
Contacting OpenSight Software, LLC.
Users with questions about this End User License Agreement may contact OpenSight