1 f.lux End User License Agreement
3 BY CLICKING ON THE “ACCEPT” OR “DOWNLOAD” BUTTON, “YOU” (MEANING YOU
4 PERSONALLY AND NOT A COMPANY OR OTHER CORPORATE ENTITY) ARE CONSENTING TO
5 BE BOUND BY AND ARE BECOMING A PARTY TO THIS LICENSE AGREEMENT
6 (“AGREEMENT”). IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT,
7 CLICK THE “CANCEL” BUTTON AND THE DOWNLOAD/INSTALLATION PROCESS WILL NOT
8 CONTINUE. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY
9 LIMITED TO THESE TERMS.
11 GRANT. Subject to your full compliance with all the terms of this
12 Agreement, Flux Software LLC (“Company”) hereby grants you (and only you)
13 a limited, personal, non-sublicensable, non-transferable, royalty-free,
14 nonexclusive license to use internally the software that you are about to
15 download or install (“Software”) only in accordance with the Company
16 documentation that accompanies it. In addition to any compatible personal
17 devices, you may download and install the Software on any compatible work
18 device(s) provided that you (1) obtain all necessary permissions, consents
19 and waivers from your employer to do so, (2) assume all risks and
20 liabilities relating to the Software on such devices, and (3) require your
21 employer to release Company from any and all liability to Company relating
22 to the download, installation, or use of the Software.
24 RESTRICTIONS. You may not (and agree not to, and not authorize or enable
25 others to), directly or indirectly: (a) copy, distribute, redistribute,
26 rent, lease, mirror, timeshare, operate a service bureau, or otherwise use
27 for the benefit of a third party, the Software; (b) disassemble,
28 decompile, attempt to discover the source code or structure, sequence and
29 organization of, or otherwise reverse engineer, the Software (except to
30 the extent applicable law prohibits restrictions on reverse engineering);
31 (c) remove any proprietary notices from the Software; or (d) bundle the
32 Software with any third party software, product or service. You understand
33 that Company may modify or discontinue offering the Software at any time.
34 For the avoidance of doubt, the foregoing restrictions apply to any
35 company or corporate entity (or its affiliates or agents acting on its
36 behalf) (each, an “Entity”) and no Entity shall download or install the
37 Software for the purposes of mirroring or distributing it to its employees
40 SUPPORT AND UPGRADES. This Agreement does not entitle you to any support,
41 upgrades, patches, enhancements, or fixes for the Software (collectively,
42 “Support”). The Software may automatically download and install updates
43 from time to time on the device(s) that you have downloaded and installed
44 the Software on. You agree to receive any such updates and any Support
45 and/or updates for the Software that may be made available by Company
46 shall become part of the Software and subject to this Agreement. The
47 Company reserves the right in its sole discretion to cease the support of
48 older versions of the Software.
50 INDEMNITY. You shall indemnify and hold harmless Company from any claims,
51 damages, liabilities, costs and fees (including reasonable attorney fees)
52 arising from your use of the Software as well as from your failure to
53 comply with any term of this Agreement.
55 WARRANTY DISCLAIMER. YOU AGREE THAT YOU ARE USING THE SOFTWARE SOLELY AT
56 YOUR OWN RISK. COMPANY PROVIDES THE SOFTWARE “AS IS” AND WITHOUT WARRANTY
57 OF ANY KIND, AND COMPANY FOR ITSELF AND ITS PUBLISHERS AND LICENSORS
58 HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT
59 LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
60 PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT. YOU
61 ACKNOWLEDGE THAT COMPANY EXPRESSLY DISCLAIMS USE OF THE SOFTWARE FOR ANY
62 MEDICAL PURPOSE (INCLUDING, WITHOUT LIMITATION, THE DIAGNOSIS,
63 EXAMINATION, OR TREATMENT OF ANY MEDICAL CONDITIONS). COMPANY DISCLAIMS
64 ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SOFTWARE MADE BY YOU OR
65 ANY THIRD PARTY AND ANY SUCH REPRESENTATION OR WARRANTY IS NOT MADE ON
66 COMPANY’S BEHALF. Company disclaims any and all liability to you, your
67 employer, or any third party relating to the download, installation, or
68 use of the Software in violation of the foregoing.
70 LIMITATION OF LIABILITY. COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE WITH
71 RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT,
72 NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (A) FOR LOSS OR INACCURACY OF
73 DATA OR (EXCEPT FOR RETURN OF AMOUNTS, IF ANY, PAID TO COMPANY BY YOU
74 HEREUNDER) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR
75 TECHNOLOGY, OR (B) FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES
76 INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS.
77 COMPANY SHALL NOT BE RESPONSIBLE FOR ANY MATTER BEYOND ITS REASONABLE
78 CONTROL. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF COMPANY SHALL HAVE
79 BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW
80 THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
81 ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
83 TERMINATION. You may terminate this Agreement and the license granted
84 herein at any time by destroying or removing from all computers, networks,
85 and storage media all copies of the Software. Company may terminate this
86 Agreement and the license granted herein immediately if you breach any
87 provision of this Agreement or at any time for any or no reason. Upon
88 receiving notice of termination from Company you will destroy or remove
89 from all computers, networks, and storage media all copies of the
90 Software. Sections 2 through 8 shall survive termination of this
93 MISCELLANEOUS. You shall comply with all applicable export laws,
94 restrictions and regulations in connection with your use of the Software,
95 and will not export or re-export the Software in violation thereof. As
96 defined in FAR section 2.101, DFAR section 252.227-7014(a)(1) and DFAR
97 section 252.227-7014(a)(5) or otherwise, all Software and accompanying
98 documentation provided by Company are “commercial items,” “commercial
99 computer software” and/or “commercial computer software documentation.”
100 Consistent with DFAR section 227.7202 and FAR section 12.212, any use,
101 modification, reproduction, release, performance, display, disclosure or
102 distribution thereof by or for the U.S. Government shall be governed
103 solely by these terms and shall be prohibited except to the extent
104 expressly permitted by these terms. This Agreement is personal to you and
105 you shall not assign or transfer the Agreement or the Software to any
106 third party under any circumstances; Company may assign or transfer this
107 Agreement without consent. This Agreement represents the complete
108 agreement concerning this license between the parties and supersedes all
109 prior agreements and representations between them. It may be amended only
110 by a writing executed by both parties. If any provision of this Agreement
111 is held to be unenforceable for any reason, such provision shall be
112 reformed only to the extent necessary to make it enforceable. This
113 Agreement shall be governed by and construed under New York law without
114 regard to any conflicts of law provisions thereof.
116 Email for further information: support@justgetflux.com
117 Copyright f.lux Software LLC 2008-2018