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