The End User License Agreement for Flynax boat classifieds - Flynax Package.
This End User License Agreement (“EULA”) is a legal agreement between an individual or a legal entity (Customer) and Flynax boat classifieds (Company).The EULA is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Flynax Package constitutes your agreement to all such terms, conditions, and notices
1. USE OF THE CUSTOMER’S PERSONAL INFORMATION.
1.1. The Company is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to the Flynax Package and governs data collection and usage. By using the Flynax Package, you consent to the data practices described in this statement.
1.2. The Company collects personally identifiable information, such as your e-mail address, name, home/ work address, ZIP code.
1.3. There is also information about your computer hardware and software that is automatically collected by the Company. This information can include: your IP address, browser type, domain names, access times and referring Web site addresses. This information is used by the Company for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Flynax Package.
1.4. The Company may combine and use personal information collected from you at different times to improve its services by sending email newsletters, or sending printed materials to your home. The personal information will not be shared with third parties.
2. MODIFICATION OF THESE TERMS OF USE BY THE COMPANY.
2.1 The Company reserves the right to change the terms, conditions, notices under which the Flynax Package is offered, and inform the Customer beforehand the changes would come into effect, in this instance 5 work days by email.
2.2. The Company has the right to reassess the monthly charges associated with the support of the Flynax Package taking into account of new modifications accrued to the package. This is arranged between the Company and the Customer beforehand.
3.RESTRICTIONS.
3.1. As a condition of your use of the Flynax Package, you warrant to the Company that you will not use the Flynax Package for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
3.2. You may not use the Flynax Package in any manner which could damage, disable, overburden, or impair the Flynax Package or interfere with any other party's use and enjoyment of the Flynax Package.
3.3. If you install additional copies, even if such additional copies are located on the same domain and/or the same IP, such usage is prohibited unless additional licenses are purchased.
3.4. This license prohibits selling, licensing, or otherwise distributing the source code of the script contained in Flynax Package, either in full or any subpart thereof or as part of another program that you either sell, license, or otherwise distribute via any method.
4. THE CUSTOMER’S RIGHTS.
4.1. You are granted a single, non-exclusive, non-transferrable license to install and use one copy of the Flynax Package on a single domain name or IP address.
5. LIABILITY DISCLAIMER.
5.1. The Company is not responsible for:
a) uploaded files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of Customer's server.
b) conduct or forward surveys, contests, pyramid schemes on the Customer’s website.
5.2. The Company does not control or endorse the content, messages or information found in any web pages on your website and, therefore, the Company specifically disclaims any liability with regard to any actions resulting from your activity.
5.3. The Company does not take any responsibility for the development of your business, booming, slacking, business recession and bankruptcy.
5.4. Managers and technical staff are not authorized to reflect the full and official Company’s point of view in particular matters.
5.5. To the maximum extent permitted by applicable law, in no event shall the Company be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with use or performance of the Flynax Package, with the delay or inability to use Flynax Package or related services, the provision of failure to provide services, or for any information, products, services obtained through the Flynax Package, or otherwise arising out of the use of the Flynax Package, whether based on contract, tort, negligence, strict liability or otherwise.
6. REFUNDS.
6.1. The Company does not make refunds after the program source code package is accessed by the Customer with Flynax License. In this case there are no circumstances that make it possible to claim full or partial refund.
6.1. The Company does make refunds if refunds are not issued for server failure/issues, lack of features or if your server does not meet the Software Requirements. Refunds are determined on individual circumstances and only issued once our technical staff determine that Flynax Package is unable to run on your server. Refunds are not available after 1 month from purchase date.
7 EULA CANCELLATION.
7.1. The company is entitled to cancel the agreement at any time in any case of a violation of the terms, conditions, notices of this agreement.
8. COPYRIGHT.
8.1. All contents of the Flynax Classifieds Software are: © Flynax classifieds software | 2008. All rights reserved.
8.2. Any rights not expressly granted herein are reserved.