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Amazing Flash Software License

THIS AGREEMENT EXPRESSES THE TERMS AND CONDITIONS ON WHICH YOU MAY USE THIS SOFTWARE PROGRAM AND ASSOCIATED DOCUMENTATION THAT AMAZING FLASH (hereinafter referred to as "THE AUTHOR") IS FURNISHING OR MAKING AVAILABLE TO YOU WITH THIS AGREEMENT (COLLECTIVELY, THE "SOFTWARE"). PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE PURCHASING, INSTALLING OR USING THE SOFTWARE. BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AND YOUR COMPANY (COLLECTIVELY, "YOU") ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE. VARIOUS COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS PROTECT THE SOFTWARE. THIS AGREEMENT IS A LICENSE AGREEMENT THAT GIVES YOU LIMITED RIGHTS TO USE THE SOFTWARE AND NOT AN AGREEMENT FOR SALE OR FOR TRANSFER OF TITLE. THE AUTHOR RETAINS ALL RIGHTS NOT EXPRESSLY GRANTED BY THIS AGREEMENT.

The author forbids, under any circumstances, the unauthorized reproduction of the Software or use of illegally obtained software. Making illegal copies of the Software is prohibited. Individuals who violate copyright law and software licensing agreements may be subject to criminal or civil action by the owner of the copyright. Violations, in whole or only in part will be fine by 1,000 US dollars per offense, or the maximum allowed by law.

1. LICENCE GRANT

Upon the terms and conditions of this Agreement, the Author grants you a nonexclusive, nontransferable license to use the Software on one domain name (on one web server) and only for purposes of building a website (or online store) on the Internet.

2. PROPERTY RIGHTS AND RESTRICTIONS

2.1 Ownership. The Software and all modifications or enhancements to, or derivative works based on the Software, whether created by the Author or you, and all copyrights, patents, trade secrets, trademarks and other intellectual property rights protecting or pertaining to any aspect of the Software or any such modification, enhancement or derivative work are and shall remain the sole and exclusive property of the Author. This Agreement does not convey title or ownership to you but instead gives you only the limited rights set forth in this Agreement.

2.2 Limited Rights. Pursuant to this Agreement, you may: a) use the Software on one website only. You must provide the author with exact URL (Unique Resource Locator) of the website you install the Software to; b) modify the Software and/or merge it into another program;

Except as expressly set forth in this Agreement, you have no right to use, make, sublicense, modify, transfer or copy either the original or any copies of the Software or to permit anyone else to do so. You may not allow any third party to use or have access to the Software. It is illegal to copy the Software and install that single program for simultaneous use on multiple machines.

2.3 Proprietary Notices. You may not remove, disable, modify, or tamper with any copyright, trademark or other proprietary notices and legends contained within the code of the Software.

2.4 Confidentiality. The Software and the templates contain valuable trade secrets and proprietary information belonging to Author. You must keep confidential and protect from unauthorized disclosure all such program code, all templates and all information that Author expressly designates as confidential or that you reasonably should understand to be confidential or proprietary.

3. WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES

3.1 We warrant that the Software will substantially operate as described in the applicable program documentation for 1 year after you download/copy it to install on your website. If ordered, technical support can be provided based on the then current policies for the applicable services ordered. This Software is provided "as is" and these warranties do not guarantee that the Software will perform error-free or uninterrupted, or that we will correct all program errors. These warranties are exclusive and take the place of all other express or implied warranties or conditions including warranties or conditions of merchantability, satisfactory quality, and fitness for a particular purpose.

If we cannot substantially correct a breach of our warranties, in a commercially reasonable manner, you may end your program license and recover the license fees or technical support fees paid to us under this license agreement, as applicable. This is your exclusive remedy. A refund will not be issued in any situation where you do not agree with any policy of Amazing Flash, including but not limited to, our policy of only allowing you to use our software on one domain name.

4. LIMITATION OF LIABILITY

Neither party shall be liable for any indirect, incidental, special, punitive, or consequential damages, or any loss of profits, revenue, data, or data use. Our maximum liability for any damages whether in contract or tort will not exceed the fees which you have paid to us or are payable to us for this order, and if such damages result from your use of the Software or technical support, the liability shall be limited to the fees paid or payable for the Software or technical support.

5. TERM

The license is effective until terminated. You may terminate it at any other time by deleting the Software together with all copies, modifications and merged portions in any form. It will also terminate upon conditions set forth elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement. You agree upon such termination to delete the Software together with all copies, modifications and merged portions in any form.

6. REFUNDS

Amazing Flash, like many other software providers can not provide refunds after our software has been downloaded. If you make a purchase and change your mind, and have *not* downloaded our software, we will provide a refund to you within 7 - 14 days. Our download system has many features for tracking any order, and since your software may only be downloaded after you are logged in to our website, only you will be able to download it. Each software license is also locked to one domain name which you will be able to select for your license after purchase. We are able to sometimes prove you are the person who purchased a software license by looking up your domain name and matching it to the company / individual whose name appears on your credit card / PayPal account, however it is not our responsibility to do so, and we are only required to provide the domain name to you (if you request this information).

Refunds will also not be given for the following reasons, including but not limited to, lack of features, lack of knowledge of how to use it, not wanting to spend the time needed to install or use your software, hosting issues where your host does not meet the server requirements including (but not limited to) misconfigurations, security settings blocking normal php usage, not having a hosting account, not having other necessary tools like a computer, web browser, ftp program, internet access, or anything else required to use and / or maintain your own website. Our software is simply one component of having a fully functioning website online, and while we do everything we can think of to provide you with as much information about building a website, we can only be responsible for providing information about our own product(s), and not any other aspect of putting a website online, even if they are required to use our product.

7. SUPPORT

All prices for any product or service is determined by us, and us alone, based on what we feel the reasonable market price should be for the product or service itself. Any and all support provided, except in cases where the service you are purchasing is a support package, is provided free of charge and you do not pay anything for the support you receive. Therefore, if you are unhappy with the support you receive, you may never claim that you did not receive the product or service based on your own idea of what you should receive. If you have questions about what you will receive, you may ask us BEFORE purchase and we will be more than happy to answer any questions you have. If you do not ask, or do not ask the specific question(s) that you have about any particular topic, we can in no way be responsible for providing anything more than what you have actually paid for, and can also in no way be able to provide you what you feel you should receive. In the software industry this is very important to understand, as some customers will base their opinion as to what they should receive based on what they want or feel they need, and not based on our (or other leading companies) standards of what they will in fact receive by making a purchase.

By purchasing any Amazing Flash software product, we will not become your website developer or designer, and any and all support provided to you as a customer will be in the narrow scope of supporting our actual product itself. Different customers have different opinions as to what supporting a product entitles them to, so this section is here to help make this more clear. Our product(s) are used by both web developers and novice internet users, therefore different clients may require a different level of support, and it is not always the novice user who needs the most support, especially when a web developer may be trying to customize our software to do more than what it is intended for. Amazing Flash develops software hoping that it will be used to its maximum ability and does want each and every user to get the most out of it, hopefully receiving much more than they have paid for. However, we require that each customer have a reasonable expectation as to what they have actually paid for, and not make demands for additional support, products or services by claiming the product you paid for is useless, not working, not as described, or otherwise not worth what you paid for it because you want these additional services for free. Amazing Flash is also a development company with generally lower prices than other companies of similar quality, but it has been our experience that anything that is more than a customer wishes to spend on something is considered "over priced", and if you purchase a product or service and after purchase realize that you want or need an additional service we will not be able to provide that service for free or at a discount. We will always answer any questions you have BEFORE (and after) purchase honestly, therefore it is your responsibility to ask any questions you have and do any other research required for anything not directly related to our product or service that you have paid us for. This includes, but is not limited to, domain names, web hosting, personal instruction (including for our product), general website knowledge like ftp or security enhancements, or any other item that we, in our sole disgresion, determine to be fair and included with the price of our software.

Support for any single product or service will be limited to general installation, not including any issues you may have not caused by problems with our software like incorrect hosting configurations, lack of the proper resources needed to run any php application, even if other php applications do work with your hosting account, as other applications may not require the same php or server libraries as our software may need. Every software application we provide has been fully tested on common server configurations, and generally the same environments that most hosting companies provide, and if your host uses any type of different setup you must ask them (not us as we will not know), and also work with them on fixing any issues you have. We know and have seen many times in the past, hosting companies that will always tell you they have a standard setup out of fear that you may leave their company, and we can in no way be responsible for any information they provide you, or provide any refunds or credits resulting from incorrect information provided by any other company.

Any type of abuse of our service, whether it be abuse of our products or employees will result in immediately termination of any support we may have normally provided to you, and we will certainly not be able to provide any refunds or credits to you if any of your actions results in the termination in said support. It has always confused us as to why some people feel they will get more than what they have paid for by making slanderous, abusive and ridiculous comments or claims with the hope that we will then provide additional services for free or at a discount. Instead, we reserve the right to terminate any support and / or contact with you if we feel, in our sole disgression, that we are unable to keep a professional relationship, or at very least, be able to provide you with the same support our other customers receive. Any software product that has a one time fee (not including any type of renewal for upgrades), does not include on going support over more than 30 days. This means that 30 days after the date of your purchase, regardless of when you begin working with the software (for any reason), we will not be able to continue answering questions unless you pay for a support package. This policy has been made to insure that we will be able to provide support for each customer in timely and professional fashion, and to prevent making any customer within their 30 days wait for the support that they are entitled to. We try to continue a good relationship with every customer in good standing forever, and therefore do our best to help you if we can, but are in no way required to, as some people try to take advantage of a company who actually cares about them and use our efforts to make them happy as a way to receive additional products and services for free. Therefore we will make any decisions as to any additional help we provide on a case by case basis, and if we choose to not provide this additional help for free, you may not make any claims that you did not receive what you paid us for.

8. EXCHANGES

Once a domain name license has been granted for any purchase of our software, we are not able to issue another license for a different domain name. This means you must enter the correct domain name for your license since our software will not work on any other domain name. The domain name that you enter in order to download our software, must be the domain name you wish to use our software on, and not any other domain name you own or use. If you miss spell your domain name we will correct the misspelling and issue a new license, however this will only be done for you if the first domain name you entered can not be used at all. Domain names that are spelled correct but are given the incorrect tld (third level domain), for example .com .net .org etc, will not be considered a misspelling since it is common for internet businesses to own multiple tlds, and even if you do not own the first tld you entered, it would still be possible for you to purchase that tld and in effect own 2 licenses. It is not the responsibility of Amazing Flash or any partners, affiliates, etc to have to prove you do not own the incorrect license as this would require us to spend time researching and / or spend money to determine who the actual owner is, and since we allow each customer to create a new license for themselves, we have no control over what you entered and therefore have no responsibility as to any mistakes that are made. This policy is in effect to protect us from unlawful claims and to prevent fraud, and while we do not wish to ever blame or accuse our customers, we must keep a no exceptions policy for each and every customer, regardless of whether our customer service representatives believe you made a mistake or not.

9. CHARGEBACKS

This software license sets forth all of the policies that govern your right to use our software on any domain name which you purchase a license for. In order to purchase a license for your website, and use it, you must agree to these terms which constitutes a legally binding agreement; and you must agree to these terms by checking a box on our website. Downloading our software also requires acceptance of these terms, and use of our software, even for a brief amount of time, shall be considered additional proof of your acceptance of these terms as The Author expressly prohibits the use, or even the storage of any files that are part of our software, unless you agree to be fully bound by all terms and conditions. As such, any dispute arising from the sale or use of our software must be taken up with the refund department of the author only, which will follow the terms that you were bound to when completing your purchase and / or downloading our software package. All online businesses deal with fraudulent charge backs as part of their day to day business operations, and Amazing Flash being a leader in the ecommerce industry, certified by every major payment gateway provider, in conjunction with our lawyers and collection agencies, has determined that the terms set forth in this section regarding charge backs must be accepted in order to use our software. We make every effort to satisfy our customers both before and after purchase, we try to list as much information as possible on our website to help you fully understand how to use our product(s), however since our software is a technical product, we do not know or have any control over your knowledge of how to use website applications, nor do we have control over any misunderstandings you may have based on any lack of knowledge. Most customer disputes can be avoided by reading the information on our website, viewing our online demos, and in any situation where you read something you do not understand, asking questions before you make your purchase to make sure you will be able to use our product. Charge backs are strictly prohibited by this agreement and occur when a customer attempts to avoid the terms they agreed to by this legally binding agreement. A chargeback, even if successful, does not release you from any fees you have paid in advance, or any additional fees owed, or fees occurred as a result of the chargeback. In our experience with our business, and the businesses of other successful online businesses, most customers who attempt charge backs tend to not even attempt to understand what they are buying, and instead only read the information on our website after purchase when trying to justify the fact that they did not do the proper research, ask questions, or attempt to read our instructions to use our product on their own. Others try to receive more than they paid by making threats or complaints that they must have an additional service because they did not want (or could not) pay for a service, and may try to perform these tasks themselves, and if unsuccessful, claim the product was "impossible to use", was "broken", or not as described based on what they wanted our product to be, instead of what it actually is. Every chargeback requires us to spend additional time proving that you have received our software, explaining to PayPal or your credit card company what reasons you gave us when asking for a refund, and since about 90% of the time the reason you gave us is different from the reason given to your bank, we must spend as much time as necessary to prove our charges are valid. If a situation arises where we, in our sole disgression, feel that a customer is entitled to a refund, we will issue one without the need of contacting your bank, which saves us time, and will protect you from additional fees that every customer who attempts a chargeback (regardless of if successful) will be charged. The moment a chargeback is filed, we will have the right to immediately cease all support of your website, restrict the use of any other application which was previously given to you at no charge, for example, our free shopping cart. Since the author's owners, employees, partners, and / or resellers are web developers and / or professional consultants, all time and expenses spent defending this legal agreement will be billed to the individual who authorized the purchase, and this agreement's terms are personally guaranteed by the person whose name appears on the credit card, bank or PayPal account, and expressly prohibits you to make this debt owed by any company, regardless of structure. This is called a Personal Guarantee, and makes all fees charged by this agreement owed by the individual, and all unpaid debts will be sent to a collection agency. Once filed with a collection agency, you will have to deal with them to settle this debt, and the author is in no way liable for any action taken by them, including but not limited to, damage to credit, lose of revenue, time spent, and / or court expenses. Additional fees that will be charged, and allowed by this agreement shall be one hundred and fifty dollars for up to the first 3 hours of time needed to defend the transaction, plus the full amount of the original transaction if successfully charged back, plus any and all fees assessed to us by PayPal, your credit card company, and / or by your bank, and in situations where we are required to spend more than 3 hours defending ourselves, either speaking with you and / or any 3rd party as part of the chargeback dispute. You are also bound by this agreement to not disclose any information regarding any dispute with the author, for any reason except in situations where you are bound by law to do so. Any disclosure shall be considered slander, as customers who perform charge backs for authorized transactions commonly attempt to involve 3rd parties with the hope that they can somehow invalidate this legal agreement, or hoping to hurt our reputation. Damages for any such disclosure, regardless of if that 3rd party does anything on your behalf, shall be no less than five hundred dollars per occurrence for each 3rd party you disclose to. A 3rd party shall be any individual, company or organization which is *not* a court or law enforcement agency, lawyer and / or your bank. If any term of this agreement is considered invalid by a court in the jurisdiction governed by this agreement, all remaining sections shall still be considered valid. If any individual fee is considered higher than the maximum allowed by law, the maximum allowable by law shall be replaced with the amount set forth in this agreement, and all other amounts found to be permitted by law shall remain exactly as set forth in this agreement. This chargeback policy is intended to stop customers from making threats to us when they have no legal right to make a demand, for example for a refund. When a customer feels that they can demand a refund for any or no reason, they are much less likely to work with us in good faith to do what is required of them to use the product, more likely for them to become abusive to us when asking for help, and more likely for them to continue to use the product even after they have received their money back. Regardless of how you justify a chargeback, if you are not entitled to a refund set forth by this agreement, you are stealing it, since ALL of our products require payment in order to receive them, so we do not see the difference between making a chargeback and stealing a product from a normal retail store.

10. GENERAL

If any provision of this Agreement is declared void or unenforceable by any judicial authority; this shall not nullify the remaining provisions of the Agreement which shall remain in full force and effect.

You may not sublicense, assign or transfer the license or the Software except as expressly provided in this Agreement. Any attempt to otherwise sublicense, assign or transfer any of the rights, duties or obligations hereunder is null and void.

This Agreement is governed by American law. Any dispute arising out or in connection with this agreement including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration or civil law suit filed in Hillsborough County, Florida. The choice of whether arbitration or a civil law suit will be used to resolve any legal dispute will be the choice of the author, and no other party.

11. ADDITIONAL TERMS

This license agreement sets forth our terms of service regarding purchases of our software, as well as, other terms relating to our products. All software is also protect by the AFCommerce Free Public License Agreement, which can be found at: http://www.afcommerce.com/freesoftwarelicense.php and all terms of that agreement shall be considered part of this agreement as well.

The Developer of the Source Code is Paul Crinigan Copyright 2002 - 2007 Paul Crinigan. All Rights Reserved.

This document was last modified on: 2 - 15 - 2006




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