TERMS AND USE CONDITIONS
This End User License Agreement (EULA) is for international purpose, there is no
physical support accompanying the EULA. The delivery of the Flairdocs software is
limited to the delivery of the license use (without any source code) allowing the
End User to install and use legally the Product. Flairsoft declines all responsibilities.
Once, the payment of the invoice is done, Flairsoft considers that no money will
be refunded in any cases, that is why Flairsoft strongly recommends that before
the payment of the licenses price, READ CAREFULY THE EULA AGREEMENT.
OWNERSHIP
The foregoing license use is limited to the number of end users, as mentioned in
your invoice. Flairsoft retains all right, title and interest, including all copyright
and intellectual property rights, in and to, the Software and all copies thereof.
All rights not specifically granted in this EULA, including National and International
Copyrights, are reserved by Flairsoft.
LICENSE AND WARRANTY
FLAIRSOFT DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED,
OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT.
FLAIRSOFT DOES NOT WARRANT THAT THE SOFTWARE IS ERRORFREE OR WILL OPERATE WITHOUT
INTERRUPTION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FLAIRSOFT OR EMPLOYEES
SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THESCOPE OF ANY WARRANTY PROVIDED
HEREIN. FLAIRSOFT SHALL HAVE NO RESPONSIBILITY IF THE SOFTWARE HAS BEEN ALTERED
IN ANY WAY, OR FOR ANY FAILURE THAT ARISES OUT OF USE OF THE SOFTWARE WITH OTHER
THAN A RECOMMENDED HARDWARE CONFIGURATION, PLATFORM OR OPERATING SYSTEM.The software
which accompanies this license ('Flairdocs') is the property of Flairsoft or its
licensers and is protected by American and Worldwide laws. While Flairsoft continues
to own Flairdocs, you will have certain rights to use Flairdocs after your acceptance
of this license. Except as may be modified by a license addendum which accompanies
this license, your rights and obligations with respect to the use of Flairdocs are
as follows:
YOU MAY
Flairsoft software is a Client Server System; you may use Flairdocs on a network,
the license use allows you to use the system for each computer that can access the
Software over your network (Intranet).
YOU MAY NOT
1. You may not make or distribute copies of Flairdocs, or electronically transfer
Flairdocs from one computer to another or over a network.
2. You may not alter, merge, modify, adapt or translate Flairdocs, or decompile,
reverse engineer, disassemble, or otherwise reduce Flairdocs to a human-perceivable
form.
3. You may not sell, rent, lease, or sub-license the Flairdocs.
4. You may not modify Flairdocs or create derivative works based upon Flairdocs.
5. You shall not use Flairdocs to develop any software or other technology having
the same primary function as Flairdocs, including but not limited to using Flairdocds
in any development or test procedure that seeks to develop like software or other
technology, or to determine if such software or other technology performs in a similar
manner as Flairdocs.
6. You may not use a previous version or copy of Flairdocs after you have received
an update or an upgraded version as a replacement of the prior version, upon upgrading
the Flairdocs, all copies of the prior version must be destroyed.
7. It is not allowed to transfer Flairdocs on a permanent basis to another entity.
DISCLAIMER OF DAMAGES
Regardless of whether any remedy set forth herein fails of its essential purpose,
in no event will Flairsoft be liable to you for any special, consequential, indirect
or similar damages, including any lost profits or lost data arising out of the use
or inability to use Flairdocs even if Flairsoft has been advised of the possibility
of such damages. In no case shall Flairsoft liability be engaged. Flairsoft has
the reserved rights to change, update, do any modifications regarding its software
without any notice or comments. In this case, there will be no consequence or damages
(financial or others) for Flairsoft, Ltd. In this case, the person or entity having
the Flairsoft Software license are free to buy, or not, the update from Flairsoft
directly.
GENERAL
This Agreement will be governed by the laws of OHIO. This Agreement may only be
modified by a license addendum which accompanies this license, or by a written document
which has been signed by both you and Flairsoft. Should you have any questions concerning
this Agreement, or if you desire to contact Flairsoft, Ltd. for any reason, please
send us an email at: www.flairsoft.net .
U.S. GOVERNMENT RESTRICTED RIGHTS
Flairdocs is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by
the U.S. Government (including its agencies and instrumentalities) is subject to
restrictions set forth in 48 CFR 52.227-19 or DFARS 252.227-7014, as applicable.
The Manufacturer is Flairsoft. The Flairsoft address is 7720 Rivers Edge Dr., Columbus,
Ohio 43235.
TERMINATION
Without prejudice to any other rights, Flairsoft may terminate this EULA and the
whole agreement if you fail to comply with the terms and conditions of this EULA,
or any other points of this agreement. In such event, you must destroy and remove
all copies (server and clients) of Flairdocs and all of its components parts.
SOFTWARE ERRORS
Software errors shall be remedied by providing a correction release of Flairdocs
or by circumventing the error. You should supply Flairsoft with all necessary information
and documentation related to this error in order to rectify it.
ENTIRE AGREEMENT AND SEVERABILITY
This Agreement represents the complete and exclusive understanding between your
and Flairsoft regarding the Product and your service plan and supersedes any prior
purchase order, confirmation, advertising, representation, or other communication.
This Agreement may not be modified except by a written agreement signed by you and
an authorized Flairsoft representative. If any provision of this Agreement is found
to be void, invalid, or unenforceable, it shall be severed from and shall not affect
the remainder of this Agreement, which shall remain valid and enforceable. Any such
severed provision shall be replaced with a similar provision which conforms to applicable
law and embodies as closely as possible the original intent of the parties.