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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
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