|
Sales Agreement: Revised 7/27/2008 applys to past customers under copyright protection ©2003-2008
Fpath Community Software Is Windows XP Based!
You agree to a ! NO Refund Policy ! This means after you have used PayPal to pay for this product Fpath Community Software- v7.1,Source Code License : You agree that you will not ask PayPal to force support@fpath.com to refund money after buying the software. The reason being once you get the software it can be copied and not returned to the seller properly so you have the product and we don’t get paid. Once you have paid for this product you will be required to supply fpath.com with a correct shipping address to receive the product by registered mail and this will confirm you received the Fpath Community Software.
End-User License Agreement ("EULA")
CUSTOMER LICENSE AGREEMENT FOR FPATH COMMUNITY SOFTWARE & SOURCE CODE LICENCE:
IMPORTANT-READ CAREFULLY: This FPATH COMMUNITY SOFTWARE End-User License Agreement ("EULA") is a legal agreement between you (either an individual, business or a single entity) and FPATH COMMUNITY SOFTWARE for the FPATH COMMUNITY SOFTWARE identified above, which includes computer software and may include associated media, printed materials, additional computer software applications, and "online" or electronic documentation ("SOFTWARE"). By downloading, installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE.
Source Code LICENSE:
Fpath will now offer source code to customers as a License to add or remove features to the software that customer acquired with a fpath License. This License can not be transferred! shared or used for work done for other customers or piracy. customer is responsible for the source code they acquire from Fpath and will be held liable. If for any reason Fpath can confirm or believe the customer is using the source for hacking scripts & mischief the license will be terminated immediately! and reported to law enforcement. Fpath will not be responsible for damaged code ,lost code or programmer's who do not understand the Source Code Language
All customers who license the source agree to a non discloser agreement that means you can only talk about the source code to your employee "programmer and the employee must agree to only talk to the customer about the source code as well.
ALL SALES ARE FINAL.
Client & Server Software LICENSE
Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the SOFTWARE. The SOFTWARE is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following rights:
a. SOFTWARE. Except as otherwise provided herein, you, as an individual, may install and use copies of the SOFTWARE on an unlimited number of computers, including workstations, terminals or other digital electronic devices ("COMPUTERS"), provided that you are the only individual using the SOFTWARE. If you are an entity, you may designate one individual within your organization to have the right to use the SOFTWARE in the manner provided above. The SOFTWARE is in "use" on a COMPUTER/SERVER when it is loaded into temporary memory (i.e.. RAM) or installed into permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that COMPUTER.b. Client/Server Software. The SOFTWARE may contain one or more components, which consist of both of the following types of software: "Server Software" that is installed and provides services on a COMPUTER/SERVER acting as a server ("Server"); and "Client Software" that allows a COMPUTER to access or utilize the services provided by the Server Software. If the component of the SOFTWARE consists of both Server Software and Client Software, which are used together, you may also install and use copies of such Client Software on COMPUTERS within your organization and which are connected to your internal network.
More than one individual may use such COMPUTERS running this Client Software.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
a. Limitations on Reverse Engineering, Decompilation, and Disassembly: You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that applicable law notwithstanding this limitation expressly permits such activity.
b. Rental. You may not rent, lease, or lend the SOFTWARE.
c. Support Services. FPATH COMMUNITY SOFTWARE does provide you with support services related to the SOFTWARE ("Support Services"), use of such Support Services is governed by the FPATH COMMUNITY SOFTWARE policies and programs described in the user manual, in "online" documentation, and/or in other FPATH COMMUNITY SOFTWARE-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE and subject to the terms and conditions of this EULA. With respect to technical information you provide to FPATH COMMUNITY SOFTWARE as part of the Support Services, FPATH COMMUNITY SOFTWARE may use such information for its business purposes, including for product support and development. FPATH COMMUNITY SOFTWARE will not utilize such technical information in a form that personally identifies you. Fpath can choose to terminate support with any customer at any time or any reason! Reasons for support termination would be in the event of: Slander of Fpath /Attacking Fpath or any support Techs, suspicion of pirating the software ,attacking or harassment of any kind toward Fpath and its Customers. Fpath Customers must leave the Fpath user Name & Password on the database as an admin for future support issues. If you delete the name you give up rights for any support from fpath.com and future updates.
d. Software Transfer. You may permanently transfer of all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this EULA. If the SOFTWARE is an upgrade, any transfer must include all prior versions of the SOFTWARE. You must provide a notarized letter with both signatures showing that the owner of the lease has indeed transferred to the new owner without possession of the software after transfer.
e. Termination: Without prejudice to any other rights, FPATH COMMUNITY SOFTWARE may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE and all of its component parts.Fpath can choose to terminate support with any customer at any time or any reason! Reasons for support termination would be in the event of: Slander of Fpath /Attacking Fpath or any support Techs, suspicion of pirating the software ,attacking or harassment of any kind toward Fpath and its Customers.
3. UPGRADES: If the SOFTWARE is labeled as an upgrade, you must be properly licensed to use a product identified by FPATH COMMUNITY SOFTWARE as being eligible for the upgrade in order to use the SOFTWARE. SOFTWARE labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE may be used and transferred only as part of that single product package and may not be separated for use on more than one computer. Fpath Customers can donate any amount of money to fpath toward a new feature add-on all customers that donate money agree that all money is donation and you will not ask for a refund! This means if you donate any amount of money toward a new add-on, feature or version of Fpath you will receive the new add-on ,feature and version and will not own it! You will be able to use the new features and all other Fpath customers that pay for the upgrade will have access to the features and the donor will not be owed and own nothing. Fpath Community Software aka Fpath.com all rights reserved copyright 2003-2006
4. INTELLECTUAL PROPERTY RIGHTS: All title and intellectual property rights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text and "applets" incorporated into the SOFTWARE), and any copies you are permitted to make herein are owned by FPATH COMMUNITY SOFTWARE or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. If this SOFTWARE contains documentation which is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the SOFTWARE.
5. U.S. GOVERNMENT LICENSE RIGHTS. SOFTWARE provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. SOFTWARE provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
6. EXPORT RESTRICTIONS: You agree that you will not export or re-export the SOFTWARE (or portions thereof) to any country, person or entity subject to U.S. export restrictions. You specifically agree not to export or re-export the SOFTWARE (or portions thereof): (i) to any country subject to a U.S. embargo or trade restriction; (ii) to any person or entity who you know or have reason to know will utilize the SOFTWARE (or portion thereof) in the production of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been denied export privileges by the U.S. government.
7. DISCLAIMER OF WARRANTIES: To the maximum extent permitted by applicable law, FPATH COMMUNITY SOFTWARE and its suppliers provide the SOFTWARE and any (if any) Support Services AS IS AND WITH ALL FAULTS, and hereby disclaim all warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to the SOFTWARE, and the provision of or failure to provide Support Services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND SUPPORT SERVICES, IF ANY, REMAINS WITH YOU.
8. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FPATH COMMUNITY SOFTWARE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF FPATH COMMUNITY SOFTWARE OR ANY SUPPLIER, AND EVEN IF FPATH COMMUNITY SOFTWARE OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of FPATH COMMUNITY SOFTWARE and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the SOFTWARE or U.S.$5.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
10. APPLICABLE LAW. If you acquired this SOFTWARE in the United States, the laws of the State of Tennessee govern this EULA. If this SOFTWARE was acquired outside the United States, then local law may apply.
11. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the SOFTWARE) is the entire agreement between you and FPATH COMMUNITY SOFTWARE relating to the SOFTWARE and the Support Services (if any) and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the SOFTWARE or any other subject matter covered by this EULA. To the extent the terms of any FPATH COMMUNITY SOFTWARE policies or programs for Support Services conflict with the terms of this EULA, the terms of this EULA shall control.
12. RECREATION OF THE SOFTWARE PACKAGE or Name Change Fpath reserves the right to keep customers regulated by being the only source of skin change, logo change , NAME change and user limit change. Customers will be charged a $50.00 fee for logo and skin change that requires also a new exe. NAME CHANGE "Name of the chat system" Customers will be charged for a brand new package with same user limit. Customers that have been given a discount the price they paid will be the same for the new Name Change package. This was created to keep the software from being pirated.
13. QUESTIONS? Should you have any questions concerning this EULA, or if you desire to contact FPATH COMMUNITY SOFTWARE for any reason, please contact the FPATH COMMUNITY SOFTWARE subsidiary serving your country, or write support@fpath.com .
|