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This End User License Agreement is current as of January 1, 2006 and supersedes any other agreement including any existing agreements on any FLASHTORQUE products.
BY USING ANY FLASHTORQUE PRODUCT ("Digital Media Files"), WHETHER VIA DOWNLOAD, ON CD ROM, DVD OR OTHER MEDIA, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, THE LICENSE GRANTED AND RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO YOUR EMPLOYER AS WELL AS TO YOU AS A REPRESENTATIVE OF YOUR EMPLOYER. SHOULD YOU CEASE WORKING FOR YOUR EMPLOYER, YOUR EMPLOYER MAY CONTINUE TO OPERATE UNDER THIS AGREEMENT.
Definitions
"Digital Media Files" are any images, flash animations, films, videos or other audio/visual representations recorded in any format that are owned or controlled by FLASHTORQUE.
Grant Of License
You are granted a limited 1 use, nonexclusive, personal and nontransferable Royalty Free license to use and modify the Digital Media Files, subject to the terms and conditions below
Single User License
The Digital Media Files may only be modified or used on one computer at any one time. You may not rent, lease, lend, sell or sublicense the Digital Media Files to another person, company or other entity. Anything you produce using the Digital Media Files must be for your own use, or for the use of your employer, client or customer, who must be the end-user of your work. This is not a concurrent use license. You may not resell flash templates or any FLASHTORQUE products as templates or in other form.
Restrictions on Products
The Digital Media Files and any derivative work thereof may not, in whole or in part, be used, sold, sublicensed, reproduced, distributed, displayed, incorporated into or otherwise made available as templates, standalone backgrounds, stock elements, effects imagery elements or downloadable files. Any distribution, resell, publishing of the source code of template (.fla) is strictly prohibited. All images and animations files used in the source code cannot be re-distributed separately in any other format. You may not sub-license, assign, or transfer this license to anyone else without prior written consent You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified.
Agreement
This is the entire agreement between the parties with regard to the subject matter hereof. It supersedes all prior or contemporaneous agreements, understandings, or representations with respect to the Digital Media Files. This Agreement may not be modified or amended except in a writing signed by both parties. Any preprinted terms on your purchase order shall be given no force or effect and no terms of a purchase order that conflict with this Agreement shall be binding on FLASHTORQUE.
Refunds
FLASHTORQUE sells non-tangible irrevocable goods we do not issue refunds once the order is accomplished and the product is delivered. As a customer you are responsible for understanding this upon purchasing any item at our site. Although Refunds are NOT offered, we do offer credit if found that the item downloaded contains critical errors. We do not offer refunds due to inability to use Flash software or the use of any of the products provided by FLASHTORQUE.COM. You are required to have flash experience to edit our products. Unauthorized refunds will be handled by a collection agency.
EULA: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual person or a single legal entity, who will be referred to in this EULA as "You") and the Licensor for the FLASHTORQUE technology that displays this EULA, including any associated media, printed materials and electronic documentation (the "Software"). The Software also includes any software updates, add-on components, web services and/or supplements that the Licensor may provide to You or make available to You after the date You obtain Your initial copy of the Software to the extent that such items are not accompanied by a separate license agreement or terms of use. By installing, copying, downloading, accessing 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, access or use the Software. For purposes of this EULA, the term "Licensor" refers to FLASHTORQUE, except in the event that You acquired the Software as a component of a FLASHTORQUE product originally licensed from the manufacturer of your computer system or computer system component, then "Licensor" or refers to such hardware manufacturer. By installing, copying, downloading, accessing 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, Licensor is unwilling to license the Software. In such event, You may not install, copy, download or otherwise use the Software.
Warranty
FLASHTORQUE.COM, its employees, directors, and officers, or anyone else associated with FLASHTORQUE.COM shall not be liable for any indirect, special, consequential, economic damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use, the Materials. FLASHTORQUE.COM, its employees, or related parties, will in no event be liable for any damages to exceed the amount paid by you for accessing or using FLASHTORQUE.COM, and for accessing, acquiring, and/or using Materials from FLASHTORQUE.COM
You agree to fully, indemnify, and hold harmless FLASHTORQUE.COM, its employees, directors, officers, and any other entity associated with FLASHTORQUE.COM, and each of its successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, expenses, including attorneys' fees and expenses, arising in connection with Your use of the Materials and this website or of any breach or alleged breach of any representation, warranty , or other promise made by You in this Agreement.
You acknowledge that this agreement expresses the parties entire understanding and agreement, and that there have been no warranties, representations, covenants, or understandings made by either party to the other except as expressly set forth in this agreement. FLASHTORQUE.COM reserves the right to modify or terminate these Terms of Use without notice, and You agree to be bound by any such modified or terminated Terms of Use.
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