Firestorm Software License Agreement
Firestorm Software License Agrement
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE FIRESTORM COMPUTING SOFTWARE. BY USING THE FIRESTORM COMPUTING SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE FIRESTORM COMPUTING SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND. IF THE FIRESTORM COMPUTING SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK "DISAGREE/DECLINE".
IMPORTANT NOTE: This software may be used to reproduce materials. It is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorised or legally permitted to reproduce. If you are uncertain about your right to copy any material, you should seek legal advice.
1. General. The software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the "Firestorm Software") are licensed, not sold, to you by Firestorm Computing pty/ltd, ("Firestorm") for use only under the terms of this License, and Firestorm reserves all rights not expressly granted to you. The rights granted herein are limited to Firestorm’s and its licensors’ intellectual property rights in the Firestorm Software and do not include any other patents or intellectual property rights. You own the media on which the Firestorm Software is recorded but Firestorm and/or Firestorm’s licensor(s) retain ownership of the Firestorm Software itself. The terms of this License will govern any software upgrades provided by Firestorm that replace and/or supplement the original Firestorm Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Title and intellectual property rights in and to any content displayed by or accessed through the Firestorm Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you.
2. Permitted License Uses and Restrictions.
A. This License allows you to install and use one copy of the Firestorm Software on a single computer at a time. This License does not allow the Firestorm Software to exist on more than one computer at a time, and you may not make the Firestorm Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the Firestorm Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original.
B. Except as and only to the extent permitted in this License and by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Firestorm Software or any part thereof. THE FIRESTORM SOFTWARE IS NOT INTENDED FOR USE IN ANY SYSTEMS IN WHICH THE FAILURE OF THE FIRESTORM SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
3. Transfer. You may not rent, lease, lend, redistribute or sublicense the Firestorm Software. You may, however, make a one-time permanent transfer of all of your license rights to the Firestorm Software (in its original form as provided by Firestorm) to another party, provided that: (a) the transfer must include all of the Firestorm Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the Firestorm Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Firestorm Software reads and agrees to accept the terms and conditions of this License. All components of the Firestorm Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications.
Updates: If a Firestorm Software update completely replaces (full install) a previously licensed version of the Firestorm Software, you may not use both versions of the Firestorm Software at the same time nor may you transfer them separately.
NFR (Not for Resale) Copies: Notwithstanding other sections of this License, Firestorm Software labeled or otherwise provided to you on a promotional basis may only be used for demonstration, testing and evaluation purposes and may not be resold or transferred.
4. Consent to Use of Data. You agree that Firestorm and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Firestorm Software. Firestorm may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
5. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from Firestorm if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Firestorm Software and destroy all copies, full or partial, of the Firestorm Software.
6. Limited Warranty on Media. Firestorm warrants the media on which the Firestorm Software is recorded and delivered by Firestorm to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this Section shall be, at Firestorm’s option, a refund of the purchase price of the product containing the Firestorm Software or replacement of the Firestorm Software which is returned to Firestorm or a Firestorm authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION, PACKAGING OR OTHERWISE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
7. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE FIRESTORM SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FIRESTORM SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND FIRESTORM AND FIRESTORM’S LICENSORS (COLLECTIVELY REFERRED TO AS "FIRESTORM" FOR THE PURPOSES OF SECTIONS 7 and 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE FIRESTORM SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. FIRESTORM DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE FIRESTORM SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE FIRESTORM SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE FIRESTORM SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE FIRESTORM SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FIRESTORM OR A FIRESTORM AUTHORISED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE FIRESTORM SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. The Firestorm Software automatically references, displays, and links to sites and information located worldwide throughout the Internet. Because Firestorm has no control over such sites and information, Firestorm makes no guarantees as to such sites and information, including: (a) the accuracy, availability, currency, content, or quality of any such sites and information, or (b) whether a Firestorm search completed through the Firestorm Software may locate unintended or objectionable content. Because some of the content on the Internet consists of material that is adult-oriented or otherwise objectionable to some people or viewers under the age of 18, the results of any search or entering of a particular URL using the Firestorm Software may automatically and unintentionally generate links or references to objectionable material. By using the Firestorm Software, you acknowledge that Firestorm makes no representations or warranties with regard to the appropriateness of the content viewed through the Firestorm Software, whether on a pre-installed channel button or as a result of your search. Firestorm does not guarantee the sequence, accuracy, completeness or timeliness of the content displayed by or accessed through the Firestorm Software. Firestorm, its officers, affiliates and subsidiaries shall not, directly or indirectly, be liable, in any way, to you or any other person for the content you receive using the Firestorm Software or for any inaccuracies, errors in or omissions from the content. Financial information displayed by the Firestorm Software is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Firestorm Software, you should consult with a financial professional. Neither Firestorm nor any of its Content providers guarantees the accuracy, completeness, or timeliness of stock information appearing within the Firestorm Software. The Firestorm Software may be used to conduct automated translations. As automated translations are performed by software tools and do not involve any human intervention or verification, it is not advisable to rely upon such translations where absolute accuracy is required.
8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL FIRESTORM BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE FIRESTORM SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF FIRESTORM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Firestorm’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
9. Digital Certificates.
General. The Firestorm Software contains functionality that allows it to accept digital certificates either issued from Firestorm or from third parties. YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER OR NOT TO RELY ON A CERTIFICATE WHETHER ISSUED BY FIRESTORM OR A THIRD PARTY. YOUR USE OF DIGITAL CERTIFICATES IS AT YOUR SOLE RISK. FIRESTORM MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ACCURACY, SECURITY, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO DIGITAL CERTIFICATES. You agree that (a) you will not falsify or misuse any certificate; (b) you will use Digital Certificates for legal purposes only and in accordance with any applicable Certificate Policy, Certificate Practice Statement or other Certificate Authority business practice disclosures; (c) you are solely responsible for preventing any unauthorised user from making use of your Digital Certificates; and (d) you will revoke any certificate that you have reason to believe has been compromised. You agree to indemnify and hold Firestorm harmless from any and all liabilities, losses, actions, damages, or claims (including all reasonable expenses, costs, and attorneys’ fees) arising out of or relating to your use of, or reliance on, any Digital Certificate.
11. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of Victoria, Australia. You agree to submit to the jurisdiction of the Courts of the State of Victoria. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
12. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the Firestorm Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Firestorm. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.
13. Third Party Acknowledgements.
A. Portions of the Firestorm Software utilise or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the "online" electronic documentation for the Firestorm Software, and your use of such material is governed by their respective terms.