READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING
THE DESKTOP SOFTWARE UTILITY "WORLDFLASH GOLD" (THE PROGRAM). THE PROGRAM IS COPYRIGHTED
AND LICENSED (NOT SOLD). BY PRESSING THE "OK" BUTTON THAT APPEARS WHEN INSTALLING
THE SOFTWARE, YOU INDICATE YOUR
ACCEPTANCE TO THE TERMS AND CONDITIONS BELOW. THIS
LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE PROGRAM
BETWEEN YOU AND
WORLDFLASH SOFTWARE INC. (REFERRED TO AS "LICENSOR"), AND IT SUPERSEDES
ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.
1. License Grant. Licensor hereby grants to you, and you accept, a nonexclusive
nontransferable license to use the Program, in object
code form only, (the "Software") only as authorized in this
License Agreement (this "Agreement"). The Product is licensed for your
personal interactive use and the Product or any derivative or by-product
of the Product may not be used by, sub-licensed, re-sold, rented or
distributed to any other party. You agree that you will not
assign, sublicense, transfer, pledge, lease, rent, or share your rights under this
License Agreement. You agree that you may not reverse assemble,
reverse compile, or otherwise translate the Software. WorldFlash News
Ticker is specificially prohibited from use in public display areas, or for
broadcast and/or other non-interactive purposes. Except as authorized under
this paragraph, no copies of the Program or any portions thereof may be
made by you or any person under your authority or control.
1a. Trial Period. You agree that at the end of the free trial period, you must
uninstall the software from your computer via the standard windows uninstallation
procedure, or purchase a license that allows continued operation.
2. Licensor's Rights. You acknowledge and agree that the Software
and the Documentation are proprietary products of Licensor
protected under U.S. and international copyright, trademark, trade
secret and patent laws. You further acknowledge and agree that all
right, title, and interest in and to the Program, including associated
intellectual property rights, are and shall remain with Licensor. This
License Agreement does not convey to you an interest in or to the Program,
but only a limited right of use revocable in accordance with
the terms of this License Agreement. The provisions of the paragraph
shall survive termination of this Agreement.
3. Term. This License Agreement is effective upon your installation of this
Software and shall continue until the standardized "uninstall" procedure has
been invoked. You may terminate this License Agreement at any time.
Licensor may terminate this License Agreement at any time and without
notice upon the breach by you of any term hereof.
4. Limited Warranty. You agree that the foregoing constitutes
your sole and exclusive remedy for breach by Licensor of any warranties
made under this Agreement. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE,
THE PROGRAM, AND THE SOFTWARE
CONTAINED THEREIN, ARE LICENSED "AS IS," AND LICENSOR DISCLAIMS ANY
AND ALL OTHER WARRANTIES, WHETHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES
OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. Licensor shall have the right, but
not the obligation, to defend or settle at its option, any
action at law against You arising from a claim that your permitted
use of the Product and this Agreement infringes any patent, copyright or
other ownership rights of a third party. You agree to provide to
Licensor written notice of any such claim within ten (10) days of your
notice thereof and provide reasonable assistance in its defense.
Licensor has sole discretion and control over such defense, unless it
declines to defend or settle, in which case You are free to pursue
any alternative You may have.
5. Use of Data. In cases where the Program receives data through
the Internet and presents it to you directly, or after analysis of such
Data, THE DATA ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY, THE
DATA PROVIDER AND THE SOFTWARE
DISTRIBUTORS SHALL NOT BE LIABLE FOR ANY ERRORS OR DELAYS IN THE
CONTENT, OR FOR ANY ACTION TAKEN IN RELIANCE THEREON. In other words, please
use the information that you see in this Software at your own risk.
6. Limitation of Liability. Licensor's cumulative liability to you
or any other party for any loss or damages resulting from any claims,
demands, or actions arising out of or relating to this Agreement shall
not exceed the license fee paid by you to Licensor for the use of the
Program. In no event shall Licensor be liable for any indirect,
incidental, consequential, special, or exemplary damages or lost
even if Licensor has been advised of the possibility of such damages.
SOME STATES DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU.
7. Miscellaneous. This License Agreement shall be governed in
accordance with the laws of the State of California. The United Nations
Convention on Contract for the International Sale of Goods is expressly
excluded. Licensor may bring suit in any court of competent
jurisdiction to seek relief for any breach or any infringement by
You or any party for whom You are responsible. If any action is brought
by either party to this License Agreement against the other party, the
prevailing party shall be entitled to recover, in addition to any other
relief granted, reasonable attorney fees and expenses of litigation.
Should any term of this License Agreement be declared void or
unenforceable by any court of competent jurisdiction, such declaration
shall have no effect on the remaining terms hereof. The failure of
either party to enforce any rights granted hereunder or to take action
against the other party in the event of any breach hereunder shall not
be deemed a waiver by that party as to subsequent enforcement of rights
or subsequent actions in the event of future breaches.