TIMELINE THUMBNAILS PLUGIN FOR FLOPLAYER LICENSE version 1.0 ========================================== Copyright (c) 2013 Easy Bits Limited, all rights reserved http://easy-bits.com Please read this License carefully before using, downloading or installing the Software (TIMELINE THUMBNAILS PLUGIN FOR FLOPLAYER, as defined below). By using, downloading or installing the Software, Licensee is agreeing to be bound by this License and the licenses granted hereunder are subject to compliance with any and all terms of this License. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE, DO NOT USE, DOWNLOAD, INSTALL OR DISTRIBUTE ANY OF THE SOFTWARE. Terms and definitions ===================== "Software" means the TIMELINE THUMBNAILS PLUGIN FOR FLOPLAYER software "Adaptation" means a derivative work based upon the Software resulting from any addition to, editing of or deletion from the substance or structure of the original source code or a compiled version of the Software or any previous Adaptations or a work that programmatically interacts with the Software. "License" means this document. "Licensor" means Easy Bits Limited. "License Key" means an alphanumeric key that is used to activate the Sofware. The License Key is provided by Licensor. "Licensee" means an individual or entity exercising rights under and complying with the terms of this License who has not previously violated the terms of this License with respect to the Software, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation. License Grant ============= Licensor hereby grants the Licensee a non-exclusive, non-transferable, non-assignable license, without the right to sublicense to: Access, display, integrate and use the Software. Licensee is not allowed to reverse-engineer, disassemble or make Adaptation of the Software. Licensee must buy License Key from Licensor for each internet domain name where the Software is used commercially. All rights not expressly granted by this Agreement are expressly reserved by Licensor. Applicability of License ======================== This License applies to the Software version purchased by the Licensee. Additional later versions released by the Licensor are not part of this License. Protection of Software =============================== Except as specifically set forth herein or as otherwise agreed to between Licensor and Licensee, Licensee shall not have the right to copy, relicense, sell, lease, transfer, encumber, assign or make available for public use the Software. Any attempt to take any such actions is void, and will automatically terminate your rights under this License. Licensee shall use its best efforts to ensure that no unauthorized copy of the Licensed Programs shall be made, in whole or in part, in any form. Licensee shall prohibit all users of the Software from modifying, reverse-engineering or disassembling any part of the Software. All rights not expressly granted by Licensor are hereby reserved. Support ======= No support is included with the Software. Support may be provided based on a separate agreement. Effective Date ============== The rights and licenses granted hereunder shall commence on the date any of the Software are electronically delivered to Licensee. Termination of the license ========================== This license is subject to termination by Licensor at any time if (a) Licensee violates any terms of this License, (b) Licensor has a reasonable basis to believe that Licensee's business is impairing Licensor's business. Ownership of Intellectual Property ================================== Licensor is the sole owner of all intellectual property rights pertaining to the Software. Licensor reserves all rights not expressly granted herein. NO WARRANTY =========== TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU "AS IS," WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. LICENSOR DISCLAIMS ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, ANY WARRANTIES OR CONDITIONS OF TITLE, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PROGRAM; THAT THE PROGRAM WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE PROGRAM WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR THAT ANY ERRORS IN THE PROGRAM WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY LICENSOR OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. LICENSEE IS SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING AND DISTRIBUTING THE SOFTWARE AND ASSUMES ALL RISKS ASSOCIATED WITH ITS EXERCISE OF RIGHTS UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE RISKS AND COSTS OF PROGRAM ERRORS, COMPLIANCE WITH APPLICABLE LAWS, DAMAGE TO OR LOSS OF DATA, PROGRAMS OR EQUIPMENT, SUITABILITY FOR HOSTING AND UNAVAILABILITY OR INTERRUPTION OF OPERATIONS. Limitation of Liability ======================= Except to the extent required by applicable law, THE CUMULATIVE, AGGREGATE LIABILITY OF LICENSOR TO LICENSEE FOR ALL CLAIMS RELATED TO THE LICENSED SOFTWARE AND THIS AGREEMENT, WILL NOT EXCEED THE TOTAL AMOUNT OF ALL LICENSE FEES PAID TO LICENSOR HEREUNDER. LICENSOR WILL NOT IN ANY CASE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES ARISING IN ANY WAY OUT OF THE USE OF THE PRODUCT, THE SERVICES OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFIT, LOST REVENUE, LOSS OF USE, LOSS OF DATA, COSTS OF RECREATING LOST DATA, THE COST OF ANY SUBSTITUTE EQUIPMENT, PROGRAM, OR DATA, OR CLAIMS BY ANY THIRD PARTY, INCLUDING WITH LIMITATION THIRD PARTY CLAIMS OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, INFRINGEMENT OF COPYRIGHT, TRADEMARK, PATENT, OR TRADE SECRETS. LICENSEE'S SOLE AND EXCLUSIVE REMEDY IS SET FORTH IN THIS AGREEMENT. THE LIMITATION ON DAMAGES SET FORTH IN SECTION WILL NOT APPLY TO INDEMNIFICATION OBLIGATIONS OR BREACHES BY LICENSEE. Indemnity ========= Licensee shall indemnify Licensor, its employees, officers, licensees and agents for all damages, costs and expenses, including, without limitation, attorneys' fees, arising from any claims arising as a result of Licensee's use of the Software. Export ====== Licensee agrees and certifies that it will not export or re-export, directly or indirectly, the Software contrary to the laws of the United States or any other country. Severability ============ If for any reason a court of competent jurisdiction finds any provision of this License or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this License shall continue in full force and effect. Governing Law ============= This License shall be governed by the laws of England. Waiver of Breach ================ No term or provision of this License shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by Licensor.