Freeware Licence Agreement
This licence agreement only applies to the free version of this software.
Terms and Conditions
BY DOWNLOADING, INSTALLING, USING, TRANSMITTING, DISTRIBUTING OR COPYING
THIS SOFTWARE ("THE SOFTWARE"), YOU AGREE TO THE TERMS OF THIS AGREEMENT
(INCLUDING THE SOFTWARE LICENCE AND DISCLAIMER OF WARRANTY) WITH TIMEFLASK
THE OWNER OF ALL RIGHTS IN RESPECT OF THE SOFTWARE.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THE SOFTWARE.
IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS LICENCE THEN DO NOT DOWNLOAD,
INSTALL, USE, TRANSMIT, DISTRIBUTE OR COPY THE SOFTWARE.
THIS DOCUMENT CONSTITUTES A LICENCE TO USE THE SOFTWARE ON
THE TERMS AND CONDITIONS APPEARING BELOW.
The Software is licensed to you without charge for use only upon the terms
of this licence, and TimeFlask reserves all rights not expressly granted to you.
TimeFlask retains ownership of all copies of the Software.
1. Licence
You may use the Software without charge.
You may distribute exact copies of the Software to anyone.
2. Restrictions
TimeFlask reserves the right to revoke the above distribution right at any time,
for any or no reason.
YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, SELL,
REQUEST DONATIONS OR CREATE DERIVATE WORKS BASED UPON THE SOFTWARE
OR ANY PART THEREOF.
The Software contains trade secrets and to protect them you may not decompile,
reverse engineer, disassemble or otherwise reduce the Software to a humanly
perceivable form. You agree not to divulge, directly or indirectly,
until such trade secrets cease to be confidential, for any reason
not your own fault.
3. Termination
This licence is effective until terminated. The Licence will terminate
automatically without notice from TimeFlask if you fail to comply with any
provision of this Licence. Upon termination you must destroy the Software
and all copies thereof. You may terminate this Licence at any time by destroying
the Software and all copies thereof. Upon termination of this licence for any
reason you shall continue to be bound by the provisions of Section 2 above.
Termination will be without prejudice to any rights TimeFlask may have
as a result of this agreement.
4. Disclaimer of Warranty, Limitation of Remedies
TO THE FULL EXTENT PERMITTED BY LAW, TIMEFLASK HEREBY EXCLUDES ALL CONDITIONS
AND WARRANTIES, WHETHER IMPOSED BY STATUTE OR BY OPERATION OF LAW OR OTHERWISE,
NOT EXPRESSLY SET OUT HEREIN. THE SOFTWARE, AND ALL ACCOMPANYING FILES,
DATA AND MATERIALS ARE DISTRIBUTED "AS IS" AND WITH NO WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED. TIMEFLASK DOES NOT WARRANT, GUARANTEE OR MAKE ANY
REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE
WITH RESPECT TO ITS CORRECTNESS, ACCURACY, RELIABILITY,
CURRENTNESS OR OTHERWISE.
THE ENTIRE RISK OF USING THE SOFTWARE IS ASSUMED BY YOU.
TIMEFLASK MAKES NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING,
WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TIMEFLASK, IT'S DISTRIBUTORS,
AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY,
AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
IMPORTANT NOTE: Nothing in this Agreement is intended or shall be construed as
excluding or modifying any statutory rights, warranties or conditions which by
virtue of any national or state Fair Trading, Trade Practices or other such
consumer legislation may not be modified or excluded.
If permitted by such legislation, however, TimeFlask' liability for any breach
of any such warranty or condition shall be and is hereby limited to the supply
of the Software licensed hereunder again as TimeFlask at its sole discretion
may determine to be necessary to correct the said breach.
IN NO EVENT SHALL TIMEFLASK BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, AND THE LOSS OF
BUSINESS INFORMATION OR COMPUTER PROGRAMS), EVEN IF TIMEFLASK OR ANY TIMEFLASK
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION,
IN NO EVENT DOES TIMEFLASK AUTHORISE YOU TO USE THE SOFTWARE IN SITUATIONS WHERE
FAILURE OF THE SOFTWARE TO PERFORM CAN REASONABLY BE EXPECTED TO RESULT
IN A PHYSICAL INJURY, OR IN LOSS OF LIFE. ANY SUCH USE BY YOU IS ENTIRELY
AT YOUR OWN RISK, AND YOU AGREE TO HOLD TIMEFLASK HARMLESS FROM ANY CLAIMS OR
LOSSES RELATING TO SUCH UNAUTHORISED USE.
5. General
All rights of any kind in the Software which are not expressly granted in this
Agreement are entirely and exclusively reserved to and by TimeFlask.
This Agreement shall be governed by the laws of the USA.
Exclusive jurisdiction and venue for all matters relating to this
Agreement shall be in courts and fora located in the State of USA,
and you consent to such jurisdiction and venue.
This agreement contains the entire Agreement between the parties hereto with
respect to the subject matter hereof, and supersedes all prior agreements
and/or understandings (oral or written). Failure or delay by TimeFlask in
enforcing any right or provision hereof shall not be deemed a waiver of such
provision or right with respect to the instant or any subsequent breach.
If any provision of this Agreement shall be held by a court of competent
jurisdiction to be contrary to law, that provision will be enforced to the
maximum extent permissible, and the remaining provisions of this
Agreement will remain in force and effect.