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diff --git a/licenses/f.lux b/licenses/f.lux new file mode 100644 index 000000000000..1d4c6222751b --- /dev/null +++ b/licenses/f.lux @@ -0,0 +1,117 @@ +f.lux End User License Agreement + + BY CLICKING ON THE “ACCEPT” OR “DOWNLOAD” BUTTON, “YOU” (MEANING YOU + PERSONALLY AND NOT A COMPANY OR OTHER CORPORATE ENTITY) ARE CONSENTING TO + BE BOUND BY AND ARE BECOMING A PARTY TO THIS LICENSE AGREEMENT + (“AGREEMENT”). IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, + CLICK THE “CANCEL” BUTTON AND THE DOWNLOAD/INSTALLATION PROCESS WILL NOT + CONTINUE. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY + LIMITED TO THESE TERMS. + + GRANT. Subject to your full compliance with all the terms of this + Agreement, Flux Software LLC (“Company”) hereby grants you (and only you) + a limited, personal, non-sublicensable, non-transferable, royalty-free, + nonexclusive license to use internally the software that you are about to + download or install (“Software”) only in accordance with the Company + documentation that accompanies it. In addition to any compatible personal + devices, you may download and install the Software on any compatible work + device(s) provided that you (1) obtain all necessary permissions, consents + and waivers from your employer to do so, (2) assume all risks and + liabilities relating to the Software on such devices, and (3) require your + employer to release Company from any and all liability to Company relating + to the download, installation, or use of the Software. + + RESTRICTIONS. You may not (and agree not to, and not authorize or enable + others to), directly or indirectly: (a) copy, distribute, redistribute, + rent, lease, mirror, timeshare, operate a service bureau, or otherwise use + for the benefit of a third party, the Software; (b) disassemble, + decompile, attempt to discover the source code or structure, sequence and + organization of, or otherwise reverse engineer, the Software (except to + the extent applicable law prohibits restrictions on reverse engineering); + (c) remove any proprietary notices from the Software; or (d) bundle the + Software with any third party software, product or service. You understand + that Company may modify or discontinue offering the Software at any time. + For the avoidance of doubt, the foregoing restrictions apply to any + company or corporate entity (or its affiliates or agents acting on its + behalf) (each, an “Entity”) and no Entity shall download or install the + Software for the purposes of mirroring or distributing it to its employees + or otherwise. + + SUPPORT AND UPGRADES. This Agreement does not entitle you to any support, + upgrades, patches, enhancements, or fixes for the Software (collectively, + “Support”). The Software may automatically download and install updates + from time to time on the device(s) that you have downloaded and installed + the Software on. You agree to receive any such updates and any Support + and/or updates for the Software that may be made available by Company + shall become part of the Software and subject to this Agreement. The + Company reserves the right in its sole discretion to cease the support of + older versions of the Software. + + INDEMNITY. You shall indemnify and hold harmless Company from any claims, + damages, liabilities, costs and fees (including reasonable attorney fees) + arising from your use of the Software as well as from your failure to + comply with any term of this Agreement. + + WARRANTY DISCLAIMER. YOU AGREE THAT YOU ARE USING THE SOFTWARE SOLELY AT + YOUR OWN RISK. COMPANY PROVIDES THE SOFTWARE “AS IS” AND WITHOUT WARRANTY + OF ANY KIND, AND COMPANY FOR ITSELF AND ITS PUBLISHERS AND LICENSORS + HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT + LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR + PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT. YOU + ACKNOWLEDGE THAT COMPANY EXPRESSLY DISCLAIMS USE OF THE SOFTWARE FOR ANY + MEDICAL PURPOSE (INCLUDING, WITHOUT LIMITATION, THE DIAGNOSIS, + EXAMINATION, OR TREATMENT OF ANY MEDICAL CONDITIONS). COMPANY DISCLAIMS + ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SOFTWARE MADE BY YOU OR + ANY THIRD PARTY AND ANY SUCH REPRESENTATION OR WARRANTY IS NOT MADE ON + COMPANY’S BEHALF. Company disclaims any and all liability to you, your + employer, or any third party relating to the download, installation, or + use of the Software in violation of the foregoing. + + LIMITATION OF LIABILITY. COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE WITH + RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, + NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (A) FOR LOSS OR INACCURACY OF + DATA OR (EXCEPT FOR RETURN OF AMOUNTS, IF ANY, PAID TO COMPANY BY YOU + HEREUNDER) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR + TECHNOLOGY, OR (B) FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES + INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS. + COMPANY SHALL NOT BE RESPONSIBLE FOR ANY MATTER BEYOND ITS REASONABLE + CONTROL. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF COMPANY SHALL HAVE + BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW + THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE + ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. + + TERMINATION. You may terminate this Agreement and the license granted + herein at any time by destroying or removing from all computers, networks, + and storage media all copies of the Software. Company may terminate this + Agreement and the license granted herein immediately if you breach any + provision of this Agreement or at any time for any or no reason. Upon + receiving notice of termination from Company you will destroy or remove + from all computers, networks, and storage media all copies of the + Software. Sections 2 through 8 shall survive termination of this + Agreement. + + MISCELLANEOUS. You shall comply with all applicable export laws, + restrictions and regulations in connection with your use of the Software, + and will not export or re-export the Software in violation thereof. As + defined in FAR section 2.101, DFAR section 252.227-7014(a)(1) and DFAR + section 252.227-7014(a)(5) or otherwise, all Software and accompanying + documentation provided by Company are “commercial items,” “commercial + computer software” and/or “commercial computer software documentation.” + Consistent with DFAR section 227.7202 and FAR section 12.212, any use, + modification, reproduction, release, performance, display, disclosure or + distribution thereof by or for the U.S. Government shall be governed + solely by these terms and shall be prohibited except to the extent + expressly permitted by these terms. This Agreement is personal to you and + you shall not assign or transfer the Agreement or the Software to any + third party under any circumstances; Company may assign or transfer this + Agreement without consent. This Agreement represents the complete + agreement concerning this license between the parties and supersedes all + prior agreements and representations between them. It may be amended only + by a writing executed by both parties. If any provision of this Agreement + is held to be unenforceable for any reason, such provision shall be + reformed only to the extent necessary to make it enforceable. This + Agreement shall be governed by and construed under New York law without + regard to any conflicts of law provisions thereof. + + Email for further information: support@justgetflux.com + Copyright f.lux Software LLC 2008-2018 |