Freeware License Agreement
This license agreement applies to software distributed under this license and created by Flynk Pty Ltd.
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 LICENSE AND DISCLAIMER OF WARRANTY) WITH FLYNK PTY LTD 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 LICENSE THEN DO NOT DOWNLOAD, INSTALL, USE, TRANSMIT, DISTRIBUTE OR COPY THE SOFTWARE.
THIS DOCUMENT CONSTITUTES A LICENSE 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 Flynk Pty Ltd reserves all rights not expressly granted to you. Flynk Pty Ltd retains ownership of all copies of the Software.
You may use the Software without charge.
You may distribute exact copies of the Software to anyone.
Flynk Pty Ltd 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, ONSELL, REQUEST DONATIONS OR CREATE DERIVATIVE 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.
If you come into possession of the code for this software you may not distribute it in any form, regardless of any modifications.
This licence is effective until terminated. The License will terminate automatically without notice from Flynk Pty Ltd if you fail to comply with any provision of this License. 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 license for any reason you shall continue to be bound by the provisions of Section 2 above. Termination will be without prejudice to any rights Flynk Pty Ltd may have as a result of this agreement.
4. Disclaimer of Warranty, Limitation of Remedies
TO THE FULL EXTENT PERMITTED BY LAW, FLYNK PTY LTD 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. FLYNK PTY LTD 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. FLYNK PTY LTD 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 FLYNK PTY LTD, 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, Flynk Pty Ltd’s 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 Flynk Pty Ltd at its sole discretion may determine to be necessary to correct the said breach.
IN NO EVENT SHALL FLYNK PTY LTD 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 FLYNK PTY LTD OR ANY FLYNK PTY LTD REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, IN NO EVENT DOES FLYNK PTY LTD AUTHORIZE 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 FLYNK PTY LTD HARMLESS FROM ANY CLAIMS OR LOSSES RELATING TO SUCH UNAUTHORIZED USE.
All rights of any kind in the Software which are not expressly granted in this Agreement are entirely and exclusively reserved to and by Flynk Pty Ltd.
This Agreement shall be governed by Australian law. Exclusive jurisdiction and venue for all matters relating to this Agreement shall be in courts and fora located in the State of New South Wales, Australia, and you consent to such jurisdiction and venue. Unless Flynk Pty Ltd has entered into a written commercial agreement you, 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 Flynk Pty Ltd 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.