FMP256 FREE VERSION Instructions : License Agreement

This EULA defines the terms and conditions you are required to abide by when using the software supplied to you by Draftlight Networks. Failure to comply with this EULA may result in legal action being taken against you.

Summary of the License

This License covers your software, namely one FMP256 Flash Media Playhead. It covers all files supplied with your software, including fonts, source code, samples, graphics and documentation.

Under the terms of the License, you are allowed to:

Upload as many copies of the SWF document as you want to websites that you administer or edit, of any and all types, plus make and upload as many copies of the XML playlists and configuration files as you want.

You are not allowed to:

Upload any source code (FLA or AS) files to a website, peer-to-peer network or anything else that will mean the general public can access the file. It is entirely for your own use and you cannot distribute it to other people.
Upload supplied documentation or editable-format graphics to a website, peer-to-peer network or anything else that will mean the general public can access the file .
Sell the source code, documentation or supplied fonts to the public, even if you have made changes to them (providing files as part of a contract design project to a client is not considered sale).
reverse-engineer or decompile the software in order to extract source codes, techniques, graphics or other elements for your own use or for publication.

This License is granted despite the software being freely available. It assumes that you have directly downloaded the software from our website and not from any third-party, and any usage of the software constitutes agreement to abide by the terms of this Agreement.

Full text of the License

NOTICE: PLEASE READ THIS EULA CAREFULLY. BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE IN US LAW.

Definitions. "Software" means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to Draftlight or third party computer information or software;(b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by Draftlight (collectively, "Updates"). "Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation. "Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g. volume license) granted by Draftlight. "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. "Draftlight" means Draftlight Networks (US) and their authorised agents and representatives and the legal point of contact is solely via the website at http://www.draftlight.net.
Software License. As long as you comply with the terms of this End User License Agreement (the "Agreement"), Draftlight grants to you a non-exclusive license to Use the Software for the purposes described in the Documentation.
1. SWF File Use. You may upload the supplied SWF file (or any others that you may create using the source files) to an unlimited number of webservers or public networked systems provided that You are the owner, operator or designated administrator of said servers or networks and provided that the SWF files comply with the provisions of Section 2.3.
2. SWF Copyright Notices. You may not modify the SWF file in any way, including but not limited to removal, alteration or defacement of logos, copyright notices, links or trademarks.
Intellectual Property Rights. The Software and any copies that you are authorized by Draftlight to make are the intellectual property of and are owned by Draftlight and its suppliers. The structure, organization and code of the Software are the valuable trade assets and of Draftlight and its suppliers. The Software is protected by copyright, including without limitation by United States Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. You may not copy the Software, except as set forth in Section 2 ("Software License"). Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. In accepting this EULA you agree not to modify, adapt or translate the Software. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under applicable law when it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested Draftlight to provide the information necessary to achieve such operability and Draftlight has not made such information available. Draftlight has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any information supplied by Draftlight or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software. Requests for information should be directed to the Draftlight Customer Support Department. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademarks owners' names. Trademarks can only be used to identify printed output produced by the Software and such use of any trademark does not give you any rights of ownership in that trademark. Except as expressly stated above, this Agreement does not grant you any intellectual property rights in the Software.
Transfer. You may publish unlimited copies of the software for the sole purpose of delivering audio on a web page. No resale, commercial hire, publication or inclusion in compilation packages is permitted.
LIMITED WARRANTY. The Software and documentation is provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the Software is with you, and you assume the entire cost of all repairs, modifications, losses or remedies required or caused by Use of the Software. Draftlight does not warrant that the software will be error-free or that the function of the Software will meet your requirements.
DISCLAIMER. THE FOREGOING LIMITED WARRANTY STATES THE SOLE AND EXCLUSIVE REMEDIES FOR DRAFTLIGHT'S OR ITS SUPPLIER'S BREACH OF WARRANTY. DRAFTLIGHT AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, DRAFTLIGHT AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions of this section shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to Use the Software after termination of this Agreement.
LIMITATION OF LIABILITY. IN NO EVENT WILL DRAFTLIGHT OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A DRAFTLIGHT REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. DRAFTLIGHT'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this Agreement limits Draftlight's liability to you in the event of death or personal injury resulting from Draftlight's negligence or for the tort of deceit (fraud). Draftlight is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. For further information contact Draftlight's Customer Support Department.
Governing Law. This Agreement will be governed by and construed in accordance with the substantive laws in force in the United States. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
General Provisions. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by an authorized officer of Draftlight. Updates may be licensed to you by Draftlight with additional or different terms. This is the entire agreement between Draftlight and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.