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Kuneri Flash Lite Generator License Agreement

PLEASE READ THIS AGREEMENT CAREFULLY.
This license agreement (“Agreement”) is a legal agreement between you, either an individual or, if purchased or otherwise acquired by or for an entity, an entity (“You”, or “Licensee”), and Kuneri Ltd. (“We”, “Us”, “Kuneri”) for Flash Lite Generator Software (“FLG”), which includes computer software, source code, individual plug-in components, graphics, documents and other elements specified in this Agreement, on Kuneri web sites, and/or other media FLG or Kuneri products and services are available.

By downloading FLG, completing serialization process, copying, or installing, accessing, or utilizing, using FLG, You agree to be bound by the terms of this Agreement. This Agreement is enforcable against you and any legal entity that obtained FLG and on whose behalf it is used. If you do not agree to the terms and conditions of this Agreement, do NOT use, utilize and/or install FLG.

1. OWNERSHIP

FLG is licensed, not sold. FLG is protected by the copyright laws of Finland and other countries, and by international treaty provisions and other intellectual property laws. Kuneri and/or third-party licensors shall retain ownership in and to FLG, the copies of FLG provided herewith and in and to all other intellectual property rights, including without limitation trademarks, trade names and patents. FLG is licensed to You for use subject to the terms set forth in this Agreement.

2. GRANT OF LICENSE

Subject to the payment of the required fee, this Agreement grants you the following rights:

You are granted a revocable, non-transferable and non-exclusive license for a single website location (URL) on a single server. In no case shall you rent, lease, lend, redistribute nor re-license FLG or any related source code to a 3rd party individual or entity. In no case shall you grant further redistribution rights for FLG to the end-users or 3rd party users of your solution.

3. OBLIGATIONS

You must ensure that the FLG is not reused in any way independently of your application(s).

4. PROHIBITED USES

You are not allowed to remove, obscure or interfere with any copyright or any other right.

Under no circumstances mat the source code or the compiled product be used as the basis for creating a product that contains the same, or substantially the same functionality as any Kuneri product.

5. TERMINATION

This Agreement and Your right to use the FLG will terminate immediately and without notice if You violate any term or any condition of this Agreement. Upon termination, You agree to immediately cease using the FLG.

Sections 4, 5, 6 and 7 will survive any termination of this License Agreement.

6. DISCLAIMER OF WARRANTIES

The FLG is provided to you without any warranty. We do not guarantee that the FLG is error-free and you acknowledge that it would not be technically practicable.

7. LIMITATION OF LIABILITIES

You expressly agree that Kuneri shall in no event be liable for any direct, indurect, special, incidential, consequential or exemplary damages arising out of the use or inability to use FLG, even if advised of the possibility of such damages In particular, and without limitation, Kuneri shall have no liability for any data stored or processed with or in connection with FLG, including the costs of recovering such data. Your only right or remedy with respect to any problems or dissatisfaction with FLG is to deinstall and cease use of FLG.

8. SUPPORT

Kuneri shall have no obligation to provide support or maintenance for KuneriLite under this Agreement.  However, Kuneri may, at its sole discretion, provide limited technical support, upgrades and updates for KuneriLite. All possible upgrades and updates are provided to You on a license exchange basis. Upgrades and updates may be licensed to you by Kuneri with additional or different terms.

9. GOVERNING LAW & DISPUTE RESOLUTION

This Agreement shall be governed by and shall be construed in accordance with the laws of Finland excluding its choice of law rules. All disputes relating to FLG and this Agreement shall be settled at District Court of Oulu, Finland having the sole jurisdiction.

10. GENERAL

Kuneri reserves the right to make any change to this agreement without any notice.

The services hereunder are offered by Kuneri Ltd. located at Pakkahuonenkatu 12 A, 90100, Oulu/Finland and email hello[a@t]kuneri.net.

© Kuneri – Last reviewed January 2009