Individual End User License Agreement for Flying Logic
THIS IS A LEGAL AGREEMENT between you (either an individual or an entity) and Arciem LLC (“Arciem”). By using this software, you are agreeing to be bound by the terms and conditions of this License Agreement. If you do not agree to the terms and conditions of this License Agreement, do not use this software and destroy all copies in your possession.
1. Grant of Limited License.
Arciem grants to you the non-exclusive, non-transferable right to use the Arciem software program, Flying Logic (the “Software”).
The Software is owned by Arciem (and other parties) and is protected by United States copyright laws and by international treaty provisions. You should therefore treat the Software like any other copyrighted material (such as for example, books or musical recordings). Among other things, copyright laws prohibit you from making derivative works of the Software. You may, however, make copies of the Software, provided that you do not copy the Registration Key (see Section 3(a) below).
3. Other Restrictions.
(a) You may use the full functionality of the Software by subscribing for a set period of time at flyinglogic.com. The Registration Key you will receive unlocks the Software’s full functionality, and grants you legal right to use that functionality ONLY during the time your subscription is active. You may make a copy of the Registration Key for backup purposes, but you may not disseminate the Registration Key to others. Each Registration Key you purchase grants you the non-exclusive right to use the Software’s full functionality on ONE computer at a time. If you have a home machine and a work machine, you can install it on both computers, as long as they are NOT in use concurrently. A single Registration Key may NOT be shared among members or employees without an enterprise licensing agreement.
(b) You may modify, reverse-engineer, decompile, or disassemble the Software. However, you may not do so for the purpose of disabling or otherwise circumventing the Registration Key system or any of the restrictions it places upon the functionality of the Software, or for the purpose of circumventing any of the terms of this License Agreement or any other provision of law.
(c) You may not claim that the Software is yours, and you may not use the name Arciem or any other parties involved in the development or publication of the Software to endorse or promote products derived from the Software without prior written permission.
(d) You must use the Software at all times in a manner that is consistent with the software licenses granted to you by other companies that have provided software for your computer. For example, a version of Flying Logic is designed to be used with the Mac OS X operating system, and so you may not use Flying Logic in a manner inconsistent with the Mac OS X license agreement between you and Apple Computer, Inc.
4. Disclaimer of Warranties and Limitation of Liability.
THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. ARCIEM FURTHER DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT ARCIEM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
IN NO EVENT SHALL ARCIEM OR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION, MARKETING, DISTRIBUTION, OR DELIVERY OF THE SOFTWARE, BE LIABLE FOR ANY DAMAGES WHATSOEVER; INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, FOR BUSINESS INTERRUPTION, FOR LOSS OF BUSINESS INFORMATION, OR FOR OTHER MONETARY LOSS, ARISING OUT OF THE USE OF THE SOFTWARE OR THE INABILITY TO USE THE SOFTWARE, EVEN IF YOU HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL ARCIEM BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES WHATSOEVER, WHETHER IN A CONTRACT ACTION, NEGLIGENCE OR OTHER TORT ACTION, OR OTHER CLAIM OR ACTION, ARISING OUT OF, OR IN CONNECTION WITH, THE USE OR PERFORMANCE OF THE SOFTWARE OR DOCUMENTS AND OTHER INFORMATION PROVIDED TO YOU BY ARCIEM, OR IN THE PROVISION OF, OR FAILURE TO PROVIDE, SERVICES OR INFORMATION.
Because some states of the United States and some countries do not allow the exclusion or limitation of the liability for consequential or incidental damages, the above disclaimer may not apply to you. Any warranties that by law survive the foregoing disclaimers shall terminate ninety (90) days from the date you downloaded or otherwise received the Software.
5. Your Warranty to Arciem.
You warrant that all individuals having access to the Software will observe and perform all the terms and conditions of this License Agreement. You shall, at your own expense, promptly enforce the restrictions in this License Agreement against any person who gains access to your copy of the Software (i.e. the copy you download or otherwise received or any other copy you have made from that copy) and/or rightfully purchased Registration Key(s) with your permission or while your employee and who violates such restrictions, by instituting and diligently pursuing all legal and equitable remedies against him or her. You agree to immediately notify Arciem in writing of any misuse, misappropriation or unauthorized disclosure, display or copying of the Software and/or Registration Key(s) that may come to your attention.
6. Terms of Service.
When you download the Software or use the Software’s built-in feature to check for software updates, Arciem servers will automatically log certain non-personal information from your computer, information such as your IP address. If you desire to purchase a Registration Key, we or our designated payment collection representatives require that you provide certain billing information that is personal to you (“Personal Information”). That Personal information includes your name, address and credit card number and may also include other information such as your e-mail address. If we collect the Personal Information, after we have received payment from your credit card company, we save only the last five digits of your credit card for identification purposes. Our designated payment collection representatives may have different policies on what Personal Information they save and under what conditions, and you agree to understand and agree to their policies before making your purchase.
To the extent Arciem may access Personal Information, Arciem will not transmit Personal Information voluntarily to any third party without your express consent. Your Personal Information remains in your full control.
Arciem may, on occasion, use your IP address to help diagnose problems with our server and to administer its website. Arciem may provide aggregate statistics about our customers, traffic patterns, and related site information to reputable third-party vendors. In this process, the information that Arciem collects remains anonymous to third parties. Arciem may derive general information from your Personal Information and web usage. Arciem will not voluntarily disclose, sell or trade your Personal Information to any third party without your consent.
7. Export Control Laws.
You agree to comply with all laws, rules and regulations applicable to the export of the Software. Specifically, you shall not export, re-export or transship the Software, or the direct product thereof, in violation of any United States laws and regulations which may from time to time be applicable. None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into, or to a national or resident of, any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Order. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
8. Injunctive Relief.
Because of the unique nature of the Software, you understand and agree that Arciem will suffer irreparable injury in the event you fail to comply with any of the terms of paragraph 3 of this License Agreement and that monetary damages may be inadequate to compensate Arciem for such breach. Accordingly, you agree that Arciem will, in addition to any other remedies available to it at law or in equity, be entitled to injunctive relief, without posting a bond, to enforce the terms of this Agreement.
You may terminate this Agreement at any time. Arciem may immediately terminate this License Agreement if you breach any representation, warranty, agreement or obligation contained or referred to in this License Agreement. Upon termination, you must dispose of the Software and all copies or versions of the Software by destroying the Software. The provisions of Sections 3, 4, 5, 6, 7, 8 and 10 of this License Agreement shall survive termination of this Agreement.
If any litigation is brought to enforce this License Agreement, or arises out of this License Agreement, the prevailing party shall be awarded its reasonable attorneys’ fees together with expenses and costs incurred in such litigation. This Agreement shall be governed by the laws of the State of California, but not including the 1980 United Nations Convention on Contracts for International Sale of Goods. Venue for any action under this Agreement shall be in Los Angeles, California. You consent to the personal jurisdiction of the courts of such venue. This License Agreement is the complete agreement between Arciem and you and supersedes all prior agreements, oral or written, with respect to the subject matter hereof.
11. U.S. Government Restricted Rights.
The Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at 48 CFR § 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software — Restricted Rights 48 CFR § 52.227-19, as applicable. Manufacturer is Arciem LLC, 3916 N. Potsdam Ave. #5221 Sioux Falls SD 57104.
If the Commercial Computer Software Restricted Rights clause at 48 CFR § 52.227-19 or its successors apply, the Software constitutes restricted computer software as defined in that clause and the Government shall not have the license for published software set forth in subparagraph (c)(3) of that clause.
The Software (i) was developed at private expense, and no part of it was developed with governmental funds; (ii) is a trade secret of Arciem for all purposes of the Freedom of Information Act; (iii) is “restricted computer software” subject to limited utilization as provided in the contract between the vendor and the governmental entity; and (iv) in all respects is proprietary data belonging solely to Arciem and other private parties involved in its development.
COPYRIGHT NOTICE. Copyright © 2006-2021 Arciem LLC, 3916 N. Potsdam Ave. #5221 Sioux Falls SD 57104. All rights reserved. Any rights not expressly granted in this License Agreement are reserved.
TRADEMARKS. “Arciem” and “Flying Logic” are either trademarks or registered trademarks of Arciem.