ƒrequency End User License Agreement (EULA) (10191) --------------------------------------------------- Latest Version: http://fieula.com Terms ----- The corporation means ƒrequency, Incorporated, US State of California #C3007558, and all its divisions. The website means the corporation's website/s, including all HTTP and FTP data sent on request of the website's URL/I/s, including all domains and all caches, saves and representations of the domains. The product means the corporation property, see below, licensed to the users, including the software, including webservice accessed software, and the hardware, and including all associated images, videos, sounds and jingles, texts, and all additional packaged content, the data, the website, all communications and any associated services. The property means the Intellectual Property and physical property of the corporation, including the products, and the communication system. The intellectual property means the Intellectual Property of the corporation. The license means the current corporation End User License Agreement (EULA), this document. The communication system means the corporation internet system, including HTTP and FTP servers, the corporation email addresses received by the corporation email system, telecommunication numbers received by the corporation telecommunications system, webform message received at the Support section of the website, IM address received by the corporation IM connection/s, postal and hand delivered mail received by the corporation at the corporation mailing address/es. The user/s means all lifeforms &/ entities, and code, including customers, that accesses the products and/or property, including the software, hardware, website, corporation communication system, any corporation content. A purchase means a successful, non-fraudulent, monetary transaction of an amount equal to or greater than the price of the product at the time of transaction. The unlock code means the relevant corporation provided exclusive unlock code associated with purchase. All included examples are non-limiting. Agreement --------- 1. The products are licensed to the user. Use is agreement to be bound to the license. The intellectual property remains the property of the corporation at all times. 2. All Licenses: The users warrant that they have the legal capacity to enter into this agreement. Licenses are non-exclusive unless otherwise explicitly stated. Website License: The website license is implicit and non-expiring. Trial Software License: The corporation grants each user one license only to run the software. The trial software license is valid for thirty (30) days of usage from the day of installation. The trial software license is for the purpose of evaluation for subscription or if relevant instead, data purchase, or promotion or published review only. The trial software license is valid for all updates and upgrades. The trial software license may enable the software with limitations that are not present in the full software license, these will be stated clearly in the documentation. Full Software Licenses: i) Single User and Single Device Subscription License: The corporation grants the named user with the stated email a non-expiring while subscription is maintained license valid for all updates and upgrades, to enable unrestricted use of the software on a single computing device only. Subscription licenses are monitored and are only billed if used that month. ii) Single User and Single Device Data Purchase License: The corporation grants the named user with the stated email a non-expiring license valid for all updates and upgrades, to enable unrestricted use of the software on a single computing device only. Example Full Software License Use: One user running the software on three computers, purchases three licenses, Household of two users running the software on one computer, purchases two licenses. Full Hardware License: Single User Subscription License: The corporation grants the named user with the stated email a non-expiring while subscription is maintained license valid for all firmware updates and upgrades, to enable unrestricted use of the hardware computing device. 3. The product includes subscription Intellectual Property contained within computing software &/or hardware. Subscription purchase receives an unlock code valid whilst subscription is maintained. The unlock code is provided under the relevant full license. The unlock code unlocks the product removing all limitations. 4. A full refund will be issued only if requested by the user within 14 (fourteen) days of purchase. 5. Unlock codes and all copies stored in files, registry keys & values and all representations including hard copies, magnetic, optically and solid- state stored remain the property of the corporation at all times. 6. The corporation reserves the right of access to corporation property, including the products, and the communication system. 7. A cookie is stored on the users computer when visiting the website. This standard practise is to identify the user on return visits. 8. Corporation property may not be sold or leased, including the products. 9. The corporation associate system may be used to gain from the selling of the corporation property. 10. Abusers of this license will be prosecuted to the maximum extent permissable by law, reported to multiversal law enforcement agengies, Internet Service Providers, Internet Hosting Providers, Internet Communication Providers and/or any other relevant authorities as deemed fit by the corporation, have their license/s revoked, and be blacklisted by the corporation. 11. All products are distributed in signed packages. The corporation certificate has been countersigned by Verisign, Inc, a top level certification authority, and an industry recognized leading security and authentication business. The corporation strongly recommends against using a software product claiming to be from the corporation unless the signature is valid. 12. The products have been tested for functionality, malware including spyware and compatibility, and use is at the user's own risk. See points 2: Trial Software License, and point 4. 13. All communications where applicable are scanned for malware prior to leaving the corporation and reception is at the user's own risk. 14. The corporation assumes no liability for any action other than the programmed, and/or stated action, on running of the product. Including to the computer running the software, nor any networked computers, connected peripherals, nor other physical or virtual object &/ entity, including data, and lifeforms. See points 11 and 12. The products have been tested and confirmed free from spyware by C|Net Download.com, and use is at the user's own risk. 15. The corporation assumes no liability for any physical nor mental disease, including stress and strain, associated with using the product. The corporation recommends taking a break from using a computer at least once per hour, and use is at the user's own risk. Any screen flashes are not recommended for viewing by epileptic users. 16. The software products are distributed to run on the Java environment, from Sun Microsystems Incorporated. This includes Java Mobile Edition environments. Environments are freely available to run on most home and server computers. 17. The product securely communicates with the corporation during running for user and subscription verification, piracy protection and anonymous tally. 18. The users personal data will be kept private and confidential for permitted corporation use only, and will not be provided to external entities. 19 The users may not decompile, dissassemble, encase nor modify the product. All included novel technologies are Intellectual Property of the corporation. 20. The users may not provide fraudulent payment details. 21. Cash and other items of value sent to the corporation are sent at the sender's risk. 22. The corporation assumes no liability for communications lost in transit, in either direction. 23. The corporation assumes no liability for any action taken by the users on communication sent by the corporation. All advice is experienced advice and followed at the user's own risk. All tips and examples are provided for educational purposes only. 24. The BBS exists to provide users with a forum to share knowledge. All posts are subject to corporation moderation, including edit. All information may be subject to verification. The corporation assumes no liability for, and makes no guarantee to, the accuracy of information provided by the users. All advice provided by the users is followed at the user's own risk. 25. The corporation assumes no liability for any use of the products by the users. Responsibility for the use of the products is uptaken by the user on use. The corporation advises the users not to break any local, national, international, multiversal nor other law or by-law nor treaty with the products. 26. The corporation assumes no liability for any content distributed from external sources accessed via the products. 27. The users agree not to use the products to the detriment, judged using reason or common sense, of the corporation nor against the corporation's instructions. 28. The users agree not to use the products contrary to the spirit of the product itself. 29. The users may chose to opt in to the corporation email information updates and offers. The users may change their preference via the website. 30. The users agree to the products using existing non-encrypted computer data from external software applications for the purpose of auto- completion of settings. 31. The products including the price of purchase may be subject to change without notice. 32. The license may be subject to change without notice. 33. The corporation reserves the right to discontinue any products and services without notice. 34. No functionality nor content is guaranteed nor may be inferred. See points 2: Trial Software License, and point 4. 35. The users and any parties may distribute the product only without profit and by any means; on magazines, in software libraries, using peer- to-peer technology or by any alternative method. 36. Unlock codes are secured to the user's browser prior to transmission via the web. Unlock codes are not sent via email due to the common insecurity of email systems. 37. An unlimited amount of backup copies of the software product, hardware firmware, unlock code, and/or website may be made. 38. Product automatically checks for an updated version with the website. It is recommended that use is with the latest version of the products. 39. Data products may not be used for re-selling of data. 40. All information provided on the corporation, and the product may not be false, misleading nor misrepresentative. 41. The corporation is not responsible for Force Majeure, Acts of God/s or other circumstances beyond its control. 42. All requested connections to the corporation communication system, including for product download, not browsing from an entry page or other legitimate external link including external links on Software Promotional Websites, nor direct corporation provided URI/L, for the sole purpose of evaluation for purchase, review of the corporation, or the products, in request or response to corporation or user community support, or legitimate requisition of permitted and freely available information is prohibited. 43. All communications sent to the corporation communications system must be: i) Free of malware, profanity, dishonesty, illegal and all other abusive content, ii) Communicated in English. 44. All communications including all website content sent after user login are intended for the named user only. 45. All communications are intended for the named recipient/s only, and the contents are private, confidential and not for disclosure nor use without authenticated permission of the corporation. If a user receives a communication for which it is not a named recipient the communication is to be destroyed out of goodwill, also informing the corporation of this error would be appreciated. 46. All statements made in communications are made within the license. 47. All complaints will be handled with seriousness and care, logged, investigated, and a full response provided within 7 (seven) days of receipt. 48. The license points may vito each other without order. 49. The corporation is not responsible for the content of external websites. 50. The corporation's decision is final. 51. All of the license points may be subject to change or vito by local, national, international, multiversal or other law, by-law or treaty. 52. The corporation has no allegience, affiliation nor association with any religious, political or social body. The corporation maintains a stance of neutrality. Any opinion expressed by a corporation employee belongs to that individual alone and in no way reflects upon corporation stance. 53. All of the products including the software, the hardware, the website code, website, content, media, texts, communications, license, firmware, data contained within distribution, files extracted from distribution, files and data downloaded from the website/s, unlock code, the corporation logos, slogans, images, sounds, moving images, style, look and feel, color combinations and all other content, unless otherwise stated, is the intellectual property of and is copyright, and trademark where applicable, of the corporation. The copyright is dated 1996-2008. 54. All of the used copyrights belong to their respective owners.