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  PRODUCTS & SERVICES Software Fiolex Media Express End User License Agreement and Warranty  
FIOLEX MEDIA EXPRESS
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  FREE FULL VERSION
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  SYSTEM REQUIREMENTS  
   
Windows 98, ME, NT4 SP5, 2000 or XP

Intel Pentium Processor or Compatibles
  (PIII or higher recommended)

64 MB RAM (128 MB recommended)

16 Bit Screen Resolution or higher

8 MB Hard Disc Space

To view some Media Formats, DirectX 8.0
  or higher required
 
 
  PURCHASE OPTIONS  
  FREE for Personal Use*  
 
   
The purchase of licenses
is currently not available
due to a complete revision
of our store.
 
 
 
 
*) License and Purchasing Information:

Licenses / Purchase Options
Prices and Taxes
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End User License Agreement and Warranty
 
THE USE OF THIS SOFTWARE SUBJECT TO THE FOLLOWING AND GENERAL TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND FIOLEX SOFTWARE ("FIOLEX") AS OWNER OF THIS SOFTWARE (“SOFTWARE”). PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THIS SOFTWARE. BY RECEIVING AND/OR USING THIS SOFTWARE, YOU ACCEPT AND AGREE TO BE BOUND BY THE FOLLOWING USER LICENSE AGREEMENT. IF YOU DON’T AGREE TO THIS AGREEMENT, DONT’T INSTALL THIS SOFTWARE OR REMOVE IT FROM YOUR COMPUTER, AND RETURN TO US ANY COPIES OF THIS SOFTWARE, INCLUDING RELATED DOCUMENTATION AND PACKAGING.
 
All logos, product and company names displayed on this software are trademarks or registered trademarks of the appropriate companies or owner. "Fiolex", "Fiolex Media Express", "Fiolex Media Network" and "Fiolex Gallery" are trademarks of Fiolex Software.
 
1. LICENSE AND COPYRIGHT



 
This software is owned by FIOLEX and is protected by international copyright, trade dress and other laws based on intellectual property rights. FIOLEX grants to you a limited, non-exclusive and non-transferable license to use this software in accordance with this agreement. This license is not a sale. FIOLEX retains sole and exclusive ownership and all intellectual property rights to this software.

The Software shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part without explicit permissions and/or agreements from/with FIOLEX. Exceptions: the free version of this software may be copied, shared and distributed as described below (2.1.). You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile this Software.
 
2. TERMS OF USE


 
2.1. FREE VERSION

The following terms are only valid for the free original version of the software (with advertising screen at startup), and not for registered private or commercial licenses without advertising screen.

2.1.1. Private Use

The free version of the software may be used without limitations for personal purposes, in accordance with this agreement. You may freely copy and use the software on any computer you want. Starting the free version of the software, an advertising window appears. This window will be deactivated after purchasing a FIOLEX collection or paying a small license fee (see 2.2.1.).

2.1.2. Commercial Use

The use of the free software version is not allowed for commercial purposes. See 2.2.2. for commercial licenses.

2.1.3. Sharing with friends

You may freely copy and share the original, not registered, free version of the software with your friends or other people, in accordance with this agreement. Copying and sharing of the registered version of the software without advertising screen is not allowed (see 2.2.1.).

2.1.4. Providing for downloads

The free original version of the software may be provided for free download on both private and commercial websites. Downloads can take place either via their website or FIOLEX's official download page http://www.fiolex.net/english/downloads/index.asp. A direct link to a download file on the FIOLEX server is only allowed with our prior permission. A FIOLEX copyright and manufacturer note is always requested under any circumstance. The distribution of a registered software version without advertising window is not allowed without written permission from FIOLEX.

2.1.5. Press releases, distribution on magazine CD's

The free original version of the software may be burned on complementary CD-ROMs for professional magazines and be made available to their readers as such. In these cases an annotation to the software with a link to our webpage is requested to be published. We ask all publishers for a brief email message indicating name of magazine, issue number, and publication date. The publishing of a registered software version without advertising window is not allowed without written permission from FIOLEX. See our Media Express Press Information for more details.

2.1.6. Distribution on free-/shareware CD's, Bundles with other software/products

The burning and distribution of the software on free- or shareware CD/DVD's, or bundled with other software and/or products (e.g. cameras, printers, clipart and image collections etc.) is not allowed without prior written permission and/or license from FIOLEX. If you wish to distribute our software, please contact us.

2.2. REGISTERED PRIVATE AND COMMERCIAL VERSION

2.2.1. Private License / Advertising Window

Starting the free version of the software, an advertising window appears. After purchasing a FIOLEX collection for $10 or above, the advertising window will be deactivated automatically. The advertising window can also be deactivated by paying a license fee of $10, without purchasing any collections. The license fee will not be credited to later purchases of collections. A software version with deactivated advertising screen is equivalent to a registered, private software license.
 
You may copy and use your registered version of the software on any of your personal computer. The use of a registered version is limited to you. If you want to copy the software for other people, you have to take the original free version with advertising window (see 2.1.3.).

2.2.2. Commercial License

For commercial use of the software, you have to purchase a commercial license of $25 per single user (up to 10 user). For a discounted multi-site or enterprise license, please contact us. No advertising window will appear on licensed software.
 
Your license to use this software is limited to the number of purchased licenses. Each licensed copy of this software may be used on one single computer by one user. If you install the software onto a multi-user platform, server or network, every individual user of the software must be licensed separately or included by a multi-site or enterprise license. You may make one copy of this software per user license for backup purposes.

2.3. USE RESTRICTIONS

THIS SOFTWARE MUST BE USED IN COMPLIANCE WITH ALL APPLICABLE LAWS. THE USE, DISPLAY OR DISTRIBUTION OF THIS SOFTWARE FOR ANY UNLAWFUL PURPOSES AND/OR TOGETHER WITH PORNOGRAPHIC, OBSCENE, RACIST, DISCRIMINATING, DEFAMATORY OR ABUSIVE MATERIAL, OR WITH MATERIAL DISPLAYING PREJUDICE BASED ON ETHNIC HERITAGE, RACE, RELIGION, SEXUAL ORIENTATION OR AGE IS STRICTLY PROHIBITED.

 
3. LIMITATION OF RESPONSIBILITY AND WARRANTIES



 
FIOLEX MAKES NO REPRESENTATION OR WARRANTIES IN RESPECT OF THIS SOFTWARE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER FIOLEX NOR ITS MANAGER, EMPLOYEES, LICENSORS, PARTNER, AGENTS, DISTRIBUTORS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF DATA OR PROFITS, ARISING OUT OF YOUR USE OF, YOUR INABILITY TO USE, OR THE PERFORMANCE OF THE SOFTWARE, RESULTING OF OR CONNECTED WITH THE USE OF THIS SOFTWARE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IN THE EVENT OF NEGLIGENCE. OUR ENTIRE LIABILITY IS LIMITED, WITHOUT EXCEPTION, TO THE REIMBURSEMENT OF THE PURCHASE PRICE OF THE SOFTWARE, AT MAXIMUM THE LESSER OF THE AMOUNT PAYED BY YOU AND THE SUGGESTED RETAIL PRICE AS LISTED BY FIOLEX.
 
4. MISCELLANEOUS


 
4.1. GOVERNING LAW AND VENUE

This agreement is governed by Swiss statutes and laws, without reference to its laws relating to conflicts of law. Venue for all disputes concerning this agreement shall lie exclusively in the courts of Baden, Switzerland.

4.2. MISCELLANEOUS

Should any clause of this agreement become inoperative, this will not affect any other clause, and each of these will remain in full force and effect.

This agreement is subject to our General Terms and Conditions.

If you have any requests or questions concerning this agreement, please send an email to legal@fiolex.net.

INSTALLING AND/OR USING THIS SOFTWARE, YOU ARE CONSENTING TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT.

© Copyright 2003-2006 Fiolex Software. All Rights reserved.

 
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