IMPORTANT: READ THIS AGREEMENT CAREFULLY. BY INSTALLING, COPYING, RUNNING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, PLEASE DO NOT INSTALL, RUN, COPY, OR OTHERWISE USE THE SOFTWARE.
IF YOU AGREE TO THESE TERMS ON BEHALF OF A BUSINESS, YOU WARRANT THAT YOU HAVE AUTHORITY TO BIND THAT BUSINESS TO THESE TERMS, AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF THAT BUSINESS.
This License Agreement ("License") is a legal agreement between FLDraw Team (owner of the Software), and You (either an individual or a single entity), concerning Your use of the FLDraw Software product, which includes computer software and associated files, and with any online or electronic documentation that may be provided therewith (collectively, "the Software").
The following definitions apply to the terms and conditions included in this Agreement.
(a) "Software": means the FLDraw Software product, including all program files (EXE or SWF files), JavaScript files, HTML files, library files,
data files, documentation and other files which are part of the Software package, and all related updates.
(b) "Install": means to place a copy of the Software or any parts of it onto a hard disk or other storage medium through any means.
(c) "FLDraw", "FLDraw Team ", or "we": owners of the FLDraw Software product.
(d) "Licensee", "You", or "Your": either an individual or a single entity, that using, implementing, downloading, or Installing the Software.
(e) "Design": means a file that is created using the Software, like an image, a map, a floor plan, or other designs.
Subject to the terms and conditions of this Agreement and upon Licensee's full payment of the applicable fees FLDraw grants to You, and You accept:
(a) A personal, non-exclusive, non-transferable license to use one copy of the Software (Desktop Edition) on a single computer at a time, and use the published files on up to 5 websites.
(b) Make one backup copy of the
Software solely for backup or archival purposes.
Subject to the terms and conditions of this Agreement FLDraw grants to You, and You accept:
(a) A personal, non-exclusive, non-transferable license to use one copy of the Software (Lite Edition) on a single computer at a time, and use the published files on up to 5 websites.
(b) FLDraw Lite is free to use for business, personal, and educational use in accordance with this license agreement.
The following limitations apply to FLDraw Lite:
(a) It's free for up to 5 projects.
(b) There is no technical support.
(c) There is a link to our website on the bottom-left corner of the viewer.
(d) Some features are not available.
Subject to the terms and conditions of this Agreement and upon Licensee's full payment of the applicable fees FLDraw grants to You, and You accept:
(a) A personal, non-exclusive, non-transferable license to use one copy of the Software (Desktop Edition) on a single computer at a time, and use the published files on up to 5 websites.
(b) Make one backup copy of the
Software solely for backup or archival purposes.
Subject to the terms and conditions of this Agreement FLDraw grants to You, and You accept:
(a) A personal, non-exclusive, non-transferable license to use one copy of the Software (Lite Edition) on a single computer at a time, and use the published files on up to 5 websites.
(b) FLDraw Lite is free to use for business, personal, and educational use in accordance with this license agreement.
The following limitations apply to FLDraw Lite:
(a) It's free for up to 5 projects.
(b) There is no technical support.
(c) There is a link to our website on the bottom-left corner of the viewer.
(d) Some features are not available.
Subject to the terms and conditions of this Agreement and upon Licensee's full payment of the applicable fees FLDraw grants to You, and You accept:
(a) A personal, non-exclusive, non-transferable license to Install and use the Software (Plugin Edition) on a single website, accessible by one domain name.
You may also Install and use one copy of the Software (Plugin Edition) on a home or portable computer for Your individual use only,
and make one backup copy of the Software for archival purpose only.
(b) Integrate the Software into Your website using the provided methods: adding it to Your website, implementing server-side script,
JavaScript interaction, configuration, using your add-on module, and customization. (See "Developer Guide".)
You may also translate our "User Guide".
(c) Use the Software for Your own business needs, as an architect, a home builder, an interior designer, a real estate broker, or similar businesses.
(Either an individual or a single entity.)
Subject to the terms and conditions of this Agreement and upon Licensee's full payment of the applicable fees FLDraw grants to You, and You accept:
(a) A personal, non-exclusive, non-transferable license to incorporate the Software (Plugin Edition) or portions of it into a single software product
for
distribution to one organization or company.
Your software product must not compete with our products (desktop and plugin editions) in any way.
Subject to the terms and conditions of this Agreement and upon Licensee's full payment of the applicable fees FLDraw grants to You, and You accept:
(a) A personal, non-exclusive, non-transferable license to incorporate the Software (Plugin Edition) or portions of it into a single software product that
you want to sell or redistribute to third parties.
Your software product must not compete with our products (desktop and plugin editions) in any way,
also you may not distribute or sell our Software as an independent piece of software.
You MAY NOT do any of the following Yourself, or through any third party, and You MAY NOT permit any third party with whom You have a business relationship to do any of the following:
(a) Copy or distribute the Software or any parts of it.
(b) Sublicense, lease, rent, or transfer this Software or any parts of it to another.
(c) Remove any product identification, copyright notices, or other notices or proprietary restrictions from this Software.
(d) Attempt to reverse engineer, decompile, or disassemble the Software or any parts of it.
(e) Modify or create derivative works based upon the Software or any parts of it.
(Except as expressly authorized in this Agreement, section "Grant of License (Plugin Edition: Website License).(b)",
"Grant of License (Plugin Edition: Developer License (Non-OEM)).(a)"), and "Grant of License (Plugin Edition: Developer License (OEM)).(a)").
(f) Permit any third party to benefit from the use or functionality of the Software, including without limitation:
service bureau, commercial hosting services, and application service provider.
(Except as expressly authorized in this Agreement, section "Grant of License").
(g) Use a previous version or copy of the Software after You have received an upgraded version of the Software.
(h) Use the Software except as expressly allowed in this Agreement.
(a) The Trial Version ("Trial Software") may be used for up to two (2) weeks.
(b) You may only use it for internal evaluation purposes.
(c) No support services are provided for Trial Version.
This License is effective until terminated as provided below:
You may terminate this Agreement at any time by providing notice to FLDraw.
This Agreement will also automatically terminate if You breach a material term of this Agreement.
Upon any termination of this Agreement, You agree to immediately cease using the Software, and destroy all copies of the Software.
When You buy a copy of the Software, You will be entitled to upgrade to Minor Versions of the Software at no additional fees.
All software being upgraded is deemed to be part of the Software and is subject to this Agreement.
Minor Version means version "3.xx", where "xx" represents any number combination.
Upon upgrading the Software, all copies of the prior version must be destroyed.
For thirty (30) days following the date of purchase, subject to the terms and conditions of this Agreement, we will provide Licensee with a
commercially reasonable technical support for the Software via email or support ticket system.
This support service does not cover the installation and customization of the Software on Your website.
This Software is protected by copyright laws and international treaty provisions, You shall treat the Software like any copyrighted material.
This Software is licensed, not sold, to You for use solely subject to the terms and conditions of this Agreement.
Except for the rights expressly granted above, this License transfers to You no right, tide, or interest in the Software, or any copyright, patent, trademark, trade secret, or other intellectual property or proprietary right in the Software. FLDraw retains sole and exclusive title to all portions of the Software and any copies thereof. You agree not to disclose the Software to anyone.
You hereby agree to defend, indemnify and hold FLDraw and each FLDraw Party, as well as the directors, agents, officers, and employees of FLDraw and each FLDraw Party, harmless from and against any and all third-party claims, liabilities, costs and expenses (including attorneys' and accountants' fees reasonably incurred) in connection with any breach or alleged breach by You of any covenant, representation or other provision of this Agreement, or any of Your obligations hereunder.
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED.
FLDraw EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE WITH RESPECT TO THE SOFTWARE.
You expressly acknowledge and agree that use of the Software is at Your sole risk. FLDraw does not warrant that the functions contained in the Software will meet Your requirements or those of the employer, or that the operation of the Software will be uninterrupted or error-free.
Furthermore, FLDraw does not warrant or make any representation regarding the use or the results of the use of the Software (including the related documentation) in terms of their correctness, accuracy, reliability, or otherwise.
IN NO EVENT SHALL FLDraw OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF FLDraw HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL FLDraw'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
LICENSEE ACKNOWLEDGES THAT THE SOFTWARE IS NOT INTENDED FOR USE IN CONNECTION WITH ANY STRICT LIABILITY ACTIVITY AND LICENSEE AGREES NOT TO USE OR ALLOW THE USE OF THE SOFTWARE OR ANY PORTION THEREOF FOR, OR IN CONNECTION WITH, ANY SUCH ACTIVITY.
ALL LEGAL ISSUE SHOULD BE JUDGED BY THE COURT INDICATED BY FLDraw.
The failure by either party at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of this Agreement. The waiver of any default by either party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed.
Unless otherwise required by law, an action or proceeding by You to enforce an obligation, duty, or right arising under this Agreement or by law with respect to the Software or Third Party Services must be commenced within six (6) months after the cause of action accrues.
You are responsible for the content, ownership, and integrity of Your own website and domain name, as well as any merchandise created via the Software, and FLDraw shall have no liability with respect to any claims brought by third parties relating to Your website, domain name, or any merchandise created or sold on Your website.
If any portion hereof is found to be void or unenforceable, such term will be considered severable from the remaining terms, and the remaining provisions of this License shall remain in full force and effect.
No agency, partnership, or joint venture is created by this Agreement. The parties are and remain at all times independent contractors and not agents or employees of the other party.
This License Agreement constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by FLDraw.
