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f.lux End User License Agreement
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BY CLICKING ON THE “ACCEPT” OR “DOWNLOAD” BUTTON, “YOU” (MEANING YOU
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PERSONALLY AND NOT A COMPANY OR OTHER CORPORATE ENTITY) ARE CONSENTING TO
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BE BOUND BY AND ARE BECOMING A PARTY TO THIS LICENSE AGREEMENT
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(“AGREEMENT”). IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT,
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CLICK THE “CANCEL” BUTTON AND THE DOWNLOAD/INSTALLATION PROCESS WILL NOT
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CONTINUE. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY
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LIMITED TO THESE TERMS.
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GRANT. Subject to your full compliance with all the terms of this
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Agreement, Flux Software LLC (“Company”) hereby grants you (and only you)
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a limited, personal, non-sublicensable, non-transferable, royalty-free,
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nonexclusive license to use internally the software that you are about to
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download or install (“Software”) only in accordance with the Company
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documentation that accompanies it. In addition to any compatible personal
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devices, you may download and install the Software on any compatible work
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device(s) provided that you (1) obtain all necessary permissions, consents
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and waivers from your employer to do so, (2) assume all risks and
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liabilities relating to the Software on such devices, and (3) require your
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employer to release Company from any and all liability to Company relating
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to the download, installation, or use of the Software.
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RESTRICTIONS. You may not (and agree not to, and not authorize or enable
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others to), directly or indirectly: (a) copy, distribute, redistribute,
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rent, lease, mirror, timeshare, operate a service bureau, or otherwise use
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for the benefit of a third party, the Software; (b) disassemble,
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decompile, attempt to discover the source code or structure, sequence and
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organization of, or otherwise reverse engineer, the Software (except to
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the extent applicable law prohibits restrictions on reverse engineering);
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(c) remove any proprietary notices from the Software; or (d) bundle the
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Software with any third party software, product or service. You understand
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that Company may modify or discontinue offering the Software at any time.
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For the avoidance of doubt, the foregoing restrictions apply to any
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company or corporate entity (or its affiliates or agents acting on its
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behalf) (each, an “Entity”) and no Entity shall download or install the
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Software for the purposes of mirroring or distributing it to its employees
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or otherwise.
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SUPPORT AND UPGRADES. This Agreement does not entitle you to any support,
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upgrades, patches, enhancements, or fixes for the Software (collectively,
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“Support”). The Software may automatically download and install updates
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from time to time on the device(s) that you have downloaded and installed
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the Software on. You agree to receive any such updates and any Support
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and/or updates for the Software that may be made available by Company
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shall become part of the Software and subject to this Agreement. The
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Company reserves the right in its sole discretion to cease the support of
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older versions of the Software.
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INDEMNITY. You shall indemnify and hold harmless Company from any claims,
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damages, liabilities, costs and fees (including reasonable attorney fees)
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arising from your use of the Software as well as from your failure to
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comply with any term of this Agreement.
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WARRANTY DISCLAIMER. YOU AGREE THAT YOU ARE USING THE SOFTWARE SOLELY AT
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YOUR OWN RISK. COMPANY PROVIDES THE SOFTWARE “AS IS” AND WITHOUT WARRANTY
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OF ANY KIND, AND COMPANY FOR ITSELF AND ITS PUBLISHERS AND LICENSORS
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HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT
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LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
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PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT. YOU
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ACKNOWLEDGE THAT COMPANY EXPRESSLY DISCLAIMS USE OF THE SOFTWARE FOR ANY
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MEDICAL PURPOSE (INCLUDING, WITHOUT LIMITATION, THE DIAGNOSIS,
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EXAMINATION, OR TREATMENT OF ANY MEDICAL CONDITIONS). COMPANY DISCLAIMS
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ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SOFTWARE MADE BY YOU OR
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ANY THIRD PARTY AND ANY SUCH REPRESENTATION OR WARRANTY IS NOT MADE ON
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COMPANY’S BEHALF. Company disclaims any and all liability to you, your
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employer, or any third party relating to the download, installation, or
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use of the Software in violation of the foregoing.
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LIMITATION OF LIABILITY. COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE WITH
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RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT,
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NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (A) FOR LOSS OR INACCURACY OF
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DATA OR (EXCEPT FOR RETURN OF AMOUNTS, IF ANY, PAID TO COMPANY BY YOU
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HEREUNDER) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR
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TECHNOLOGY, OR (B) FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES
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INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS.
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COMPANY SHALL NOT BE RESPONSIBLE FOR ANY MATTER BEYOND ITS REASONABLE
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CONTROL. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF COMPANY SHALL HAVE
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BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW
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THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
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ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
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TERMINATION. You may terminate this Agreement and the license granted
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herein at any time by destroying or removing from all computers, networks,
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and storage media all copies of the Software. Company may terminate this
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Agreement and the license granted herein immediately if you breach any
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provision of this Agreement or at any time for any or no reason. Upon
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receiving notice of termination from Company you will destroy or remove
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from all computers, networks, and storage media all copies of the
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Software. Sections 2 through 8 shall survive termination of this
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Agreement.
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MISCELLANEOUS. You shall comply with all applicable export laws,
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restrictions and regulations in connection with your use of the Software,
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and will not export or re-export the Software in violation thereof. As
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defined in FAR section 2.101, DFAR section 252.227-7014(a)(1) and DFAR
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section 252.227-7014(a)(5) or otherwise, all Software and accompanying
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documentation provided by Company are “commercial items,” “commercial
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computer software” and/or “commercial computer software documentation.”
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Consistent with DFAR section 227.7202 and FAR section 12.212, any use,
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modification, reproduction, release, performance, display, disclosure or
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distribution thereof by or for the U.S. Government shall be governed
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solely by these terms and shall be prohibited except to the extent
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expressly permitted by these terms. This Agreement is personal to you and
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you shall not assign or transfer the Agreement or the Software to any
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third party under any circumstances; Company may assign or transfer this
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Agreement without consent. This Agreement represents the complete
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agreement concerning this license between the parties and supersedes all
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prior agreements and representations between them. It may be amended only
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by a writing executed by both parties. If any provision of this Agreement
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is held to be unenforceable for any reason, such provision shall be
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reformed only to the extent necessary to make it enforceable. This
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Agreement shall be governed by and construed under New York law without
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regard to any conflicts of law provisions thereof.
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Email for further information: support@justgetflux.com
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Copyright f.lux Software LLC 2008-2018
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