End User License Agreement (EULA)


Copyright 2013-2024 Escape Motions, s.r.o. All Rights Reserved.
Copyright 2009-2013 Peter Blaskovic. All Rights Reserved.

This license is a legal agreement between you and Escape Motions for the use of Flame Painter software (the "Software"). By downloading, installing, copying, or otherwise using the Software, you acknowledge that you have read terms and conditions of this license, understand them, and agree to be bound by them. If you do not agree with these terms and conditions, Escape Motions is unwilling to license the Software to you, and you are not authorized and may not use the Software.

Permitted Use

You are licensed to use the Software as expressly set out in this License from your first use of the Software until termination of this License. The License granted to you is limited, nontransferable and non-exclusive. Except to the extent any rights cannot be excluded by law, you are permitted:

Demo Mode

to download, install only the number of copies of the Demo Software required for the evaluation. Users evaluating the Software in demo mode ("Demo Software") may use the Software only for personal, non-commercial internal use.

The Software in Demo mode is a free evaluation version of the software. It is made available to you solely for the purpose of demonstrating the program capabilities of the software. It may not include the full functionality found in the full version.

Non-Commercial License

to download, install three (3) copies of the Software directly on a computer running Microsoft Windows (“Windows Computer”) or macOS ("Mac Computer") that you personally own or control provided that not more than one of those computers is in use simultaneously.

Users of the Flame Painter Non-Commercial License may use the Software only for noncommercial, or non-profit activities.

Full License

(i) if you are a private individual, to download, install three (3) copies of the Software directly on a computer running Microsoft Windows (“Windows Computer”) or macOS ("Mac Computer") that you personally own or control provided that not more than one of those computers is in use simultaneously.

(ii) if you are a commercial enterprise, to download, install, use and run one (1) copy of the Software for use by one individual or multiple individuals on a single shared Windows or Mac Computer that you own or control. For example, multiple employees may serially use the Software on a single computer used as a shared resource.

Users of the Flame Painter Full License may use the Software for commercial, or for-profit activities as well as for personal, non-commercial, or non-profit activities.

Educational Site License

to download, install and access one (1) copy of the Software on up to the permitted number of computers as agreed to by You and Escape Motions, only for educational or exclusively private purposes and for no other purpose.

Users of the Flame Painter Educational Site License may use the Software only for non-commercial, or non-profit activities.

You may not remove the copyrights notices from the Software. You may make one (1) copy of the Software for back-up or archival purposes.

Restrictions

This is a SINGLE COPY SOFTWARE LICENSE. The Software is copyrighted and protected by law and international treaty. This is a license, not a transfer of title, and unless you have been granted prior, written consent from Escape Motions you may not:
a, Reproduce, distribute, or transfer the Software, or portions thereof, to any third party.
b, Sell, rent, lease, assign, or sublet the Software or portions thereof.
c, Grant rights to any other person.
d, Modify, decompile, reverse engineer, disassemble, or create derivative works based on the Software or the documentation in whole or in part.
e, Use the Software in violation of any international law or regulation.

You must not intentionally or unintentionally make the Software available on any web server, ftp server, file sharing network, shared directory, or other location where any other person can acquire a copy of the Software. You are responsible for keeping the Software safe from being copied by others.

Display of Copyright Notices

All copyright and proprietary notices and logos within the Software files must remain intact.

Indemnity

You agree to indemnify and hold harmless Escape Motions for any third-party claims, actions or suits, as well as any related expenses, liabilities, damages, settlements or fees arising from your use or misuse of the Software, or a violation of any terms of this license.

The Software may contain technical inaccuracies or typographical errors, so changes and/or updates may be affected without notice. Peter Blaskovic may also make improvements and/or other changes to the Software at any time without notice.

Disclaimer Of Warranty

THE SOFTWARE IS PROVIDED \"AS IS\", WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE SOFTWARE OR ITS OPERATION, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, PETER BLASKOVIC DOES NOT WARRANT THAT THE SOFTWARE OR ANY RELATED SERVICE WILL ALWAYS BE AVAILABLE.

Limitations Of Liability

YOU ASSUME ALL RISK ASSOCIATED WITH THE INSTALLATION AND USE OF THE SOFTWARE. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS OF THE SOFTWARE BE LIABLE FOR CLAIMS, DAMAGES OR OTHER LIABILITY ARISING FROM, OUT OF, OR IN CONNECTION WITH THE SOFTWARE. LICENSE HOLDERS ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USE AND ASSUME ALL RISKS ASSOCIATED WITH ITS USE, INCLUDING BUT NOT LIMITED TO THE RISKS OF PROGRAM ERRORS, DAMAGE TO EQUIPMENT, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR SOFTWARE PROGRAMS, OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS.