Community Video Chat 5.0

EULA - End User License Agreement

1. GENERAL SOFTWARE LICENSE

Each Software package purchased under this Agreement is licensed as a single product intended to be run under one domain name. If you would like to run the Software on multiple domains you must purchase a separate license for each domain. You may not distribute copies of the Software or any accompanying written materials to others, in an altered or original state.
You may not copy any written materials accompanying the Software without express written authorization from Flashcoms. The Software (including but not limited to any images, photographs, animations, audio, music, text, and anything incorporated into the Software) is owned by Flashcoms and is protected by international copyright laws and international treaty provisions. Therefore, You must treat the Software like any other copyrighted material. You may be held legally responsible for any infringement that is caused or encouraged by your failure to comply with the licensing provisions of this Agreement. Upon purchasing the Flashcoms Software, you are obligated to comply with this license agreement and any noncompliance will subject you to legal action.
In consideration of payment of the license fee, which is part of the price of the Software, Flashcoms grants to You the nonexclusive right to use the Software for company/organizational/personal use. You may use the Software and/or any Software component under only one domain that is owned, operated and is controlled by your REGISTERED LICENSED company, organization or personal identity. You are bound to this Agreement during Your entire possession time span of this Software, in its original or altered state. Flashcoms reserves the rights to suspend, revoke or terminate your license to use the Software if these terms are violated. See section 6 which discusses the License Agreement for termination procedures.
The trademarks, logos and service marks ("Marks") displayed on this Site; Software and any accompanying written materials are the property of Flashcoms.

2. WARRANTY / DISCLAIMER INFORMATION

UNLESS EXPRESSLY PROVIDED OTHERWISE IN A SEPARATE AGREEMENT BETWEEN YOU AND FLASHCOMS, ALL INFORMATION AND SOFTWARE ON AND FROM THIS SITE ARE PROVIDED UNDER A LIMITED WARRANTY.
1. Flashcoms guarantees the correct performance of its Software in accordance with functionality outlined on the web-site or as agreed upon in advance with the client, given that all the preliminary server requirements are met by the client and installation and integration were performed by the Flashcoms support team.

2. Under any of the circumstances outlined bellow, in no event shall Flashcoms be held responsible for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, loss of data, loss of other materials, loss of profits, business or other work interruption or any other pecuniary losses based on any theory of liability, arising out of or in connection with the use of or inability to use the Software.

a. Installation and/or Integration is performed by the client and not by the Flashcoms support team.
b. Server requirements outlined on the web-site and or recommended by the Flashcoms are not met.

3. Flashcoms assumes no responsibility for errors and/or poor performance of any third party software such as Streaming Media Server, used by and/or along with the Flashcoms Software.

4. Flashcoms may make improvements and/or changes in the Software at any time. Flashcoms has no obligation to notify You of any changes of the Software. This changes of the Software will be incorporated at Flashcoms sole discretion.

5. Flashcoms is not obliged to provide you with the updated version of the software. Flashcoms may set and change the cost for update/upgrade cost at any time with no obligation to notify You of any changes.

3. REMEDIES

In no event shall Flashcoms total liability to you for any and all damages, losses, and causes of action arising from or connected in anyway with this Agreement (including without limitation liability in contract, tort or under any other legal theory) ever exceed the INITIAL amount paid by You for the Software. INITIAL amount is defined as the first payment to purchase the Software and DOES NOT include other fees incurred there after. This shall constitute Your sole and exclusive remedy.

4. TERMINATION

This Agreement is effective IMMEDIATELY upon Your Software purchase. Unless terminated sooner by Flashcoms, any license granted by this Agreement terminates in accordance with the method and timeframes specified. Without prejudice to any other rights, Flashcoms may suspend, revoke, or terminate this Agreement if You fail to comply with any of its provisions. In such event, You must immediately delete all copies and instances of Flashcoms Software from your possession within 24 hours of Flashcoms License Agreement termination notice. IF YOU FAIL TO COMPLY WITH OUR TERMINATION PROCEDURE, LEGAL ACTIONS WILL BE TAKEN.
For all Flashcoms products NO REFUNDS WILL BE GIVEN AFTER 30 days of purchase of the product.

5. RESELLING FLASHCOMS SOFTWARE

A specific contract and terms for reselling Flashcoms Software can be obtained by contacting Flashcoms Customer Support. You cannot resell Flashcoms Software unless you have received a separate reseller agreement.

6. DEVELOPER INFORMATION AND CREDENTIALS.

All Flashcoms Software contains developer information and Flashcoms credentials. You can not remove and/or hide this information, unless purchasing an additional plug-in.

7. INDEMNITY

You agree to defend, indemnify and hold Flashcoms harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from Your violation of these Terms of Service (including, without limitation, violation of applicable Additional Terms), or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of Your relationship with Flashcoms.

8. REFUND POLICY

OUR REFUND POLICY GUARANTEES THAT YOU CAN GET YOUR ENTIRE PURCHASE PRICE REFUNDED WITHIN 30 DAYS FROM THE DATE OF PURCHASE, UNDER CERTAIN CONDITIONS. THE DETAILS OF OUR POLICY ARE AS FOLLOWS:
Full refund will be processed in the following cases:
- If you accidentally bought the software more than once (for the same domain name).
- When your credit card was used to place the order without your permission (in accordance to our payment gateway policy).
- When your problems are caused by a bug and/or error in our software and we are not able to correct the error within an acceptable period of time, given that you have provided us full access to the server, where the applications are installed.

NOTE: In this case, the refund is only made after we receive detailed information about your error, requested by our support staff, such as screenshots of error messages, log files, detailed descriptions of your actions, file samples, etc.
Refund request will be declined in the following cases:
- When the refund request reaches us after 30 days from the date of purchase.
- When you do not reply to our email and confirm your request within one business week from the first day you file a claim for the refund.
- When you demand a refund immediately after buying the software.
- When you inform us about changing your decision to buy the software, saying you have uninstalled it and are not going to use it, without giving us any particular reasons.
- When reasons which prevent you from proper use of our software are stated clearly on our official site. (For example, if you request a refund due to the absence of a streaming media server, which is required for all Audio/Video applications and which is listed in the requirements list for our software).
- If your configuration does not meet our recommended system requirements.
- If the problems are caused by third party software, such as server software i.e. (Red5).