Flashlight-Lite

END USER LICENSE AGREEMENT FOR FLASHLIGHT LITE (BRILLIANT)

This End User License Agreement (“License”) is an agreement between you and Vladimir Stefanov referred to as the “Developer”. This License governs your use of this application and all related software, documentation, and updates and upgrades that replace or supplement the application and are not distributed with a separate license (together, the “Application”). This Application is licensed to you free of charge. You do not own the Application.

By installing or using the Application, you consent to be bound by this License. If you do not agree to all of the terms of this License, then do not install or use the Application. IF YOU INSTALL THE APPLICATION, THE TERMS AND CONDITIONS OF THIS LICENSE ARE FULLY ACCEPTED BY YOU. If you do not agree to any portion of this License, do not install or use the Application.

  1. License Grant and Terms of Use.

    A. Grant. The Developer grants you a personal, limited, non-exclusive license to install and use the Application for your personal, noncommercial use solely as set forth in this License and any accompanying documentation. Your acquired rights are subject to your compliance with this License. Any commercial use is prohibited. You are expressly prohibited from sublicensing, renting, leasing or otherwise distributing the Application or rights to use the Application. The term of your license shall commence on the date that you start to download, install or otherwise use the Application, and shall end on the earlier of the date that you dispose of the Application; or the Developer’s termination of this License.

    B. Copies. You may download this Application from an authorized source. The number of copies that you can download during a consecutive period of days may be limited. You may not make a copy of the Application available on a network where it could be used by multiple users at the same time. You may not make the Application available over a network where it could be downloaded by multiple users.

    C. Application Updates. You agree that the Application may automatically download and install updates, upgrades and additional features that the Developer deems reasonable, beneficial to you and/or reasonably necessary. You acknowledge and agree that any obligation the Developer may have to support the previous version(s) may be ended upon the availability of the update, upgrade and/or implementation of additional features. This License shall apply to any updates, upgrades and/or additional features that are not distributed with a separate license or other agreement.

    D. Reservation of Rights and Restrictions. The Application is licensed, and not sold, to you for use only under the terms of this License. Except as expressly licensed to you herein, the Developer reserves all right, title and interest in the Application and all software delivered through the Application (including all characters, storyline, images, photographs, animations, video, music, text), and all associated copyrights, trademarks, and other intellectual property rights therein. The License is limited to the intellectual property rights of the Developer and its licensors in the Application and does not include any rights to other patents or intellectual property. Except, and only to the extent that may be permitted under applicable law, you may not decompile, disassemble, or reverse engineer the Application by any means whatsoever, or alter, modify, enhance, or create a derivative work of the Application. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Application or software delivered through the Application.

  2. System Interaction. The following processes may be associated with the Application: FlashlightLite, FlashlightLiteService (Brilliant, Brilliant Service). The Application requires machine resources in order to perform and may impede the functionality of other software on your machine. The Application may slow and/or otherwise affect the performance of your machine and other software installed and/or running thereon. You may experience technical issues after installation of the Application. By installing the Application, you acknowledge and agree to the foregoing risks of use. IF YOU DO NOT AGREE TO AND ACKNOWLEDGE THESE POTENTIAL ISSUES, DO NOT INSTALL THE APPLICATION.

  3. Termination. This License is effective until terminated. Your rights under this License will terminate immediately and automatically without any notice from the Developer if (i) you fail to comply with any of the terms and conditions of this License; or (ii) the Developer ceases to support the Application. Promptly upon termination, you must cease all use of the Application and destroy all copies of the Application in your possession or control. The Developer’s termination will not limit any of the Developer’s other rights or remedies at law or in equity. Sections 2-13 of this License shall survive termination or expiration of this License for any reason.

  4. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE APPLICATION IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. THE DEVELOPER DOES NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE DEVELOPER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION; THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARE WILL BE INTEROPERATE OR THAT THE APPLICATION WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR THAT ANY ERRORS IN THE APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY THE DEVELOPER OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

  5. Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL THE DEVELOPER, ITS SUBSIDIARIES OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS LICENSE OR THE APPLICATION, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. In no event shall the Developer’s total liability to you for all damages (except as may be required under applicable law) exceed the amount actually paid by you for the Application.

  6. Limitation of Liability is a Material Term of this License. You agree that the provisions in this License that limit liability are essential terms of this License. The foregoing limitations of liability apply even if any remedies described in this License fail in their essential purpose.

  7. Severability and Survival. If any provision of this License is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions shall continue in full force and effect.

  8. Injunctive Relief. You agree that a breach of this License may cause irreparable injury to the Developer for which monetary damages would not be an adequate remedy and the Developer shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law.

  9. Entire Agreement. This License constitutes the entire agreement between you and the Developer with respect to the Application and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless made in writing and signed by the Developer. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder.In the event of a conflict between this License and any applicable purchase or other terms, the terms of this License shall govern.