Open Freely 2.0.0.0

EULA - End User License Agreement

OPEN FREELY SOFTWARE LICENSE AGREEMENT

IMPORTANT:

This Open Freely Software License Agreement (the License) states the end user (the User, you, your) license terms and conditions for the Open Freely software application (the Application) available for download from the openfreely.com website (the Website). The Website is owned and operated by Download Freely, LLC, a Delaware limited liability company (DF, we, our). The Application is owned and distributed by DF and its licensors.

PLEASE READ THIS LICENSE CAREFULLY IN ITS ENTIRETY. YOU ARE REQUIRED TO ACCEPT THE TERMS OF THIS LICENSE BEFORE YOU CAN DOWNLOAD THE APPLICATION FROM THE WEBSITE. YOU MUST CLICK THE ACCEPT WHEN SHOWN THIS LICENSE DURING THE DOWNLOAD PROCESS TO ACCEPT IT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE, YOU CAN NOT DOWNLOAD ANY APPLICATIONS.

LICENSE AND RESTRICTIONS

We hereby grant you a limited, nonexclusive, nontransferable, license to use one copy of the Application for your own personal or business purposes. Unless the License specifically states otherwise, you may not: (a) modify, translate, or create derivative works of the Application; (b) decompile or reverse engineer any portion of the Application or attempt to discover any source code or underlying ideas or algorithms of the Application; (c) sell, assign, sublicense, rent, lease, loan, provide, distribute, or otherwise transfer all or any portion of any Application; (d) make, have made, reproduce, or copy the Application other than for archival or backup purposes; (e) remove or alter any trademark, logo, copyright or other proprietary notices appearing in any Application computer files or display screens; (f) cause or permit any other party to do any of the foregoing; or (g) engage in any other conduct that, directly or indirectly, violates the terms of this License.

MAJORITY AGE

Use of all Application is expressly restricted to Users who are at least 18 years of age.

OWNERSHIP

DF owns the Application and all patent, copyright, moral rights, trademarks, trade secrets, and other intellectual property rights in and to them which are recognized by any jurisdiction, or DF has sufficient rights from its licensors so that it may distribute the Application to Users. The Application is licensed and not sold to you. We reserve all rights not expressly granted to you under this License.

OPEN SOUCE AND FREE SOFTWARE

The Application is based incorporates software tools, components, or applications which we have licensed under open source or free software licenses (collectively, the Open Source Software). Use of the Open Source Software is subject the terms of the license agreement under which it is distributed by the owner of the Open Source Software. The following web page lists and has license information for all Open Source Software incorporated into the Application: http://www.openfreely.com/source.html. Any open source software files which we are required to distribute with the Application are included with your download files.

USE OF DATA

Our privacy policy (www.openfreely.com/privacy.html) describes the information we collect, the information you might submit, how we use such information and under what conditions we might share such information with others. You acknowledge that we may compile non-personal information about how you use the Application. You agree that we are authorized to use, reproduce and generally make such information available to third parties in the aggregate, provided that no personally identifiable information about you or other Users is disclosed.

TERM AND TERMINATION

This License is effective and legally binding on the date you accept it and will continue in force until terminated. You may terminate this License at any time by permanently deleting the Application from your computer and by deleting all backup or archival copies of the Application. This License will terminate immediately without notice from us if you fail to comply with any provision of this License or any applicable Open Source Software license.

DISCLAIMER OF WARRANTIES

THE APPLICATION IS PROVIDED TO YOU ON AN AS IS AND AS AVAILABLE BASIS. ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, ARE HEREBY DISLAIMED, INCLUDING ANY WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR AGAINST INFRINGEMENT.

LIMITATION OF LIABILITY

IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE APPLICATION. WE WILL HAVE NO MONETARY LIABILITY TO YOU FOR ANY PURPOSE RELATED TO THE USE OR LICENSING OF THE APPLICATION UNLESS WE HAVE EXPRESSLY AGREED TO ASSUME SUCH LIABILITY.

INDEMNIFICATION

You will indemnify, defend, and hold us, our affiliates, and licensors, and each of their respective officers, managers, directors, agents, independent contractors, employees, consultants, service providers, and applicable third parties (collectively, the Indemnified Parties) harmless from and against any actual or threatened suit, demand or claims, damages, costs, liabilities and expenses arising out of or relating to: (a) your use of the Application; (b) your failure to perform your obligations under this License; or (c) the use of the Application any other third party user who has access to your computer or any other electronic device on which the Application is installed.

CONTACT US

If you have any questions about the Application or the Website, please send an email to contact@openfreely.com.

GENERAL

This License constitutes the entire agreement between the parties and supersedes any and all prior proposals, agreements, or communications with respect to its subject matter. This License may only be changed with the express authorization of DF. You may not assign or otherwise transfer this License to anyone. This License shall be governed by the laws of the State of New York without regard to that states conflict of laws provisions. The parties hereby disclaim the application of the 1980 U.N. Convention on Contracts for the International Sale of Goods. The English language version of this License will be controlling in the interpretation or application of the terms of this License. Les parties aux prsentes ont exig que le prsent contrat soit rdig en langue anglaise. If this License is found invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain in full force and effect, and the invalid provision will be enforced to the maximum extent permitted by law as necessary to effect the intent of the License. All notices required under this License will be in writing and deemed to have been duly made when personally served, delivered by a nationally-recognized next-day courier service, or five (5) days after mailing via U.S. Certified First Class Mail or its international equivalent. Notices shall be sent to DF at the address show on the contact page of the Website. DF will send notice to Users at the address to which the User has requested notices be sent in a written notice sent to DF.

Last Revised: August 11, 2011.

Copyright 2011 Download Freely, LLC