TWG Flash Upload Freeware License Agreement ACKNOWLEDGMENT BY USING THIS FREEWARE VERSION OF 'TWG Flash Upload' YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LIMITED WARRANTY, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS' TERMS AND CONDITIONS. YOU ALSO AGREE THAT THE LIMITED WARRANTY IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDE ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THE LIMITED WARRANTY. Copyright Copyright for TWG Flash Upload by Michael Dempfle. Germany All rights reserved. You must treat the Software like any other copyrighted material. License This TWG Flash Upload Freeware License Agreement (the "Agreement") is a legal agreement between you ("Licensee"), the end-user, and Michael Dempfle for the use of the TWG Flash Upload software product ("Software"). Carefully read the following terms and conditions before using this Software. Unless you have a different license agreement signed by Michael Dempfle your use of this Software indicates your acceptance of this license agreement and warranty. For information on distributing the freeware version of this Software see the section titled Distribution. By using this Software or storing this program or parts of it on a computer hard drive (or other media), you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, delete the Software from all storage media. You may not alter this Software in any way. You may not decompile, reverse engineer, disassemble or otherwise reduce this Software to a human perceivable form besides the sample application which is stated as free to use in the header of the source code files. You may not modify, rent or resell for profit this Software, or create derivative works based upon this Software. Governing Law This agreement shall be governed by the laws of Germany. LIMITED WARRANTY AND DISCLAIMER OF WARRANTY Michael Dempfle EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED, OR NONINFRINGEMENT. THIS SOFTWARE IS NOT FAULT TOLERANT AND SHOULD NOT BE USED IN ANY ENVIRONMENT WHICH REQUIRES THIS. NO LIABILITY FOR DAMAGES. In no event shall Michael Dempfle be liable to you for any consequential, incidental or indirect damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this SOFTWARE EVEN IF AceBIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The entire risk arising out of use or performance of the SOFTWARE remains with you. Because of the various hardware and software environments into which TWG Flash Upload may be put, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. The liability OF Michael Dempfle for actual damages from any cause whatsoever, and regardless of the form of action (whether in contract, tort (including negligence), product liability or otherwise) WILL BE LIMITED TO ZERO, NOTHING. If any portion of this Agreement is deemed unenforceable by a Court of competent jurisdiction, it shall not affect the forcibility of the other portions of this Agreement. Distribution Provided that you verify that you are handling the original freeware version you are hereby licensed to make as many copies of the Freeware version of this Software and documentation as you wish for your personal non profit use. Distributing by any means, charging, or requesting donations for any such copies and distributing the Software and/or documentation with other products (commercial or otherwise) without prior written permission is prohibited, however made.