FUTURESCALE, INC. SOFTWARE LICENSE AGREEMENT:

PLEASE READ: BY DOWNLOADING, USING OUR SOFTWARE, OR PURCHASING SERVICES RELATED TO THE SOFTWARE, YOU ACCEPT THE TERMS AND CONDITIONS STATED BELOW IN A LEGALLY BINDING MANNER.

If you are obtaining the software as defined below on behalf of a company, you represent that you are duly authorized to represent the company and accept the terms and conditions of the agreement on behalf of the company. A binding contract is then formed between Futurescale, Inc. and the company in accordance with the terms of this agreement. You personally agree not to commit or encourage any violation of our agreement with the company.

If the company you represent or you (collectively "you") do not agree to the terms and conditions of this agreement, do not download or install the software.

PROPRIETARY RIGHTS AND CONDITIONS:
All right, title and interest including, but not limited to, copyright and other intellectual property rights in and to the software (including but not limited to all html, AS3, Flex, AIR, graphic/image, and text files) are owned by Futurescale, Inc. Such rights are protected by United States copyright laws, other applicable copyright laws, and international treaty provisions. Futurescale, Inc. retains all rights not expressly granted herein.

You may not redistribute, sell, decompile, reverse engineer, or disassemble the software. The software cannot be resold, redistributed, or offered as a service without explicit written permission from Futurescale, Inc. Futurescale, Inc. reserves the right to refuse permission to use this software product to any individual or company for any reason, and may do so without notice.   You may not remove any copyright notices in any of the source code, such as those in the demo Flex and AIR applications, this includes any references to Futurescale, Zarqon, futurescale.com, and zarqon.net. 

LICENSES:
The software will not run without a license issued by Futurescale, Inc., and an active Amazon Web Services account with the S3 Service turned on. The license issued to you by Futurescale, Inc. entitles you to use the Zarqon Control Center Application to maintain products and issue licenses from your own S3 account in accordance with the features purchased. Additionally it allows you to use the Zarqon API software library in your Zarqon-licensed application in accordance with its documentation. Finally,  a paid license issued to you by Futurescale, Inc. entitles you to access the confidential support forum for the Zarqon product. This license grants no other privileges.

DISCLAIMER OF WARRANTIES:
To the extent allowed by local law, this software is provided to you "as is" without warranties or conditions of any kind, whether oral or written, express or implied. Futurescale, Inc. specifically disclaims any implied warranties or conditions of merchantability, satisfactory quality, non-infringement and fitness for a particular purpose.

LIMITATION OF LIABILITY:
Except to the extent prohibited by local law, in no event will Futurescale, Inc., or it’s employees or officers be liable for direct, special, incidental, consequential or other damages (including lost profit, lost data, or downtime costs), arising out of the use, inability to use, or the results of use of the software, whether based in warranty, contract, tort or other legal theory, and whether or not advised of the possibility of such damages. Your use of the software is entirely at your own risk. Should the software prove defective, you assume the entire cost of all service, repair, or correction.

EXPORT LAW.
The LICENSED SOFTWARE and related technology may be subject to import/export control laws in your country and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export or import as may be required. Licensor cannot be held responsible for uses which may be illegal in the Licensee country, and Licensee also agrees, that the licensed software is not intended or licensed for such purposes.

RETURN POLICY:
The Zarqon software cannot be returned for a refund. Futurescale, Inc. makes available a free trial license with which you may make your purchase decision. Should you experience a problem with any purchased software, Futurescale, Inc. offers support services to assist with any technical issues. There are no refunds on any software that has been installed, downloaded, or emailed to you.

SUPPORT SERVICES:
Some software and services purchased from Futurescale, Inc may include limited free support (technical support, re-downloads, and free updates may be limited to 1 year from date of original qualifying purchase).  Unless stated otherwise, the free support is only available through our website/email.  If you require more advanced technical support or require telephone assistance, additional consulting services or a support plan may be required.  We reserve the right to change our support policy at anytime.  To contact our support dept. for assistance, click on "Contact Us" and use the Contact Wizard to send us your support request.

INSTALLATION:
You must make every attempt to safeguard your data and other files during installation, when upgrading, or when installing an update. Futurescale, Inc. does not assume responsibility for loss of data or any other losses that result from installation, upgrading, or updating of the software. Hard disks (including but not limited to all data or files related to Zarqon) should be backed up on a regular basis and should always be backed up before you begin any installation tasks.

GENERAL DISCLAIMER:
Futurescale, Inc. neither assumes nor accepts any liability for any loss, damage, theft, misuse, malfunction, etc. of your hardware or data or anything else that you may own regardless of the cause or reason for any such misfortune. Futurescale, Inc., it’s officers, and employees will not be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party. These policies, terms, and conditions may be subject to change without notice.