Flynax Software EULA
This End User License Agreement ("EULA") is a legal Agreement between you, either represented by an individual or a legal entity, and Flynax Company ("Company"). The End User License Agreement describes the terms, conditions and notices under which you may use Flynax Software. You are entitled to use Flynax Software conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Any translation of this License done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern.
You shall make sure that your hosting service meets the following system requirements for Flynax Software:
- Linux/Unix/Windows OS (Linux or Unix is recommended)
- PHP 5.3 or higher
- Apache Server 2.0.0 or higher / NGINX server
- MySQL 5.0.0 or higher
- PHP GD Library 2.x
- Cron Jobs
- Around 1GB free space + space for media data
- Apache Rewrite Module (Recommended)
- cURL Library (Recommended)
- PHP MB String module (Recommended)
The Company does not take any responsibility for technical problems arising out of or in connection to hosting service being unable to meet the Software system requirements. You will not be refunded in case of such failure.
Your Account (Customer Area)
Your account is created automatically after placing the order. The account in Flynax Customer Area keeps all information about the product(s) you purchased and some of your personal data that you need for communicating with Flynax Team like name, email etc. You may have only one (1) account for a copy or a few copies of the Software. We'll send your login details to the Customer Area once your payment is confirmed by our Company. You are responsible for remembering your Customer Area login details: username and password.
You are not allowed to share your Customer Area login details with anyone, or allow anyone other than you personally access or use your Flynax Account.
Transfer of Account
You are not entitled to transfer or sell login details to your Customer Area Account nor to your site to another person.
Suspension of Account
Without limiting Flynax Company's rights, the Company may immediately, and without prior notice, discontinue or suspend access to the Customer Area through your Account, and any and all other Accounts that share the name, email address, internet protocol address or credit card number with the discontinued or suspended Account, in case of a breach of the EULA by You (See below).
You are granted single-domain, non-exclusive, non-transferable license for one domain or IP address, all its sub-domains (www.yourdomain.com, sales.yourdomain.com, tech.yourdomain.com, etc.), all its ports (yourdomain.com, yourdomain.com:8000, etc.), and for localhost (http://localhost/...) under the EULA. Installation of one license for more than one domain or IP address can be deemed to be a violation of the EULA and reason for its immediate termination. Termination of the EULA triggers immediate suspension of your account. Sharing the Software at other sites, blogs, forums and warez sites and similar is not permitted and can be deemed to be a reason for account suspension and criminal liability for copyright infringement.
Use of Software
As a condition of your use of Flynax Software, you guarantee the Company that you will not use Flynax Software for any purpose that is unlawful or prohibited by this EULA.
You may not use Flynax Software in any manner which could damage, disable, overburden, or impair its source code or interfere with any other party's use and enjoyment of Flynax Software.
Flynax Company does not assume responsibility for bugs, which might result from use of third party applications, poorly compatible with Flynax Software or non-compatible at all.
The Company cannot be held responsible for loss of customizations, which can be overwritten when upgrading your site.
You assume full responsibility for copyright protection of Flynax Software when dealing with third party developers that get access to source code of the Software.
Transfer of License
This EULA prohibits selling, licensing, or otherwise distributing the source code of the script contained in Flynax Software, either in full or any subpart thereof or as part of another application that you either sell, license, or otherwise distribute via any method.
In view of the fact that Flynax Company offers a non-tangible irrevocable product, software, it refuses to meet your refund claims once your login details to the Customer Area were emailed to You. You are responsible for understanding this before purchasing any of the products offered at www.flynax.com. It also should be noted that your eligibility for a refund is negated by the fact that you are given the opportunity to test a Flynax demo version of every product offered by Flynax Company for evaluation purpose, or request a fully functional Flynax trial version run on Flynax server.
You are eligible for a partial refund for services ordered from Flynax Company if it is unable to provide them due to some circumstances or if it failed to find an alternative to canceled services. The amount of refund for partly provided Services (template development and integration, hosting, support, management, customizations, seo and marketing and all other services provided by Flynax) is calculated based on the amount of services ready to be delivered (template development and integration, customizations, marketing and similar services) or already delivered over a particular time period (hosting, management, support and similar services):
- If the Company delivered less than half of agreed amount of services the amount to be retained by the Company is rounded off to 50%. In this case you will get a 50% refund.
- You are not eligible for a refund if the Company provided more than 50 per cent of services.
Please note that we do not bear any responsibility and therefore we do not satisfy any refund requests based on incompatibility of our products with third party software other than those that are specified as compatible on the System Requirements page. We do not guarantee that our products are fully compatible with any third party software; we do not fix bugs or compatibility issues associated with use of for third party applications. Although we might adjust Flynax Software to make it compatible with third party software unless it takes more than 2-3 hours.
Failure of your hosting service to meet the Software system requirements cannot be regarded as a condition for a refund.
The white screen problem that you might encounter when installing the Software on your server cannot be regarded as a bug in the Software but a failure of some ftp clients (specifically Filezilla) to transfer the files of Flynax Software to a server; the issue can be easily fixed by Flynax Team within a short time.
Support is a paid service provided by Flynax Company. With the purchase of the Software Solution you are given a month of free support, which can be further extended from the Customer Area.
Flynax Support includes guidance on the Software, which you can get through live chat, ticket system, forum, contact form and Flynax Manual, and making minor changes to the Software that take no longer than 30 minutes. Changes that take longer are regarded as customizations and need to be quoted on a case-by-case basis. Attempts to split a customization to a particular module taking more than 30 minutes into 20-30 minute changes might result in an increase in cost of subsequent customizations.
If for some reason you are unwilling to purchase support, either for a month or a support package, you can always get a quote for making a particular change or fixing a particular issue, which in case of multiple changes or issues might come to be more expensive.
In case of expiration of your support period you cannot use live chat, ticket system or contact form except for cases when you want to order a customization or you experience an issue(s) with Flynax Software.
Flynax shall fix any issues that Flynax Software might exhibit during its operation. Fixing bugs caused by unsuccessful changes made either by you or any other third party is not covered by Flynax support, and shall be quoted separately.
Flynax shall not be held responsible for being unable to makes changes or fix issues in case of your refusal to provide ftp, cpanel or admin login details.
The Company does not provide support on the phone in order to avoid misunderstanding and ensure availability of information to other members of Flynax Team.
Flynax Support does not cover:
* Updating and upgrading;
* Fixing bugs caused by you or by third parties;
* Customizations to the source code, templates and plugins;
* Translation to other languages.
Although some of the things listed above can be done by Flynax for extra charge.
Customizations to Flynax Software
Flynax Team can customize Flynax Software based on a requirements specification provided by You and agreed between Flynax Company and You.
When customizing your script Flynax Company shall follow your requirements specification strictly. Flynax Team shall rebuild a customization inconsistent with your requirements specification in view of misunderstanding on Flynax part at no extra charge for you.
Customizations/changes implied but not clearly specified in a requirements specification cannot be regarded as part of a requirements specification and shall be quoted separately.
Flynax Company refuses to finish or modify customizations to Flynax Software implemented by third party developers no matter at what stage of completeness they are. Customizations to Flynax Software by third party developers, whether they need to be finished or modified, must be quoted and rebuilt by Flynax Team from scratch.
Fixing bugs resulting from inconsistencies between third party customizations to Flynax Software and ones implemented by Flynax Team shall be quoted separately.
You shall provide a clear and structured description of customizations you want to order from Flynax Company. Before customizing the Software the Company shall clarify all doubtful points based on perception and knowledge of Flynax Team. The Company shall not be held responsible for your inability to clearly express your ideas and thoughts, nor shall the Company be held responsible for customizations made according to a poorly worded requirements specification.
Requirements specification cannot be modified without Company's consent once agreed between You and the Company. That is, adding new and modifying already agreed points of a requirements specification shall be agreed between You and the Company.
The Company, at its discretion, may either quote a modification to your requirements specification or make it at no extra charge.
Any modifications/additions to customizations already implemented and delivered according to your requirements specification shall be quoted on a case-by-case basis.
As it is impossible to set a specific deadline for a customization in view of the nature of coding the Company reserves the right either to shorten or extend a deadline.
While developing a customization the Company might ask you to answer some of its questions or provide data. The Company shall not be held responsible for falling behind a deadline in view of delayed answers or data.
After delivery of a customization you shall test it and make a list of comments, if any, backed up with screenshots.
Flynax Team shall fix bugs based on your list of comments made within an agreed requirements specification.
The Company refuses to discuss customizations to Flynax Software on the phone (skype) in order to keep track of history, ensure availability of data to other members of Flynax Team and avoid misunderstanding.
Use of third party software
Use of third party software in a development process can result in failures and compatibility issues. Flynax Company can adjust the Software to make it compatible with third party software within agreed customizations. Flynax Company reserves the right to quote on adjusting if it takes more than 2-3 hours.
Every customization made by Flynax Team is followed by debugging. Debugging is a two-sided process: the Company, on its end, shall deliver a customization and test it while You shall test a customization on your end. Debugging must be done within half a period of the time that was spent for developing a customization. Bugs and errors found after the period of debugging will be given lower priority.
The Company shall fix bugs that Flynax Software might exhibit after applying customizations.
The Company does not assume responsibility for bugs that resulted from use of third party applications. The Company, at its sole discretion, can either refuse to fix bugs, which resulted from use of third party applications or unsuccessful customizations by You or any third party to the source code or recover the system based on an agreed quote (shall be evaluated on a case-by-case basis).
You shall provide the following information to the Company at its request: control panel, phpMyAdmin, ftp and MSQL login details. Unwillingness to provide such information shall be deemed to be a refusal of bug fixing. The Company refuses to fix bugs under test account regardless of any safety reasons.
Use of customizations in Flynax Software
The Company reserves the right to include a customization(s) requested by You and implemented by the Company in Flynax Software or Plugins if such customization(s) (a new function) aroused Company’s interest and was suggested by other Flynax prospects and customers.
Following Flynax policy for ongoing improvement of Flynax products the Company is ready to implement a large customization(s) ordered by You for half price conditioned that it will be included in an upcoming update/upgrade or a plugin, which will be further shared with other Flynax customers. The Company reserves the right to include a requested customization(s) in Flynax Software even if it was canceled by You.
Likewise Flynax Company is ready to refund 50% of the original cost of a delivered customization at your request if it had been included in an upcoming update/upgrade or plugin released within half a year after customization delivery. Customizations identified to have been shared through an update/upgrade or a plugin after a six month period are non-refundable.
Under no circumstances can the Company be held responsible or sued for inclusion or sharing your ideas and functionality, which are claimed to be unique, with other Flynax customers based on the following statements:
1. Uniqueness of your idea(s) and functionality of your website is maintained until ordered by another Flynax customer. Flynax never offers ideas and already implemented customizations of customers to other Flynax customers as individual customizations protecting uniqueness of your ideas and customizations in a passive manner.
2. In the majority of cases, except for those implemented for half price, inclusion of new features in Flynax Software and Plugins is triggered by best practice in the area of classifieds software and suggestions that Flynax Company gets from its prospects or customers.
3. Flynax Company keeps its own list of features to be added; some ideas and features on Flynax list might be similar to yours.
Delivery of customizations
Flynax Company refuses to deliver customizations to test accounts regardless of any safety reasons.
All Flynax Plugins are designed, tested and configured to run on a default version of Flynax Software. Customizations made to the source code can interfere with functionality of some Plugins causing errors and malfunctions. In this case you should be aware of such problems that you might encounter after customizing your Software. Adjusting Plugins to customized Software shall be quoted on a case-by-case basis, and cannot be regarded as part of a quote for Software customizations.
The Company, at your request, can provide you with a release candidate version of a Plugin. The Company shall inform you of implications of use of release candidate versions on your site. In no way shall the Company be held responsible for failures or issues caused by use of a release candidate version on your site.
Amendments to EULA
The Company reserves the right, at its sole discretion, to amend the terms, conditions and notices from time to time under which Flynax Software is offered, and inform you about changes at http://www.flynax.com/forum/
The Company has the right to increase the monthly fees associated with support of Flynax Software taking into account new modifications made to the package without prior notice.
If the amendment alters a material term of the EULA that is unacceptable to you, you may, as your sole and exclusive remedy, terminate the EULA and close your Account as described in the termination section below.
Termination of EULA
Flynax Company may terminate the EULA, close all your Accounts, and cancel all rights granted to you under the EULA if: (i) you shared the Software Package at other sites, blogs and forums and similar resources; (ii) you or anyone using any of your Accounts materially breaches the EULA, makes any unauthorized use of the Customer Area or Software, or infringes the rights of Flynax Company; or (iii) Flynax Company becomes aware of activities under your Account that are, in Flynax opinion, inappropriate or in violation of the "EULA". Such termination shall be effective upon notice transmitted to you by email.
Flynax Company reserves the right to terminate any and all other Accounts that share the name, phone number, e-mail address, internet protocol address or credit card number with the closed Account. Termination by Flynax Company under this section shall be without prejudice to or waiver of any and all of Company's other rights or remedies, all of which are expressly retained, survive termination, and are cumulative. You will not receive a refund for a termination pursuant to this section.
Anytime You may terminate the EULA with regard to any or all of your Accounts at any time, upon notice to Flynax Company by email. You will not receive a refund for the Software Solution in case of such termination.
Privacy and Confidentiality
The Company collects personally identifiable information, such as your e-mail address, name, home/work address and zip code.
The Company is committed to protecting your privacy and guarantees that personal information transmitted to the System, including without limitation information in your Account, will not be disclosed to any third parties.
Flynax Company may also contact you using the information you provided to, for example, provide technical support, respond to your inquiries and offer products and services.
Additionally, Flynax Company may disclose information about you to law enforcement or other government officials, as Flynax Company, at its sole discretion, deems necessary or appropriate to investigate or resolve possible crimes or to respond to judicial, regulatory, agency or similar inquiries.
Limitation of Liability
The Company is not responsible for:
- Uploaded files that contain viruses, corrupted files, or any other similar software or applications that may damage the operation of your server.
- Conduct or forward surveys, contests, pyramid schemes on your website.
The Company does not control or endorse the content, messages or information found in any web pages on your website and, therefore, the Company specifically disclaims any liability with regard to any actions resulting from your activity.
The Company does not take any responsibility for development of your business, booming, slacking, business recession and bankruptcy.
Managers and technical staff are not authorized to reflect the full and official Company's point of view in particular matters.
To the maximum extent permitted by applicable law, in no event shall the Company be liable to you for any direct, indirect, punitive, incidental, special, consequential damages, claims or costs or any lost profits or lost savings or for any claim by any third party whatsoever including, without limitation, damages for loss of use, data or profits, arising out of any way connected with use or performance of Flynax Software, with the delay or inability to use Flynax Software or related services, the provision of failure to provide services, or for any information, products, services obtained through Flynax Software, or otherwise arising out or in connection to use of Flynax Software, whether based on contract, tort, negligence, strict liability or otherwise.
Governing Law and Exclusive Forum
The EULA, and the rights and obligations of the parties hereto, shall be governed and construed by and in accordance with the laws of Illinois, USA.
The sole and exclusive forum for resolving any controversy, dispute or claim arising out of or relating to the EULA, or otherwise relating to any rights in, access to or use of the Software and/or the rights and obligations of the parties hereto, shall be the District Court of Chicago, USA. You hereby expressly waive and agree not to raise any and all objections based on personal jurisdiction, venue and/or inconvenience of such forum and agree to the jurisdiction of the District Court of Chicago, Illinois, USA.