SVNFlash End User License Agreement (EULA)

All the provisions of these terms and conditions ("Agreement") shall apply between you (as "Licensee") and SVNFlash.

Please read the following Agreement carefully.

By clicking on "Accept" or by downloading or installing any of SVNFlash's Software, you indicate that you have read and accept the provisions of the Agreement and that you agree to be bound by all terms and conditions set forth herein. If you do not agree to the terms of this Agreement, do not download, install, copy or otherwise use the Software.

SVNFlash has developed and licenses its software program (the "Software").

Licensee desires to utilize a copy of the Software.

NOW, THEREFORE, in consideration of the mutual promises set forth herein, SVNFLash and Licensee agree as follows:

1. Software
The Software, including but not limited to the code, updates, sample programs,license keys, associated files and documentations (collectively, the "Software"), is owned by SVNFlash and is protected by international copyright and other laws. The Software is licensed to you, not sold, and may be used by you only in accordance with the terms and conditions of this Agreement.

2. License.
SVNFlash hereby grants to Licensee a perpetual, non-exclusive, limited license to use the Software world-wide as set forth in this Agreement.

3. Restrictions.
Licensee shall not modify, copy, duplicate, reproduce, license or sublicense the Software, or transfer or convey the Software or any right in the Software to anyone else without the prior written consent of SVNFlash; provided that Licensee may make one copy of the Software for backup or archival purposes.

4. Fee.
In consideration for the grant of the license and the use of the Software, Licensee agrees to pay SVNFlash the sum of license fee.

5. Warranty of Title.
SVNFlash hereby represents and warrants to Licensee that SVNFlash is the owner of the Software or otherwise has the right to grant to Licensee the rights set forth in this Agreement. In the event any breach or threatened breach of the foregoing representation and warranty, SVNFlash shall, at its expense and at its sole discretion or to either: i) procure for Licensee the right to use the Software, ii) replace the Software or any part thereof that is in breach and replace it with Software of comparable functionality that does not cause any breach, or iii) refund to Licensee the full amount of the license fee upon the return of the Software and all copies thereof to SVNFLash.

6. Warranty of Functionality.
For a period of thirty (30) days following delivery of the Software to Licensee (the "Warranty Period"), SVNFlash warrants that the Software shall perform in all material respects according to the SVNFlash's specifications concerning the Software when used with the appropriate computer equipment. In the event of any breach or alleged breach of this warranty, Licensee shall promptly notify SVNFlash and return the Software to SVNFlash at Licensee's expense. Licensee's sole remedy shall be that SVNFlash shall correct the Software so that it operates according to the warranty. This warranty shall not apply to the Software if modified by anyone or if used improperly or on an operating environment not approved by SVNFlash.

7. Software Maintenance.
A. Standard maintenance. During the Warranty Period, SVNFlash shall provide to Licensee any new, corrected or enhanced version of the Software as created by SVNFlash. Such enhancement shall include all modifications to the Software which increase the speed, efficiency or ease of use of the Software, or add additional capabilities or functionality to the Software, but shall not include any substantially new or rewritten version of the Software. Free trial or evaluation licenses, and beta versions of Software are not eligible for SVNFlash support and maintenance services.

B. Optional maintenance. After expiration of the Warranty Period, Licensee may continue to receive maintenance support for successive twelve (12) month periods. The charge for such optional maintenance support shall be SVNFlash's regular list price for maintenance and support for the Software as published from time to time by SVNFlash. Licensee shall notify SVNFlash in writing if it desires to receive optional maintenance. If Licensee fails to take optional maintenance and later elects to receive it, SVNFlash reserves the right to charge Licensee its maintenance fees for the period of the lapse in maintenance. SVNFlash may elect to discontinue maintenance at any time upon notice to Licensee, and refund of any then unearned maintenance fees.

8. Payment.
All purchases will be processed through Plimus. Plimus is under contract with SVNFlash to process online orders and collect payments for SVNFlash products. You will receive a bill from Plimus. Your license key will be delivered by email from SVNFlash after processing of your order and receipt of your payment confirmation from Plimus.

9. Taxes.
Prices shown do not include any duties, sales, use, excise or similar taxes. All taxes shall be added to prices shown and Licensee agrees to pay same. In addition to all other amounts due hereunder, Licensee shall also pay to SVNFlash, or reimburse SVNFlash as appropriate, all amounts due for property tax on the Software and for sales, use, excise taxes or other taxes which are measured directly by payments made by Licensee to SVNFlash.

10. Warranty Disclaimer.
SVNFLASH'S WARRANTIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

11. Limitation of Liability.
SVNFlash shall not be responsible for, and shall not pay, any amount of incidental, consequential or other indirect damages, whether based on lost revenue or otherwise, regardless of whether SVNFlash was advised of the possibility of such losses in advance. In no event shall SVNFlash's liability hereunder exceed the amount of license fees paid by Licensee, regardless of whether Licensee's claim is based on contract, tort, strict liability, product liability or otherwise.  No warranty is made regarding the results obtained by the use of the Software, that all errors in Software will be corrected, or that the Software's functionality will meet Licensee's requirements.

SVNFlash is not an insurer with regard to the performance of the Software. The limitations of warranties, liabilities and remedies are a reflection of the risks assumed by the parties in order to obtain the Software at the specified price.

12. Governing Law.
This Agreement shall be construed and enforced in accordance with the laws of the state of Spain.

13. No Assignment.
Neither this Agreement nor any interest in this Agreement may be assigned by Licensee without the prior express written approval of SVNFlash.

14. Final Agreement.
This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties.

15. Severability.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.

16. Headings.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.