Novicorp WinToFlash (x86)

END-USER LICENSE AGREEMENT FOR NOVICORP 
SOFTWARE

IMPORTANT-READ CAREFULLY: This End-User 
License Agreement ('EULA') is a legal 
agreement between you (either an individual 
or a single entity) and Novicorp
or one of its affiliates ('Novicorp') for 
the Novicorp software that accompanies this 
EULA, which includes computer software and 
may include associated media, printed 
materials, 'online' or electronic 
documentation, and Internet-based services 
('Software'). An amendment or addendum to 
this EULA may accompany the Software. 

YOU AGREE TO BE BOUND BY THE TERMS OF THIS 
EULA BY INSTALLING, COPYING, OR OTHERWISE 
USING THE SOFTWARE. IF YOU DO NOT AGREE, DO 
NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU 
MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A 
FULL REFUND, IF APPLICABLE.

1. GRANT OF LICENSE. Novicorp grants you 
the following rights provided that you comply 
with all terms and conditions of this EULA:

 1.1 Installation and use. You may install, 
use, access, display and run one copy of the 
Software on a single computer, such as a 
workstation, terminal or other device 
('Workstation Computer'). 

 1.2 Mandatory Activation. Activation 
associates the use of the Software with a 
specific Workstation Computer. During 
activation, the Software will send 
information about the Software and the 
Workstation Computer to Novicorp. This 
information includes the version, language 
and product key of the Software, the Internet 
protocol address of the Workstation Computer, 
and information derived from the hardware 
configuration of the Workstation Computer. 
By using the Software, you 
consent to the transmission of 
this information. 

1.3 Validation. The Software may check 
periodically whether a properly licensed copy 
of the Software is installed. Validation may 
be required for certain Novicorp software to 
be downloaded, installed or used. 
If the software detects that a properly 
licensed copy of the Software is not 
installed, you will receive a notification 
and periodic reminders to install a properly 
licensed copy of the Software. During or 
after a validation check, the Software may 
send information about the Software, the 
device and the results of the validation 
check to Novicorp. This information includes,
for example, the version and product key of 
the Software, any unauthorized changes made 
to the validation, licensing or activation 
functions of the Software, any related 
malicious or unauthorized software found and 
the Internet protocol address of the device. 
Novicorp does not use the information to 
identify or contact you. By using the 
Software, you consent to the transmission of 
this information. 

2. INTERNET-BASED SERVICES. Novicorp 
provides Internet-based services with the 
Software. It may change or cancel them at any 
time. 

 2.1 Consent for Internet-Based Services. 
The software features described below in 
section 2.2 and in the Privacy Statement 
connect to Novicorp or service provider 
computer systems over the Internet. In some 
cases, you will not receive a separate notice 
when they connect. You may switch off these 
features or not use them. By using these 
features, you consent to the transmission of 
this information. Novicorp does not use the 
information to identify or contact you.

 2.2 Computer Information. The following 
features use Internet protocols, which send 
to the appropriate systems computer 
information, such as your Internet protocol 
address, the type of operating system, 
browser and name and version of the software 
you are using, and the language code of the 
Workstation Computer where you installed the 
software. Novicorp uses this information to 
make the Internet-based services available to 
you.

· Novicorp Update. To enable the proper 
functioning of the Update service in 
the Software (if you use it), updates or 
downloads to the Update service will 
be required from time to time and downloaded 
and installed without further notice to you.

· Web Content Features. Under the Software's 
default configuration, if you are connected 
to the Internet, several features of the 
Software are enabled by default to retrieve 
content from Novicorp computer systems and 
display it to you. When you activate such a 
feature, it uses standard Internet protocols, 
which transmit the type of operating system, 
browser and language code of your Workstation 
Computer to the Novicorp computer system so 
that the content can be viewed properly from 
your Workstation Computer. These features 
only operate when you activate them, and you 
may choose to switch them off or not use them.

 2.3 Use of Information. Novicorp may use 
the computer information to improve our 
software and services. We may also share it 
with others, such as hardware and software 
vendors. They may use the information to 
improve how their products run with Novicorp 
software.

 2.4 Misuse of Internet-based Services. You 
may not use these services in any way that 
could harm them or impair anyone else's use 
of them. You may not use the services to try 
to gain unauthorized access to any service, 
data, account or network by any means.

3. RESERVATION OF RIGHTS AND OWNERSHIP. 
Novicorp reserves all rights not expressly 
granted to you in this EULA. The Software is 
protected by copyright and other intellectual 
property laws and treaties. Novicorp or its 
suppliers own the title, copyright, and other 
intellectual property rights in the Software. 
The Software is licensed, not sold.

4. LIMITATIONS ON REVERSE ENGINEERING, 
DECOMPILATION, AND DISASSEMBLY. You may not 
reverse engineer, decompile, or disassemble 
the Software, except and only to the extent 
that such activity is expressly permitted by 
applicable law notwithstanding this 
limitation.

5. NO RENTAL/COMMERCIAL HOSTING. You may not 
rent, lease, lend or provide commercial 
hosting services with the Software.

6. LINKS TO THIRD PARTY SITES. You may link 
to third party sites through the use of the 
Software. The third party sites are not under 
the control of Novicorp, and Novicorp is 
not responsible for the contents of any third 
party sites, any links contained in third 
party sites, or any changes or updates to 
third party sites. Novicorp is not 
responsible for webcasting or any other form 
of transmission received from any third party 
sites. Novicorp is providing these links to 
third party sites to you only as a 
convenience, and the inclusion of any link 
does not imply an endorsement by Novicorp of 
the third party site.

7. ADDITIONAL SOFTWARE/SERVICES. This EULA 
applies to updates, supplements, add-on 
components, product support services, or 
Internet-based services components, of the 
Software that you may obtain from Novicorp 
after the date you obtain your initial copy 
of the Software, unless you accept updated 
terms or another agreement governs. Novicorp 
reserves the right to discontinue any 
Internet-based services provided to you or 
made available to you through the use of the 
Software.

8. UPGRADES. To use Software identified as 
an upgrade, you must first be licensed for 
the software identified by Novicorp as 
eligible for the upgrade. After upgrading, 
you may no longer use the software that 
formed the basis for your upgrade eligibility.

9. NOT FOR RESALE SOFTWARE. Software 
identified as 'Not For Resale' or 
'Engineering Release' or 'NFR,' may 
not be sold or otherwise transferred for 
value, or used for any purpose other than 
demonstration, test or evaluation.

10. ACADEMIC EDITION SOFTWARE. To use 
Software identified as 'Academic Edition' or 
'AE,' you must be a 'Qualified Educational 
User.' For qualification-related questions, 
please contact the Novicorp Sales 
Information Center or the Novicorp subsidiary 
serving your country.

11. END USER PROOF OF LICENSE. If you 
acquired the Software on a compact disc or 
other media, a genuine Novicorp 'Proof of 
License' label with a genuine copy of the 
software identifies a licensed copy of the 
Software. To be valid, the label must appear 
on Novicorp software packaging. If you 
receive the label separately, it is invalid. 
You should keep the packaging that has the 
label on it to prove that you are licensed to 
use the Software.

12. SOFTWARE TRANSFER. Internal. You may 
move the Software to a different Workstation 
Computer. After the transfer, you must 
completely remove the Software from the 
former Workstation Computer. Transfer to 
Third Party. The initial user of the Software 
may make a one-time permanent transfer of 
this EULA and Software to another end user, 
provided the initial user retains no copies 
of the Software. This transfer must include 
the Software and the Proof of License label. 
The transfer may not be an indirect transfer, 
such as a consignment. Prior to the transfer, 
the end user receiving the Software must 
agree to all the EULA terms.

13. TERMINATION. Without prejudice to any 
other rights, Novicorp may terminate this 
EULA if you fail to comply with the terms and 
conditions of this EULA. In such event, you 
must destroy all copies of the Software and 
all of its component parts.

14. NOTICE REGARDING SECURITY. To help 
protect against breaches of security and 
malicious software, periodically back up your 
data and system information, use security 
features such as firewalls, and install and 
use security updates.

15. LIMITED WARRANTY FOR software. 

Novicorp warrants that the Software will 
perform substantially in accordance with the 
accompanying materials for a period of ninety 
(90) days from the date of receipt. 

If an implied warranty or condition is 
created by your state/jurisdiction and 
federal or state/provincial law prohibits 
disclaimer of it, you also have an implied 
warranty or condition, BUT ONLY AS TO DEFECTS 
DISCOVERED DURING THE PERIOD OF THIS LIMITED 
WARRANTY (NINETY DAYS). AS TO ANY DEFECTS 
DISCOVERED AFTER THE NINETY-DAY PERIOD, THERE 
IS NO WARRANTY OR CONDITION OF ANY KIND. Some 
states/jurisdictions do not allow limitations 
on how long an implied warranty or condition 
lasts, so the above limitation may not apply 
to you.

Any supplements or updates to the Software, 
including without limitation, any (if any) 
service packs or hot fixes provided to you 
after the expiration of the ninety day 
Limited Warranty period are not covered by 
any warranty or condition, express, implied 
or statutory.

LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR 
OTHER DAMAGES. Your exclusive remedy for any 
breach of this Limited Warranty is as set 
forth below. Except for any refund elected by 
Novicorp, YOU ARE NOT ENTITLED TO ANY 
DAMAGES, INCLUDING BUT NOT LIMITED TO 
CONSEQUENTIAL DAMAGES, if the Software does 
not meet Novicorp's Limited Warranty, and, 
to the maximum extent allowed by applicable 
law, even if any remedy fails of its 
essential purpose. The terms of Section 17 
('Exclusion of Incidental, Consequential and 
Certain Other Damages') are also incorporated 
into this Limited Warranty. Some 
states/jurisdictions do not allow the 
exclusion or limitation of incidental or 
consequential damages, so the above 
limitation or exclusion may not apply to you. 
This Limited Warranty gives you specific 
legal rights. You may have other rights which 
vary from state/jurisdiction to 
state/jurisdiction. YOUR EXCLUSIVE REMEDY. 
Novicorp's and its suppliers' entire 
liability and your exclusive remedy for any 
breach of this Limited Warranty or for any 
other breach of this EULA or for any other 
liability relating to the Software shall be, 
at Novicorp's option from time to time 
exercised subject to applicable law, (a) 
return of the amount paid (if any) for the 
Software, or (b) repair or replacement of the 
Software, that does not meet this Limited 
Warranty and that is returned to Novicorp 
with a copy of your receipt. You will receive 
the remedy elected by Novicorp without 
charge, except that you are responsible for 
any expenses you may incur (e.g. cost of 
shipping the Software to Novicorp). This 
Limited Warranty is void if failure of the 
Software has resulted from accident, abuse, 
misapplication, abnormal use or a virus. Any 
replacement Software will be warranted for 
the remainder of the original warranty period 
or thirty (30) days, whichever is longer, and 
Novicorp will use commercially reasonable 
efforts to provide your remedy within a 
commercially reasonable time of your 
compliance with Novicorp's warranty remedy 
procedures. 

16. DISCLAIMER OF WARRANTIES. The Limited 
Warranty that appears above is the only 
express warranty made to you and is provided 
in lieu of any other express warranties or 
similar obligations (if any) created by any 
advertising, documentation, packaging, or 
other communications. Except for the Limited 
Warranty and to the maximum extent permitted 
by applicable law, Novicorp and its 
suppliers provide the Software and support 
services (if any) AS IS AND WITH ALL FAULTS, 
and hereby disclaim all other warranties and 
conditions, whether express, implied or 
statutory, including, but not limited to, any 
(if any) implied warranties, duties or 
conditions of merchantability, of fitness for 
a particular purpose, of reliability or 
availability, of accuracy or completeness of 
responses, of results, of workmanlike effort, 
of lack of viruses, and of lack of negligence,
all with regard to the Software, and the 
provision of or failure to provide support or 
other services, information, software, and 
related content through the Software or 
otherwise arising out of the use of the 
Software. ALSO, THERE IS NO WARRANTY OR 
CONDITION OF TITLE, QUIET ENJOYMENT, QUIET 
POSSESSION, CORRESPONDENCE TO DESCRIPTION OR 
NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.

17. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL 
AND CERTAIN OTHER DAMAGES. To the maximum 
extent permitted by applicable law, in no 
event shall Novicorp or its suppliers be 
liable for any special, incidental, punitive, 
indirect, or consequential damages whatsoever 
(including, but not limited to, damages for 
loss of profits or confidential or other 
information, for business interruption, for 
personal injury, for loss of privacy, for 
failure to meet any duty including of good 
faith or of reasonable care, for negligence, 
and for any other pecuniary or other loss 
whatsoever) arising out of or in any way 
related to the use of or inability to use the 
SOFTWARE, the provision of or failure to 
provide Support OR OTHER Services, informaton,
software, and related CONTENT through the 
software or otherwise arising out of the use 
of the software, or otherwise under or in 
connection with any provision of this EULA, 
even in the event of the fault, tort 
(including negligence), misrepresentation, 
strict liability, breach of contract or 
breach of warranty of Novicorp or any 
supplier, and even if Novicorp or any 
supplier has been advised of the possibility 
of such damages. 

18. LIMITATION OF LIABILITY AND REMEDIES. 
Notwithstanding any damages that you might 
incur for any reason whatsoever (including, 
without limitation, all damages referenced 
herein and all direct or general damages in 
contract or anything else), the entire 
liability of Novicorp and any of its 
suppliers under any provision of this EULA 
and your exclusive remedy hereunder (except 
for any remedy of repair or replacement 
elected by Novicorp with respect to any 
breach of the Limited Warranty) shall be 
limited to the greater of the actual damages 
you incur in reasonable reliance on the 
Software up to the amount actually paid by 
you for the Software or US$5.00. The 
foregoing limitations, exclusions and 
disclaimers (including all Sections) 
shall apply to the maximum extent 
permitted by applicable law, even if any 
remedy fails its essential purpose.

19. APPLICABLE LAW. If you acquired this 
Software in the Russian Federation, this EULA is 
governed by the laws of the Russian Federation. 
If you acquired this Software in any 
other country, then local law may apply. 

20. ENTIRE AGREEMENT; SEVERABILITY. This 
EULA (including any addendum or amendment to 
this EULA which is included with the 
Software) is the entire agreement between you 
and Novicorp relating to the Software and 
the support services (if any) and they 
supersede all prior or contemporaneous oral 
or written communications, proposals and 
representations with respect to the Software 
or any other subject matter covered by this 
EULA. To the extent the terms of any 
Novicorp policies or programs for support 
services conflict with the terms of this EULA,
the terms of this EULA shall control. If any 
provision of this EULA is held to be void, 
invalid, unenforceable or illegal, the other 
provisions shall continue in full force and 
effect.

Should you have any questions concerning 
this EULA, or if you desire to contact 
Novicorp for any reason, please use the 
address information enclosed in this Software 
to contact the Novicorp subsidiary serving 
your country or visit Novicorp on the World 
Wide Web at http://www.Novicorp.com.