Flash News Application Version 1 License

By Installing and using this Flash News application you agree to the following:

• 1. GRANT OF LICENSE.
  The Flash News application is licensed as follows:
• 1.1 Installation and Use grants you the right to install ONE COPY ON ONE SERVER and use a copy of the application on your development computer running licensed copies of the operating system and ColdFusion (TM) for which the application was designed.
• 1.2 Please contact tom@tomkitta.com or visit the web site at http://www.tomkitta.com to inquire about licensing packages for multiple server/websites or per company/location.
• 2. Disclaimer:
  tomkitta.com or it's developers cannot and will not be held responsible for any system failures resulting from the use of this application including but not limited to, file and/or data loss. We make no claims as to the integrity of the code and its compatibility with your setup. Use this application entirely at your own risk. If you do not agree with the above, please delete all parts of this application. By installing this package you agree not to hold www.tomkitta.com or it's developers responsible for any damage resulting from its use. Before you use the application to gather news using RSS feeds provided by news content providers please make sure you have proper permission to do so. It is your sole responsibility to make sure that the news content provided through the application is obtained legally. Neither www.tomkitta.com not any of it's developers take responsibility for the content you provide through the application.
• 3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
• 3.1 This application is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The application is licensed, not sold. You may not Sublicense, rent, lease, resell, distribute, transmit, network or create derivative works based upon the application or any part of it. The application is not allowed to be resold or distributed in any way, shape or form.
• 3.2 You can modify the source code of the application to make the application fit your needs more closely. However, you are explicitly prohibited from sublicensing, renting, leasing, reselling, distributing modified code.
• 3.3 Support Services. www.tomkitta.com may provide you with support services related to the application. For Support you must visit http://www.tomkitta.com and contact the author.
• 3.4 Maintenance of Copyright Notices. You must not remove or alter any copyright notices or links back to www.tomkitta.com website on any copies of the application including the source code.
• 3.5 Compliance with Applicable Laws. You must comply with all applicable laws regarding use of this application.
• 4. TERMINATION. Without prejudice to any other rights, www.tomkitta.com may terminate this agreement if you fail to comply with the terms and conditions of this agreement. In such event, you must destroy all copies of the SOFTWARE PRODUCT.
• 5. COPYRIGHT. All Code, including but not limited to copyrights, in and to the application and any copies thereof are owned by www.tomkitta.com or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the application is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This AGREEMENT grants you no rights to use such content.
• 6. U.S. GOVERNMENT RESTRICTED RIGHTS. The application is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227- 7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is www.tomkitta.com
• 7. NO WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WWW.TOMKITTA.COM AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE application REMAINS WITH YOU. NO REFUNDS ARE AVAILABLE AFTER application HAS BEEN INSTALLED. IT IS RECOMMENDED THAT YOU FIRST INSTALL THE DEMO TO ENSURE THAT THE application WILL RUN ON YOUR SYSTEM.
• 8. LIMITATION OF LIABILITY. THE LIMITATION OF LIABILITY IS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WWW.TOMKITTA.COM OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL 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 THE application OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF WWW.TOMKITTA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, WWW.TOMKITTA.COM’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE application OR U.S.$250.00; PROVIDED, BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
• 9. Should you have any questions concerning this product, please contact: visit product web site at http://www.tomkitta.com or e-mail: tom@tomkitta.com. application license prices are subject to change without notice. Group licensing is available upon request.