End User License Agreement for FlatFusion ("The Software").

THIS LICENSING AGREEMENT ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU, EITHER AN INDIVIDUAL OR A SINGLE ENTITY, AND CHRISTIAN HECHT, ENOCH-WIDMAN-STR. 88, 95028 HOF/SAALE, GERMANY ("LICENSOR"). IF YOU DO NOT AGREE TO EACH AND EVERY TERM, DO NOT OPEN, USE OR INSTALL THE SOFTWARE. YOU MUST EITHER RETURN THE SOFTWARE, DOCUMENTATION AND PACKAGING TO THE PLACE OF PURCHASE OR, IN THE CASE OF DOWNLOADED SOFTWARE, DELETE THE SOFTWARE FROM YOUR COMPUTER AND/OR ANY OTHER DATA STORAGE DEVICE.

1. GENERAL
The software and documentation accompanying this License whether on disk, on any other media (collectively the "Software") are licensed to you by Christian Hecht ("Lisensor") for use only under the terms of this License, and Licensor reserves all rights not expressly granted to you. The rights granted herein do not include any other patents or intellectual property rights.
Title and intellectual property rights in and to any content displayed by or accessed through the Software belong to the respective content owner. This License does not grant you any rights to use such content.

2. LICENSE
Licensor hereby grants to You, and You accept, a non-exclusive license to install and use Software and Documentation, only as authorized in this license. The license permits either multiple users to install and use the software on a single computer, or a single user to install and use the software on multiple computers. The license doesn't allow multiple users to use the Software on multiple computers. You agree that You will not assign, sub license, transfer, pledge, lease, rent, or share Your rights under this license. You may not reverse engineer, decompile or disassemble the Licensed Software for any purpose whatsoever.

3. TRANSFER
You may not distribute copies of the Software, in whole or in part, to any third party, nor may you use, rent, loan, sublicense, or lease the Software to third parties. You may, however, transfer all your rights to use the Software to another person or legal entity provided that: (a) You also transfer this Agreement, the Software and all other software bundled or pre-installed with the Software, including all copies, Updates and prior versions, to such person or entity; (b) You retain no copies, including backups and copies stored on a computer; and (c) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which You legally purchased a license to the Software. Notwithstanding the foregoing, You may not transfer pre-release or not for resale copies of the Software.

4. ILLEGAL USE
You are not to use the Software, whether directly or indirectly, for any illegal purpose under the laws or ordinances of Federal, State, or local governments. It is Your sole responsibility to know and understand the laws and/or ordinances that govern the use of the Software. In the event that You violate any Federal, State or local law or ordinance by direct or indirect use of the Software, You shall take full legal responsibility for such illegal use. You shall hold Licensor harmless and without fault and otherwise indemnify Licensor for any damage, cost or liability incurred by Licensor as a result of any use, whether or not such use is within the scope of the license set forth herein.

5. UPDATES
If the Software is an Update or Upgrade to a previous version of the Software, You must possess a valid license to such previous version in order to use the Update. You may continue to use the previous version of the Software on your computer after You receive the Update to assist You in the transition to the Update, provided that: the Update and the previous version are installed on the same computer; the previous version or copies thereof are not transferred to another party or computer unless all copies of the Update are also transferred to such party or computer; and You acknowledge that any obligation Christian Hecht may have to support the previous version of the Software may be ended upon availability of the Update.

6. LICENSOR'S RIGHTS
You acknowledge and agree that the Software and Documentation consists of proprietary, published and unpublished property of Licensor. You further acknowledge and agree that all right, title, and interest in and to the Software and Documentation are and shall remain with Licensor. This license conveys to You the right to install and use the Software and Documentation in accordance with the terms of this license. All rights not expressly granted here are reserved by Christian Hecht. The Licensor will not transmit your personal information to any third party without your express consent.

7. TERMINATION

This license is effective upon Your installing the software on any machine, and shall continue until terminated. You may terminate this Agreement at any time. The Licensor may immediately terminate this License Agreement if you breach any representation, warranty, agreement or obligation contained or referred to in this License Agreement. Upon termination, you must dispose of the Software and all copies or versions of the Software by destroying the Software.

8. LIMITED WARRANTY
CHRISTIAN HECHT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE LICENSED SOFTWARE AND ALL ACCOMPANYING MATERIALS. CHRISTIAN HECHT AND ITS AGENTS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE.

9. LIMITATION OF LIABILITY
IN NO EVENT WILL CHRISTIAN HECHT OR ITS AGENTS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS. CHRISTIAN HECHT  AGGREGATE LIABILITY AND THAT OF ITS AGENTS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY.

10. FEES AND TRIAL PERIOD. This license to use the software under the conditions set herein is granted to you for the Trial period without any fees for evaluation purposes. The Trial period is limited by 30 (thirty) days from the first time you run the Software. After the specified Trial period is over, this grant of license will have expired. The Software is available as download version only. If your download version of the Software does not come with a License Code, you may register your copy of the Software by purchasing a License Code for the download version at: http://software.mortaxx.net . The License Code will enable the Software to work after the Trial period expiration. You may not distribute the License Code. By clicking "Agree", you acknowledge that you have paid the Licensor all applicable license fees for the Software.

11. SEVERABILITY
Should any term of this license be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.

12. GENERAL PROVISIONS
This License Agreement is personal between You and Christian Hecht It is not transferable and any attempt by You to rent, lease, sublicense, assign or transfer any of the rights, duties or obligations hereunder. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND CHRISTIAN HECHT WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND CHRISTIAN HECHT OR CHRISTIAN HECHT AGENT(S) RELATING TO THE LICENSED SOFTWARE.

If you have any questions regarding this Agreement or if you wish to request any information from Christian Hecht please use the address and contact information included with this product to contact Christian Hecht.

© 2005 Christian Hecht. All Rights Reserved. mortaxx Softworks and FlatFusion are trademarks of Christian Hecht. Mac, the Mac logo, Mac OS X, and Macintosh are trademarks of Apple Computer, Inc. All other trademarks, registered trademarks, product and/or brand names are the sole property of their respective owners.