End User License Agreement
The same ShamonSoft Software End User License Agreement presented inside the applications.
SHAMONSOFT SOFTWARE END USER LICENSE AGREEMENT
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY. BY SELECTING "I ACCEPT," INSTALLING, COPYING, ACCESSING, OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THIS END USER LICENSE AGREEMENT (THE "AGREEMENT"). IF YOU DO NOT AGREE, SELECT "DECLINE" AND DO NOT INSTALL, ACCESS, OR USE THE SOFTWARE.
This Agreement is between you (the individual or legal entity using the Software) and the software publisher operating under the name ShamonSoft ("ShamonSoft," "we," "us," or "our"). It governs ShamonSoft software that displays or accompanies this Agreement, including ShamonSoft Fireworks Premier, Audio Motion Lab, CursorFlux Pro, and any related components, documentation, updates, or replacement releases supplied by ShamonSoft (collectively, the "Software"). If a particular ShamonSoft product or service is supplied with separate license terms, those separate terms control for that product or service to the extent of any conflict.
1. LICENSE GRANT
Subject to your compliance with this Agreement and any applicable purchase, subscription, store, or order terms, ShamonSoft grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use authorized copies of the Software on compatible devices that you own or control, solely for your personal use or your internal business use. The Software is licensed, not sold. ShamonSoft and its licensors reserve all rights not expressly granted in this Agreement.
2. PERMITTED USE AND OUTPUTS
You may use the Software's ordinary features to create, edit, render, export, save, install, or display your own projects and output files. As between you and ShamonSoft, you retain your rights in content you provide to the Software and in original output you create, subject to this Agreement and any rights in third-party materials, included assets, fonts, music, images, software, or other content. ShamonSoft does not claim ownership of your original projects or output merely because you created them with the Software.
Included samples, presets, templates, media, icons, cursor assets, documentation, and other ShamonSoft content may be used as part of projects and outputs created through the Software, but may not be extracted, repackaged, redistributed, sold, or licensed as a stand-alone asset collection unless ShamonSoft expressly permits it in writing.
3. LICENSE RESTRICTIONS
Except to the extent applicable law expressly permits a restriction to be overridden, you may not:
(a) copy the Software except for installation, ordinary operation, and reasonable archival or backup purposes;
(b) sell, rent, lease, lend, sublicense, distribute, publish, host for third parties, or otherwise transfer the Software or your license rights;
(c) modify, translate, reverse engineer, decompile, disassemble, derive source code from, or create derivative software based on the Software;
(d) remove, alter, conceal, or bypass copyright, trademark, attribution, license, security, or technical-protection notices or mechanisms;
(e) use the Software to develop or provide a competing product or service by extracting or reusing ShamonSoft source code, proprietary assets, or confidential implementation details;
(f) use the Software in violation of law, to infringe or misappropriate another person's rights, to create or distribute malware, or to gain unauthorized access to any device, account, network, or data; or
(g) use the Software in a life-support, emergency-response, medical, aviation, nuclear, industrial-control, or other high-risk system where failure could reasonably result in death, personal injury, or severe physical or environmental damage.
This Agreement does not restrict rights that cannot lawfully be restricted, including any rights you may have under mandatory law.
4. OWNERSHIP AND INTELLECTUAL PROPERTY
The Software, its design, code, user interface, documentation, branding, and included proprietary content are protected by copyright, trademark, trade-secret, and other intellectual-property laws. ShamonSoft or its licensors own all right, title, and interest in and to those materials. No ShamonSoft name, logo, product name, or other mark is licensed for separate commercial use under this Agreement.
5. THIRD-PARTY COMPONENTS AND SERVICES
The Software may include or rely on third-party software, runtimes, codecs, libraries, fonts, media, services, websites, or other materials. Third-party components may be governed by their own notices and license terms, which control as to those components. Third-party services and websites are operated independently and may change, become unavailable, or impose separate terms or privacy practices. ShamonSoft is not responsible for third-party products or services except as required by applicable law.
6. UPDATES, CHANGES, AND AVAILABILITY
ShamonSoft may provide updates, corrections, enhancements, or replacement versions, but is not obligated to do so unless expressly promised in separate written terms. Updates may add, remove, or change features and may require compatible hardware, operating systems, runtimes, or third-party components. This Agreement applies to updates and replacement versions unless they are accompanied by different terms. ShamonSoft may discontinue a Software version or related service, subject to any rights you have under applicable law or separate written terms.
7. USER RESPONSIBILITIES; BACKUPS; SYSTEM CHANGES
You are responsible for using compatible equipment and software, maintaining reasonable security, and backing up projects, settings, exports, and other important data. Some features may change system settings, install or apply cursor files, use graphics or audio hardware, create large media files, or perform resource-intensive processing. Review available controls and save work before applying system-level changes. You are responsible for confirming that exported content and your intended use comply with law and any third-party rights.
8. VISUAL EFFECTS AND HEALTH NOTICE
Some Software may generate flashing lights, rapid motion, high-contrast patterns, particle effects, or other visual effects. These may cause discomfort or, in rare cases, photosensitive seizures. Stop using the Software immediately if you experience dizziness, altered vision, eye or muscle twitching, disorientation, loss of awareness, involuntary movement, or convulsions, and seek medical advice as appropriate. Use reasonable brightness, motion, and audience-safety settings when presenting visual content to others.
9. PRIVACY AND DATA
Your files and projects remain your responsibility. The Software may store settings, acceptance records, caches, projects, exports, or other operational data on your device. Features that you choose to use with a third-party website, service, or account may transmit information to that third party under its own terms and privacy practices. Any separate ShamonSoft privacy notice presented for a product or online service supplements this Agreement.
10. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS. SHAMONSOFT AND ITS LICENSORS DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND THAT THE SOFTWARE WILL BE SECURE, ERROR-FREE, UNINTERRUPTED, OR COMPATIBLE WITH EVERY DEVICE, FILE, OR THIRD-PARTY PRODUCT.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS A WARRANTY, REMEDY, OR CONSUMER RIGHT THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED. ANY EXPRESS WARRANTY OR REFUND RIGHT PROVIDED IN SEPARATE WRITTEN PURCHASE TERMS REMAINS SUBJECT TO THOSE TERMS.
11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHAMONSOFT AND ITS LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, OR ANTICIPATED SAVINGS; OR LOSS, CORRUPTION, OR UNAVAILABILITY OF DATA OR CONTENT, ARISING OUT OF OR RELATED TO THE SOFTWARE OR THIS AGREEMENT, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF SHAMONSOFT AND ITS LICENSORS ARISING OUT OF OR RELATED TO THE SOFTWARE OR THIS AGREEMENT WILL NOT EXCEED THE AMOUNT YOU PAID SHAMONSOFT FOR THE SPECIFIC SOFTWARE GIVING RISE TO THE CLAIM.
THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, WHICH MAY INCLUDE LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, GROSS NEGLIGENCE, DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR VIOLATION OF MANDATORY CONSUMER LAW, DEPENDING ON THE APPLICABLE JURISDICTION.
12. TERM AND TERMINATION
This Agreement begins when you accept it or first install, access, or use the Software, whichever occurs first, and continues until terminated. You may terminate it by ceasing all use and deleting all copies of the Software in your possession or control. Your rights under this Agreement terminate automatically if you materially breach it. Upon termination, you must stop using and delete the Software, but Sections 2 through 5 and 7 through 17 survive to the extent necessary to give them effect.
13. EXPORT AND TRADE COMPLIANCE
You must comply with applicable export-control, sanctions, and trade laws. You may not export, re-export, transfer, or use the Software in a prohibited country, territory, end use, or by or for a prohibited person or entity.
14. GOVERNING LAW AND DISPUTES
This Agreement is governed by the laws of the State of Washington, USA, without regard to conflict-of-law rules. Subject to any mandatory rights or venue rules that apply to you, the state and federal courts located in Washington will have exclusive jurisdiction over disputes arising from this Agreement or the Software, and you consent to their jurisdiction. If you are a consumer, this section does not deprive you of protections or forums available under mandatory law in your place of residence.
15. SEVERABILITY; NO WAIVER
If any provision of this Agreement is found unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect. A failure or delay in enforcing a provision is not a waiver of the right to enforce it later.
16. ENTIRE AGREEMENT; ORDER OF PRECEDENCE
This Agreement, together with any applicable purchase terms, third-party notices, and product-specific terms, is the entire agreement between you and ShamonSoft concerning the Software and replaces prior or contemporaneous communications on that subject. If terms conflict, product-specific written terms control for that product, purchase or store terms control for the transaction they govern, and third-party terms control for the third-party component they govern.
17. CONTACT
ShamonSoft
Website: https://shamonsoft.com
Support: support@shamonsoft.com
By selecting "I ACCEPT," you confirm that you have read and understood this Agreement, have legal capacity and authority to accept it for yourself or the entity you represent, and agree to be bound by it.