Site hosted by Angelfire.com: Build your free website today!

If you agree to the terms and conditions set out below then download the product.

ThumbFactory License Agreement

Colin Mummery ("The Author") grants the "Licensee" a nonexclusive license for the "ThumbFactory" software program (herein referred to as "The Product") in return for payment of the license fee at the advertised price. The term "Product" means the individual Product, any updated or revised versions subsequently obtained via download, and all whole or partial copies of each, including portions merged into other programs. The Product consists of Java bytecode instructions for Java virtual machines, audio/visual content (such as images and text) and related licensed materials. For evaluation purposes the Product may be downloaded and used for a period of 30 (thirty) days before payment must be made.

The granting of a license is equivalent to a right to use the product under the terms of this agreement and it should be noted that ownership and copyright of the product remain with the Author and the Author's rights are protected by the laws of individual countries as well as by international treaty provisions. The single user license allows the use of the product by a single individual at a given time. In the case of a site license the Product may be used simultaneously by any number of people working for the Licensee within a 160 Kilometre radius of a central point. In the case of a worldwide license the Product may be used simultaneously by any number of people working for the Licensee without regard to location.

THE PRODUCT IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES (OR CONDITIONS), EXPRESS OR IMPLIED WITH RESPECT TO THE PROGRAM, INCLUDING THE IMPLIED WARRANTIES (OR CONDITIONS) OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PROGRAM AND DOCUMENTATION REMAINS WITH YOU.

Futhermore the Author does not warrant or make any representations regarding the use or the results of the use of the Product or it's documentation in terms of correctness, reliability, accuracy or otherwise. No oral or written information or advice given by the Author shall create a warranty or in any way increase the scope of the warranty.

These warranties give the licensee specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusion or limitation may not apply to you. In that event such warranties are limited in duration to the warranty period. No warranties apply after that period.

THE AUTHOR WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES THAT RESULT FROM USING THE PRODUCT OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR SAVINGS), EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FUTHERMORE THE AUTHOR WILL NOT BE LAIBLE FOR THE LOSS OF, OR DAMAGE TO, YOUR RECORDS OR DATA AND WILL NOT BE LIABLE FOR ANY DAMAGES CLAIMED BY YOU BASED ON ANY THIRD PARTY CLAIM.

Some 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 limitation of liability also applies to any developer of any software supplied to the Author used in the course of creating, packaging or delivering the Product to the Licensee. The Author's maximum liability shall in any event be the license fee paid for the Product.

You may terminate your license at any time. If you do so, all your license rights to the Product are terminated. The Author may terminate your license if you fail to comply with the terms of this Agreement. If the Author does so, all your license rights to the Product are terminated and you must destroy all copies of it.

The product is not designed or intended for use in on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility. The licensee represents and warrants that they will not use or redistribute the product for such purposes.

Java and all Java related trademarks and logos are trademarks of Sun Microsystems, Inc. Other company product and service names may be the trademark or service marks of others.