Legal

GENERAL INFORMATION

The legal notices below are applied to all MediaFlake Ltd Divisions, Brands, Products, Services, Media Channels, Websites, Trademarks, Patents and Intellectual Property.

Those include but are not limited to:

MediaFlake Ltd

The main company that governs the divisions and brands below

SoundFellas

The Professional Immersive Audio Division of MediaFlake Ltd

SoundFellas Academy

The Creative Industries Education & E-Learning Division of MediaFlake Ltd

Blueface Games

The Interactive Entertainment Division of MediaFlake Ltd

Game Audio Mastering

The Game Audio Mastering Studio of MediaFlake Ltd

The Bloop

The Creative Industries Community Forum of MediaFlake Ltd

WEBSITE LEGAL NOTICE

COPYRIGHT NOTICE

©2011-2015 MediaFlake Ltd. All rights reserved. Reproduction, adaptation, or translation without permission is prohibited except as allowed under the International Copyright Laws. All the text, graphics, design, content, and other works are the copyrighted works of MediaFlake Ltd.

TERMS AND CONDITIONS OF USE

Welcome to an official website of a MediaFlake Ltd division (www.mediaflake.com.com). Use of this site is governed by the Terms and Conditions set forth. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. The information and materials provided by MediaFlake Ltd may be used for informational purposes only. By using, accessing or downloading materials from this website you agree to follow the terms and provisions as outlined in this legal notice, which apply to all visits to the MediaFlake Ltd’s websites, both now and in the future. MediaFlake Ltd may at anytime revise and update the Terms and Conditions. You are encouraged to periodically visit this page to review the most current Terms and Conditions to which you are bound. If you do not agree to these Terms and Condition of Use, please do not use this website.

RESTRICTIONS

You may view, download and copy information and materials available on this website solely for your personal, non-commercial use. You may also use such material within your organization in connection with the support of MediaFlake Ltd products. As a condition of use, you agree not to modify or revise any of the material in any manner, and to retain all copyright and other proprietary notices as contained in the original materials on any copies of the materials. No other use of the materials or information is authorized. Any violation of the foregoing may result in civil and/or criminal liabilities.

OWNERSHIP OF INFORMATION AND MATERIALS

The information and any materials (including white papers, press releases, data sheets, product descriptions, and FAQs) available on or from this website are the copyrighted works of MediaFlake Ltd, and any unauthorized use of that information or materials may violate copyright, trademark and other laws.
Any rights not expressly granted herein are reserved.

TRADEMARK INFORMATION

MediaFlake Ltd’s trademarks may be used only with written permission from MediaFlake Ltd. MediaFlake Ltd, its divisions and its products, are registered trademarks or trademarks of MediaFlake Ltd. All other trademarks, brands, and names are the property of their respective owners. Except as expressly specified in these terms and legal restrictions, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or any proprietary rights of MediaFlake Ltd or any third party.

LINKS TO OTHER WEBSITES

As a convenience and to make the MediaFlake Ltd’s websites truly service oriented we have included links to complementary sites on the Internet. These sites are owned and operated by third parties. MediaFlake Ltd makes no representation and is not responsible for the availability of, or content located on or through, these third party sites. A third party link from MediaFlake Ltd or MediaFlake Ltd division website is not an indication that MediaFlake Ltd endorses the third party or its site, or has any affiliation with or between MediaFlake Ltd and the third party hosting site.

FEEDBACK

All comments, feedback, information or materials submitted to MediaFlake Ltd through or in association with this website shall be considered non-confidential and MediaFlake Ltd’s property. By submitting such comments, information, feedback, or materials to MediaFlake Ltd, you agree to a no-charge assignment to MediaFlake Ltd of worldwide rights to use, copy, modify, display and distribute the submissions. MediaFlake Ltd may use such comments, information or materials in any way it chooses in an unrestricted basis.

DISCLAIMER

The MediaFlake Ltd internet team strives to provide you with useful, accurate, and timely information on this website. Accordingly, MediaFlake Ltd has attempted to provide accurate information and materials on this website but assumes no responsibility for the accuracy and completeness of that information or materials. MediaFlake Ltd may change the content of any information or materials available at this website, or to the products described in them, at any time without notice. However, MediaFlake Ltd makes no commitment to update the information or materials on this website which, as a result, may be out of date. Information and opinions expressed in bulletin boards, blogs or other forums are not necessarily those of MediaFlake Ltd. Neither MediaFlake Ltd, nor its officers, directors, employees, agents, distributors, or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on any of MediaFlake Ltd’s website. MediaFlake Ltd reserves the right to revise these terms and/or legal restrictions at any time. You are responsible for reviewing this page from time to time to ensure compliance with the then-current terms and legal restrictions because they will be binding on you. Certain provisions of these terms and legal restrictions may be superseded by expressly designated legal notices or terms located on particular pages of this website.

ALL INFORMATION AND MATERIALS AVAILABLE AT THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND MEDIAFLAKE LTD DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN NO EVENT SHALL MEDIAFLAKE LTD BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION ON THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.

TERMINATION OF USE

MediaFlake Ltd may, in its sole discretion, terminate or suspend your access to all or part of its websites, including, but not limited to any bulletin boards on its site, for any reason, including without limitation, breach of this agreement. In the event this agreement is terminated, the restrictions regarding materials appearing on the site and the representations and warranties, indemnities, and limitation of liabilities set forth in this agreement shall survive any such termination.

GOVERNING LAW; JURISDICTION AND VENUE

This Agreement shall be governed by and construed in accordance with the laws of the Hellenic Republic exclusive of its choice of law principles. The Hellenic Republic courts shall have exclusive jurisdiction and venue over any dispute arising out of or relating to this Agreement, and each party hereby consents to the jurisdiction and venue of such courts.

GENERAL PROVISIONS

If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force. This contains the entire agreement between you and MediaFlake Ltd concerning your use of its sites, and the agreement shall not be modified, except in writing, signed by both parties. If you have questions regarding MediaFlake Ltd’s Terms and Conditions, please email: legal@mediaflake.com.

WEBSITE PRIVACY POLICY

The Internet is an amazing tool. It has the power to change the way we live, and we’re starting to see that potential today. With only a few mouse-clicks, you can follow the news, look up facts, buy goods and services, and communicate with others from around the world. It’s important to MediaFlake Ltd to help our customers retain their privacy when they take advantage of all the Internet has to offer.
We believe your business is no one else’s. Your privacy is important to you and to us. So we’ll protect the information you share with us. To protect your privacy, MediaFlake Ltd follows different principles in accordance with worldwide practices for customer privacy and data protection.
We won’t sell or give away your name, mail address, phone number, email address or any other information to anyone.
We’ll use state-of-the-art security measures to protect your information from unauthorized users.

NOTICE

We will ask you when we need information that personally identifies you (personal information) or allows us to contact you. Generally, this information is requested when you make a purchase on the site or when you download digital goods, enter a contest, order email newsletters or join a limited-access premium site. We use your Personal Information for four primary purposes:
To make the site easier for you to use by not having to enter information more than once.
To help you quickly find software, services or information.
To help us create content most relevant to you.
To alert you to product upgrades, special offers, updated information and other new services from MediaFlake Ltd.

CONSENT

If you choose not to register or provide personal information, you can still use most of MediaFlake Ltd’s websites. But you will not be able to access areas that require registration.
If you decide to register, you will be able to select the kinds of information you want to receive from us by subscribing to various services, like our electronic newsletters. If you do not want us to communicate with you about other offers regarding MediaFlake Ltd or its products, programs, events, or services by email, postal mail, or telephone, you may state so in an email sent to contact@mediaflake.com.
MediaFlake Ltd has the highest respect to your data and will never sell them, give them or share them with third parties.

SECURITY

MediaFlake Ltd has taken strong measures to protect the security of your personal information and to ensure that your choices for its intended use are honored. We take strong precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

MediaFlake Ltd strictly protects the security of your personal information and honors your choices for its intended use. We carefully protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

Your personal information is never shared outside the company without your permission, except under conditions explained above. Inside the company, data is stored in password-controlled servers with limited access. Your information may be stored and processed in MediaFlake Ltd or any other country where MediaFlake Ltd, its subsidiaries, affiliates or agents are located.
For our e-Commerce solution, we use the secure platform of FastSpring. A Trusted MediaFlake Ltd partner. FastSpring is regularly audited to ensure they are PCI Compliant. The Payment Card Industry Data Security Standard (PCI DSS) is a set of requirements designed to ensure that ALL companies that process, store or transmit credit card information maintain a secure environment. This means there is no risk of your personal data or credit card information being stolen. Using your credit card through a FastSpring page is 100% safe. They do not store credit card numbers, so there is no chance of unauthorized access or the numbers being stolen after a FastSpring purchase is completed. FastSpring employs Verisign SSL Certificates that meet the highest standard in the Internet security industry for secure transations. An SSL Certificate establishes a private communication channel enabling encryption of the data during transmission. In addition, SSL Certificates allow Web browsers to clearly display a Web site’s organizational identity. Read more about secure purchases through FastSpring at http://www.fastspring.com/purchasing-through-fastspring.php.

NOTICE TO PARENTS

Parents or guardians: We want to help you guard your children’s privacy. We encourage you to talk to your children about safe and responsible use of their Personal Information while using the Internet.
MediaFlake Ltd websites may publish content that is targeted to children (games, apps, etc). However, if you are concerned about your children providing MediaFlake Ltd any personal information without your consent, please send an email at contact@mediaflake.com to receive the proper support.

ENFORCEMENT

If for some reason you believe MediaFlake Ltd has not adhered to these principles, please notify us by email at contact@mediaflake.com, and we will do our best to determine and correct the problem promptly. Be certain the words Privacy Policy are in the Subject line.

ELECTRONIC PRODUCT REGISTRATION

When you buy and install a new product, we may ask you to register your purchase electronically. When you do, we merge your registration information with any information you’ve already left with us (we call that information your personal profile). If you haven’t previously registered with us, we create a personal profile for you from your product registration information.

WHAT WE DO WITH THE INFORMATION YOU SHARE

When you join us, you provide us with your contact information, including your full name and email address. We use this information to send you updates about your order, questionnaires to measure your satisfaction with our service and announcements about new and exciting services that we offer.

We occasionally hire other companies to provide limited services on our behalf, including packaging, mailing and delivering purchases, answering customer questions about products or services, sending postal mail and processing event registration. We will only provide those companies the information they need to deliver the service, and they are prohibited from using that information for any other purpose.
MediaFlake Ltd will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on MediaFlake Ltd or the site; (b) protect and defend the rights or property of MediaFlake Ltd and its family of Websites, and, (c) act in urgent circumstances to protect the personal safety of users of MediaFlake Ltd, its Websites, or the public.

ANTI-SPAM POLICY

This sets forth our policy with regard to the use of “Spam” marketing techniques in connection with Internet Marketing. In the event that we deem you to be in violation of these policies, we shall immediately revoke your membership rights and close any active account.

We have a strict policy against spamming. We forbid the sending of unsolicited mass Emails or unsolicited Emails of any kind in connection with the marketing of our programs, products and services.

We reserve the right to terminate your account and participation in our programs “for cause” if we deem you to be in violation of our anti-spamming policies. We also reserve the right to suspend your account and participation pending review upon receipt of any complaint or other evidence that you may be engaging in any spamming activity.

We consider spamming to be any activity whereby you directly or indirectly transmit email messages to any email address that has not solicited such email and does not consent to such transmission. We also consider spamming to constitute posting advertisements in newsgroups in violation of the terms of participation in such newsgroup, that are off topic, or in newsgroups that do not specifically permit advertisements. We also consider it spamming when advertisements are placed on message boards or in chat rooms when they are not permitted by the terms of participation in such message boards and chat rooms.

If you are “spammed” by anyone regarding our products, services, website, or any other matters, please report this activity to contact@mediaflake.com.

COOKIE POLICY

An HTTP Cookie (also called Web Cookie, Internet cookie, browser cookie or simply cookie), is a small piece of data sent from a website and stored in the user’s web browser while the user is browsing it. Every time the user loads the website, the browser sends the cookie back to the server to notify the user’s previous activity. Cookies were designed to be a reliable mechanism for websites to remember stateful information (such as items added in the shopping cart in an online store) or to record the user’s browsing activity (including clicking particular buttons, logging in, or recording which pages were visited in the past). In simple terms Cookies are pieces of data that sites and services you use or visit can set on your browser or device and they can typically be read on future visits to learn more about the user and to personalize an experience. “Cookies” is also a term that may be used to refer to a range of technologies that help an operator identify users and devices, which in turn can help personalize an experience, prevent fraud, store preferences, and speed up delivery of content.

MediaFlake Ltd may employ cookies and related technologies for a variety of purposes including but not limited to:

  • Learn more about how our media channels, products and services are used and similar analytical purposes
  • Understand how users interact with our content
  • Understand how to improve performance
  • Prevent fraud
  • Customize our products and services with more relevant content
  • Provide you with more relevant content and advertising

As described above MediaFlake Ltd employs a number of technologies to provide and improve the its services, products and media channels. When you use the our services, products and media channels you consent to our use of these technologies, but you are welcome to exercise choices for users that do not want cookies set or read on their devices.Most major browser companies offer tools or settings for users that do not want cookies set or read on their devices.

Please visit your browser’s settings or privacy settings pages. Cookiepedia provides information about cookies generally and browser controls to manage them. There are several browser plugins available to users that want to be better informed about and have more control over the use of cookies and related technologies on their devices. We recommend any users that wish to have more control over the aforementioned technologies to find and use such tools.

ROYALTY-FREE CONTENT END USER LICENSE AGREEMENT

WE SALUTE YOU

If you’re reading this, it probably means you bought (or you consider buying) the content rather than stole it. We offer good products at a fair price, we don’t spend money on piracy protection, audio watermarking or anything else that is not directly improve the quality of our products and services. You play fair and you are contributing to the healthy ecosystem the creative media industries are in great need for. It’s because of people like you that we can continue to create great tools and content and be able to innovate. You make us wake up every day and love going to work. So, thank you very much. We tip our hats to you and we salute you!

GENERAL NOTICE

The sound samples and/or production music licensed from our products remain the property of MediaFlake Ltd and are licensed, not sold, to you royalty free with a lifetime non-transferable license for synchronization rights only. By purchasing and accepting any MediaFlake Ltd royalty free products, you acknowledge and agree to the stated terms, conditions and limitations of use. In the event of a breach of this License Agreement, legal action may be taken against you directly by the owner of the copyright. Mechanical rights are not included in the purchase of this synchronization license – and therefore, you are not authorized to copy our sound effects and/or production music – they must be synchronized within your productions.

MediaFlake Ltd and MediaFlake Ltd’s divisions and brands are hereafter also referred as the “Licensor”.

USER RIGHTS

You have the right to synchronize the audio content from any MediaFlake Ltd royalty free product with audio and/or visual productions or applications such as computer games, film, video, optical media and television productions, training, marketing and trade show presentations, corporate videos & educational applications, on hold messages & advertising, radio presentations & commercials, television presentations & commercials, live performances, & and audio book products, web pages & multimedia presentations, powerpoint & flash or similar productions, interactive programs, exhibitions and museum applications, audiovisual & computer generated displays, podcasts (all such applications hereinafter referred to as “the Production”). You may create copies of the Production. If you sell, lease, give away or otherwise distribute copies of the Production, the rights and limitations to MediaFlake Ltd synchronized audio content as outlines in this End User License Agreement are in effect for the life of the Production and pass automatically to the End User of the Production.

This license expressly forbids resale, relicensing, or other distribution of these sounds, either as they exist on our internet server, as you download them from our servers of from our authorized resellers, or any modification thereof. You cannot assign, lease, lend, rent, upload or download to or from any database or server, or transfer any or all of the sound to another user, or use them in any competitive product. The Licensee may modify the sounds but the result of the modification is considered derivative work and is subject to the same terms and conditions of this End User License Agreement. For any extra use, reselling or different license type regarding the sound samples or modified versions of those please contact our legal department (contact@mediaflake.com). All rights not expressly granted herein are reserved.

LICENSOR RESPONSIBILITIES

Licensor will not be responsible if the sound samples and/or software do not fit the particular purpose of the Licensee. The sound samples and software are licensed ‘as is’ without warranties of any kind. Any similarity to any other recording is purely unintentional. Neither the Licensor, nor MediaFlake Ltd can be held responsible for any direct, indirect, or consequential loss arising from the use of any of MediaFlake Ltd’s products licensed from this site or other retail channels in whatever form, or consequential loss arising from a delayed or lost shipment. Licensor shall not be responsible for, or guarantee the performance or compatibility of, products that are used in a way or format that they were not created for.

Use of the audio content in isolation such as, but not limited to, mobile phone ringtone applications, gaming machines, retail toys, electronic sampling products or program chips (where they appear in isolation or as sound effects) is not permitted without first obtaining a separate written License (which may not be available) from the Licensor. If you have any doubts that your production meets this criteria, you may submit it to contact@mediaflake.com for written approval. The creation of a “Multi-Sampled Instruments Library” or similar products where users play all of the notes (for example, a multi-sampled guitar library or a sample playback based entertainment mobile application, is not permitted without first obtaining a separate written License (which may not be available) from the Licensor.

Use of all the products of Mediaflake Ltd and all MediaFlake Ltd affiliate’s products for/with media or campaigns or any other product or use that is profane, insulting, attacking or offensive to minorities, religion, philosophical or idealist’s groups, cultures and ethnic groups is not permitted at all. Also the use of all the products of MediaFlake Ltd and all MediaFlake Ltd affiliate’s products in sync or for offensive material, material of sexual content or illegal material is not permitted at all. The use of all the products of MediaFlake Ltd and all MediaFlake Ltd affiliate’s products for/with media or campaigns or any other product or use for political, religious, philosophical or idealist’s groups, cultures and ethnic groups is not permitted at all. You can contact us at contact@mediaflake.com but be warned that our decision is final regarding those matters.

CONTENT PRODUCTION WORKFLOW USAGE

MediaFlake Ltd understands that computers are the standard tool in modern production houses and, so we specifically allow the copying or re-recording of our sounds to a single computer workstation that will not be networked or accessed by more than one end user at a time. We also permit to the End User of this product to make backup copies of this product only for backup purposes. However, the use of our sounds in a networked or multi-user environment (more than 3 workstations) is not authorized unless you have received permission directly from MediaFlake Ltd, if you are considering such use of our products please contact contact@mediaflake.com to obtain a separate multi-user license. If you are an educational or non-profit organization intending to use this product on a multi-user environment (classrooms, etc.) please contact contact@mediaflake.com to obtain a special license.

The transfer, re-record, copy or duplicate any MediaFlake Ltd royalty free product, in whole or in part, for any purpose is not authorized under this End User License Agreement without express written authorization from MediaFlake Ltd. You may not transfer any MediaFlake Ltd royalty free product, in whole or in part, electronically or via any peer to peer file sharing program, FTP site, service bureau operation, DRS, computer network or in any way not expressly allowed by MediaFlake Ltd.

AUTHORIZATION AND END USER PRACTICES

You are not authorized to provide remote access to unsynchronized sounds and/or production music from any MediaFlake Ltd royalty free product to any location remote from your licensed address without a valid Remote Access License issued directly to you for this specific purpose by MediaFlake Ltd.

You are not authorized to provide sounds from any MediaFlake Ltd royalty free product in whole or in part as mobile telecom audio content such as ring tones, ringback tones, soundscapes, multimedia messaging services (MMS), voice messaging, audio enhancements, greeting mail services, or other content applications now known or which shall become known, without a valid license issued directly to you for this specific purpose by MediaFlake Ltd.

You are not authorized to provide MediaFlake Ltd royalty free products unsynchronized in whole or in part within other mobile communications or professional applications, such as iTunes Apps, or as unsynchronized content offered in software packages such as but not limited to sound effect playback applications, special effect sample players, chip players, embedded devices, etc.

You are not authorized to sell or otherwise dispose of computers, hard drives or discs or any other electronic storage media which contains MediaFlake Ltd royalty free sounds or production music unless all MediaFlake Ltd content have been deleted.

All content maintained on any computers, hard drives, discs or any other electronic storage media must be deleted before the transfer or sale of any computer, hard drive or disc that contains any MediaFlake Ltd proprietary materials.

You are not authorized to change or alter in any way an original music composition owned or represented by MediaFlake Ltd (for example, by adding instruments or lyrics, editing or remixing) without the prior written consent of the Licensor.

You are not authorized to use the production music material in your own music productions neither whole nor as a part, or to use the music arrangement and/or composition on your own music productions/compositions.

Performing Rights for public broadcast and/or performance music and/or sounds use are not included in the purchase of MediaFlake Ltd royalty free sound & production music products.

These terms apply to all MediaFlake Ltd products and third party products sold from this site. The information in this End User License Agreement is subject to change without notice and does not represent a commitment on the part of MediaFlake Ltd. For updated information regarding this End User License Agreement and other legal documents you can visit www.mediaflake.com and read the Legal section of the site.

If you are in any doubt about a product you intend purchasing, please send an email to contact@soundfellas.com. We do not accept returns as we sell content only as downloadable content from the internet and only through our trusted resellers and retail channels and affiliates, we do not sell any product in physical storage form or optical media. No refunds will be given for downloaded sound samples and other downloadable products from MediaFlake Ltd and MediaFlake Ltd’s divisions. International customers agree to be responsible for any import duties or taxes. By purchasing and/or using our products you automatically accept all of the above terms and conditions of this License Agreement.

FURTHER COMMUNICATION

If you have any questions or suggestions to make, or you are in need of other types of licensing our content, please contact contact@mediaflake.com.

SOFTWARE END USER LICENSE AGREEMENT

WE SALUTE YOU

If you’re reading this, it probably means you bought (or you consider buying) our products rather than stole it. We offer good products at a fair price, we don’t spend money on piracy protection, audio watermarking or anything else that is not directly improve the quality of our products and services. You play fair and you are contributing to the healthy ecosystem the creative media industries are in great need for. It’s because of people like you that we can continue to create great tools and content and be able to innovate. You make us wake up every day and love going to work. So, thank you very much. We tip our hats to you and we salute you!

GENERAL NOTICE

This End-User Software License Agreement (the “Agreement”) is made and immediately effective, between MediaFlake Ltd (the “Licensor”), a corporation organized and existing under the laws of the Hellenic Republic, and the End User of MediaFlake Ltd’s software product or service (the “Licensee”).

RECITALS

WHEREAS, Licensor has developed certain computer programs and related documentation hereto (the “Products”) and desires to grant Licensee a license to use the Software.

WHEREAS, Licensee wishes to use the Software under the conditions set forth in this Agreement.

NOW, THEREFORE, in consideration of the mutual promises set forth herein, Licensee and Licensor hereby agree as follows:

DEFINITIONS

The following definitions shall apply to this Agreement:

“Software” means the computer programs and documentation made by MediaFlake Ltd and its divisions.

“Install” means placing the Software on a computer’s hard disk, CD-ROM or other secondary storage device.

“Derivative Works” means a work that is based upon one or more preexisting works, such as a revision, modification, translation, abridgment, condensation, expansion or any other form in which such a preexisting work may be recast, transformed or adapted, and that, if prepared without authorization by the owner of the preexisting work, would constitute copyright infringement.

“Use” means (i) executing or loading the Software into computer RAM or other primary memory, and (ii) copying the Software for archival or emergency restart purposes.

“Territory” means the known universe

SOFTWARE LICENSE

Licensor hereby grants to Licensee a perpetual, non-exclusive license to use the Software and Documentation (collectively, the “Software System”), subject to the terms and conditions hereinafter set forth. This License is effective when executed by both parties and the license granted to the Software remains in force until Licensee stops using the Software or until Licensor terminates this License because of Licensee’s failure to comply with any of its terms and conditions.

Licensor hereby grants to Licensee a nonexclusive license to install and use the Software on one single user computer in its possession, provided the Software is in use on only one computer at any time. The Software is “in use” on a computer when it is loaded into temporary memory (RAM) or installed into the permanent memory of a computer–for example, a hard disk, CD-ROM or other storage device.

For Multiple Standalone Computers License , Site License or Network License pleae contact us at contact@mediaflake.com

LICENSE FEE

As consideration for the perpetual license to use the Software System granted to Licensee herein, Licensee shall pay to Licensor the amount set by MediaFlake Ltd’s retail channels and its affiliates retail channels. License fees may also include future payments for updates, maintenance versions and other future development related to the Software.

LICENSEE’S RIGHTS AND OBLIGATIONS

Licensee may either:

A. Make one copy of the Software solely for backup or archival purposes, or
B. Transfer the Software to a single hard disk, provided Licensee keep the original solely for backup or archival purposes.

The Software and Documentation are protected by European copyright laws and international treaties. Licensee must treat the Software and Documentation like any other copyrighted material – for example a book.

Licensee may not:

A. Copy the Documentation
B. Copy the Software except to make archival or backup copies as provided above
C. Modify or adapt the Software or merge it into another program
D. Reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software
E. Place the Software onto a server so that it is accessible via a pubic network such as the Internet
F. Sublicense, rent, lease or lend any portion of the Software or Documentation.

LIMITED WARRANTY

To the extent permitted by law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND LICENSOR DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether Licensor knows or had reason to know of Licensee particular needs. No employee, agent, or distributor of Licensor is authorized to modify this warranty, nor to make any additional warranties.

LIMITED LIABILITY

IN NO EVENT WILL LICENSOR BE LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF LICENSOR OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.

TERMINATION

Licensor shall have the right to immediately terminate this License if Licensee fails to perform any obligation required of Licensee under this Agreement or if Licensee becomes bankrupt or insolvent. This License Agreement takes effect upon Licensee’s use of the software and remains effective until terminated. Licensee may terminate it at any time by destroying all copies of the Software and Documentation in its possession. It will also automatically terminate if Licensee fails to comply with any term or condition of this License Agreement.

RETURN OR DESTRUCTION OF SOFTWARE UPON TERMINATION

Upon termination of this License, Licensee shall return to Licensor or destroy the original and all copies of the Software including partial copies and modifications. Licensor shall have a reasonable opportunity to conduct an inspection of Licensee’s place of business to assure compliance with this provision.

TITLE TO SOFTWARE

Licensor retains title to and ownership of the Software and all enhancements, modifications and updates of the Software.

MODIFICATION AND ENHANCEMENTS

Licensee will make no efforts to reverse engineer the Software, or make any modifications or enhancements without Licensor’s express written consent.

NEW LOCATION

Licensee may, at any time, without prior notice to or consent of Licensor, transfer the Software to any location other than the site of initial installation for use on any other central processing unit (“CPU”) which is owned or controlled by Licensee or by subsidiaries or other entities owned or controlled by Licensee. Licensee shall thereafter promptly give Licensor notice of such new location.

LICENSEE’S MODIFICATIONS

Licensee does not have the right, to independently modify the Software System for its own purposes and use, through the services of its own employees or of independent contractors.

CONFIDENTIALITY

The Software contains trade secrets and proprietary know-how that belong to us and it is being made available to Licensee in strict confidence.

ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCALS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.

PUBLICITY

Licensee shall not refer to the existence of this Agreement in any press release, advertising or materials distributed to prospective customers, without the prior written consent of Licensor.

LICENSOR’S PROPRIETARY NOTICES

Licensee agrees that any copies of the Software or Documentation which it makes pursuant to this Agreement shall bear all copyright, trademark and other proprietary notices included therein by Licensor and, except as expressly authorized herein, Licensee shall not distribute same to any third party without Licensor’s prior written consent.

ARBITRATION

The parties agree to submit any dispute under this License to binding arbitration in the following location: Athens, Greece – under the laws of the Hellenic Republic. Judgment upon the award rendered by the arbitrator may be entered in any court in Greece with jurisdiction to do so.

ATTORNEY FEES

If any legal action is necessary to enforce this License, the prevailing party shall be entitled to reasonable attorney fees, costs and expenses in addition to any other relief to which it may be entitled.

LIMITED LIABILITY

Unless otherwise expressly stated herein, Licensor shall not be liable to Licensee for any consequential damages arising out of Licensor’s breach of this Agreement.

NOTICE

All notices required or permitted to be given by one party to the other under this Agreement shall be sufficient if sent by certified mail, return receipt requested, to the parties at the respective addresses set forth above or to such other address as the party to receive the notice has designated by notice to the other party. In the case that Licensor has no access to the contact information of the Licensee due to third party retail channels and other processings, the Licensee is responsible of stablishing a contact by contacting Licensor or subscribing to the related emailing list, otherwise the Licensor cannot held accountable for any lack of communication.

GOVERNING LAW

This Agreement shall be governed by and construed under the laws of the Hellenic Republic and under the Greek courts of law.
CONSENT TO JURISDICTION, VENUE AND SERVICE

Licensee consents and agrees that all legal proceedings relating to the subject matter of this Agreement shall be maintained in courts sitting within the State of the Hellenic Republic (Greece), and Licensee consents and agrees that jurisdiction and venue for such proceedings shall lie exclusively with such courts. Service of process in any such proceeding may be made by certified mail, return receipt requested, directed to the respective party at the address at which it is to receive notice as provided herein.

SEVERABILITY

If any provision of this Agreement is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.

NO WAIVER

The failure by any party to exercise any right provided for herein shall not be deemed a waiver of any right hereunder.

COMPLETE AGREEMENT

This Agreement sets forth the entire understanding of the parties as to its subject matter and may not be modified except in a writing executed by both parties.

The parties have executed this Agreement immediately, with full knowledge of its content and significance and intending to be legally bound by the terms hereof.

FURTHER COMMUNICATION

If you have any questions or suggestions to make, or you are in need of other types of licensing our content, please contact contact@mediaflake.com.