“Firework” Software License Agreement

This document is a translation of the License agreement to use the Firework software in English. In case of conflict between the Russian version of the License agreement to use the Firework software and this translation - only the Russian version of the License agreement to use the Firework software is legally binding. The Russian version of the License agreement to use the Firework software can be found here: https://firework.cloud/doc/agreement-ru.html

Please, read the terms of this license agreement carefully prior to using this software. By using this software you completely and unconditionally accept the terms of this License Agreement.

If you do not agree with the terms of this license agreement, do not use the software for whatever purposes.

1. General provisions

1.1. This License Agreement («License») sets forth the conditions of use for the “Firework” Software, versions for Windows, macOS, Linux, OS/360 (any of them will hereinafter be referred to as “Software”) and is concluded between any person using the Software («User»), and Cloud LLC, Soldatskaya str., 8, office 305b, Kazan, Russia, 420066, which is the owner of the exclusive rights in the Software («Rightholder»).

1.2. By copying and installing the Software on his/her personal device the User expresses his/her complete and express acceptance of these terms.

1.3. The Software may be used under the terms of this License only. If the User fails to accept the terms of this License in full, the User shall not be entitled to use this Software for whatever purposes. Any use of the Software in violation (contravention) of any terms of this License shall not be allowed.

1.4. Use of the Software hereunder for personal non-commercial purposes is free of charge. Use of the Software in accordance with the terms and by means not described in this License shall be allowed only subject to a separate agreement with the Rightholder.

1.5. This License and all relations connected with the use of the Software shall be subject to applicable law of the Russian Federation and any claims or lawsuits arising out of this License or the use of the Software shall be filed with and considered by the court at the location of the Rightholder.

1.6. The Rightholder can provide the User with translation of this License from the Russian language into different foreign languages, however in case of any conflict between the terms and conditions of the License in the Russian language and its translation, only the Russian version of the License shall be valid.

2. Rights to the Software

2.1. The Rightholder owns all exclusive rights in the Software.

3. License

3.1. The Rightholder, on the basis of a simple (non-exclusive) license, shall grant the User a free, worldwide, non-transferable right to use the Software as set forth below:

3.1.1. To use the Software in accordance with its functionality by copying and installing it on the User’s personal device(s). The User shall be entitled to install the Software on any number of personal devices.

3.1.2. To reproduce and to distribute this Software in an unmodified form and solely for non-commercial purposes (free of charge).

4. Limitations

4.1. Except for use within the scope and by means directly stipulated for by this License or the law of the Russian Federation, the User shall not modify, decompile, disassemble, decrypt and perform other actions with the object code of the Software, aimed at obtaining source codes of the Software and/or information on the implementation of the algorithms used in the Software, to create derivative works with the use of the Software, as well as to fulfill (to allow to conduct) other use of the Software, without the written consent from the Rightholder. The User may make a modification of the Software solely for his or hers own use and reverse engineering for debugging such modifications. The User shall not be entitled to distribute, communicate, make the Software available for the general public or otherwise use such modifications, except as for his or hers own use.

4.2. The User shall not, without the written consent from the Rightholder, reproduce, distribute and make available to the public, the Software in any form and by any means, not directly stipulated for by this License, including within the collections of software products, with the offering of other programs, settings and other products, regardless of purposes of such use.

4.3. The Software shall be used under the name of “Firework”. The User may not change the name of the Software, modify and/or remove documentation or other materials present in the Software and distributed with the Software, copyright notices or other indications of the Rightholder or other persons.

5. Other terms and notices

5.1. The User hereby acknowledges and agrees that Rightholder automatically receives anonymous (without reference to the User) information about the type of the operation system on the User’s device, the screen resolution, the software version and identifier, the statistics function of the Software and other technical information.

5.2. The User hereby acknowledges and agrees that the Software save and synchronize the data and settings of the User in different copies of the Program, the Rightholder automatically receives and stores information about the web services added by the User, its titles, data of the User’s account.

5.3. The User hereby acknowledges and agrees that the web services icons added by the User may be changed by the Rightholder to improve the visual display and may be downloaded by the Software during the synchronization. All logos and trademarks are the property of their respective owners.

5.4. The User hereby acknowledges and agrees that other the web applications may be automatically selected, recommended or added to the Software, such selection being performed completely automatically, using anonymous user information.

5.5. The User hereby acknowledges and agrees that the working capacity of the web applications and the web sites added to the Software is not provided and not guaranteed by the Rightholder.

5.6. Adobe® Flash® Player. Copyright © 1996 - 2016. Adobe Systems Incorporated. All Rights Reserved. Adobe and Flash are either trademarks or registered trademarks in the United States and/or other countries.

5.7. The Software is based on the open source software Chromium available under the BSD License, the text of which is given in the Exhibit to this License and also at https://src.chromium.org/viewvc/chrome/trunk/src/LICENSE.

5.8. The Software uses the open source software 7-Zip available under the GNU LGPL + unRAR restriction, the text of which is given in the Exhibit to this License and also at http://www.7-zip.org/license.txt.

6. Limitation of liability under the License

6.1. The Software is provided «as is». Neither the Rightholder nor its suppliers make any warranties for error-free and uninterrupted work of the Software, Software fitness for any particular User’s purpose and expectations, and make no other warranties of any kind, except as expressly set out herein.

6.2. To the fullest extent allowed by the applicable law, neither the Rightholder nor its suppliers shall be liable for any direct or indirect consequences of any use or inability to use the Software and/or damages caused to the User and/or third parties as a result of any use or inability to use the Software, including as a result of possible Software errors or failures.

6.3. The User may add extensions (components) to the Software, which are developed and offered for installation by third parties and which give access to information or services of third parties, or which enable the User to go to the resources of third parties (hereinafter referred to as the “User components”). The User understands and agrees that the User components shall be installed in the Software at the User’s own risk and discretion. The Rightholder shall not monitor the functionality or content of the services or resources accessed through this User components or their compliance with legislation, and shall bear no liability for the results of installation or use of the User components. The Rightholder shall not compensate the User for any damage whatsoever caused by the use or inability to use any User components or information, services and resources accessed through the User components.

7. Updates/new versions of the Software

7.1. The Software may automatically download and install updates from time to time, which are directed to enhance the Software and which can be in the form of patches, additional modules and new versions of the Software. The User is hereby notified and agrees that the Software will update automatically, including request, download and installation of updates for the Software onto the User’s device without further notice.

7.2. This License shall be applied to all future updates/new versions of the Software. The installation of an update/new version of the respective Program shall be deemed as an acceptance of the terms and conditions of this License by the User for relevant updates/new versions of the Program, unless the update/installation of a new version of the Program is accompanied by any other license agreement.

8. Changes in the terms of this License

8.1. This License Agreement can be modified by the Rightholder unilaterally. The specified modifications in the terms and conditions of the License Agreement shall come into force upon their publication, unless otherwise set out in the relevant publication.

Exhibit

Terms of use of Chromium

BSD License

Copyright © 2014, The Chromium Authors. All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Terms of use of 7-Zip

7-Zip
~~~~~

License for use and distribution
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

7-Zip Copyright (C) 1999-2017 Igor Pavlov.

Licenses for files are:
1) 7z.dll: GNU LGPL + unRAR restriction
2) All other files: GNU LGPL

The GNU LGPL + unRAR restriction means that you must follow both GNU LGPL rules and unRAR restriction rules.

Note:
You can use 7-Zip on any computer, including a computer in a commercial organization. You don't need to register or pay for 7-Zip.

GNU LGPL information
--------------------

This library is free software; you can redistribute it and/or modify it under the terms of the GNU Lesser General Public License as published by the Free Software Foundation; either version 2.1 of the License, or (at your option) any later version.

This library is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Lesser General Public License for more details.

You can receive a copy of the GNU Lesser General Public License from http://www.gnu.org/

unRAR restriction
-----------------

The decompression engine for RAR archives was developed using source code of unRAR program.
All copyrights to original unRAR code are owned by Alexander Roshal.

The license for original unRAR code has the following restriction:
The unRAR sources cannot be used to re-create the RAR compression algorithm, which is proprietary. Distribution of modified unRAR sources in separate form or as a part of other software is permitted, provided that it is clearly stated in the documentation and source comments that the code may not be used to develop a RAR (WinRAR) compatible archiver.

--
Igor Pavlov

Publication date: August 13, 2020