Terms and Conditions
updates to Software shall also be subject to this EULA. If You use the Flume Product, You will be deemed to have accepted the terms and
conditions of this EULA. If You do not intend to be bound to the terms of this EULA, Flume is not willing to license the Software to You; You may not
use the Flume Product or the Software; and You must contact the party from whom You acquired the Flume Product for instructions on how to
return the Flume Product.
Flume and You (or “End User”) (each a “Party” or together the “Parties”) hereby agree as follows:
1. Denitions
1.1. “Aliate” means a business entity currently existing or later acquired that is controlled by, or is under common control with Flume.
1.2. “Documentation" means materials such as user's guides, program reference guides, quick reference guides, manuals, or similar
materials associated with, or related to, the Flume Product, whether in printed; electronic online; or other form.
1.3. “Proprietary Information” means: (a) source code, object code, software, unpublished documentation, and any related internal design,
system design, database design, algorithms, technology, technical data or information, implementation techniques, and trade secrets related
to the Flume Product and/or the Software, (b) any other trade secrets marked appropriately or identied as proprietary or condential,
when disclosed; all of which are not publicly available and (c) any information that End User, under the circumstances, should recognize as
condential to Flume. Proprietary Information does not include any information that the receiving Party can establish was (1) in the public
domain, (2) already in the receiving Party's possession or rightfully known prior to receipt, (3) rightfully learned from a third party not in
violation of any other's proprietary rights, or (4) independently developed without access to Proprietary Information.
1.4. “Flume Product” means the product acquired from Flume or its authorized representative, including all embedded Software and all
Documentation related to such Flume Product.
1.5. “Software” means: (a) any software or computer programs of Flume or its third party licensors in machine readable form which is
embedded in the Flume Product (“Embedded Software);and/or (b) application software solely for use with the Flume Product (“Application
Software”). Software includes any replacement, update, upgrade, enhancement or modication to Embedded Software or Application
Software obtained directly or indirectly by End User.
2. Scope of License Granted
2.1. Flume grants to End User a personal, worldwide, non-exclusive, non-transferable, non-sublicensable, limited license to use the current
version of the Software, solely on the Flume Product in which it is embedded; or for Application Software, the Flume Product for which it is
intended for use ("Designated Flume Product"), in machine-readable form only, solely for End User's internal business purposes. This