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END USER LICENSE AGREEMENT
Whirligig
Copyright (c) 2016-2017 Philippa Edward Day
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
1.LICENCE
By receiving, opening the file package, and/or using this software containing Whirligig, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by Philippa Edward Day your use of Whirligig indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Philippa Edward Day grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Whirligig in accordance with this Agreement and any other written agreement with Philippa Edward Day. Philippa Edward Day does not transfer the title of Whirligig to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Philippa Edward Day and the purchasers or users of Whirligig.
If you do not agree to be bound by this agreement, remove Whirligig from your computer now and, if applicable, promptly return to Philippa Edward Day by mail any copies of Whirligig and related documentation and packaging in your possession.
2. DISTRIBUTION
Whirligig and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Whirligig contact Philippa Edward Day.
3. USER AGREEMENT
3.1 Use
Your license to use Whirligig is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Whirligig.
3.2 Use Restrictions
You shall use Whirligig in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, distribution of Whirligig together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of Whirligig may be used on one single computer location by one user. Use of Whirligig means that you have loaded, installed, or run Whirligig on a computer or similar device. If you install Whirligig onto a multi-user platform, server or network, each and every individual user of Whirligig must be licensed separately.
You may make one copy of Whirligig for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of Whirligig . The assignment, sublicense, networking, sale, or distribution of copies of Whirligig are strictly forbidden without the prior written consent of Philippa Edward Day. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Whirligig. If any person other than yourself uses Whirligig registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Whirligig. Nor can you create any derivative works or other works that are based upon or derived from Whirligig in whole or in part.
Philippa Edward Day's name, logo and graphics file that represents Whirligig shall not be used in any way to promote products developed with Whirligig . Philippa Edward Day retains sole and exclusive ownership of all right, title and interest in and to Whirligig and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of Whirligig, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Philippa Edward Day.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend Philippa Edward Day , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Philippa Edward Day's Software.
In no event (including, without limitation, in the event of negligence) will Philippa Edward Day , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Whirligig or the use or inability to use Whirligig or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Philippa Edward Day's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Philippa Edward Day ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Philippa Edward Day.
3.5 Warranties
Except as expressly stated in writing, Philippa Edward Day makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the law of the United Kingdom applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of United Kingdom therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
3.7 Termination
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Whirligig and destroy all copies of Whirligig supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Whirligig AS WELL.
Whirligig
Copyright (c) 2016-2017 Philippa Edward Day
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
1.LICENCE
By receiving, opening the file package, and/or using this software containing Whirligig, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by Philippa Edward Day your use of Whirligig indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Philippa Edward Day grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Whirligig in accordance with this Agreement and any other written agreement with Philippa Edward Day. Philippa Edward Day does not transfer the title of Whirligig to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Philippa Edward Day and the purchasers or users of Whirligig.
If you do not agree to be bound by this agreement, remove Whirligig from your computer now and, if applicable, promptly return to Philippa Edward Day by mail any copies of Whirligig and related documentation and packaging in your possession.
2. DISTRIBUTION
Whirligig and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Whirligig contact Philippa Edward Day.
3. USER AGREEMENT
3.1 Use
Your license to use Whirligig is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Whirligig.
3.2 Use Restrictions
You shall use Whirligig in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, distribution of Whirligig together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of Whirligig may be used on one single computer location by one user. Use of Whirligig means that you have loaded, installed, or run Whirligig on a computer or similar device. If you install Whirligig onto a multi-user platform, server or network, each and every individual user of Whirligig must be licensed separately.
You may make one copy of Whirligig for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of Whirligig . The assignment, sublicense, networking, sale, or distribution of copies of Whirligig are strictly forbidden without the prior written consent of Philippa Edward Day. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Whirligig. If any person other than yourself uses Whirligig registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Whirligig. Nor can you create any derivative works or other works that are based upon or derived from Whirligig in whole or in part.
Philippa Edward Day's name, logo and graphics file that represents Whirligig shall not be used in any way to promote products developed with Whirligig . Philippa Edward Day retains sole and exclusive ownership of all right, title and interest in and to Whirligig and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of Whirligig, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Philippa Edward Day.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend Philippa Edward Day , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Philippa Edward Day's Software.
In no event (including, without limitation, in the event of negligence) will Philippa Edward Day , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Whirligig or the use or inability to use Whirligig or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Philippa Edward Day's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Philippa Edward Day ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Philippa Edward Day.
3.5 Warranties
Except as expressly stated in writing, Philippa Edward Day makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the law of the United Kingdom applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of United Kingdom therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
3.7 Termination
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Whirligig and destroy all copies of Whirligig supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Whirligig AS WELL.