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Pixel Sand
Copyright (c) 2017 Kongroth / Trevor Sundberg
*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
1. LICENSE
By receiving, opening the file package, and/or using Pixel Sand("Software") containing this software, 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 Kongroth your use of Pixel Sand indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Kongroth grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Pixel Sand in accordance with this Agreement and any other written agreement with Kongroth. Kongroth does not transfer the title of Pixel Sand to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Kongroth and the purchasers or users of Pixel Sand.
If you do not agree to be bound by this agreement, remove Pixel Sand from your computer now and, if applicable, promptly return to Kongroth by mail any copies of Pixel Sand and related documentation and packaging in your possession.
2. DISTRIBUTION
Pixel Sand 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 Pixel Sand contact Kongroth.
3. USER AGREEMENT
3.1 Use
Your license to use Pixel Sand is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Pixel Sand.
3.2 Use Restrictions
You shall use Pixel Sand in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Pixel Sand 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 Pixel Sand may be used on one single computer location by one user. Use of Pixel Sand means that you have loaded, installed, or run Pixel Sand on a computer or similar device. If you install Pixel Sand onto a multi-user platform, server or network, each and every individual user of Pixel Sand must be licensed separately.
You may make one copy of Pixel Sand 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 Pixel Sand . The assignment, sublicense, networking, sale, or distribution of copies of Pixel Sand are strictly forbidden without the prior written consent of Kongroth. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Pixel Sand. If any person other than yourself uses Pixel Sand 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 Pixel Sand. Nor can you create any derivative works or other works that are based upon or derived from Pixel Sand in whole or in part.
Kongroth's name, logo and graphics file that represents Pixel Sand shall not be used in any way to promote products developed with Pixel Sand . Kongroth retains sole and exclusive ownership of all right, title and interest in and to Pixel Sand and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of Pixel Sand, 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 Kongroth.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend Kongroth , 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 Kongroth's Software.
In no event (including, without limitation, in the event of negligence) will Kongroth , 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, Pixel Sand or the use or inability to use Pixel Sand or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Kongroth'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 Kongroth ) 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 Kongroth.
3.5 Warranties
Except as expressly stated in writing, Kongroth 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 States applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of United States 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 Pixel Sand and destroy all copies of Pixel Sand 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 Pixel Sand AS WELL.
5. CONSENT OF USE OF DATA
You agree that Kongroth may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Pixel Sand. Kongroth may also use this information to provide notices to you which may be of use or interest to you.
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For use of the Pixel Sand website:
Definitions:
Service refers to the Pixel Sand Website (this website).
Author refers to the copyright holder of content that is uploaded to the Service.
Upload refers to the content (zip file, description, images, etc) that is uploaded to the Service.
Consumer refers to any user that is downloading content from the Service.
1. Service will attribute the Upload to the Author. Service will allow a link to be provided with the Upload that directs users to the Author's website.
2. Service will not claim ownership of an Upload made by the Author.
3. The Author grants Service the following worldwide, royalty-free and non-exclusive license(s) to distribute, reproduce, modify, adapt, publicly perform and publicly display the Upload on the Service. However, the Service may not sub-license or sell the Upload.
4. The Author is the sole copyright holder of their respective Upload.
5. The Author will not publish an Upload that is malicious, harmful, or contains hateful, inappropriate, or adult material, as deemed by the Service.
6. The Author agrees that any Upload may be downloaded by a Consumer for the sole use in Pixel Sand.
7. Both Service and the Author may at any time remove the Upload for any reason.
8. The Author and Consumer agree that the Service makes no guarantee or warranty for the Upload(s) or materials made available on the Service. The Service shall not be held liable for any claim or damages.
Copyright (c) 2017 Kongroth / Trevor Sundberg
*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
1. LICENSE
By receiving, opening the file package, and/or using Pixel Sand("Software") containing this software, 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 Kongroth your use of Pixel Sand indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Kongroth grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Pixel Sand in accordance with this Agreement and any other written agreement with Kongroth. Kongroth does not transfer the title of Pixel Sand to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Kongroth and the purchasers or users of Pixel Sand.
If you do not agree to be bound by this agreement, remove Pixel Sand from your computer now and, if applicable, promptly return to Kongroth by mail any copies of Pixel Sand and related documentation and packaging in your possession.
2. DISTRIBUTION
Pixel Sand 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 Pixel Sand contact Kongroth.
3. USER AGREEMENT
3.1 Use
Your license to use Pixel Sand is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Pixel Sand.
3.2 Use Restrictions
You shall use Pixel Sand in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Pixel Sand 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 Pixel Sand may be used on one single computer location by one user. Use of Pixel Sand means that you have loaded, installed, or run Pixel Sand on a computer or similar device. If you install Pixel Sand onto a multi-user platform, server or network, each and every individual user of Pixel Sand must be licensed separately.
You may make one copy of Pixel Sand 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 Pixel Sand . The assignment, sublicense, networking, sale, or distribution of copies of Pixel Sand are strictly forbidden without the prior written consent of Kongroth. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Pixel Sand. If any person other than yourself uses Pixel Sand 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 Pixel Sand. Nor can you create any derivative works or other works that are based upon or derived from Pixel Sand in whole or in part.
Kongroth's name, logo and graphics file that represents Pixel Sand shall not be used in any way to promote products developed with Pixel Sand . Kongroth retains sole and exclusive ownership of all right, title and interest in and to Pixel Sand and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of Pixel Sand, 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 Kongroth.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend Kongroth , 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 Kongroth's Software.
In no event (including, without limitation, in the event of negligence) will Kongroth , 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, Pixel Sand or the use or inability to use Pixel Sand or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Kongroth'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 Kongroth ) 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 Kongroth.
3.5 Warranties
Except as expressly stated in writing, Kongroth 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 States applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of United States 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 Pixel Sand and destroy all copies of Pixel Sand 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 Pixel Sand AS WELL.
5. CONSENT OF USE OF DATA
You agree that Kongroth may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Pixel Sand. Kongroth may also use this information to provide notices to you which may be of use or interest to you.
-------------------------------------------------------------------------------------------
For use of the Pixel Sand website:
Definitions:
Service refers to the Pixel Sand Website (this website).
Author refers to the copyright holder of content that is uploaded to the Service.
Upload refers to the content (zip file, description, images, etc) that is uploaded to the Service.
Consumer refers to any user that is downloading content from the Service.
1. Service will attribute the Upload to the Author. Service will allow a link to be provided with the Upload that directs users to the Author's website.
2. Service will not claim ownership of an Upload made by the Author.
3. The Author grants Service the following worldwide, royalty-free and non-exclusive license(s) to distribute, reproduce, modify, adapt, publicly perform and publicly display the Upload on the Service. However, the Service may not sub-license or sell the Upload.
4. The Author is the sole copyright holder of their respective Upload.
5. The Author will not publish an Upload that is malicious, harmful, or contains hateful, inappropriate, or adult material, as deemed by the Service.
6. The Author agrees that any Upload may be downloaded by a Consumer for the sole use in Pixel Sand.
7. Both Service and the Author may at any time remove the Upload for any reason.
8. The Author and Consumer agree that the Service makes no guarantee or warranty for the Upload(s) or materials made available on the Service. The Service shall not be held liable for any claim or damages.