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END USER LICENSE AGREEMENT
“MDS EULA”
This copy of Otto the Odd Ostrich ("the Software Product") and accompanying
documentation is licensed and not sold. This Software Product is protected by
copyright laws and treaties, as well as laws and treaties related to other forms of
intellectual property, Masondogg Studios, LLC or its subsidiaries, affiliates, and
suppliers (collectively "Masondogg Studios") own intellectual property rights in the
Software Product. The Licensee's ("you" or "your") license to download, use, copy, or
change the Software Product is subject to these rights and to all the terms and
conditions of this End User License Agreement ("Agreement").
Acceptance
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS
AGREEMENT BY SELECTING THE "ACCEPT or INSTALL" OPTION AND
DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING,
USING, OR COPYING THE SOFTWARE PRODUCT. YOU MUST AGREE TO
ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE
ALLOWED TO DOWNLOAD AND OR PLAY WHICHEVER COMES FIRST
THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE
TERMS OF THIS AGREEMENT, YOU MUST SELECT "DECLINE" AND YOU
MUST NOT INSTALL. USE, OR COPY THE SOFTWARE PRODUCT.
License Grant
This Agreement entitles you to install and use one copy of the Software Product. In
addition, you may make one archival copy of the Software Product. The archival copy
must be on a storage medium other than a hard drive, and may only be used for the
reinstallation of the Software Product This Agreement does not permit the installation
or use of multiple copies of the Software Product, or the installation of the Software
Product on more than one computer at any given time, on a system that allows shared
used of applications, on a multi-user network, or on any configuration or system of
computers that allows multiple users. Multiple copy use or installation is only allowed if
you obtain an appropriate licensing agreement for each user and each copy of the
Software Product.
Restrictions on Transfer
Without first obtaining the express written consent of Masondogg Studios, you may not
assign your rights and obligations under this Agreement, or redistribute, encumber,
sell rent, lease. sublicense, or otherwise transfer your rights to the Software Product.
Restrictions on Use
You may not use, copy, or install the Software Product on any system with more than
one computer, or permit the use. copying, or installation of the Software Product by
more than one user or on more than one computer. If you hold multiple, validly
licensed copies, you may not use, copy, or install the Software Product on any system
with more than the number of computers permitted by license, or permit the use.
copying, or installation by more users, or on more computers than the number
permitted by license.
You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to
derive the source code for the Software Product.
Restrictions on Alteration
You may not modify the Software Product or create any derivative work of the
Software Product or its accompanying documentation. Derivative works include but
are not limited to translations. You may not alter any files or libraries in any portion of
the Software Product.
Restrictions on Copying
You may not copy any part of the Software Product except to the extent that licensed
use inherently demands the creation of a temporary copy stored in computer memory
and not permanently affixed on storage medium. You may make one archival copy
which must be stored on a medium other than a computer hard drive.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY
MASONDOGG STUDIOS, MASONDOGG STUDIOS MAKES NO OTHER
WARRANTIES. EXPRESS OR IMPLIED, IN FACT OR IN LAW. INCLUDING.
BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER
THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED
WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE
PRODUCT,
Masondogg Studios makes no warranty that the Software Product will meet your
requirements or operate under your specific conditions of use. Masondogg Studios
makes no warranty that operation of the Software Product will be secure, error free, or
free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE
PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR
SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE
RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE
TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR
REQUIREMENTS. MASONDOGG STUDIOS WILL NOT. UNDER ANY
CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF
DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL MASONDOGG STUDIOS. ITS
DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS BE
LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT.
CONSEQUENTIAL. SPECIAL. INCIDENTAL. PUNITIVE. OR EXEMPLARY
DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS
OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT. OR
FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF
THE SOFTWARE: PRODUCT, WHETHER DUE TO A BREACH OF
CONTRACT. BREACH OF WARRANTY, OR THE NEGLIGENCE OF
MASONDOGG STUDIOS OR ANY OTHER PARTY, EVEN IF MASONDOGG
STUDIOS IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH
DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION
LIMITS MASONDOGG STUDIOS'S ABILITY TO DISCLAIM ANY IMPLIED
WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE
MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this
Agreement is (the correction or replacement of the Software Product. Selection of
whether to correct or replace shall be solely at the discretion of Masondogg Studios.
Masondogg Studios reserves the right to substitute a functionally equivalent copy of
the Software Product as a replacement. If Masondogg Studios is unable to provide a
replacement or substitute Software Product or corrections to the Software Product,
your sole alternate remedy shall be a refund of the purchase price for the Software
Product exclusive of any costs for shipping and handling.
Any claim must be made within the applicable warranty period. All warranties cover
only defects arising under normal use and do not include malfunctions or failure
resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts
of nature, unusual temperatures or humidity, improper installation, or damage
determined by Masondogg Studios to have been caused by you. All limited
warranties on the Software Product are granted only to you and are non-transferable.
You agree to indemnify and hold Masondogg Studios harmless from all claims,
judgments, liabilities, expenses, or costs arising from your breach of this Agreement
and/or acts or omissions.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of Georgia, without regard to Georgia's
conflict or choice of law provisions.
Severability
If any provision of this Agreement shall be held to be invalid or unenforceable, the
remainder of this Agreement shall remain in full force and effect. To the extent any express or
implied restrictions are not permitted by applicable laws, these express or implied restrictions
shall remain in force and effect to the maximum extent permitted by such applicable laws.
“MDS EULA”
This copy of Otto the Odd Ostrich ("the Software Product") and accompanying
documentation is licensed and not sold. This Software Product is protected by
copyright laws and treaties, as well as laws and treaties related to other forms of
intellectual property, Masondogg Studios, LLC or its subsidiaries, affiliates, and
suppliers (collectively "Masondogg Studios") own intellectual property rights in the
Software Product. The Licensee's ("you" or "your") license to download, use, copy, or
change the Software Product is subject to these rights and to all the terms and
conditions of this End User License Agreement ("Agreement").
Acceptance
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS
AGREEMENT BY SELECTING THE "ACCEPT or INSTALL" OPTION AND
DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING,
USING, OR COPYING THE SOFTWARE PRODUCT. YOU MUST AGREE TO
ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE
ALLOWED TO DOWNLOAD AND OR PLAY WHICHEVER COMES FIRST
THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE
TERMS OF THIS AGREEMENT, YOU MUST SELECT "DECLINE" AND YOU
MUST NOT INSTALL. USE, OR COPY THE SOFTWARE PRODUCT.
License Grant
This Agreement entitles you to install and use one copy of the Software Product. In
addition, you may make one archival copy of the Software Product. The archival copy
must be on a storage medium other than a hard drive, and may only be used for the
reinstallation of the Software Product This Agreement does not permit the installation
or use of multiple copies of the Software Product, or the installation of the Software
Product on more than one computer at any given time, on a system that allows shared
used of applications, on a multi-user network, or on any configuration or system of
computers that allows multiple users. Multiple copy use or installation is only allowed if
you obtain an appropriate licensing agreement for each user and each copy of the
Software Product.
Restrictions on Transfer
Without first obtaining the express written consent of Masondogg Studios, you may not
assign your rights and obligations under this Agreement, or redistribute, encumber,
sell rent, lease. sublicense, or otherwise transfer your rights to the Software Product.
Restrictions on Use
You may not use, copy, or install the Software Product on any system with more than
one computer, or permit the use. copying, or installation of the Software Product by
more than one user or on more than one computer. If you hold multiple, validly
licensed copies, you may not use, copy, or install the Software Product on any system
with more than the number of computers permitted by license, or permit the use.
copying, or installation by more users, or on more computers than the number
permitted by license.
You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to
derive the source code for the Software Product.
Restrictions on Alteration
You may not modify the Software Product or create any derivative work of the
Software Product or its accompanying documentation. Derivative works include but
are not limited to translations. You may not alter any files or libraries in any portion of
the Software Product.
Restrictions on Copying
You may not copy any part of the Software Product except to the extent that licensed
use inherently demands the creation of a temporary copy stored in computer memory
and not permanently affixed on storage medium. You may make one archival copy
which must be stored on a medium other than a computer hard drive.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY
MASONDOGG STUDIOS, MASONDOGG STUDIOS MAKES NO OTHER
WARRANTIES. EXPRESS OR IMPLIED, IN FACT OR IN LAW. INCLUDING.
BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER
THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED
WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE
PRODUCT,
Masondogg Studios makes no warranty that the Software Product will meet your
requirements or operate under your specific conditions of use. Masondogg Studios
makes no warranty that operation of the Software Product will be secure, error free, or
free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE
PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR
SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE
RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE
TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR
REQUIREMENTS. MASONDOGG STUDIOS WILL NOT. UNDER ANY
CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF
DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL MASONDOGG STUDIOS. ITS
DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS BE
LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT.
CONSEQUENTIAL. SPECIAL. INCIDENTAL. PUNITIVE. OR EXEMPLARY
DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS
OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT. OR
FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF
THE SOFTWARE: PRODUCT, WHETHER DUE TO A BREACH OF
CONTRACT. BREACH OF WARRANTY, OR THE NEGLIGENCE OF
MASONDOGG STUDIOS OR ANY OTHER PARTY, EVEN IF MASONDOGG
STUDIOS IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH
DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION
LIMITS MASONDOGG STUDIOS'S ABILITY TO DISCLAIM ANY IMPLIED
WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE
MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this
Agreement is (the correction or replacement of the Software Product. Selection of
whether to correct or replace shall be solely at the discretion of Masondogg Studios.
Masondogg Studios reserves the right to substitute a functionally equivalent copy of
the Software Product as a replacement. If Masondogg Studios is unable to provide a
replacement or substitute Software Product or corrections to the Software Product,
your sole alternate remedy shall be a refund of the purchase price for the Software
Product exclusive of any costs for shipping and handling.
Any claim must be made within the applicable warranty period. All warranties cover
only defects arising under normal use and do not include malfunctions or failure
resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts
of nature, unusual temperatures or humidity, improper installation, or damage
determined by Masondogg Studios to have been caused by you. All limited
warranties on the Software Product are granted only to you and are non-transferable.
You agree to indemnify and hold Masondogg Studios harmless from all claims,
judgments, liabilities, expenses, or costs arising from your breach of this Agreement
and/or acts or omissions.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of Georgia, without regard to Georgia's
conflict or choice of law provisions.
Severability
If any provision of this Agreement shall be held to be invalid or unenforceable, the
remainder of this Agreement shall remain in full force and effect. To the extent any express or
implied restrictions are not permitted by applicable laws, these express or implied restrictions
shall remain in force and effect to the maximum extent permitted by such applicable laws.