END USER LICENSE AGREEMENT
Please read the following terms and conditions carefully before using this SOFTWARE PRODUCT (“Face Noir”). Your use, distribution or installation of this copy of "Face Noir" indicates your acceptance of this License.
SOFTWARE PRODUCT here means Software, image files, all accompanying files, data and materials received with your order of "Face Noir".
If you do not agree to any of the terms of this License, then do not install, distribute or use the SOFTWARE PRODUCT. If you have purchased a single copy from Phoenix Online Studios and Mad Orange or an authorized distributor, reseller or any retail channel, you may return it unused, within thirty (30) days after purchase, for a refund of your payment less any incidental charges.
Warranty covers defects in the software, which prevents successfully installing the software in the buyer's PC. Warranty does not cover fitness of purpose, not meeting of expectations or needs in the mind of the buyer.
This SOFTWARE PRODUCT is for personal use only and may be installed and used by Multiple computers owned by buyer of the SOFTWARE PRODUCT. Its component parts may not be separated for use on more than one computer. SOFTWARE PRODUCT may be accessed through a network only after obtaining a site license. All components accompanying the software are copyrighted by Phoenix Online Studios and Mad Orange and may not be taken apart, modified, used or published with other software or means except with the SOFTWARE PRODUCT software and may not be distributed or copied in any manner.
This SOFTWARE PRODUCT, all accompanying files, data and materials, are distributed "AS IS" and with no warranties of any kind, whether express or implied. The user must assume all risk of using the program. This disclaimer of warranty constitutes an essential part of the agreement.
Any liability of Phoenix Online Studios and Mad Orange will be limited exclusively to refund of purchase price. In addition, in no event shall Phoenix Online Studios and Mad Orange, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any incidental, consequential, punitive or any other damages whatsoever relating to the use of SOFTWARE PRODUCT.
In addition, in no event does Phoenix Online Studios and Mad Orange authorize you to use this SOFTWARE PRODUCT in applications or systems where SOFTWARE PRODUCT 's failure to perform can reasonably be expected to result in a physical injury, or in loss of life. Any such use by you is entirely at your own risk, and you agree to hold Phoenix Online Studios and Mad Orange harmless from any claims or losses relating to such unauthorized use.
This Agreement constitutes the entire statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This Agreement shall be governed by the laws of California.
Phoenix Online Studios and Mad Orange are the owner of the copyright of this SOFTWARE PRODUCT, all of its derivatives, title and accompanying materials are the exclusive property of Phoenix Online Studios and Mad Orange. All rights of any kind, which are not expressly granted in this License, are entirely and exclusively reserved to and by Phoenix Online Studios and Mad Orange. You may not rent, lease, transfer, modify, translate, reverse engineer, de-compile, disassemble or create derivative works based on this SOFTWARE PRODUCT. You may not make access to SOFTWARE PRODUCT available to others in connection with a service bureau, application service provider, or similar business, or use this SOFTWARE PRODUCT in a business to provide file compression, decompression, or conversion services to others. There are no third party beneficiaries of any promises, obligations or representations made by Phoenix Online Studios and Mad Orange herein.
This SOFTWARE PRODUCT and all services provided may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in
violation of any laws of the United States, State or City law is strictly prohibited.