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IMPORTANT - PLEASE READ CAREFULLY: This End User License Agreement ("EULA") is a legal document that explains your rights and obligations related to your use of I, W.O.M.A.N. and related content. By downloading or using this software or any related content, you are agreeing to be bound by the terms of this Agreement. If you do not or cannot agree to the terms of this Agreement, please do not download, install, or use this software or any related content.
This End User License Agreement is between You and Occupational Hazard LLC and governs Your use of the Licensed Application, I, W.O.M.A.N., and related content.
1. License Grant
Subject to the terms off this Agreement, Occupational Hazard LLC grants you a nonexclusive, nontransferable, revocable license to use the Licensed Application as permitted by this Agreement solely for your personal and noncommercial use. The Licensed Application cannot be used for any other purpose. You are not permitted to adapt, copy, lease, rent, sublicense, publish, modify, translate, reverse engineer, decompile, or disassemble all or a portion of the Licensed Application.
The License becomes effective on the date you accept this Agreement or download the I, W.O.M.A.N. Application or any related content. The License does not grant you any title or ownership of the Licensed Application.
2. User License
The Licensed Application is licensed to you for use by a single User. The User may store the Licensed Application on any of the User's computers, but the Licensed Application cannot be shared with others without express permission from Occupational Hazard LLC, which Occupational Hazard LLC has the right to revoke at any time.
Under the License, the User may use the Licensed Application for as long as you comply with this Agreement. If you are a legal entity, references to "you" in this agreement also apply to the User in all cases. You are responsible for the User's compliance with this Agreement.
3. Support
Occupational Hazard LLC does not have any support obligations with respect to the Licensed Application under this Agreement.
4.Termination Conditions
You may terminate this Agreement at any time by permanently deleting, destroying, and returning, at your own cost, the Licensed Application, all backup copies and all related materials provided by or created by Occupational Hazard LLC. Occupational Hazard LLC may terminate this Agreement at any time without notice if you fail to comply with any terms or conditions of this Agreement. Once it is terminated, you must stop using the Application and delete all copies of the Application and associated materials already copied and/or installed on your devices and/or computer(s) immediately.
5. Disclaimer of Warranties
You acknowledge that the software is provided "as is" without warranty of any kind, express or implied, and to the maximum extent permitted by applicable law. Occupational Hazard LLC does not make any warranties, express or implied, including but not limited to the warranties of merchantability, satisfactory quality, fitness to a particular purpose, accuracy, enjoyment, and non-infringement of third party rights. There is no warranty by Occupational Hazard LLC or by any other party that the functions contained in the Licensed Application will meet your requirements or that the operation of the software will be uninterrupted or error-free. You assume all responsibility and risk for the selection of the Licensed Application, for the installation, use, and results obtained from the Licensed Application.
6. Limitation of Liability
To the fullest extent of applicable law, Occupational Hazard LLC will not be liable for special, incidental, or consequential damages resulting from possession, use, or malfunction of the Licensed Application, including, but not limited to, damages to property, loss of goodwill, computer failure or malfunction, and, to the extent permitted by law, damaged for personal injuries, property damage, or lost profits or punitive damages from any causes of action arising out of or related to this agreement or the Licensed Application, whether arising in tort (including negligence), contract, strict liability, or otherwise, whether or not Occupational Hazard LLC has been advised of the possibility of such damages. To the fullest extent of applicable law, Occupational Hazard LLC's liability for all damages shall not (except as required by applicable law) exceed the actual price paid by you for the use of the Licensed Application.
7. Indemnity
You agree to indemnify, pay the defense costs of, and hold Occupational Hazard LLC, its licensors, its and their affiliates, and its and their employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses. liabilities, and expenses (including attorneys' fees, costs, and expert witnesses' fees) that arise from or in connection with (a) any claim that, if true, would constitute a breach by you of this Agreement or negligence by you, (b) any claim brought by a third party to whom you Distributed or sublicensed the Licensed Application in violation of this Agreement, (c) any federal, state, or foreign civil or criminal actions related to the Licensed Application. You agree to reimburse Occupational Hazard LLC on demand for any defense costs incurred by Occupational Hazard LLC and any payments made or damage or loss suffered by Occupational Hazard LLC, whether in a court judgement or settlement, based on any matter covered by this Section 7.
If you are prohibited by law from entering in the indemnification obligation above, then you assume, to the extent permitted by law, all liability for all the claims, demands, actions, losses, liabilities, and expenses (including attorneys' fees, costs and expert witnesses' fees) that are stated subject matter of the indemnification obligation above.
8. Jurisdiction and Governing Laws
This Agreement is entered into in the State of Washington and shall be governed by, and construed in accordance with, the laws of the State of Washington, exclusive of its choice of law rules. For any disputes not subject to binding individual arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts in Snohomish County, Washington, and waive any jurisdictional, venue, or inconvenient forum objections to such courts (but without either party's rights to remove a case to federal court if permissible). This paragraph will be interpreted as broadly as applicable law permits.
9. Contact Information
If you have any questions about these terms or our Services you may contact us by email at david@occupationalhazardllc.com.
10. Ownership
All title, ownership rights and intellectual property rights in and to I, W.O.M.A.N. (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names, and any other elements which are part of the Licensed Application, individually or in combination) and any and all copies thereof are owned by Occupational Hazard LLC or its licensors. The Licensed Application is protected by national and international laws, copyright treaties and conventions and other laws. This Licensed Application may contain certain licensed materials and, in that event, Occupational Hazard LLC's licensors my protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited with Occupational Hazard LLC's prior and express permission and, if applicable, Occupational Hazard LLC's Licensors' and representatives' prior and express permission. Except as expressly set forth in the EULA, all rights not granted hereunder to You are expressly reserved by Occupational Hazard LLC.
This License confers no title or ownership of the Licensed Application and should not be construed as a sale of any right to the Licensed Application.
11. Amendments of this Agreement
Occupational Hazard LLC may issue an amended Agreement at any time in its discretion by providing notice to you or by providing you with digital access to the amended Agreement when you access a new updated version of the Licensed Application. If you are a legal entity, acceptance of an amended Agreement by any of your Users will be binding on you.
This End User License Agreement is between You and Occupational Hazard LLC and governs Your use of the Licensed Application, I, W.O.M.A.N., and related content.
1. License Grant
Subject to the terms off this Agreement, Occupational Hazard LLC grants you a nonexclusive, nontransferable, revocable license to use the Licensed Application as permitted by this Agreement solely for your personal and noncommercial use. The Licensed Application cannot be used for any other purpose. You are not permitted to adapt, copy, lease, rent, sublicense, publish, modify, translate, reverse engineer, decompile, or disassemble all or a portion of the Licensed Application.
The License becomes effective on the date you accept this Agreement or download the I, W.O.M.A.N. Application or any related content. The License does not grant you any title or ownership of the Licensed Application.
2. User License
The Licensed Application is licensed to you for use by a single User. The User may store the Licensed Application on any of the User's computers, but the Licensed Application cannot be shared with others without express permission from Occupational Hazard LLC, which Occupational Hazard LLC has the right to revoke at any time.
Under the License, the User may use the Licensed Application for as long as you comply with this Agreement. If you are a legal entity, references to "you" in this agreement also apply to the User in all cases. You are responsible for the User's compliance with this Agreement.
3. Support
Occupational Hazard LLC does not have any support obligations with respect to the Licensed Application under this Agreement.
4.Termination Conditions
You may terminate this Agreement at any time by permanently deleting, destroying, and returning, at your own cost, the Licensed Application, all backup copies and all related materials provided by or created by Occupational Hazard LLC. Occupational Hazard LLC may terminate this Agreement at any time without notice if you fail to comply with any terms or conditions of this Agreement. Once it is terminated, you must stop using the Application and delete all copies of the Application and associated materials already copied and/or installed on your devices and/or computer(s) immediately.
5. Disclaimer of Warranties
You acknowledge that the software is provided "as is" without warranty of any kind, express or implied, and to the maximum extent permitted by applicable law. Occupational Hazard LLC does not make any warranties, express or implied, including but not limited to the warranties of merchantability, satisfactory quality, fitness to a particular purpose, accuracy, enjoyment, and non-infringement of third party rights. There is no warranty by Occupational Hazard LLC or by any other party that the functions contained in the Licensed Application will meet your requirements or that the operation of the software will be uninterrupted or error-free. You assume all responsibility and risk for the selection of the Licensed Application, for the installation, use, and results obtained from the Licensed Application.
6. Limitation of Liability
To the fullest extent of applicable law, Occupational Hazard LLC will not be liable for special, incidental, or consequential damages resulting from possession, use, or malfunction of the Licensed Application, including, but not limited to, damages to property, loss of goodwill, computer failure or malfunction, and, to the extent permitted by law, damaged for personal injuries, property damage, or lost profits or punitive damages from any causes of action arising out of or related to this agreement or the Licensed Application, whether arising in tort (including negligence), contract, strict liability, or otherwise, whether or not Occupational Hazard LLC has been advised of the possibility of such damages. To the fullest extent of applicable law, Occupational Hazard LLC's liability for all damages shall not (except as required by applicable law) exceed the actual price paid by you for the use of the Licensed Application.
7. Indemnity
You agree to indemnify, pay the defense costs of, and hold Occupational Hazard LLC, its licensors, its and their affiliates, and its and their employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses. liabilities, and expenses (including attorneys' fees, costs, and expert witnesses' fees) that arise from or in connection with (a) any claim that, if true, would constitute a breach by you of this Agreement or negligence by you, (b) any claim brought by a third party to whom you Distributed or sublicensed the Licensed Application in violation of this Agreement, (c) any federal, state, or foreign civil or criminal actions related to the Licensed Application. You agree to reimburse Occupational Hazard LLC on demand for any defense costs incurred by Occupational Hazard LLC and any payments made or damage or loss suffered by Occupational Hazard LLC, whether in a court judgement or settlement, based on any matter covered by this Section 7.
If you are prohibited by law from entering in the indemnification obligation above, then you assume, to the extent permitted by law, all liability for all the claims, demands, actions, losses, liabilities, and expenses (including attorneys' fees, costs and expert witnesses' fees) that are stated subject matter of the indemnification obligation above.
8. Jurisdiction and Governing Laws
This Agreement is entered into in the State of Washington and shall be governed by, and construed in accordance with, the laws of the State of Washington, exclusive of its choice of law rules. For any disputes not subject to binding individual arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts in Snohomish County, Washington, and waive any jurisdictional, venue, or inconvenient forum objections to such courts (but without either party's rights to remove a case to federal court if permissible). This paragraph will be interpreted as broadly as applicable law permits.
9. Contact Information
If you have any questions about these terms or our Services you may contact us by email at david@occupationalhazardllc.com.
10. Ownership
All title, ownership rights and intellectual property rights in and to I, W.O.M.A.N. (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names, and any other elements which are part of the Licensed Application, individually or in combination) and any and all copies thereof are owned by Occupational Hazard LLC or its licensors. The Licensed Application is protected by national and international laws, copyright treaties and conventions and other laws. This Licensed Application may contain certain licensed materials and, in that event, Occupational Hazard LLC's licensors my protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited with Occupational Hazard LLC's prior and express permission and, if applicable, Occupational Hazard LLC's Licensors' and representatives' prior and express permission. Except as expressly set forth in the EULA, all rights not granted hereunder to You are expressly reserved by Occupational Hazard LLC.
This License confers no title or ownership of the Licensed Application and should not be construed as a sale of any right to the Licensed Application.
11. Amendments of this Agreement
Occupational Hazard LLC may issue an amended Agreement at any time in its discretion by providing notice to you or by providing you with digital access to the amended Agreement when you access a new updated version of the Licensed Application. If you are a legal entity, acceptance of an amended Agreement by any of your Users will be binding on you.