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This End User License Agreement, including any supplemental terms (collectively hereinafter, the “EULA”) is a legally binding agreement between users (hereinafter, “you,” “your,” “user,” “registered user”) and C Davidicus Schacher dba Fairytale Industries, davidicus, or Fairytale Industries (hereinafter, the “Company,” “we,” “us,” “our) and governs your use of Orbitrel (hereinafter, the “Software”) provided by the Company.
Your use of the Software, and any future release, update, or any other addition to the functionality thereof, shall be subject to the terms prescribed by the Terms and Conditions (hereinafter, T&C) and the EULA of Fairytale Industries.
You are advised to read this EULA and our T&C with attention and care.
By accessing or using the Software, or any software therein, you formally accept, give consent, and agree to the terms of the EULA and T&C. If you do not agree with the prescribed T&C and EULA to the Software, you may not access, use or otherwise download the Software.
Upon visiting, accessing, entering, downloading or otherwise using the Software, you hereby agree and give your formal consent to the use of electronic communication to enter into legally binding contracts to the extent permitted by applicable laws.
You hereby waive any rights under any laws and regulations that may require an original (non-electric) signature to constitute a legally binding contract.
Ownership
The Software and all worldwide copyrights, trade secrets, trademarks and other intellectual property rights therein, are the exclusive property of the Company. We reserve all rights in and to the Software.
License
Subject to the terms under this EULA, we hereby grant you a revocable, non-exclusive, non-transferable, limited license to access, visit, download, install and use the Software solely for your personal, non-commercial purposes, strictly in accordance with the terms of this EULA and T&C.
You may, further, use the Software to create content, strictly for your personal, non-commercial purposes. The Software shall not be used for any other
purpose not prescribed in this EULA.
Fairytale Industries and its agents reserve the exclusive right to revoke, terminate or limit your license and/or use of the Software without notice.
Term and Termination
The EULA and the license granted hereunder shall be deemed to come into effect on the date you first use, access or download the Software, and shall continue unless this EULA is terminated by you or Fairytale Industries and its agents.
This EULA may terminate on itself without notice from Fairytale Industries or its agents if you fail to comply with any terms of the EULA.
We reserve the absolute right to terminate this EULA without notice or reason.
You may terminate the EULA at any time, by permanently deleting, destroying and returning, at your own cost, the Software, all backup copies, and all related materials provided by Fairytale Industries.
Upon termination of this EULA, the license granted hereunder shall terminate and you shall stop all use of the Software immediately.
Restrictions on Users
You agree not to, and you shall not permit others to: license, sell, rent, lease, transfer, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Software or make the Software available to any third parties; copy or use the Software for any purpose other than your own personal, non-commercial purposes; copy or use the Software to facilitate any criminal activity, including but not limited to hacking; or modify, make derivative works of, disassemble, decrypt, translate, reverse compile or reverse engineer any part of the Software.
Limitation of Liability
Notwithstanding anything written herein to the contrary, and to the extent permitted under applicable laws, you and Fairytale Industries hereby acknowledge and agree that we will not be liable for any losses or damages, whether indirect, incidental, special, consequential, exemplary, or punitive, or for any loss of use, or lost data, even if we have been advised of the possibility of such damages.
Notwithstanding anything written herein to the contrary, and to the extent permitted under applicable laws, you and Fairytale Industries hereby acknowledge and agree that the total cumulative liability in connection with the Software, its Terms and Conditions and this EULA, shall at all times, whether in contract or tort or otherwise, be limited to a maximum of a hundred (U.S. $ 100 / USD 100). The existence of more than one claim shall not enlarge or deviate or alter this prescribed limit. Fairytale Industries and its agents disclaim any liability of any kind, and you hereby, by accessing, downloading, registering, or using the Software, give your formal consent to this, and every other clause/provision of this EULA.
Severability and Disclaimers
Neither the rights nor the obligations arising under this EULA are assignable by you, and any such attempted assignment or transfer shall be void and without effect. We reserve the right to freely assign this EULA.
The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this EULA. Any notice to you may be provided by email to the address you have registered with us. We shall have no responsibility to provide maintenance or support services with respect to the Software.
If any provision of this EULA is unenforceable, such provision shall be interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions shall continue in full force and effect.
All waivers by us shall be effective only if in writing. Any waiver or failure by Fairytale Industries, or its agents to enforce any provision of this EULA on one occasion shall not be deemed a waiver of any other provision or of such provision on any other occasion.
You acknowledge that the Software contains valuable trade secrets, trademarks, copyrights, proprietary information and other intellectual properties of Fairytale Industries and davidicus , that any actual or threatened breach of any section of this EULA that may constitute irreparable harm to Fairytale Industries, or its agents shall be liable to any and every damages, including but not limited to, incidental damages, consequential damages, nominal damages, liquidated damages, punitive damages, monetary or any special kind of damages permitted by applicable laws, as an appropriate remedy for such breach. This EULA and the Terms constitute the final, complete, and exclusive agreement between the parties regarding the Software and supersede all prior or contemporaneous agreements, understandings, and communication, whether written or oral.
Intellectual property
You hereby unconditionally agree that all right, title and interest in the copyrights and other intellectual property rights in the Software reside with davidicus, Fairytale Industries, and its agents. The trademarks, logos, designs, and service marks appearing on the Software are registered and unregistered marks of Fairytale Industries and davidicus.
Accordingly, nothing in this EULA or the Software grants you any right to use any form of intellectual property contained in the Software.
Therefore, all rights, titles, interests, and copyrights in and/or to the Software, including but not limited to all images, graphics, animations, audio, video, music, text, data, code, algorithm, and information, are owned by Fairytale Industries and davidicus. Accordingly, the Software is protected by all applicable copyright laws and international treaties, and the Licensee is expected to use the Software concerning all intellectual property contained therein, except as otherwise provided for in this EULA.
Amendments
We reserve the sole right to amend, repeal, modify, replace, terminate or make changes to this EULA, and the Software without notice, from time to time.
If we make material changes to this EULA, or the Software, we shall notify you by sending you an e-mail at your primary email address or in any other way convenient for us, as mentioned in your account details.
Any changes to this EULA, or Software, shall be effective immediately for new users of our Software; otherwise these changes shall be effective upon the
earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you. You are responsible at all times for updating your Account to provide to us your most current e-mail address. If the last e-mail address that you have provided to us is not valid, or for any reason is not capable of delivering the notice described above, our dispatch of the e-mail containing such notice shall nonetheless constitute effective notice of the changes. Continued use of the Software following notice of such changes shall indicate your acknowledgement of, and EULA to be bound by, such changes.
Disclaimer: Warranty
To the extent permitted under Applicable laws, you acknowledge that we provide the Software “as-is” without any warranty of any kind, express or implied, and to the maximum extent permitted by Applicable law. We disclaim all warranties, whether express, implied, or statutory, including but not limited to, warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement. We do not guarantee any specific results from the use of our Software. We make no warranty that the Software shall be uninterrupted, free of viruses, or other harmful code, timely, secure or error or bug free.
https://fairytale.davidicus.com/eula/
Your use of the Software, and any future release, update, or any other addition to the functionality thereof, shall be subject to the terms prescribed by the Terms and Conditions (hereinafter, T&C) and the EULA of Fairytale Industries.
You are advised to read this EULA and our T&C with attention and care.
By accessing or using the Software, or any software therein, you formally accept, give consent, and agree to the terms of the EULA and T&C. If you do not agree with the prescribed T&C and EULA to the Software, you may not access, use or otherwise download the Software.
Upon visiting, accessing, entering, downloading or otherwise using the Software, you hereby agree and give your formal consent to the use of electronic communication to enter into legally binding contracts to the extent permitted by applicable laws.
You hereby waive any rights under any laws and regulations that may require an original (non-electric) signature to constitute a legally binding contract.
Ownership
The Software and all worldwide copyrights, trade secrets, trademarks and other intellectual property rights therein, are the exclusive property of the Company. We reserve all rights in and to the Software.
License
Subject to the terms under this EULA, we hereby grant you a revocable, non-exclusive, non-transferable, limited license to access, visit, download, install and use the Software solely for your personal, non-commercial purposes, strictly in accordance with the terms of this EULA and T&C.
You may, further, use the Software to create content, strictly for your personal, non-commercial purposes. The Software shall not be used for any other
purpose not prescribed in this EULA.
Fairytale Industries and its agents reserve the exclusive right to revoke, terminate or limit your license and/or use of the Software without notice.
Term and Termination
The EULA and the license granted hereunder shall be deemed to come into effect on the date you first use, access or download the Software, and shall continue unless this EULA is terminated by you or Fairytale Industries and its agents.
This EULA may terminate on itself without notice from Fairytale Industries or its agents if you fail to comply with any terms of the EULA.
We reserve the absolute right to terminate this EULA without notice or reason.
You may terminate the EULA at any time, by permanently deleting, destroying and returning, at your own cost, the Software, all backup copies, and all related materials provided by Fairytale Industries.
Upon termination of this EULA, the license granted hereunder shall terminate and you shall stop all use of the Software immediately.
Restrictions on Users
You agree not to, and you shall not permit others to: license, sell, rent, lease, transfer, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Software or make the Software available to any third parties; copy or use the Software for any purpose other than your own personal, non-commercial purposes; copy or use the Software to facilitate any criminal activity, including but not limited to hacking; or modify, make derivative works of, disassemble, decrypt, translate, reverse compile or reverse engineer any part of the Software.
Limitation of Liability
Notwithstanding anything written herein to the contrary, and to the extent permitted under applicable laws, you and Fairytale Industries hereby acknowledge and agree that we will not be liable for any losses or damages, whether indirect, incidental, special, consequential, exemplary, or punitive, or for any loss of use, or lost data, even if we have been advised of the possibility of such damages.
Notwithstanding anything written herein to the contrary, and to the extent permitted under applicable laws, you and Fairytale Industries hereby acknowledge and agree that the total cumulative liability in connection with the Software, its Terms and Conditions and this EULA, shall at all times, whether in contract or tort or otherwise, be limited to a maximum of a hundred (U.S. $ 100 / USD 100). The existence of more than one claim shall not enlarge or deviate or alter this prescribed limit. Fairytale Industries and its agents disclaim any liability of any kind, and you hereby, by accessing, downloading, registering, or using the Software, give your formal consent to this, and every other clause/provision of this EULA.
Severability and Disclaimers
Neither the rights nor the obligations arising under this EULA are assignable by you, and any such attempted assignment or transfer shall be void and without effect. We reserve the right to freely assign this EULA.
The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this EULA. Any notice to you may be provided by email to the address you have registered with us. We shall have no responsibility to provide maintenance or support services with respect to the Software.
If any provision of this EULA is unenforceable, such provision shall be interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions shall continue in full force and effect.
All waivers by us shall be effective only if in writing. Any waiver or failure by Fairytale Industries, or its agents to enforce any provision of this EULA on one occasion shall not be deemed a waiver of any other provision or of such provision on any other occasion.
You acknowledge that the Software contains valuable trade secrets, trademarks, copyrights, proprietary information and other intellectual properties of Fairytale Industries and davidicus , that any actual or threatened breach of any section of this EULA that may constitute irreparable harm to Fairytale Industries, or its agents shall be liable to any and every damages, including but not limited to, incidental damages, consequential damages, nominal damages, liquidated damages, punitive damages, monetary or any special kind of damages permitted by applicable laws, as an appropriate remedy for such breach. This EULA and the Terms constitute the final, complete, and exclusive agreement between the parties regarding the Software and supersede all prior or contemporaneous agreements, understandings, and communication, whether written or oral.
Intellectual property
You hereby unconditionally agree that all right, title and interest in the copyrights and other intellectual property rights in the Software reside with davidicus, Fairytale Industries, and its agents. The trademarks, logos, designs, and service marks appearing on the Software are registered and unregistered marks of Fairytale Industries and davidicus.
Accordingly, nothing in this EULA or the Software grants you any right to use any form of intellectual property contained in the Software.
Therefore, all rights, titles, interests, and copyrights in and/or to the Software, including but not limited to all images, graphics, animations, audio, video, music, text, data, code, algorithm, and information, are owned by Fairytale Industries and davidicus. Accordingly, the Software is protected by all applicable copyright laws and international treaties, and the Licensee is expected to use the Software concerning all intellectual property contained therein, except as otherwise provided for in this EULA.
Amendments
We reserve the sole right to amend, repeal, modify, replace, terminate or make changes to this EULA, and the Software without notice, from time to time.
If we make material changes to this EULA, or the Software, we shall notify you by sending you an e-mail at your primary email address or in any other way convenient for us, as mentioned in your account details.
Any changes to this EULA, or Software, shall be effective immediately for new users of our Software; otherwise these changes shall be effective upon the
earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you. You are responsible at all times for updating your Account to provide to us your most current e-mail address. If the last e-mail address that you have provided to us is not valid, or for any reason is not capable of delivering the notice described above, our dispatch of the e-mail containing such notice shall nonetheless constitute effective notice of the changes. Continued use of the Software following notice of such changes shall indicate your acknowledgement of, and EULA to be bound by, such changes.
Disclaimer: Warranty
To the extent permitted under Applicable laws, you acknowledge that we provide the Software “as-is” without any warranty of any kind, express or implied, and to the maximum extent permitted by Applicable law. We disclaim all warranties, whether express, implied, or statutory, including but not limited to, warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement. We do not guarantee any specific results from the use of our Software. We make no warranty that the Software shall be uninterrupted, free of viruses, or other harmful code, timely, secure or error or bug free.
https://fairytale.davidicus.com/eula/