End User License
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
By receiving, opening the file package, and/or using any LunarLincoln Add-ons (“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 LunarLincoln your use of LunarLincoln Add-ons indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, LunarLincoln grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use LunarLincoln Add-ons in accordance with this Agreement and any other written agreement with LunarLincoln. LunarLincoln does not transfer the title of LunarLincoln Add-ons to you; the license granted to you is not a sale. This agreement is a binding legal agreement between LunarLincoln and the purchasers or users of LunarLincoln Add-ons.
If you do not agree to be bound by this agreement, remove LunarLincoln Add-ons from your computer now and, if applicable, promptly return to LunarLincoln by mail any copies of LunarLincoln Add-ons and related documentation and packaging in your possession.
LunarLincoln Add-ons 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 LunarLincoln Add-ons contact LunarLincoln.
3. USER AGREEMENT
Your license to use LunarLincoln Add-ons is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of LunarLincoln Add-ons.
3.2 Use Restrictions
You shall use LunarLincoln Add-ons in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of LunarLincoln Add-ons 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 LunarLincoln Add-ons may be used on one single instance. Use of LunarLincoln Add-ons means that you have loaded, installed, or run LunarLincoln Add-ons on a computer or similar device.
You may make one copy of LunarLincoln Add-ons for backup purposes, providing you only have one copy installed on one instance. Other users may not use your copy of LunarLincoln Add-ons . The assignment, sublicense, networking, sale, or distribution of copies of LunarLincoln Add-ons are strictly forbidden without the prior written consent of LunarLincoln. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of LunarLincoln Add-ons. If any person other than yourself uses LunarLincoln Add-ons 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 LunarLincoln Add-ons. Nor can you create any derivative works or other works that are based upon or derived from LunarLincoln Add-ons in whole or in part.
LunarLincoln’s name, logo and graphics file that represents LunarLincoln Add-ons shall not be used in any way to promote products developed with LunarLincoln Add-ons. LunarLincoln retains sole and exclusive ownership of all right, title and interest in and to LunarLincoln Add-ons and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of LunarLincoln Add-ons, 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 program. All rights not expressly granted hereunder are reserved for LunarLincoln.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend LunarLincoln , 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 LunarLincoln’s Software.
In no event (including, without limitation, in the event of negligence) will LunarLincoln , 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, LunarLincoln Add-ons or the use or inability to use LunarLincoln Add-ons or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
LunarLincoln’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 LunarLincoln ) 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 LunarLincoln.
Except as expressly stated in writing, LunarLincoln 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.
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 LunarLincoln Add-ons and destroy all copies of LunarLincoln Add-ons 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 LunarLincoln Add-ons AS WELL.
5. CONSENT OF USE OF DATA
You agree that LunarLincoln may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to LunarLincoln Add-ons. LunarLincoln may also use this information to provide notices to you which may be of use or interest to you.
Client grants to LunarLincoln LLC a limited, nonexclusive, nontransferable, royalty-free license to use the trademarks, logos and trade names of Client (collectively, the “Client Trademarks”) in connection with marketing and promotion of LunarLincoln LLC, including listing Client as a customer of LunarLincoln LLC on its website and using Client’s name as a reference. LunarLincoln LLC acknowledges Client’s ownership of the Client Trademarks and LunarLincoln LLC agrees that it will do nothing inconsistent with such ownership. LunarLincoln LLC may include in its portfolio screen shots, photographs, reproductions or samples of the Deliverables or LunarLincoln LLC’s work process, (but not prior to Client publicly releasing materials containing the Deliverables) and use the portfolio items in any medium for self-promotional, marketing or editorial purposes.
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