End user agreement for FantasyCardMaker
END USER LICENCE AGREEMENT and TERMS OF SERVICE
These End User License and Terms of Service constitute a legal agreement between you and Lecta Corp. and spell out the terms and conditions to which users of FantasyCardMaker are expected to adhere. Please read it carefully before using or downloading our program, because by clicking "I Agree" or by using a Site, you agree to be bound by the terms set forth here, as well as (i) the terms of our Privacy Statement and (ii) any supplemental terms of the applicable Site, all of which are hereby incorporated by reference into these End User License and Terms of Service (collectively referred to as the "Agreement"). If you do not agree with or do not wish to be bound by all of the terms and conditions of this Agreement, do not use the Sites nor download our programs. We reserve the right to amend this Agreement at any time and will post the amended Terms of Service here.
This Agreement applies to our family of websites (the "Sites") and products (the “Software”) including Lecta Corp, FantasyCardMaker Software, www.fantasycardmaker.com (collectively, "The Product").
IF YOU DO NOT AGREE TO THE TERMS OF THIS END USER LICENSE AGREEMENT DO NOT INSTALL OR USE THE SOFTWARE.
You represent, warrant and covenant that you are at least 18 years old or the applicable age of majority in your jurisdiction and possess the legal authority to enter into this Agreement, as well as contracts for the purchase of the goods offered by Lecta Corp.
The software produced by Lecta Corp. and made available for download and/or evaluation purposes from the websites of Lecta Corp. are protected by copyright laws and international copyright treaties. Registration and payment for the products are available trough various resellers that can be found on Lecta Corp.'s websites. This license applies to all and any use of the software, including evaluation period of the software.
You agree that the software and all licensed materials it might contain are licensed, not sold to you. You acquire only the right to use the Software and do not acquire any rights, express or implied, in the Software other than those specified in this License. You agree that the software and its content, including the whole website, belong to Lecta Corp., including all intellectual and proprietary rights, unless otherwise specified. Lecta Corp. retains all right, title and interest in and to the software and its content at all times, and regardless of the form or media in or on which the original or other copies may subsequently exist. Any suggestions, ideas or inventions that you voluntarily and optionally disclose to us through any means will be used, or not used, by Lecta Corp. at Lecta Corp.'s sole discretion; and, Lecta Corp. will have no obligation to you regarding any ideas or inventions that you disclose through such means.
You may distribute, for evaluation purposes only, the evaluation (non registered) version of the software only, provided that the copy of the evaluation software is in its original form as supplied by Lecta Corp. and that this distribution is free of charge. Licensee acknowledges that unauthorized reproduction of copies of licensed or copyright material, may constitute a serious crime, and that such actions may also result in a suit for damages, injunctive relief, and attorney fees, pursuant to this agreement and to other rights that the licensor or the owner of the copyright material may have. It is understood, not withstanding any other provisions of this agreement, licensor has the unequivocal right to obtain timely injunctive relief to protect the proprietary rights of Licensor.
Lecta Corp. grants you a non-exclusive license to use this software, as indicated herein. If you have purchased a Single-User License, this Software may be installed on a maximum of two computers, so long as it is ONLY running on one system at any time: i.e. one installation at home and one installation at the office and used only by the licensee. You may not rent, loan, transfer, sub-license the software without the written consent of Lecta Corp.
You may: (a) make a copy of the software for archival purpose only; (b) install the Software on another computer only if you change of workstation. In such a case you must uninstall the software from the previous workstation.
You may not, nor allow or cause a third party to: (a) copy and distribute the Software or any portion of it; (b) sublicense, lease, rent, or transfer this Software to another; (c) cause or permit reverse engineering, disassembly, decompilation or alteration of this Software; (d) remove any product identification, copyright notices, or other notices or proprietary restrictions from this Software; (e) copy the documentation accompanying the software; (f) use copyright material to create composite images; (g) create composite images that are degrading, improper, or against the law; (h) use any image without the consent of the person appearing in it; (i) distribute any composite image.
Lecta Corp. has no obligation to make available to you any subsequent versions of the software. Without limiting Lecta Corp.'s rights, you understand that Lecta Corp., in its discretion, may modify, discontinue, or suspend your right to access the software at any time. Lecta Corp. reserves all rights in the product not expressly granted to you in this Agreement.
The contents of the Product, including all Sites, are intended for the personal, noncommercial use of its users. All materials published on the Sites (including, but not limited to photographs, images, illustrations, product descriptions (collectively, the "Content") are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by Lecta Corp. or the party credited as the provider of such Content, software or other materials. You shall abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through the Service.
You may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials, images, Sites or Service in whole or in part. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited. For the avoidance of doubt, including any Content (in whole or in part) on your personal website, when it is accessible to any other person, is not a personal use and is not permitted.
Licensee may not alter the images to make them appear to be the copyrighted property of anyone other than Licensor. Licensee may not post the product to any "Newsgroup" servers. Licensee may not post the Content to any TGP system (Thumbnail Posts). Licensee is NOT licensed to rent, lease, transfer, network, reprise display, or distribute the images. You may not knowingly allow other websites to use this content, either by renting its usage on any site, or by allowing any site to link to your website.
This License is effective until terminated. You may terminate it at any time by destroying the Software, together with all copies thereof.
Lecta Corp. may, in its sole discretion, terminate the License or suspend your access or refuse service at any time, without notice, to all or part of any of the Sites or Products for any or no reason, including, without limitation, breach of these Terms of Service or infringement of copyrights owned by third parties. The License is automatically revoked if the Licensee declares bankruptcy, obtains a refund of the product payment, or causes the product payment to become invalid through any action, such as fraudulent use or credit card chargeback. Involuntary revocation of the license does not grant Licensee any refund of the payment made. All refunds are given according to Lecta Corp.'s decision. No refunds are given past 30 days after the purchase date. Upon such termination, you agree to destroy the Software, together with all copies thereof.
Neither Lecta Corp. nor any other party involved in creating, producing or delivering the sites or the service shall be responsible to you or any third parties for any direct or indirect, consequential, special, punitive or exemplary damage or loss incurred in connection with use of, or inability to use, any of the sites, the services thereon, or any of the materials provided by Lecta Corp. or third parties through any of the sites or the services thereon, or any damage or loss interruptions, deletions of files, errors, defects, delays in performance of the service, regardless of the claim as to the nature of the cause of action, even if Lecta Corp. has been advised of the possibility of such damage or loss. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions shall only apply to the extent permissible under applicable law.
To the fullest extent permissible under applicable law, Lecta Corp. aggregate liability, and the aggregate liability as licensors, to you or any third parties in any circumstance is limited to one U.S. dollar ($1).
Use of the product is at your own risk. The product is supplied on an "as is," "where is," basis without warranty of any kind, either express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. This disclaimer of warranty constitutes an essential part of the client terms and conditions and end user license agreement. Lecta Corp. Makes no warranty that the product or the supplied materials are accurate, timely, uninterrupted or error-free; that the results that may be obtained from the use of the product will be reliable; that the product will identify any identity theft, that the quality of any products obtained or purchased through the use of the product will meet your expectations; or that any errors in the product will be corrected.
This agreement shall be governed by the laws of Florida, USA, residence of the Licensor. Licensee holds Licensor and Broker harmless for any legal issues related to the distribution of the material as it relates to community standards and adult entertainment laws as set forth in any city/county, state or country of Licensee and their websites. Licensor does not warrant this material to be acceptable in your community, and Licensee assumes full responsibility for the use of the software. Licensor warrants the images are fully copyrighted, and this license warrants these images free of intellectual property violations only.
No personal information is collected when you simply visit or use the website so no information of this kind is shared with any third parties or used for any purposes. To receive technical support or to contact us, you may voluntarily choose to provide personally identifiable information (such as your email address), or other potentially sensitive information. Such information will be used only to respond to you and/or to troubleshoot your problem.
Some general customer data may be shared with third parties, such as the number of visitors, the number of times the software has been installed, countries of origin, etc. If legally required to do so, we will disclose to a third party any information we have.
Copyright © 2006, Lecta Corp., all rights reserved. MyFantasyCardMaker, www.myfantasycardmaker.com are marks of Lecta Corp.