End user agreement for Souptoys
SOUPTOYS END USER LICENSE AGREEMENT
IMPORTANT-READ CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE:
This Souptoys End User License Agreement ("Agreement") is a binding agreement between you and Souptoys Pty Ltd("Souptoys") which governs the use and distribution of the Souptoys software product "Souptoys Toybox" and related computer software and documentation (including updates and supplements) ("Software"). Any product provided along with the Software that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement.
By installing, copying, downloading, accessing or otherwise using the Software, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement:
(i) do not use or install the Software
All copyright, intellectual property and all other associated moral and other rights in the Software are and remain the sole property of Souptoys.
Copyright in the Souptoys website, in all its contents and in all contents uploaded to the site, including but not limited to 'Playsets', remains at all times the property of Souptoys Pty Ltd. Souptoys retains the right to distribute any contents uploaded to its site, to edit this content and to remove any inappropriate material from the site at any time.
GRANT OF LICENSE
Souptoys grants you a non-transferable and non-sublicenseable license to install and use a copy of the Software for your personal non-commercial home entertainment use on one personal computer or personal digital assistant ("License") on the terms and conditions of this Agreement. The Software in both object code and source code form includes valuable trade secret information of Souptoys. You must not make any copies of the Software beyond the number necessary to exercise your license rights in the Software and must not provide copies of the Software to any third party.
NO COMMERCIAL USE
You must not use the Software for any commercial purpose, including:
a) distribution (electronically or otherwise);
e) display; or
f) offering on a pay-per-play, coin-op or other for charge basis.
NO REVERSE ENGINEERING, DECOMPILATION OR DISASSEMBLY
You must not reverse engineer, decompile or disassemble the Software or otherwise attempt to gain access to the source code for the Software.
You must not rent, lease, sell, sublicense, lend or otherwise transfer or assign your rights or obligations under this Agreement to any person or entity.
RESERVATION OF RIGHTS
Souptoys reserves all rights not expressly granted under this Agreement.
If the Software was provided to you for trial use for a limited period of time or number of uses, you agree not to use the Software following the expiration of the trial period. You acknowledge and agree that the Software may include code designed to prevent you from exceeding these limits, and that such code may remain on your computer after deletion of the Software in order to prevent you from installing another copy and repeating the trial period.
Souptoys and its suppliers retain all ownership of the Software and all copies thereof. Except as expressly provided in this Agreement, you may not make copies of the Software, except as reasonably necessary to run, install or use the Software in accordance with the uses for which you have been granted this Agreement.
You must not export or re-export the Software, or any part thereof, or any process or service that is the direct product of the Software, except with the prior written permission of Souptoys and in accordance with all applicable Australian export restrictions.
Any breach of this Agreement will result in the immediate termination of your License and Souptoys may take any action it deems necessary to recover any losses or damages from you.
GOVERNING LAW AND VENUE.
This Agreement is governed by the laws of the State of Western Australia, Australia, excluding its conflict of laws rules, and specifically excludes the United Nations Convention on Contracts for the International Sale of Goods. In any action or suit to enforce any right or remedy under this Agreement or to interpret any provision of this Agreement, the courts of the State of Western Australia shall have exclusive jurisdiction over any such suit or action, and you hereby agree to submit to the jurisdiction of such courts.
This Agreement constitutes the entire agreement between you and Souptoys with respect to the Software, and replaces all other agreements or representations, whether written or oral. The terms of this Agreement may be modified at any time by Souptoys providing you with new written terms and conditions via the Souptoys web site. Any part of this Agreement that is held to be unenforceable will be enforced to the maximum extent allowed by applicable law, and will not affect the enforceability of any other part of this Agreement. The original of this Agreement is in English. If it is translated into another language, the English language version shall prevail.
SOUPTOYS AND ITS SUPPLIERS, TO THE EXTENT PERMISSIBLE BY LAW, MAKE NO, AND HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE. SOUPTOYS AND ITS SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR THAT ACCESS TO THE SOFTWARE WILL BE UNINTERRUPTED AND WITHOUT COMPROMISE TO SECURITY SYSTEMS. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SOFTWARE IS "AS IS," AND "AT YOUR OWN RISK".
LIMITATION OF LIABILITY.
SOUPTOYS AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR CONFIDENTIAL INFORMATION, LOSS OF PRIVACY, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF SOUPTOYS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF SOUPTOYS AND ITS SUPPLIERS UNDER THIS AGREEMENT AND LIMITED WARRANTY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE THAT CAUSES THE DAMAGE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
If you have any queries regarding these terms and conditions you may contact Souptoys at email@example.com
©2009 Souptoys. Souptoys Toybox is a trademark of Souptoys Pty Ltd. All rights reserved.