End user agreement for They're Alive!
Welcome to They're Alive!
1. Personal Use. This software is made available to you for your personal use only. The author reserves the right to refuse service to anyone at any time without notice for any reason.
2. Proper Use. You agree that you are responsible for your usage and for any consequences thereof. You agree that you will use the Software in compliance with all applicable local, state, national, and international laws, rules and regulations. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Software to transmit or otherwise distribute or access any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by the author; (ii) transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Software; (iv) use the Software for any fraudulent or inappropriate purpose, or (v) remove any copyright, trademark or other proprietary rights notices contained in the Software. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. The author reserves the right, but shall have no obligation, to investigate your use of the Software in order (a) to determine whether a violation of the Agreement has occurred or (b) to comply with any applicable law, regulation, legal process or governmental request.
3. Third-party content. The author takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features) accessed through the Software nor does the author have the ability to monitor such third-party content.
4. Intellectual Property Rights. You acknowledge that the author owns all right, title and interest in and to the Software, including all intellectual property rights. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Software.
5. No Resale of the Software. Unless expressly authorized in writing by the author, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Software, (b) use of the Software, or (c) access to the Software. The author grants you a personal, non-transferable and non-exclusive right and license to use the Software on your computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right of the Software.
6. Automatic Updates. The Software may communicate with it's servers to check for available updates to the software, including bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). During this process, the Software sends it's servers a request for the latest version information. By installing this Software, you hereby agree to automatically request and receive Updates from our servers.
7. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to use the Software is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
8. Termination; Uninstallation. You can uninstall the Software at any time through the "Add or Remove Programs" Control Panel. The author may, in its sole discretion, at any time and for any reason, terminate the Software or terminate this Agreement.
9. Indemnification. You agree to hold harmless and indemnify the author, and all its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Software, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, the author will provide you with written notice of such claim, suit or action.
This program is supplied as is. The author disclaims all warranties, expressed or implied, including, without limitation, the warranties of merchantability, fitness for any purpose and non-infringement of proprietary rights. The author assumes no liability for damages, direct or consequential, which may result from the use of this program. The author will provide no remedy for indirect, consequential, punitive or incidental damages arising from the use of this program, including such from negligence, or a defect in this program, even after notice of the possibility of such damages. The author disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through this software.
By using the program you acknowledge that you have read the above terms, understood it, and agreed to be bound by it's terms and conditions. You understand and agree that you download or otherwise obtain this software at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download or use of this software.
If you do not agree with the stated rules and regulations or you do not understand the meaning of the legal terms stated, you should uninstall the program and delete all the files included in the package.