End user agreement for Valentines Day coloring activity book
FREE USE LICENSE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS.
YOU AGREE THAT ALL OF THE TERMS AND CONDITIONS BELOW APPLY TO YOU AND ANYONE ELSE WHO USES THIS SOFTWARE, IF EITHER:
· YOU CLICK THE "ACCEPT" BUTTON, OR
· YOU COPY, INSTALL, OR USE THIS COPY OF HALLOWEEN COLORING BOOK, OR
· YOU PERMIT OR ENABLE OTHERS TO COPY, INSTALL OR USE THIS HALLOWEEN COLORING BOOK.
IF YOU DO NOT AGREE, PLEASE TERMINATE INSTALLATION IMMEDIATELY, AND DO NOT USE THIS SOFTWARE.
1. SOFTWARE COVERED BY THIS LICENSE
This license agreement ("Agreement") applies only to the version of the Halloween Coloring Book with which this Agreement is included by fun-with-pictures.com. Different license terms may apply to other software packages or other materials from fun-with-pictures.com, and license terms for later versions of Halloween Coloring Book may also be changed.
2. FREE USE LICENSE.
(a) Original Distribution Package Necessary. In order to qualify for the free use license described below, you must have downloaded or received Halloween Coloring Book in the form of an original Halloween Coloring Book distribution package as distributed by fun-with-pictures.com, including all files contained in such package ("Original Distribution Package"). Current Original Distribution Packages for Halloween Coloring Book are available from fun-with-pictures.com and fun-with-pictures.com-authorized Halloween Coloring Book distributors. Copies of Halloween Coloring Book not received in the form of an Original Distribution Package are not licensed for use, copying or transmission by you or others.
(b) You may, free of charge:
· install and use Halloween Coloring Book free of charge, for personal use.
· copy, store, distribute and transmit, free of charge, identical copies of this Original Distribution Package of Halloween Coloring Book to others, as long as it is deemed current by fun-with-pictures.com.
"Proper use" of Halloween Coloring Book is use of the Halloween Coloring Book program fully in accordance with fun-with-pictures.com guidelines, as such guidelines may be changed,
clarified or corrected by fun-with-pictures.com from time to time. If you have any
questions as to proper use of this Halloween Coloring Book program, you may contact fun-with-pictures.com via the contact information included in this Original Distribution Package.
(c) You may not:
· permit others to use this Halloween Coloring Book program unless they are properly
licensed by fun-with-pictures.com, either under this Agreement or another agreement from
· modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, this Halloween Coloring Book.
· copy Halloween Coloring Book except as described above.
· sell or license copies of Halloween Coloring Book to others.
· remove any proprietary notices or labels on Halloween Coloring Book or any other fun-with-pictures.com software.
· use Halloween Coloring Book in or for High Risk Activities (defined below)
(d) All rights not expressly granted by fun-with-pictures.com in this Agreement are
entirely and exclusively reserved to fun-with-pictures.com.
4. SUPPORT. Halloween Coloring Book is easy to use. However, hard-copy
documentation, telephone assistance and other support are not
available under this free license.
5. DISCLAIMER OF WARRANTY. fun-with-pictures.com DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAD FULL OPPORTUNITY TO TEST Halloween Coloring Book BEFORE ANY LIVE, PUBLIC OR PRODUCTION USE, THAT YOU ASSUME FULL RESPONSIBILITY FOR SELECTING AND USING Halloween Coloring Book AND DISTRIBUTING FILES CREATED THROUGH USE OF Halloween Coloring Book, AND THAT IF YOU USE Halloween Coloring Book IMPROPERLY OR AGAINST INSTRUCTIONS, YOU CAN CAUSE DAMAGE TO YOUR FILES, SOFTWARE, DATA OR
BUSINESS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF Halloween Coloring Book
IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary by jurisdiction.
7. LIMITATION OF LIABILITY. IN NO EVENT SHALL fun-with-pictures.com, OR ITS MEMBERS,
OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF Halloween Coloring Book, FILES CREATED USING Halloween Coloring Book, OR YOUR RELATIONSHIP WITH fun-with-pictures.com. Some jurisdictions do not allow exclusion or limitation of liability for incidental or consequential damages, therefore the above limitation may not apply to you.
8. RESTRICTED RIGHTS LEGEND. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, as applicable, and in similar clauses in the NASA FAR Supplement.
9. TITLE. fun-with-pictures.com or its licensors own the Halloween Coloring Book software, all other materials in this Halloween Coloring Book Original Distribution Package, and the names and marks "fun-with-pictures.com"under the copyright, trademark, and trade secret laws and all other laws that may apply.
10. TERMINATION. The license will terminate automatically if you fail to comply with any of the limitations, conditions or obligations described herein. On termination, you must destroy all copies of the Halloween Coloring Book software and all other materials in this Halloween Coloring Book Original Distribution Package and, at fun-with-pictures.com's sole discretion.
12. GENERAL. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between you and fun-with-pictures.com. Waiver by fun-with-pictures.com of any violation of any provision of this Agreement shall not be deemed to waive any further or future violation of the same or any other provision. This Agreement and any dispute relating to Halloween Coloring Book or to this Agreement shall be governed by the laws of India and the laws of the State of Karnataka. You agree and consent that jurisdiction and proper venue for all claims, actions and proceedings of any kind relating to fun-with-pictures.com or the matters in this Agreement shall be exclusively in courts located in Bangalore. If any part or provision of this Agreement is held to be unenforceable for any purpose, including but not limited to public policy grounds, then you agree that the remainder of the Agreement shall be fully enforceable as if the unenforceable part or provision never existed. There are no third party beneficiaries of any promises, obligations or representations made by fun-with-pictures.com herein.