Copyright (c) 2017 Vincent E. Nebinski
*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
By receiving, opening the file package, and/or using Tiltsteroids Freemium(“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 Vincent E. Nebinski your use of Tiltsteroids Freemium indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Vincent E. Nebinski grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Tiltsteroids Freemium in accordance with this Agreement and any other written agreement with Vincent E. Nebinski. Vincent E. Nebinski does not transfer the title of Tiltsteroids Freemium to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Vincent E. Nebinski and the purchasers or users of Tiltsteroids Freemium.
If you do not agree to be bound by this agreement, remove Tiltsteroids Freemium from your computer now and, if applicable, promptly return to Vincent E. Nebinski by mail any copies of Tiltsteroids Freemium and related documentation and packaging in your possession.
Tiltsteroids Freemium 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 Tiltsteroids Freemium contact Vincent E. Nebinski.
- USER AGREEMENT
Your license to use Tiltsteroids Freemium is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Tiltsteroids Freemium.
3.2 Use Restrictions
You shall use Tiltsteroids Freemium in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Tiltsteroids Freemium 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 Tiltsteroids Freemium may be used on one single computer location by one user. Use of Tiltsteroids Freemium means that you have loaded, installed, or run Tiltsteroids Freemium on a computer or similar device. If you install Tiltsteroids Freemium onto a multi-user platform, server or network, each and every individual user of Tiltsteroids Freemium must be licensed separately.
You may make one copy of Tiltsteroids Freemium for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of Tiltsteroids Freemium . The assignment, sublicense, networking, sale, or distribution of copies of Tiltsteroids Freemium are strictly forbidden without the prior written consent of Vincent E. Nebinski. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Tiltsteroids Freemium. If any person other than yourself uses Tiltsteroids Freemium 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 Tiltsteroids Freemium. Nor can you create any derivative works or other works that are based upon or derived from Tiltsteroids Freemium in whole or in part.
Vincent E. Nebinski’s name, logo and graphics file that represents Tiltsteroids Freemium shall not be used in any way to promote products developed with Tiltsteroids Freemium . Vincent E. Nebinski retains sole and exclusive ownership of all right, title and interest in and to Tiltsteroids Freemium and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of Tiltsteroids Freemium, 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 single user program. All rights not expressly granted hereunder are reserved for Vincent E. Nebinski.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend Vincent E. Nebinski , 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 Vincent E. Nebinski’s Software.
In no event (including, without limitation, in the event of negligence) will Vincent E. Nebinski , 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, Tiltsteroids Freemium or the use or inability to use Tiltsteroids Freemium or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Vincent E. Nebinski’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 Vincent E. Nebinski ) 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 Vincent E. Nebinski.
Except as expressly stated in writing, Vincent E. Nebinski 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 Tiltsteroids Freemium and destroy all copies of Tiltsteroids Freemium supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
- 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 Tiltsteroids Freemium AS WELL.
- CONSENT OF USE OF DATA
You agree that Vincent E. Nebinski may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Tiltsteroids Freemium.Vincent E. Nebinski may also use this information to provide notices to you which may be of use or interest to you.