END-USER LICENSE AGREEMENT FOR BIODROME IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: Peter H. Hufnagel's End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Peter H. Hufnagel for the software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and Peter H. Hufnagel, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1.
GRANT OF LICENSE.
The SOFTWARE PRODUCT is licensed as follows:
(a) Installation and Use.
Peter H. Hufnagel grants you the right to install and use copies of the
SOFTWARE PRODUCT on your computer running a validly licensed copy of the
operating system for which the SOFTWARE PRODUCT was designed [e.g., Windows 95,
Windows NT, Windows 98, Windows 2000, Windows 2003, Windows XP, Windows ME,
Windows Vista].
(b) Backup Copies.
You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup
and archival purposes.
2.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the
SOFTWARE PRODUCT.
(b) Distribution.
You may not distribute registered copies of the SOFTWARE PRODUCT to third
parties.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT,
except and only to the extent that such activity is expressly permitted by applicable
law notwithstanding this limitation.
(d) Rental.
You may not rent, lease, or lend the SOFTWARE PRODUCT.
(e) Support Services.
Peter H. Hufnagel may provide you with support services related to the SOFTWARE
PRODUCT ("Support Services"). Any supplemental software code provided
to you as part of the Support Services shall be considered part of the SOFTWARE
PRODUCT and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
3.
TERMINATION
Without prejudice to any other rights, Peter H. Hufnagel may terminate this
EULA if you fail to comply with the terms and conditions of this EULA. In such
event, you must destroy all copies of the SOFTWARE PRODUCT in your possession.
4.
COPYRIGHT
All title, including but not limited to copyrights, in and to the SOFTWARE
PRODUCT and any copies thereof are owned by Peter H. Hufnagel or his suppliers.
All title and intellectual property rights in and to the content which may be
accessed through use of the SOFTWARE PRODUCT is the property of the respective
content owner and may be protected by applicable copyright or other
intellectual property laws and treaties. This EULA grants you no rights to use
such content. All rights not expressly granted are reserved by Peter H.
Hufnagel.
5. NO
WARRANTIES
Peter H. Hufnagel expressly disclaims any warranty for the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is provided 'As Is' without any express or implied
warranty of any kind, including but not limited to any warranties of
merchantability, noninfringement, or fitness of a particular purpose. Peter H.
Hufnagel does not warrant or assume responsibility for the accuracy or
completeness of any information, text, graphics, links or other items contained
within the SOFTWARE PRODUCT. Peter H. Hufnagel makes no warranties respecting
any harm that may be caused by the transmission of a computer virus, worm, time
bomb, logic bomb, or other such computer program. Peter H. Hufnagel further expressly
disclaims any warranty or representation to Authorized Users or to any third
party.
6. USE
OF THE SOFTWARE PRODUCT
You may use the SOFTWARE PRODUCT only if you can form a binding contract with
Peter H. Hufnagel, and only in compliance with these Terms and all applicable
local, state, national, and international laws, rules and regulations. You must
provide Peter H. Hufnagel accurate information, including your real name, when
you create your account on Peter H. Hufnagel. Peter H. Hufnagel may, without
prior notice, change the SOFTWARE PRODUCT; stop providing the SOFTWARE PRODUCT
or features of the SOFTWARE PRODUCT, to you or to users generally; or create
usage limits for the SOFTWARE PRODUCT. You are responsible for safeguarding the
password that you use to access the SOFTWARE PRODUCT and for any activities or
actions under your password. Peter H. Hufnagel encourages you to use
"strong" passwords (that use a combination of upper and lower case
letters, numbers and symbols) with your account. Peter H. Hufnagel will not be
liable for any loss or damage arising from your failure to comply with this
instruction. You represent that you are over the age of thirteen (13) years
old. If you are over thirteen, but under the legal age of majority, your parent
or legal guardian must consent to this Terms of Service and the Privacy Policy
found at http://biodromegame.com/privacyPolicy.html, and
affirm that they accept this Agreement on behalf of, and bear all legal and
financial responsibility and liability for the actions of, any child between
the age of 13 and majority, and expressly ratify and confirm any acts of any
such child and all users of the account.
7.
LIMITATION OF LIABILITY
In no event shall Peter H. Hufnagel be liable for any damages (including,
without limitation, lost profits, business interruption, or lost information)
rising out of 'Authorized Users' use of or inability to use the SOFTWARE
PRODUCT, even if Peter H. Hufnagel has been advised of the possibility of such
damages. In no event will Peter H. Hufnagel be liable for loss of data or for
indirect, special, incidental, consequential (including lost profit), or other
damages based in contract, tort or otherwise. Peter H. Hufnagel shall have no
liability with respect to the content of the SOFTWARE PRODUCT or any part
thereof, including but not limited to errors or omissions contained therein,
libel, infringements of rights of publicity, privacy, trademark rights,
business interruption, personal injury, loss of privacy, moral rights or the
disclosure of confidential information.