End User License Agreement
This End User License Agreement (the "Agreement") is an agreement between you and FaverSocial, LLC (the "Author"). By installing or using Meteor Toys (the "Software"), you agree to be bound by the terms of this Agreement. Installation or use of the Software signifies that you have read, understood, and agreed to be bound by the Agreement. If you do not agree, then do not download, install, or use the Software.
Usage
This Agreement grants a non-exclusive, non-transferable license to install and use the Software for a single user. Additional Software licenses must be purchased in order to allow use for additional users. The Author reserves the right to determine whether use of the Software qualifies under this Agreement. The Author owns all rights, title and interest to the Software (including all intellectual property rights) and reserves all rights to the Software that are not expressly granted in this Agreement.
Backups
You may make copies of the Software solely for back-up purposes, provided that you reproduce the Software in its original form and with all proprietary notices on the back-up copy. All rights to the Software not expressly granted herein are reserved by the Author.
Restrictions
You understand and agree that you shall only use the Software in a manner that complies with any and all applicable laws in the jurisdictions in which you use the Software. Your use shall be in accordance with applicable restrictions concerning privacy and intellectual property rights.
You may not:
- Distribute derivative works based on the Software;
- Reproduce the Software except as described in this Agreement;
- Sell, assign, license, disclose, distribute, or otherwise transfer or make available the Software, license code, or its Source Code (defined as all HTML, CSS, JavaScript and image files), in whole or in part, in any form to any third parties;
- Remove or alter any proprietary notices on the Software
No Warranty
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Term, Termination, and Modification.
You may use the Software under this Agreement until either party terminates this Agreement as set forth in this paragraph. Either party may terminate the Agreement at any time, upon written notice to the other party. Upon termination, all licenses granted to you will terminate, and you will immediately uninstall and cease all use of the Software. The Sections entitled "No Warranty," "Indemnification," and "Limitation of Liability" will survive any termination of this Agreement.
The Author may modify the Software and this Agreement with notice to you either in email, by publishing content on the Software website (http://meteor.toys and all related links), or by publishing content to the GitHub repository website (http://github.com/MeteorToys/allthings) including but not limited to changing the functionality or design of the Software. Such modifications will become binding on you unless you terminate this Agreement.
Indemnification.
By accepting the Agreement, you agree to indemnify and otherwise hold harmless the Author and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the Software or any other matter relating to the Software.
Limitation of Liability.
IN NO EVENT WILL AUTHOR BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST SAVINGS OR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF YOUR USE OR INABILITY TO USE THE PRODUCT OR THE BREACH OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE AUTHORS'S TOTAL CUMULATIVE DAMAGES EXCEED THE FEES YOU PAID TO THE AUTHOR UNDER THIS AGREEMENT IN THE MOST RECENT TWELVE-MONTH PERIOD.
Definition of an Update and Upgrade
An "Update" of the Software is defined as that which adds minor functionality enhancements, or any bug fix to the current version. An "Upgrade" is a major release of the Software and is defined as that which incorporates major new features or enhancement that increase or change the functionality of the software. The assignment to the category of Update or Upgrade shall be at the sole discretion of the Author.