AWESOME BREED CREATIONS, LLC – END-USER LICENSE AGREEMENT (EULA)
IMPORTANT. PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE PURCHASING, USING, INSTALLING OR UTILIZING ANY AWESOME BREED CREATIONS, LLC (“ABC” herein) PRODUCT COMPRISED OF SCRIPTS, PRIMS, SCULPTED PRIMS, MESH, SOUND FILES, MEDIA STREAMS, AND/OR TEXTURES, DESIGNED, CREATED, PRODUCED, TENDERED, AND/OR SOLD BY ABC: AWESOME BREED CREATION’s End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and AWESOME BREED CREATIONS, LLC. (“ABC” herein), for the ABC software product(s) identified above which may include associated software components, media, printed materials, and “online” or electronic documentation (“ABC SOFTWARE PRODUCT” and/or “Product” herein). By installing, copying, or otherwise using the ABC 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 ABC, (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 ABC SOFTWARE PRODUCT.
The ABC SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The ABC SOFTWARE PRODUCT (“Product” herein) is licensed, exclusively to you, the “End User” only as designated herein.
1. GRANT OF LICENSE.
ABC grants you the right to install and use copies of the Product on your computer running a validly licensed copy of the SECOND LIFE™ VIEWER and/or any other third-party viewers officially endorsed by Linden Lab, for which the Product was designed. This license to use the Product shall be granted, allowed and designated via the in-world permission settings on any given Product.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices, Trademarks, and Branding. You must not remove or alter any ABC copyright notices, trademarks and/or branding on any and all copies of the Product. Use of ABC Products and their contents or any part thereof as part of a trademark, design mark, trade name, business name, service mark, or logo outside of the original official ABC designation is strictly prohibited. (b) Resale. All Products purchased through officially designated ABC retailers shall be considered registered copies. You may resell registered copies of the Product to third parties via secondary markets. Evaluation versions available from official ABC in-world locations and/or websites may be freely distributed. Incorporation of ABC Products and their Contents, in design applications for resale, including, without limitation, texture maps, background images, texture templates, Second Life clothing items, Second Life Prim Object and design elements for use in worlds real and virtual, and any any use of ABC Products resulting in redistribution of the Products is strictly prohibited. (c) Auctions. You may auction the Product, or its resulting transferable prim configurations for open bids, only within a Certified ABC Auction Outlet so designated on the ABC website, official rules, and/or designated at official ABC in-world locations. All other transfers of the Product via auctions not expressly certified by ABC are expressly prohibited. (d) Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. (e) Rental. You may not rent, lease, or lend the Product. (f) Support Services. ABC may provide you with support services related to the Product (“Support Services”). Any supplemental software code provided to you as part of the Support Services shall be considered part of the Product and subject to the terms and conditions of this EULA. (g) Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the Product. (h) Second Life Terms of Service (TOS) and Community Standards (CS). You must comply with all applicable Terms of Service and Community Standard guidelines provided on the official Second Life™ website regarding use of the Product.
3. TERMINATION
Without prejudice to any other rights, ABC may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, ABC reserves the right to ban or block any and all access to all ABC facilities, vendor outlets, and/or websites at its sole discretion. In the event of a termination of the EULA as herein described, you must destroy all copies of the Product in your possession.
4. COPYRIGHT
All title, including but not limited to copyrights, in and to the Product and any copies thereof are owned by ABC or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the 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 ABC.
5. NO WARRANTIES
ABC expressly disclaims any warranty for the Product. The 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. ABC does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, textures, prims, sculpted prims, scripts, sound files, media streams, or other items contained within the Product. ABC 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. ABC further expressly disclaims any warranty or representation to Authorized Users or to any third party.
6. LIMITATION OF LIABILITY
All sales herein are final. There will be no refunds, credits or exchanges, except at the express discretion of ABC. In no event shall ABC 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 Product, even if ABC has been advised of the possibility of such damages. In no event will ABC be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. ABC shall have no liability with respect to the content of the 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.
ALL SALES HEREIN ARE FINAL. THERE WILL BE NO REFUNDS, CREDITS OR EXCHANGES, EXCEPT AT THE EXPRESS DISCRETION OF ABC – AWESOME BREED CREATIONS. IN NO EVENT SHALL ABC – AWESOME BREED CREATIONS, LLC OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE OUR PRODUCTS AND THEIR CONTENTS, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT, THE LICENSE PROVIDED HEREUNDER, OR THE USE OR EXPLOITATION OF ANY OR ALL OF THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO THE FEES ACTUALLY PAID BY YOU TO ABC – AWESOME BREED CREATIONS, LLC UNDER THIS AGREEMENT IN RESPECT OF THE USE OF THE CONTENT.
7. GOVERNING LAW
This Agreement will be governed under the federal laws of the United States of America applicable therein (without reference to conflicts of laws principles). This Agreement will be governed by The Digital Millennium Copyright Act (DMCA), 1998. Any and all disputes arising out of, under or in connection with this Agreement, including without limitation, its validity, interpretation, performance and breach, shall be submitted to arbitration in the State of Texas, within the United States of America pursuant to the rules of the Arbitration Act in effect at the time arbitration is demanded. If ABC – Awesome Breed Creations, LLC is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse ABC – Awesome Breed Creations, LLC for its legal fees, costs and disbursements if ABC – Awesome Breed Creations is successful.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND ABC – AWESOME BREED CREATIONS, LLC, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND ABC – AWESOME BREED CREATIONS, LLC RELATING TO THE SUBJECT OF THIS AGREEMENT.
You must comply with all applicable laws regarding use of Our Products and their Contents. This includes Second Life Terms of Service (TOS) and Community Standards (CS). You must comply with all applicable Terms of Service and Community Standard guidelines provided on the official Second Life™ website regarding use of the Product.
This Agreement is governed by The Digital Millennium Copyright Act (DMCA), 1998. Violations of copyright will be pursued pursuant to the Digital Millennium Copyright Act (DMCA), the EU Copyright Directive or EUCD and other applicable laws and treaties.
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