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'The Lost Web' - Elianeck Camargo


End User License Agreement

Definitions. In this Agreement the following words and phrases shall have the following respective meanings, unless the context otherwise requires:
"Licensee" means the end user, who is being licensed to use (the "Software") contained within the downloaded archive in which this agreement is enclosed.

"Brokered Artist" means Syyd Jackson (Syyd) Contact Email: syyd@runtimedna.com

"RDNA" means Runtime DNA Inc. a company incorporated in New York, whose principle office is located at 98 Ridgewood Rd, Buffalo NY 14220 – who acts as the publisher of the Software on behalf of the Brokered Artist.

Limited Nonexclusive License

The Licensee acknowledges that they are acquiring only a limited nonexclusive license to use the Software (the "License"). The Brokered Artist remains the owner of all right, title, and interest in the Software and in any copies of it.

The License permits the Licensee to install the Software on more than one computer system, e.g., a desktop computer and a laptop computer normally used by the same person at different times, provided that there is no possibility that the Software will be used on more than one computer system simultaneously; any such simultaneous use requires a separate license for each computer system.

The Licensee may make a reasonable number of backup copies of the Software solely for backup purposes.

The Licensee agrees not to make nor to permit the making of copies of the Software (including its documentation) except as authorized by this End User License Agreement or otherwise authorized in writing by the Brokered Artist.

The Licensee agrees not to engage in nor to permit the decompilation, disassembly, or other reverse engineering of the Software.

The Licensee may use Software in any personal or commercial works, as long as the terms of this License have not been violated or the License terminated.

The Licensee acquires the copyright to any derivative works created using the Software, provided none of the original materials can be extracted from the derivative work by any means. If the Brokered Artist can show that any of the original material can be extracted from a derivative work, the Brokered Artist can demand both the original and derivative work, and all copies thereof be deleted as well as seek legal recourse against the copyright violator.

The Brokered Artist maintains that all items in the archive is original work or that the Brokered Artist has licensed rights to distribute the materials contained therein. The Brokered Artist maintains that they legally possess the power to grant you this license for all enclosed materials.The Brokered Artist maintains that all items in the archive is original work or that the Brokered Artist has licensed rights to distribute the materials contained therein. The Brokered Artist maintains that they legally possess the power to grant you this license for all enclosed materials.

RDNA in no way claims copyright ownership of the Software nor does RDNA represent the Brokered Artist in copyright matters.

Limited Warranty

The Brokered Artist warrants to the Licensee that, for a period of 1 Year after delivery of this copy of the Software to you:

1. the Software will perform in accordance with the documentation distributed with it by the Brokered Artist, and

2. to the best of The Brokered Artists knowledge your use of the Software in accordance with its documentation will not, in and of itself, infringe any third party's copyright, patent, or other intellectual property right.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRAN- TY OF TITLE, OF NONINFRINGEMENT, OF MERCHANT ABILITY, OR OF FITNESS FOR A PARTICULAR PURPOSE, REGARDLESS WHETHER WE KNOW OR HAVE REASON TO KNOW OF YOUR PARTICULAR NEEDS.

No employee, agent, dealer, or distributor of the Brokered Artist is authorized to modify this limited warranty, nor to make any additional warranties.

No action for any breach of the above limited warranty may be commenced more than one (1) year following the expiration date of the warranty.

If implied warranties may not be disclaimed under applicable law, then ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 1YEAR AFTER DELIVERY OF THIS COPY OF THE SOFTWARE TO YOU.

Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

This warranty gives the Licensee specific legal rights, and you may also have other rights which vary from state to state.

Limited Remedy

The Licensee’s exclusive remedy in the event of a breach of the foregoing limited warranty, TO THE EXCLUSION OF ALL OTHER REMEDIES, is set forth in this paragraph.

If you are not satisfied with the product a refund will be issued at the sole discretion of RDNA. Refunds will be issued only after RDNA and the Licensee are satisfied that this product is defective or not as advertised. When a refund is issued, you are responsible for deleting all files using the product and may not distribute or use the Software thereafter.

No Incidental or Consequential Damages

Independent of the foregoing provisions, IN NO EVENT WILL RDNA OR THE BROKERED ARTIST BE LIABLE TO THE LICENSEE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM OR CONNECTED WITH THIS AGREEMENT OR YOUR USE OF THE SOFTWARE, regardless whether we know or have reason to know of the possibility of such damages.

Some states do not allow exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

The Licensee’s Indemnity to The Brokered Artist and RDNA

Independent of the foregoing provisions, you agree to defend and indemnify us against, and hold us harmless from, any and all claims, damages, losses, and expenses of any kind arising from or connected with the operation of your business.

Termination

If you materially breach this License Agreement, the Brokered Artist or RDNA may terminate the Licensee’s right to use the Software by notice to the Licensee.

The Licensee agrees that, upon termination of the License, you will destroy all copies of the Software in your possession.

Entire Agreement, etc.

This written License Agreement is the exclusive agreement between you and us concerning the Software and supersedes any and all prior oral or written agreements, negotiations, or other dealings between us concerning the Software.

This License Agreement may be modified only by a writing signed by you and us.

In the event of litigation between you and us concerning the Software, the prevailing party in the litigation and the prevailing party in any ancillary disputes (e.g., discovery disputes) will be entitled to recover attorneys' fees and expenses from the other party.

This License Agreement will be governed by the law of the State of NEW YORK applicable to contracts executed and performed entirely in, and by residents of, that state.

This License Agreement is effective upon the earlier of (1) your signature below, or (2) your use of the Software (provided that your acquisition of a copy of the Software was from us or our representative); you agree that we need not sign this License Agreement in order for it to take effect.









 
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