User License Agreement For Giggles Computer Funtime For Baby™ Software
IMPORTANT! BE SURE TO CAREFULLY READ AND UNDERSTAND ALL OF THE RIGHTS
AND RESTRICTIONS SET FORTH IN THIS END-USER LICENSE AGREEMENT ("EULA").
YOU ARE NOT AUTHORIZED TO USE OUR SOFTWARE UNLESS AND UNTIL YOU ACCEPT
THE TERMS OF THIS EULA.
This EULA is a binding legal agreement between you and Leveractive, LLC
(hereinafter "Licensor") for the materials accompanying this
EULA, including the accompanying computer software, associated media,
printed materials and any "online" or electronic documentation
(hereinafter the "Software"). By installing the Software, you
agree to be bound by the terms of this EULA. If you do not agree to the
terms of this EULA, do not install or attempt to use the Software.
1. Grant of License
The Software is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties. The
Software is licensed, not sold. This EULA grants you the following rights:
A. You may install, use, access, display and run only one copy of the
Software, on a single computer, workstation or terminal ("Computer").
The primary user of the Computer on which the Software is installed may
make a second copy for his or her exclusive use for archival purposes
B. You may store or install a copy of the Software on a storage device,
such as a network server, used only to run the Software on your other
Computers over an internal network. You must, however, acquire a license
for each separate Computer on which the Software is run, displayed or
utilized from the server or similar device. A license for the Software
may not be shared or used concurrently on different Computers.
C. Your license rights under this EULA are non-exclusive. All rights not
expressly granted herein are reserved by Licensor.
D. You may not sell, transfer or convey the Software to any third party
without Licensor's prior express written consent.
2. Price and Payment
If you have not previously paid the license fee for the Software, then
you must pay the license fee within the period indicated in the applicable
invoice sent to you by Licensor.
3. Support Services
This EULA is a license of the Software only, and Licensor does not assume
any obligation to provide maintenance, patches or fixes to the Software.
Licensor further disclaims any obligation to provide support or to prepare
and distribute modifications, enhancements, updates and new releases of
4. Replacement, Modification and/or Upgrades
Licensor may, from time to time, and for a fee, replace, modify or upgrade
the Software. When accepted by you, any such replacement or modified Software
code or upgrade to the Software will be considered part of the Software
and subject to the terms of this EULA (unless this EULA is superceded
by a further EULA accompanying such replacement or modified version of
or upgrade to the Software).
You may terminate this EULA at any time by destroying all your copies
of the Software. Your license to the Software automatically terminates
if you fail to comply with the terms of this agreement. Upon termination,
you are required to remove the Software from your computer and destroy
any copies of the Software in your possession.
A. All title and copyrights in and to the Software (including but not
limited to any images, photographs, animations, video, audio, music and
text incorporated into the Software), the accompanying printed materials,
and any copies of the Software, are owned by Licensor or its suppliers.
This EULA grants you no rights to use such content. If this Software contains
documentation that is provided only in electronic form, you may print
one copy of such electronic documentation. Except for any copies of this
EULA, you may not copy the printed materials accompanying the Software.
B. You may not to reverse engineer, de-compile, disassemble, alter, duplicate,
modify, rent, lease, loan, sublicense, make copies of, create derivative
works from, distribute or provide others with the Software in whole or
part, transmit or communicate the application over a network.
7. Export Restrictions
You may not export, ship, transmit or re-export software in violation
of any applicable law or regulation including but not limited to Export
Administration Regulations issued by the U. S. Department of Commerce.
8. Disclaimer of Warranties
LICENSOR AND ITS SUPPLIERS PROVIDE THE SOFTWARE "AS IS" AND
WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS,
EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY
(IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS
FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE
OR LACK OF WORKMANLIKE EFFORT. ALSO, THERE IS NO WARRANTY OR CONDITION
OF TITLE, OF QUIET ENJOYMENT, OR OF NONINFRINGEMENT. THE ENTIRE RISK ARISING
OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE IS WITH YOU.
9. Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR
OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT,
INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF
OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE AND
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF LICENSOR OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THIS EXCLUSION OF DAMAGES WILL BE EFFECTIVE EVEN IF ANY
REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Any dispute arising under this EULA will be subject to binding arbitration
by a single Arbitrator with the American Arbitration Association (AAA),
in accordance with its relevant industry rules, if any. The parties agree
that this EULA will be governed by and construed and interpreted in accordance
with the laws of the State of New York. The arbitration will be held in
New York. The Arbitrator will have the authority to grant injunctive relief
and specific performance to enforce the terms of this EULA. Judgment on
any award rendered by the Arbitrator may be entered in any Court of competent
If any term of this EULA is found to be unenforceable or contrary to law,
it will be modified to the least extent necessary to make it enforceable,
and the remaining portions of this Agreement will remain in full force
12. No Waiver
No waiver of any right under this EULA will be deemed effective unless
contained in writing signed by a duly authorized representative of the
party against whom the waiver is to be asserted, and no waiver of any
past or present right arising from any breach or failure to perform will
be deemed to be a waiver of any future rights arising out of this EULA.
13. Entire Agreement
This EULA constitutes the entire agreement between the parties with respect
to its subject matter, and supersedes all prior agreements, proposals,
negotiations, representations or communications relating to the subject
matter. Both parties acknowledge that they have not been induced to enter
into this EULA by any representations or promises not specifically stated