| |
License END-USER LICENSE AGREEMENT FOR OUTDOOR INSPIRED TECHNOLOGIES
IMPORTANT-READ CAREFULLY: This License Agreement ("TSLA") is a legal agreement between you (either an individual or a single entity) and O.I.T. LLC for Redneck Ringtones, which includes cellular ring tones and associated media and printed materials, and may include "online" or electronic documentation ("RINGTONES" or "CELLULAR CONTENT"). By installing, copying, or otherwise using the Ring Tone/ Cellular Content, you agree to be bound by the terms of this TSLA. If you do not agree to the terms of this TSLA, promptly decline.
O.I.T. PRODUCT LICENSE
REDNECK RINGTONES is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
1. GRANT OF LICENSE
This TSLA grants you the following rights:
The following section, RINGTONES applies to all versions of the PRODUCT unless the Help > about dialog in the PRODUCT specifies a Multi-user version.
Systems - You may install and use multiple copies of the PRODUCT on a single cellular device.
Network Storage/Use - You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the SOFTWARE PRODUCT is installed or run from the storage device.
Concurrent Use - A license for the SOFTWARE PRODUCT may not be used concurrently on different computers.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
Limitations on Reverse Engineering, Decompilation, and Disassembly - You may not reverse engineer, decompile, translate, localize or disassemble the PRODUCT.
Separation of Components - The PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.
Rental - You may not rent or lease the PRODUCT.
Transfer - You may not permanently transfer all of your rights under this TSLA without the prior written consent of Outdoor Inspired Technologies.
Termination - Without prejudice to any other rights, Outdoor Inspired Technologies may terminate this TSLA if you fail to comply with the terms and conditions of this TSLA. In such event, you must destroy all copies of the PRODUCT and all of its component parts.
3. COPYRIGHT
All title and copyrights in and to the PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets," incorporated into the PRODUCT), the accompanying printed materials, and any copies of the PRODUCT, are owned by Outdoor Inspired Technologies or its suppliers. The PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the PRODUCT like any other copyrighted material. You may not copy the printed materials accompanying the SOFTWARE PRODUCT. Copyrights and trademarks may not be used on online auction sites without the express prior written permission of Outdoor Inspired Technologies.
4. INJUNCTIVE RELIEF
The parties agree that if you utilize or otherwise uses any of the Product in an unauthorized manner, or breach the remaining terms and conditions of this TSLA, that such use or breach would have a devastating and serious impact on Outdoor Inspired Technologies continuing ability to compete profitably and would, therefore, result in immediate and irreparable injury, loss or damage to Outdoor Inspired Technologies. The parties agree that in such event, in addition to Outdoor Inspired Technologies right to recover damages for a breach of this TSLA, O.I.T. would be entitled to obtain a temporary restraining order or a preliminary injunction from a court of competent jurisdiction to prevent you, your employees, agents, consultants, or independent contractors from engaging in any further use of the Product or the continued breach of the remaining terms and conditions of this TSLA.
5. RESTRICTED RIGHTS
The PRODUCT and documentation are provided with RESTRICTED RIGHTS. Manufacturer is:
Outdoor Inspired Technologies LLC
1509 Caulks Hill Road
St. Charles , MO 63304 USA
6. MISCELLANEOUS
This TSLA is governed by the laws of the State of Missouri, and the parties to this Agreement waive personal service of any and all process upon them and consent that all such service of process be made by registered mail and shall be deemed to be completed five (5) business days after the same shall have been deposited in the United States mail, postage prepaid. You waive any objection based on forum non convenes and any objection to venue of any action instituted under this Agreement by O.I.T.in any jurisdiction.
Should you have any questions concerning this TSLA, or if you desire to contact O.I.T.for any reason, Call or write:
Outdoor Inspired Technologies Corporation
1509 Caulks Hill Road
St. Charles , MO 63304 USA
Phone: +1 636-926-3410
Fax: +1 636-926-0584
Support: support@RedneckRingtones.net
www.RedneckRingtones.net
7. LIMITED WARRANTY
O.I.T. warrants that (a) the PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any hardware accompanying the PRODUCT will be free from defects in materials and workmanship under normal use and service for a period of one (1) year from the date of receipt. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the PRODUCT and hardware, if any, are limited to ninety (90) days and one year, respectively.
8. CUSTOMER REMEDIES
Outdoor Inspired Technologies and its suppliers' entire liability and your exclusive remedy shall be, at O.I.T.'s option, either (a) return of the price paid, or (b) repair or replacement of the PRODUCT that does not meet O.I.T.'s Limited Warranty and which is returned to O.I.T. with a copy of your receipt. This Limited Warranty is void if failure of the PRODUCT has resulted from accident, abuse, or misapplication. Any replacement PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States , neither these remedies nor any product support services offered by Outdoor Inspired Technologies are available without proof of purchase from an authorized international source. It is the end users responsibility to make sure that their cellular device will allow for the transmission of cellular content from O.I.T., its subsidiaries, or retailers. O.I.T. its subsidiaries and retailers are not required to refund a purchase if the end user fails to verify that the cellular device is supported
9. NO OTHER WARRANTIES
To the maximum extent permitted by applicable law, Outdoor Inspired Technologies and it's suppliers disclaim all other warrantees, either express or implied, including, but not limited to, implied warrantees of merchantability and fitness for a particular purpose, with regard to the PRODUCT. This limited warranty gives you specific legal rights. You may have others, which vary from state/jurisdiction to state/jurisdiction.
10. NO LIABILITY FOR CONSEQUENTIAL DAMAGES
To the maximum extent permitted by applicable law, in no event shall Outdoor Inspired Technologies or it's suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the product, even if O.I.T. has been advised of the possibility of such damages. Because some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
11. SURVIVAL
The restrictions and obligations as contained in this TSLA which You have voluntarily agreed to shall survive any expiration, termination or cancellation of this TSLA , and shall continue and remain in effect for one year, said period commencing on the day and year first written above to bind You, and your employees, agents, successors, heirs and assigns.
12. INTEGRATION
This TSLA sets forth the entire Agreement and understanding between the parties as to the subject matter of this Agreement and supercedes all prior discussions, representations, and amendments of understandings of every kind and nature between them.
13. AMENDMENTS
Except as otherwise provided in this TSLA, this Agreement may not be amended, altered, or any of its provisions waived on behalf of ether party, except in writing executed by both parties' duly authorized agent.
14. ASSIGNABILITY
This Agreement and the rights and duties under this Agreement may not be assigned by you without prior written consent of Outdoor Inspired Technologies.
15. BENEFIT
This TSLA shall be binding upon and inure to the benefit of Outdoor Inspired Technologies and its successors and permitted assigns.
16. COUNTERPARTS
This TSLA may be executed in one or more counterparts, each of which shall be enforceable against the party actually executing the counterparts, and all of which together shall constitute one instrument.
17. CAPTIONS
Captions contained in this Agreement are inserted for reference and in no way define, limit, extend or describe the scope of the TSLA or intent of any provision in the TSLA.
18. SEVERABILITY
If any provision of this TSLA becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable, or void, this TSLA shall continue in full force and effect without said provision; provided, however, that no such severability shall be effective if it materially changes the economic benefit of the TSLA to the other party.
19. AUTHORITY TO EXECUTE
You warrant and represent to Outdoor Inspired Technologies that this TSLA shall be binding upon You once executed, and that the individual executing this document is authorized or has been empowered to do so.
|
|