END-USER LICENSE AGREEMENT FOR MY FILE FOLDER GAMES DOWNLOADS AND SOFTWARE
IMPORTANT-READ CAREFULLY:
This My File Folder Games-End User License Agreement is a legal agreement
between you and My File Folder Games for this software. By installing,
copying, or otherwise using this Software Product, you agree to be bound by the terms of
this agreement. If you do not agree to the terms of this End Users License Agreement, DO
NOT install or use the SOFTWARE PRODUCT; contact My File Folder Games.
Entire contents of this software is copyrighted by
My File Folder Games with all rights reserved.
THE FILES INCLUDED IN THIS PRODUCT ARE COPYRIGHTED PROPERTY.
My File Folder Games hereby grants to you a
nonexclusive license to use the files contained in this product only as authorized in
this License Agreement.
You agree not to copy or resell this cd or it's assembled folder games including auctions sites such as eBay without first seeking permission.
OWNERSHIP: The Software is licensed, not sold, to you as the end user. My File Folder Games
retains full ownership of the product, images and any derivatives
thereof. These images are proprietary products of My File Folder Games,
protected under U.S. copyright law and other international treaty provisions. This
License Agreement does not convey to you an interest in or to the Software, but only a
limited right of use in accordance with the terms of this License Agreement. You may not
rent, sublicense, pledge, lease, assign, or share your rights under this License
Agreement.
USAGE: All rights not expressly granted herein are reserved by My File Folder Games.
My File Folder Games grants to you, the licensee only, a
nonexclusive right to use, modify, and include the images in all formats included in this
software, in PRINTED DOCUMENTS.
LICENSE FOR PRIMARY COMPUTER: The Software may be used only on one computer, owned, or
controlled by you; or in the event of the inoperability of that computer, on a backup
computer selected by you. The Software is licensed for use by anyone working on that
single computer. Any files containing any of the licensed images, or derivatives thereof,
may not be used on any other computer except for the express purpose of printing copies
of such documents and then immediately removing said documents and any copies or
derivatives thereof from that computer. Neither concurrent use on two or more computers
nor use in a local area network or other network is permitted without separate
authorization and the payment of additional license fees. This includes home-based
businesses.
LICENSE FOR HOME USE: This software is licensed for use by one household, but not on more
than 2 computers or on a local area network or other network without separate
authorization and payment of additional license fees.
BACKUP: You may make one copy of the Software for the purpose of backup in the event the
computer media is damaged or destroyed. Any such copies of the Software shall include
My File Folder Games copyright and this License Agreement. No copies of the
Software or any portions thereof may be made by you or any person under your authority or
control.
TERMINATION: The license is effective until terminated. You may terminate it at any time
by destroying the Software, all files, together
with all copies thereof, whether in printed or electronic format including any documents
you have created that contain any of the images or derivatives thereof. This license will
terminate upon failure to comply with any term or condition of this Agreement. In such
event, no notice shall be required by or of My File Folder Games.
LIMITED WARRANTY: My File Folder Games warrants the computer media on which
the Program is furnished to be free from defects in materials and workmanship under
normal use for a period of 30 days from the date of delivery to you, as evidenced by your
receipt. You, the licensee, shall assume responsibility for the selection of the software
and for the installation, use, and results obtained from the Software. If the computer
media is found defective within the Warranty Period, My File Folder Games
agrees to replace it free of charge upon receipt at its facility, postage paid, with
proof of date of purchase. This warranty shall not be applicable and shall be void if the
defect has arisen through abuse, mistreatment or neglect, and is not applicable to normal
wear and tear. Shipments outside the U.S.A. are made only at your expense, and all
shipping costs must be prepaid by the you. Your exclusive remedy under this limited
warranty is the replacement of any defective physical media on which the Software is
furnished, as provided above. The software is provided "as is" without warranty of any
kind, either express or implied, including, but not limited to, the implied warranties of
merchantability and fitness for a particular purpose. My File Folder Games
does not warrant that the functions or images contained in the software will meet your
requirements or that the operation of the software will be uninterrupted or error free.
Some states do not allow the exclusion of implied warranties, so the above exclusion may
not apply to you. This warranty gives you specific legal rights, and you may also have
other rights that vary from state to state.
LIMITATION OF LIABILITY: My File Folder Games sole obligation or liability
under this agreement is the replacement of defective media according to the limited
warranty above. In no event will My File Folder Games be liable for any
damages, including but not limited to, lost profits, lost savings, or other incidental or
consequential damages arising out of the use or inability to use such program even if
My File Folder Games has been advised of the possibility of such damages, or
for any claim by any other party. Some states do not allow the limitations or exclusion
of liability for incidental or consequential damages, so the above limitation or
exclusion may not apply to you.
JURISDICTION AND DISPUTES: This Agreement and the Limited Warranty shall be governed by
the laws of South Dakota. All disputes hereunder shall be resolved in the applicable state
or federal courts of South Dakota. The parties consent to the jurisdiction of such courts,
agree to accept service of process by mail, and waive any jurisdictional or venue
defenses otherwise available.
INTEGRATION: This Agreement constitutes the entire understanding of the parties, and
revokes and supersedes all prior agreements, oral or written, between the parties, and is
intended as a final expression of their Agreement. It shall not be modified or amended
except in writing signed by the parties hereto and specifically referring to this
Agreement. This Agreement shall take precedence over any other documents that may be in
conflict therewith.
End of Document.
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