-
End-User License Agreement
-
Fox Village Dressage Software
IMPORTANT - READ CAREFULLY: This Fox Village
End-User License Agreement ("EULA") is a legal agreement
between you (either an individual of a single entity)
and Fox Village for the software product identified
above, which includes computer software and may include
associated media, printed materials, and "online" or
electronic documentation (collectively, "SOFTWARE
PRODUCT"). By installing, copying or otherwise using the
SOFTWARE PRODUCT, you agree to be bound by the terms of
this EULA. If you do not agree to the terms of this EULA,
you may not use the SOFTWARE PRODUCT.
-
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws
and international copyright treaties, as well as other
intellectual property laws and treaties. The SOFTWARE
PRODUCT is licensed, not sold. Upon payment, this
license will expire 12 months from the purchase date,
upon which a new license must be obtained.
-
1. GRANT OF LICENSE.
This EULA grants you the following:
-
The SOFTWARE PRODUCT is protected by copyright laws
and international copyright treaties, as well as other
intellectual property laws and treaties. The SOFTWARE
PRODUCT is licensed, not sold. Upon payment, this
license will expire 12 months from the purchase date,
upon which a new license must be obtained.
-
You May:
use only one copy of one version of the various
versions of the SOFTWARE PRODUCT on a single computer.
-
make copies of the data file (*.sdf, *.hdf, *.kdf) for
the sole purpose of backing up your data in the event
of a system failure.
-
use the SOFTWARE PRODUCT on a network, provided that
you have a licensed copy of the SOFTWARE PRODUCT for
each computer that can access the SOFTWARE PRODUCT over
that network.
-
after written notice to Fox Village, transfer the
SOFTWARE PRODUCT on a permanent basis to another person
or entity, provided that you retain no copies of the
SOFTWARE PRODUCT and the transferee agrees to the terms
of this agreement.
-
You May Not:
rent, lease, sublicense or lend any portion of the
SOFTWARE PRODUCT.
-
reverse engineer, decompile, disassemble, modify,
translate, make any attempt to discover the source
code of the SOFTWARE PRODUCT, or create derivative
works from the SOFTWARE PRODUCT.
-
use a previous version or copy of the SOFTWARE PRODUCT
after you have received a disk replacement set or an
upgraded version as a replacement of the prior version.
Upon upgrading the SOFTWARE PRODUCT, all copies of the
prior version must be destroyed.
-
2. TERMINATION
Without prejudice to any other rights, Fox Village may
terminate this EULA if you fail to comply with the
terms and conditions of this EULA. In such event, you
must destroy all copies of the SOFTWARE PRODUCT.
-
3. COPYRIGHT
All title and copyrights in and to the SOFTWARE PRODUCT
(including but not limited to any images, photographs,
animations, video, audio, music, text, and "applets"
incorporated into the SOFTWARE PRODUCT), the
accompanying printed materials, and any copies of the
SOFTWARE PRODUCT are owned by Fox Village. The SOFTWARE
PRODUCT is protected by copyright laws and international
treaty provisions. You may not copy the printed materials,
if any, accompanying the SOFTWARE PRODUCT.
-
4. U.S. GOVERNMENT RESTRICTED RIGHTS
All SOFTWARE PRODUCT and documentation provided to the
U.S. Government pursuant to solicitations issued on or
after December 1, 1995 is provided with the commercial
rights and restrictions described elsewhere herein. All
SOFTWARE PRODUCT provided to the U.S. Government pursuant
to solicitations issued prior to December 1, 1995 is
provided with RESTRICTED RIGHTS as provided for in FAR,
48 CFR 52.227-14 (JUNE 1987) or FAR, 48 CFR 252.227-7013
(OCT 1988), as applicable.
-
5. EXPORT RESTRICTIONS
You agree that you will not, directly of indirectly,
export or transmit (a) the SOFTWARE PRODUCT or related
documentation and technical data, or (b) your
Application as described in Section 1 of this EULA
(or any part thereof), of process, or service that is
the direct product of the SOFTWARE PRODUCT to any
country to which such export of transmission is
restricted by any applicable U.S. Department of
Commerce, or such governmental entity as may have
jurisdiction over such export or transmission.
-
MISCELLANEOUS
If you acquired this SOFTWARE PRODUCT in the United
States, this EULA is governed by the laws of the State
of Washington.
-
If this product was acquired outside the United States,
then local law may apply.
-
Should you have any questions concerning this EULA, or
if you desire to contact Fox Village for any reason,
please write: Fox Village, 909 South 336th Street,
Suite 200,
Federal Way, WA 98003.
-
LIMITED WARRANTY
Fox Village warrants that the media on which the SOFTWARE
PRODUCT is distributed will be free of defects for a
period of sixty (60) days from the date of delivery of
the SOFTWARE PRODUCT to you. Your sole remedy in the event
of a breach of this warranty will be that Fox Village
will, at its option, replace any defective media returned
to Fox Village within the warranty period or refund the
money you paid for the SOFTWARE PRODUCT. Fox Village does
not warrant that the SOFTWARE PRODUCT will meet your
requirements or that operation of the SOFTWARE PRODUCT
will be uninterrupted or that the SOFTWARE PRODUCT will be
error-free. The entire risk arising out of use or
performance of the SOFTWARE PRODUCT remains with you.
-
THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL
OTHER WARRANTIES, WHETHER EXPRESS OF IMPLIED, INCLUDING
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NONINFRINGEMENT. THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER
RIGHTS, WHICH VARY FROM STATE TO STATE.
-
DISCLAIMER OF DAMAGES.
IN NO EVENT SHALL FOX VILLAGE OR ITS SUPPLIERS BE
LIABLE FOR ANY 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 THIS FOX VILLAGE PRODUCT, EVEN IF
FOX VILLAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
-
IN NO CASE SHALL FOX VILLAGE'S LIABILITY EXCEED THE
PURCHASE PRICE FOR THE SOFTWARE PRODUCT. THE DISCLAIMERS
AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF
WHETHER YOU ACCEPT THE SOFTWARE PRODUCT.