END USER LICENSE AGREEMENT
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
1. LICENSE
By receiving, opening the file package, and/or using Soft Igloo's apps ("Software"), you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by Soft Igloo your use of Soft Igloo's apps indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Soft Igloo grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Soft Igloo's apps in accordance with this Agreement and any other written agreement with Soft Igloo. Soft Igloo does not transfer the title of Soft Igloo's apps to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Soft Igloo and the purchasers or users of Soft Igloo's apps.
If you do not agree to be bound by this agreement, remove Soft Igloo's apps from your device now and, if applicable, promptly return to Soft Igloo by mail any copies of Soft Igloo's apps and related documentation and packaging in your possession.
2. DISTRIBUTION
Soft Igloo's apps and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Soft Igloo's apps contact Soft Igloo.
3. USER AGREEMENT
3.1 Use
Your license to use Soft Igloo's apps is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Soft Igloo's apps.
3.2 Use Restrictions
You shall use Soft Igloo's apps in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Soft Igloo's apps together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of Soft Igloo's apps may be used on multiple devices by one user. Use of Soft Igloo's apps means that you have loaded, installed, or run Soft Igloo's apps on a device. If you install Soft Igloo's apps onto a multi-user platform, server or network, each and every individual user of Soft Igloo's apps must be licensed separately.
The assignment, sublicense, networking, sale, or distribution of copies of Soft Igloo's apps are strictly forbidden without the prior written consent of Soft Igloo. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Soft Igloo's apps. If any person other than yourself uses Soft Igloo's apps registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Soft Igloo's apps. Nor can you create any derivative works or other works that are based upon or derived from Soft Igloo's apps in whole or in part.
Soft Igloo's name, logo and graphics file that represents Soft Igloo's apps shall not be used in any way to promote products developed with Soft Igloo's apps. Soft Igloo retains sole and exclusive ownership of all right, title and interest in and to Soft Igloo's apps and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of Soft Igloo's apps, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Soft Igloo.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend Soft Igloo , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Soft Igloo's Software.
In no event (including, without limitation, in the event of negligence) will Soft Igloo , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Soft Igloo's apps or the use or inability to use Soft Igloo's apps or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Soft Igloo's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Soft Igloo ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Soft Igloo.
3.5 Warranties
Except as expressly stated in writing, Soft Igloo makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the law of the Australia applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Australia therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement may result in suspension or termination of services provided by Soft Igloo to the user.
3.7 Termination
4. CONTENT CONTRIBUTED TO THE SITE BY MEMBERS
The BTController app allows Members to create their own controllers and to share those controllers through the app or site with other Users. BTController also allows users to supply their Content for our and our Users’ use in connection with the Service. In this Agreement we refer to all of this Content provided by Users as “User Content”.
We do not claim any ownership interest in your User Content, but we do need the right to use your User Content only to the extent necessary to provide the Site and Services to Users, including to display User Content in the manner requested by the User to operate the Site and Services.,
4.1 In order for us to make the User Content you contribute available on the Site and BTController App for these purposes, and to operate, market and promote the Service, we need the right to make use of such User Content in accordance with and subject to this Agreement.
For example, if you create controllers, we need your license to display that User Content on the Services, and we need the right to sublicense that User Content to our other Users so that they can view that User Content.
4.2 Therefore, by contributing User Content to the Site or BTController app or creating it on the Site you automatically grant to us an irrevocable and perpetual (except as set forth in this Agreement), non-exclusive, transferable, fully-paid, royalty-free (except as expressly set forth in this Agreement), worldwide license, by ourselves or with others, to use, copy, distribute, publicly perform, publicly display, print, publish, republish, excerpt (in whole or in part), reformat, translate, modify, revise and incorporate into other works, that User Content and any works derived from that User Content, in any form of media or expression, in the manner in which the Service from time to time permits User Content to be used, in compliance with all applicable laws, and to license or permit others to do so. Our rights under this license remain in place even after termination of your Membership and account.
Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Services does this to your User Content when it processes it for use in the Services.
This license also grants us the right to sublicense that User Content to other Users to permit their use of that User Content in the manner in which the Service from time to time permits User Content to be used.
4.3 We may from time to time change the manner in which User Content can be used by the Service, and if we do so any license you have granted to us under Section 4(2) shall automatically be extended to new uses permitted by the Service, and any licenses previously granted to us for uses no longer permitted by the Service shall continue in accordance with Section 4(4). If you contribute User Content to the BTController app or Site, it is your responsibility to check the BTController app and Site from time to time to review how we permit User Content to be used.
4.4 You may at any time, on written notice to us, terminate your use of the Site and this Agreement in the manner provided below, and upon such termination your license to us and our sublicenses to others shall also terminate, provided that after such termination that license and those sublicenses will continue with respect to any Permitted Use of your User Content that commenced prior to the effective time of the termination, until that Permitted Use ceases. A Permitted Use is any use of Content permitted by this Agreement or the Service. For example, if at the time of your termination any User Content you have contributed to the BTController app or Site as an artist is used in a controller, or has been printed by a Member for their personal use, or is used by us in promotional materials, those uses may continue until they cease. In particular, if at the time of your termination your User Content has been sublicensed by us to a third party for printing, that sublicense, printing, distribution and sale of printed materials may continue until it terminates according to the terms of our agreement with the third party, and all such printed materials have been sold. Also, if you choose to terminate, while it is not our usual practice, we may retain a copy of the applicable User Content for archival purposes, particularly if it violates sections of this Agreement. Finally, if your use of the BTController app, Site or this Agreement terminates for any reason, or Content is removed from the Site, your license hereunder to use the Content or the removed Content, as the case may be, terminates immediately.
4.5 Soft Igloo reserves the right to remove Content from the BTController app or Site at any time, without notice, for any reason, or for no reason, in its sole discretion.
4.6 You represent and warrant to Soft Igloo that (a) you are the sole owner, author and copyright owner of User Content you contribute to the BTController app or Site or you have written permission from the author, owner or copyright owner to make such User Content available to the Service as “User Content”, and (b) such User Content does not infringe upon any third party rights (including but not limited to any copyright, patent, trademark, trade secret, other intellectual property rights, moral rights, privacy rights or publicity rights); (c) such User Content complies with this Agreement and does not contain any defamatory, libelous or obscene material; (d) such User Content does not violate any applicable laws, regulations, or contain any false statements or misrepresentations; and (e) you have the written consent, release, and/or permission of each and every identifiable individual person, or the owner/author of any objects or work in such User Content to use the name or likeness of each and every such identifiable individual person, object or work, to enable inclusion and use of such User Content in the manner contemplated by the Service and this Agreement.
5. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Soft Igloo's apps AS WELL.
6. CONSENT OF USE OF DATA
You agree that Soft Igloo may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Soft Igloo's apps. Soft Igloo may also use this information to provide notices to you which may be of use or interest to you.
1. LICENSE
By receiving, opening the file package, and/or using Soft Igloo's apps ("Software"), you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by Soft Igloo your use of Soft Igloo's apps indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Soft Igloo grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Soft Igloo's apps in accordance with this Agreement and any other written agreement with Soft Igloo. Soft Igloo does not transfer the title of Soft Igloo's apps to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Soft Igloo and the purchasers or users of Soft Igloo's apps.
If you do not agree to be bound by this agreement, remove Soft Igloo's apps from your device now and, if applicable, promptly return to Soft Igloo by mail any copies of Soft Igloo's apps and related documentation and packaging in your possession.
2. DISTRIBUTION
Soft Igloo's apps and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Soft Igloo's apps contact Soft Igloo.
3. USER AGREEMENT
3.1 Use
Your license to use Soft Igloo's apps is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Soft Igloo's apps.
3.2 Use Restrictions
You shall use Soft Igloo's apps in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Soft Igloo's apps together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of Soft Igloo's apps may be used on multiple devices by one user. Use of Soft Igloo's apps means that you have loaded, installed, or run Soft Igloo's apps on a device. If you install Soft Igloo's apps onto a multi-user platform, server or network, each and every individual user of Soft Igloo's apps must be licensed separately.
The assignment, sublicense, networking, sale, or distribution of copies of Soft Igloo's apps are strictly forbidden without the prior written consent of Soft Igloo. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Soft Igloo's apps. If any person other than yourself uses Soft Igloo's apps registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Soft Igloo's apps. Nor can you create any derivative works or other works that are based upon or derived from Soft Igloo's apps in whole or in part.
Soft Igloo's name, logo and graphics file that represents Soft Igloo's apps shall not be used in any way to promote products developed with Soft Igloo's apps. Soft Igloo retains sole and exclusive ownership of all right, title and interest in and to Soft Igloo's apps and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of Soft Igloo's apps, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Soft Igloo.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend Soft Igloo , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Soft Igloo's Software.
In no event (including, without limitation, in the event of negligence) will Soft Igloo , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Soft Igloo's apps or the use or inability to use Soft Igloo's apps or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Soft Igloo's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Soft Igloo ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Soft Igloo.
3.5 Warranties
Except as expressly stated in writing, Soft Igloo makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the law of the Australia applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Australia therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement may result in suspension or termination of services provided by Soft Igloo to the user.
3.7 Termination
4. CONTENT CONTRIBUTED TO THE SITE BY MEMBERS
The BTController app allows Members to create their own controllers and to share those controllers through the app or site with other Users. BTController also allows users to supply their Content for our and our Users’ use in connection with the Service. In this Agreement we refer to all of this Content provided by Users as “User Content”.
We do not claim any ownership interest in your User Content, but we do need the right to use your User Content only to the extent necessary to provide the Site and Services to Users, including to display User Content in the manner requested by the User to operate the Site and Services.,
4.1 In order for us to make the User Content you contribute available on the Site and BTController App for these purposes, and to operate, market and promote the Service, we need the right to make use of such User Content in accordance with and subject to this Agreement.
For example, if you create controllers, we need your license to display that User Content on the Services, and we need the right to sublicense that User Content to our other Users so that they can view that User Content.
4.2 Therefore, by contributing User Content to the Site or BTController app or creating it on the Site you automatically grant to us an irrevocable and perpetual (except as set forth in this Agreement), non-exclusive, transferable, fully-paid, royalty-free (except as expressly set forth in this Agreement), worldwide license, by ourselves or with others, to use, copy, distribute, publicly perform, publicly display, print, publish, republish, excerpt (in whole or in part), reformat, translate, modify, revise and incorporate into other works, that User Content and any works derived from that User Content, in any form of media or expression, in the manner in which the Service from time to time permits User Content to be used, in compliance with all applicable laws, and to license or permit others to do so. Our rights under this license remain in place even after termination of your Membership and account.
Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Services does this to your User Content when it processes it for use in the Services.
This license also grants us the right to sublicense that User Content to other Users to permit their use of that User Content in the manner in which the Service from time to time permits User Content to be used.
4.3 We may from time to time change the manner in which User Content can be used by the Service, and if we do so any license you have granted to us under Section 4(2) shall automatically be extended to new uses permitted by the Service, and any licenses previously granted to us for uses no longer permitted by the Service shall continue in accordance with Section 4(4). If you contribute User Content to the BTController app or Site, it is your responsibility to check the BTController app and Site from time to time to review how we permit User Content to be used.
4.4 You may at any time, on written notice to us, terminate your use of the Site and this Agreement in the manner provided below, and upon such termination your license to us and our sublicenses to others shall also terminate, provided that after such termination that license and those sublicenses will continue with respect to any Permitted Use of your User Content that commenced prior to the effective time of the termination, until that Permitted Use ceases. A Permitted Use is any use of Content permitted by this Agreement or the Service. For example, if at the time of your termination any User Content you have contributed to the BTController app or Site as an artist is used in a controller, or has been printed by a Member for their personal use, or is used by us in promotional materials, those uses may continue until they cease. In particular, if at the time of your termination your User Content has been sublicensed by us to a third party for printing, that sublicense, printing, distribution and sale of printed materials may continue until it terminates according to the terms of our agreement with the third party, and all such printed materials have been sold. Also, if you choose to terminate, while it is not our usual practice, we may retain a copy of the applicable User Content for archival purposes, particularly if it violates sections of this Agreement. Finally, if your use of the BTController app, Site or this Agreement terminates for any reason, or Content is removed from the Site, your license hereunder to use the Content or the removed Content, as the case may be, terminates immediately.
4.5 Soft Igloo reserves the right to remove Content from the BTController app or Site at any time, without notice, for any reason, or for no reason, in its sole discretion.
4.6 You represent and warrant to Soft Igloo that (a) you are the sole owner, author and copyright owner of User Content you contribute to the BTController app or Site or you have written permission from the author, owner or copyright owner to make such User Content available to the Service as “User Content”, and (b) such User Content does not infringe upon any third party rights (including but not limited to any copyright, patent, trademark, trade secret, other intellectual property rights, moral rights, privacy rights or publicity rights); (c) such User Content complies with this Agreement and does not contain any defamatory, libelous or obscene material; (d) such User Content does not violate any applicable laws, regulations, or contain any false statements or misrepresentations; and (e) you have the written consent, release, and/or permission of each and every identifiable individual person, or the owner/author of any objects or work in such User Content to use the name or likeness of each and every such identifiable individual person, object or work, to enable inclusion and use of such User Content in the manner contemplated by the Service and this Agreement.
5. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Soft Igloo's apps AS WELL.
6. CONSENT OF USE OF DATA
You agree that Soft Igloo may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Soft Igloo's apps. Soft Igloo may also use this information to provide notices to you which may be of use or interest to you.