Imaginaire 4.0.2

EULA - End User License Agreement

IMAGINATIVE SPIRIT, INC. END-USER LICENSE AGREEMENT FOR IMAGINAIRE PLEASE READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you and Imaginative Spirit, Inc. and governs your use of the Imaginaire computer software program (the "Software") provided with this EULA. Use of the Software constitutes your acceptance of these terms. You agree to be bound by the terms of this EULA by installing, copying or otherwise using the Software. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE THIS SOFTWARE. 1. GRANTS OF LICENSE. Imaginative Spirit, Inc. grants you a personal, nonexclusive license to use one copy of the version of the Software on any one personal computer for as many licenses as you purchase. As used herein, "You" refers the licensed user of the Software, whether a company, entity or individual. "Use" means storing, loading, installing, executing or displaying the Software. You may not publish any registration information (serial numbers, registration keys, etc.) or share it with any other company, entity, or individual. a. Documentation. You may make and use an unlimited number of copies of any documentation, provided that such copies shall be used only for personal purposes and are not to be republished or distributed in any form beyond your premises. b. Themes. The Software may contain third party content, images and text (called an Imaginaire "Theme") each of which is subject to the terms and conditions of the license agreement contained within each such Theme. c. Network Use. You may store or install a copy of the Software on a storage device such as a network server, used only to install or run the Software on computers used by licensed end users. A single license for the Software may not be shared or used concurrently by multiple end users. 2. OWNERSHIP. The Software is licensed not sold. Imaginative Spirit, Inc. owns all right, title and interest in and to the Software and its documentation including, without limitation, all intellectual property and proprietary rights therein anywhere in the world. Imaginative Spirit, Inc. reserves all rights not expressly granted to you in this EULA. Imaginative Spirit, Inc. holds exclusive copyright in the Software and its documentation. The Software is protected by copyright and other intellectual property laws and treaties. 3. USE LIMITATIONS a. Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile or disassemble the Software for any purpose. b. Other Restrictions. You may not use, copy, rent, lease, sell, modify or transfer the Software except as expressly allowed by this agreement. c. No Other Rights. You are granted no ownership rights or any other rights, express or implied, in the Software or documentation other than those specified herein, and above, and Imaginative Spirit, Inc. reserves all rights not granted to Customer 4. CONSENT TO USE OF DATA. You agree that Imaginative Spirit, Inc. and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. Imaginative Spirit, Inc. may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you. 5. LINKS TO THIRD PARTY SITES. You may link to third-party sites through the use of the Software. The third-party sites are not under the control of Imaginative Spirit, Inc. and Imaginative Spirit, Inc. is not responsible for the content of any third-party sites, any links contained in third-party sites, or any changes or updates to third-party sites. Imaginative Spirit, Inc. is not responsible for webcasting or any other form of transmission received from any third-party sites. Imaginative Spirit, Inc. is providing these links to third-party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by Imaginative Spirit, Inc. of the third-party site. 6. SOFTWARE UPDATES/SERVICES. This EULA applies to updates, supplements, add-on components, or Internet-based services components of the Software that Imaginative Spirit, Inc. may provide to you or make available to you after the date you obtain your initial copy of the Software, unless we provide other terms along with the update, supplement, add-on component or Internet-based services component. Imaginative Spirit, Inc. reserves the right to discontinue any Internet based services provided to you or made available to you through the use of the Software. 7. SOFTWARE TRANSFER. The initial user of the Software may make a one-time permanent transfer of this EULA and Software to another end user, provided the initial user retains no copies of the Software. This transfer must include all of the Software (including all component parts, the media and printed materials, and any upgrades) to this EULA. The end user receiving the Software must agree to all the EULA terms. 8. TERMINATION. Without prejudice to any other rights, Imaginative Spirit, Inc. 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 and all of its component parts. 9. LIMITED WARRANTY. The Software is provided on an "AS IS" basis. Imaginative Spirit, Inc. disclaims all warranties relating to the Software, whether express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose. The person using the Software bears all risk as to the quality and performance of the Software. The Themes are provided by third parties, and Imaginative Spirit, Inc. disclaims any liability for the content thereof. 10. DAMAGES LIMITATIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IMAGINATIVE SPIRIT, INC. OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEE PAID FOR THE SOFTWARE OR FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IF IMAGINATIVE SPIRIT, INC. OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 11. LIABILITY DISCLAIMER. All the information contained in the Software and the Themes are for educational and entertainment purposes only. The information contained in the Themes which relates to any physical activity or exercise is NOT a substitute for or an addition to any advice given to you by your physician. Before making use of any information contained in the Themes, you should consult your physician. Please understand that you are solely responsible for your use of the information contained in the Themes and that you do so at your own risk. Imaginative Spirit, Inc. disclaims any and all liability for any injuries or problems that may occur due to the use of the Software or Themes. 12. GOVERNING LAW AND VENUE. This EULA is governed by the laws of the United States of America and the State of California. In the event of a dispute relating to the terms hereof, each party agrees to that such dispute shall be subject exclusively to the jurisdiction of the state and federal courts located in Los Angeles County, California. 13. ENTIRE AGREEMENT. This EULA is the entire agreement between you and Imaginative Spirit, Inc. relating to the Software and support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any Imaginative Spirit, Inc. policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable, or illegal, the other provisions shall continue in full force and effect.