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EULA - End User License Agreement

End-User License Agreement for Warm and Fuzzy Logic Software

Notice to User: Please read this contract carefully. By using all or any portion of the Software you accept all the terms and conditions of this agreement.

This End-User License Agreement (EULA) is a legal agreement between you and Warm and Fuzzy Logic for the Software that comes with this EULA, which includes associated media and Warm and Fuzzy Logic Internet based services (Software). You agree to be bound to the terms of this EULA by clicking on the "I agree" button on this dialog, by installing this software, by copying it to your computer, or by using the software. You agree that is agreement is enforceable like any written negotiated agreement signed by you. If you do not agree, do not install copy or use the software. You may return it to the place where you purchased it for a full refund if applicable.

1. Grant of License. Warm and Fuzzy Logic grants the following rights provided that you comply with all the terms and conditions of this EULA.
1.1 Copyright. You acknowledge that you have only the limited, non-exclusive right to use and copy the Software as expressly stated in this license and that Warm and Fuzzy Logic retains title to the Software and all other rights not expressly granted.
1.2 Installation and Use. You may install and use a copy of the software on one personal computer or other device. Additional installations require additional license purchases.
1.3 Documentation. The Documentation that comes with the Software is licensed for internal, non-commercial reference only.

2. Reservation of Rights and Ownership. Warm and Fuzzy Logic reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Warm and Fuzzy Logic or its suppliers own the title, copyright and other intellectual property rights in the Software. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Warm and Fuzzy Logic and its suppliers. You may not reduce the Software to human readable form, reverse engineer, de-compile, disassemble or modify the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. The Software is licensed, not sold. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademarks owners’ names. This EULA does not give you any rights of ownership in any Warm and Fuzzy Logic trademark. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by Warm and Fuzzy Logic.

3. No rental. You may not rent, lease or lend this Software. You may not repackage for distribution or resale or authorize all or any portion of the Software to be copied onto another user’s computer except as may be expressly permitted herein.

4. Consent to use data. You agree that Warm and Fuzzy Logic may collect and use information gathered as part of product support services provided to you, if any, related to the Software. Warm and Fuzzy Logic may use this information solely to improve our products, or to provide customized support to you and will not disclose this information to any third parties.

5. Updates. This EULA applies to updates, add-on components, or any other services Warm and Fuzzy Logic may provide to you, or make available to you after you obtain your initial copy of the Software, unless they are accompanied by different terms.

6. Termination. Without prejudice to any other rights, Warm and Fuzzy Logic 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. The provisions of section 10 and 11 shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to use the Software after termination of this agreement.

7. Export Restrictions. You acknowledge that the Software is subject to U.S. Export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.

8. Software protection. There are technological measures in this Software that are designed to prevent its unlicensed use. You may not be able to run the Software after a certain period of time unless you activate your copy of the Software as described in the Software.

9. Limited Warranty. Warm and Fuzzy Logic warrants to the person or entity that first purchases a license for the Software for use pursuant to the terms of this license, that the Software will perform substantially in accordance with the Documentation for ninety (90) days following receipt of the Software when used on the recommended operating system and hardware configuration. Non-substantial variations of performance from the Documentation does not establish a warranty right. As to any defects discovered after the ninety day period, there is no warranty or condition of any kind. Any updates to the Software after the expiration of the ninety day limited warranty period are not covered by any warranty or condition, express, implied or statutory. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and Warm and Fuzzy Logic will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with Warm and Fuzzy Logics warranty remedy procedures. To exercise your remedy, contact: Warm and Fuzzy Logic, ATTN Returns / 2694 San Joaquin Hills Road / Corona del Mar, CA 92625.

10. Disclaimer. The foregoing Limited Warranty states the sole and exclusive remedies for Warm and Fuzzy Logics or its suppliers breach of warranty. Warm and Fuzzy Logic and its suppliers do not and cannot warrant the performance or results you may obtain by using the Software. Except for the foregoing limited warranty, and for any warranty, condition, representation or term to the extent to which the same cannot or may not be excluded or limited by law applicable to you in your jurisdiction, Warm and Fuzzy Logic and its suppliers make no warranties, conditions, representations or terms, express or implied, whether by statute, common law, custom, usage or otherwise as to any other matters, including but not limited to non-infringement of third party rights, satisfactory quality or fitness for any particular purpose. The provisions of section 10 and 11 shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to use the Software after termination of this agreement.

11. Limitation of Liability. In no event will Warm and Fuzzy Logic or its suppliers be liable to you for any damages, claims or costs whatsoever or any consequential, indirect, incidental damages, or any lost profits or lost savings, even if a Warm and Fuzzy Logic representative has been advised of the possibility of such loss, damages, claims or costs or for any claim by any third party. The foregoing limitations and exclusions apply to the extent permitted by applicable law in your jurisdiction. Warm and Fuzzy Logics aggregate liability and that of its suppliers under or in connection with this agreement shall be limited to the amount paid for the software, if any. Warm and Fuzzy Logic is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose.

12. Applicable Law. If you acquired this Software in the United States, this EULA is governed by the laws of the State of California. If you acquired this Software in any other country, then local law may apply.

13. Entire Agreement, Severability. This EULA (including any addendum or amendment included with this Software) is the entire agreement between you and Warm and Fuzzy Logic relating to the Software and the support services (if any) and they supersede all prior oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by the EULA. To the extent the terms of any Warm and Fuzzy Logic policies or programs for support services conflict with the 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.

14. U.S. Government Restricted Rights. The Software and documentation are provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1),(2), and (3) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable, and any amendments thereto.

15. Amendment. This Agreement is subject to change by Warm and Fuzzy Logic at any time and without notice.

16. No Other Agreements. This Agreement replaces and supersedes any prior written or oral agreements, if applicable.