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EULA – End User License Agreement

Visions 0.3.5 and later versions
Copyright (c) 2003-2017 Heaven’s Blessings Tiny Zoo, LLC.

*** 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 Visions 0.3.5 and later versions(“Software”) containing this 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 Heaven’s Blessings Tiny Zoo, LLC. your use of Visions 0.3.5 and later versions indicates your acceptance of this license agreement and warranty.

Subject to the terms of this Agreement, Heaven’s Blessings Tiny Zoo, LLC. grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Visions 0.3.5 and later versions in accordance with this Agreement and any other written agreement with Heaven’s Blessings Tiny Zoo, LLC.. Heaven’s Blessings Tiny Zoo, LLC. does not transfer the title of Visions 0.3.5 and later versions to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Heaven’s Blessings Tiny Zoo, LLC. and the purchasers or users of Visions 0.3.5 and later versions.

If you do not agree to be bound by this agreement, remove Visions 0.3.5 and later versions from your computer now and, if applicable, promptly return to Heaven’s Blessings Tiny Zoo, LLC. by mail any copies of Visions 0.3.5 and later versions and related documentation and packaging in your possession.

2. DISTRIBUTION

Visions 0.3.5 and later versions 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 Visions 0.3.5 and later versions contact Heaven’s Blessings Tiny Zoo, LLC..

3. USER AGREEMENT

3.1 Use

Your license to use Visions 0.3.5 and later versions is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Visions 0.3.5 and later versions.

3.2 Use Restrictions

You shall use Visions 0.3.5 and later versions in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Visions 0.3.5 and later versions 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 Visions 0.3.5 and later versions may be used on one single computer location by one user. Use of Visions 0.3.5 and later versions means that you have loaded, installed, or run Visions 0.3.5 and later versions on a computer or similar device. If you install Visions 0.3.5 and later versions onto a multi-user platform, server or network, each and every individual user of Visions 0.3.5 and later versions must be licensed separately.

You may make one copy of Visions 0.3.5 and later versions for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of Visions 0.3.5 and later versions . The assignment, sublicense, networking, sale, or distribution of copies of Visions 0.3.5 and later versions are strictly forbidden without the prior written consent of Heaven’s Blessings Tiny Zoo, LLC.. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Visions 0.3.5 and later versions. If any person other than yourself uses Visions 0.3.5 and later versions 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 Visions 0.3.5 and later versions. Nor can you create any derivative works or other works that are based upon or derived from Visions 0.3.5 and later versions in whole or in part.

Heaven’s Blessings Tiny Zoo, LLC.’s name, logo and graphics file that represents Visions 0.3.5 and later versions shall not be used in any way to promote products developed with Visions 0.3.5 and later versions . Heaven’s Blessings Tiny Zoo, LLC. retains sole and exclusive ownership of all right, title and interest in and to Visions 0.3.5 and later versions and all Intellectual Property rights relating thereto.

Copyright law and international copyright treaty provisions protect all parts of Visions 0.3.5 and later versions, 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 Heaven’s Blessings Tiny Zoo, LLC..

3.4 Limitation of Responsibility

You will indemnify, hold harmless, and defend Heaven’s Blessings Tiny Zoo, LLC. , 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 Heaven’s Blessings Tiny Zoo, LLC.’s Software.

In no event (including, without limitation, in the event of negligence) will Heaven’s Blessings Tiny Zoo, LLC. , 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, Visions 0.3.5 and later versions or the use or inability to use Visions 0.3.5 and later versions or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

Heaven’s Blessings Tiny Zoo, LLC.’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 Heaven’s Blessings Tiny Zoo, LLC. ) 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 Heaven’s Blessings Tiny Zoo, LLC..

3.5 Warranties

Except as expressly stated in writing, Heaven’s Blessings Tiny Zoo, LLC. 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 United States applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of United States 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.

3.7 Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Visions 0.3.5 and later versions and destroy all copies of Visions 0.3.5 and later versions supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

4. 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 Visions 0.3.5 and later versions AS WELL.

5. CONSENT OF USE OF DATA

You agree that Heaven’s Blessings Tiny Zoo, LLC. may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Visions 0.3.5 and later versions.Heaven’s Blessings Tiny Zoo, LLC. may also use this information to provide notices to you which may be of use or interest to you.