EULA for whale ringtones
End User License Agreement
PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THESE RINGTONES
By receiving and/or using this Maple Leaf Adventures Corp. (“Maple Leaf”) software (the “Ringtones”), you accept and agree to be bound by the following User Agreement. Subject to the terms of this Agreement, Maple Leaf grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use the Ringtones in accordance with this Agreement and any other written agreement with Maple Leaf. Maple Leaf does not transfer title to the Ringtones to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Maple Leaf and the purchasers or users of the Ringtones If you do not agree to be bound by this agreement, remove the Ringtones from your computer now.
The Ringtones 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 without attribution in full as follows: from Maple Leaf Adventures, www.MapleLeafAdventures.com . For information about redistribution of the Ringtones contact us at:
Fax: 1 (250) 386-7246
3. User Agreement
3.1 Use Restrictions
You shall use the Ringtones in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of the Ringtones 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.
3.2 Copyright Restriction
The Ringtones contain copyrighted material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile the Ringtones. Nor can you create any derivative works or other works that are based upon or derived from the Ringtones in whole or in part.
Maple Leaf’s name, logo and graphics file that represents our expedition cruises and these Ringtones shall not be used in any way to promote products developed with our Ringtones. Maple Leaf retains sole and exclusive ownership of all right, title and interest in and to the Ringtones and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of Maple Leaf’s Ringtones, 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 this agreement. All rights not expressly granted hereunder are reserved for Maple Leaf.
3.3 Limitation of Responsibility
You will indemnify, hold harmless, and defend Maple Leaf, 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 the Maple Leaf Ringtones.
In no event (including, without limitation, in the event of negligence) will Maple Leaf, 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, the Ringtones or the use or inability to use the Ringtones or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence. Our entire liability, without exception, is limited to the customers’ reimbursement of the purchase price of the Ringtones (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Maple Leaf) 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 Maple Leaf.
Except as expressly stated in writing, Maple Leaf makes no representation or warranties in respect of the Ringtones 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.
3.5 Governing Law
This Agreement shall be governed by the laws of the Province of British Columbia and the laws of Canada applicable therein except any principles regarding conflicts of laws. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Victoria, British Columbia, and any competent Courts of Appeal 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 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 the Ringtones and destroy all copies of the Ringtones supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
THE RINGTONES ARE PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL MAPLE LEAF OR ITS DIRECTORS AND AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE RINGTONES.
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