EULA - End User License Agreement
END-USER LICENSE AGREEMENT FOR BUZZ 3D MEDIA CONVERTER
DOWNLOADING OR THE USE OF BUZZ 3D MEDIA CONVERTER BINDS YOU TO THE TERMS OF THE FOLLOWING LEGAL END-USER LICENSE AGREEMENT.
This End-User License Agreement ("EULA") for any of VR Marketing''s Buzz 3D Media Converter software is a legal agreement between you (either as an individual or a corporate entity) and Virtual Reality Marketing (UK) Ltd (trading as VR Marketing and Buzz 3D) for BUZZ 3D SOFTWARE which includes not only the computer software but also any associated media and may include "online" or electronic documentation ("SOFTWARE PRODUCT").
By installing, copying or otherwise using BUZZ 3D MEDIA CONVERTER you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not proceed with the installation of and / or promptly delete the SOFTWARE PRODUCTS that you have downloaded onto the hard drive of your computer or onto floppy disk(s), CD-ROM, or any other storage media/medium.
The following are the TERMS & CONDITIONS OF USE (the "Agreement") governing the use of Buzz 3D Media Converter software (the "Software") (available from www.buzz3d.com or other download sites, CD-ROM, etc) by Buzz 3D subscribers ("Users") as offered by VR Marketing and Buzz 3D. You may print the text of this Agreement from this page by copy/pasting it into your choice of word processor, or refer to the copy of this Agreement that can be found at - www.buzz3d.comcompany_legal_media-converter.htm
1. GRANT OF LICENSE
This EULA grants you the following limited, non-exclusive rights: You may install and use BUZZ 3D MEDIA CONVERTER in association with Microsoft''s Windows 95/98/ME/2000/XP operating systems.
Please read this Agreement carefully before registering to become a User of the Software. By choosing to register, you agree to be bound by this Agreement, and indicate such agreement by clicking the "I ACCEPT" button at the end of this Agreement. If you do not agree to this Agreement, click "I DO NOT ACCEPT", and do not access the Software. You will not be able to access the Software unless you click "I ACCEPT". You agree that your use of the Software will be subject to the most current version of this Agreement at the time of such use.
3. EXCLUSIVE TO THE SOFTWARE
This Agreement applies only to the Software specified in this Agreement. VR Marketing and Buzz 3D may have other Terms and Conditions regarding the use of other services and products.
4. THIRD PARTY SITES
b) Neither VR Marketing or Buzz 3D monitor, endorse or guarantee, and assume no responsibility for Affiliate Sites or any transactions or information you may undertake or receive from Affiliate Sites.
c) Neither VR Marketing or Buzz 3D have any control over Affiliate Sites or the content, transactions or services within them. VR Marketing and Buzz 3D cannot and do not guarantee, represent, or warrant that the content contained in the Affiliate Sites, including, without limitation other links, is accurate, legal, and/or inoffensive.
d) VR Marketing or Buzz 3D have no liability for the failure of Affiliate Sites to provide a service or any errors in or omissions regarding any information within Affiliate Sites.
e) VR Marketing or Buzz 3D do not represent or warrant that an Affiliate Site will not contain computer viruses or other harmful code that could impact your computer or other web access device.
f) VR Marketing or Buzz 3D disclaim any and all liability for, or in connection with, any transaction or activity related to Affiliate Sites.
6. ACCEPTABLE USE
a) Subject to this Agreement, VR Marketing or Buzz 3D grants you a limited, non-exclusive, non-transferable license to use the Software.
b) You may not use the Software for anything other than its stated lawful purpose. Regardless of the location from where the Software is used or accessed, you agree to comply with all applicable laws, regulations, statutes and ordinances in connection with the use of the Software.
Either you or VR Marketing or Buzz 3D may terminate this Agreement at any time for any reason upon notice. VR Marketing and Buzz 3D reserve the right to terminate this Agreement for any breach thereof without prior notice.
8. DISCLAIMER OF WARRANTIES
To the maximum extent permitted by applicable law, VR Marketing and Buzz 3D expressly disclaim any warranty for Buzz 3D Media Converter software, including, without limitation, the implied warranty of fitness for a particular purpose. Buzz 3D Media Converter software and any related media or documentation is provided "as is" and on an "as available" basis, where applicable. VR Marketing and Buzz 3D do not warrant that the Software contain accurate information or will be free from bugs, defects or errors, or accessible without interruption. VR Marketing and Buzz 3D make no warranties, express or implied, as to the merchantability, fitness for a particular use or purpose, or any other warranty, condition, guarantee, or representation, whether oral, written, or in electronic form, including but not limited to the quality, accuracy, usefulness, timeliness or completeness of any information provided hereon. The entire risk arising out of use or performance of the software product remains with you.
9. LIMITATION OF LIABILITY
VR Marketing or Buzz 3D, its officers, directors, employees, agents, and content providers will not be liable for any consequential, special, or punitive damages or losses you may incur in connection with the Buzz 3D Media Converter software, your use thereof, or any of the information, data or other material transmitted through or residing on the software, or any errors, defects, interruptions, corruption of data, deletions or losses of business profit resulting therefrom, or any other pecuniary loss arising out of the use of Buzz 3D Media Converter software regardless of the type of claim or the nature of the cause of action, even if VR Marketing or Buzz 3D have been advised of the possibility of such damage or loss. To the maximum extent permitted by law, you hereby release and forever waive any and all claims you may have against VR Marketing or Buzz 3D from losses or damages you sustain in connection with your use of the Software.
In the event that any exclusion, disclaimer or other provisions contained in this Agreement shall be held invalid for whatever reason and VR Marketing or Buzz 3D are adjudged liable for any loss or damage, VR Marketing''s or Buzz 3D''s entire liability and your exclusive remedy under the terms and conditions of this EULA, whether in contract, negligence or otherwise shall not exceed US$1.00 (One United States dollar).
Furthermore, you acknowledge that the allocation of risk in this license reflects the price paid for Buzz 3D Media Converter software.
a) Buzz 3D Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All rights, title and copyright in and to Buzz 3D Software (including but not limited to any images, photographs, animations, video, audio, music, text and "applets", incorporated into Buzz 3D Software, and any copies of the software product), are owned by VR Marketing.
b) VR Marketing and Buzz 3D retain all rights with respect to the Software. All Content included or available on the Software, including trade names or marks, service names or marks, text, graphics, interfaces, code, information, databases, technology and the selection and arrangement thereof, are the sole and exclusive property of VR Marketing and Buzz 3D, its licensors, or its licensees.
c) The Content on the Software is the proprietary property of VR Marketing and Buzz 3D, its licensors or its licensees and is protected by international copyright and other intellectual property laws. Except as specifically permitted herein, you agree not to duplicate, translate, publish, distribute, modify, extract data from, or otherwise commercially exploit any content. You agree not to frame, or assist third parties in framing or linking into any of the web pages contained in the Services. Such framing or linking is strictly prohibited under this Agreement.
The VR Marketing name, VR Marketing logo, Buzz 3D name, Buzz 3D logo, Buzz 3D Media Converter name, and all other VR Marketing or Buzz 3D trademarks that appear throughout the Software belong to VR Marketing and Buzz 3D, their affiliates or third party trademark owners, and are protected by UK, U.S. and international trademark laws.
You agree not to display or use in any manner the VR Marketing or Buzz 3D trademarks. Nothing in the Software shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of VR Marketing or Buzz 3D, its affiliates or licensors or any third party, whether by estoppel, implication or otherwise. The names of actual companies and products listed on the Software may be the trademarks of their respective owners.
You acknowledge that VR Marketing or Buzz 3D do not endorse, or act in a representative capacity and are not responsible or liable for or on behalf of you, any Affiliate Site, other Service User, or other third party. To the maximum extent allowed by applicable law, you agree to defend, indemnify and hold harmless VR Marketing and Buzz 3D, its affiliates and licensors, from and against all suits, proceedings, losses, liabilities, and expenses, including without limitation, attorneys'' fees, whether in tort, contract or otherwise, which arise out of or relate to your breach of any term, acknowledgement or warranty in this Agreement or any activity by you in relation to the Software or use of the Content.
13. GOVERNING LAW
This Agreement shall, for all purposes, be construed, governed by and enforced solely and exclusively in accordance with the laws of England and Wales, without giving effect to its conflict of law provisions or your actual state or country of residence, excluding its choice of law and also excluding the United Nations Convention on Contracts for the International Sale of Goods. You hereby agree that the courts and/or arbitrators located in England and Wales, will constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with this Agreement and you hereby irrevocably consent to the personal jurisdiction and venue of such courts and/or arbitrators and irrevocably waive any objections thereto. You hereby irrevocably consent to service of process for all actions in such legal proceedings. Any judgments obtained by such courts and/or arbitrators may be entered and enforced against you in any jurisdiction where you or your assets are located. Any legal action concerning this Agreement or the Software covered by this agreement must be brought by you within one (1) year after the claim or cause of action arises.
14. CHANGES TO THE AGREEMENT.
VR Marketing or Buzz 3D may change this Agreement from time to time. By continuing to use the Software after VR Marketing or Buzz 3D post any such changes, you accept the Agreement, as modified. The most current version of this Agreement can be found at - www.buzz3d.comcompany_legal_media-converter.htm
15. SEVERABILITY AND WAIVER
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be amended so that it is enforceable to the maximum extent allowed under applicable law and the remaining provisions shall be enforced. VR Marketing''s or Buzz 3D''s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
a) Those provisions outlined here that normally would survive after you cease using the Software and Content will survive.
b) No joint venture, partnership, employment or agency relationship exists between you and VR Marketing and Buzz 3D as a result of this Agreement or your use of the Software and Content.
c) Comments, suggestions or materials sent or transmitted to VR Marketing or Buzz 3D shall be deemed to be non-confidential and not subject to any restrictions. VR Marketing or Buzz 3D shall have no obligation of any kind with respect to such comments, suggestions or materials and shall be free to use and distribute them to others without limitation, including, but not limited to developing and marketing products incorporating them.
d) VR Marketing or Buzz 3D reserve the right to charge fees at anytime, for use of Software or other access of Content.
e) You may give notice to VR Marketing or Buzz 3D customer service electronically via links on the www.buzz3d.com web site, or by letter delivered by first class postage prepaid U. K. mail or overnight courier to the following address:
Virtual Reality Marketing (UK) Ltd
PO Box 26
e-mail: email@example.com or firstname.lastname@example.org
17. ENTIRE AGREEMENT
a) This Agreement constitutes the entire and final agreement between you and VR Marketing or Buzz 3D with respect to the subject matter hereof and replaces any and all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter.
b) No modification or attempted modification of this Agreement by you will be binding on VR Marketing or Buzz 3D unless such modifications are accepted by VR Marketing or Buzz 3D in writing