IMPORTANT: PLEASE
READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY
BEFORE USING THE SOFTWARE. FOUR CHAMBERS STUDIO LLC, (THE OWNER
AND COPYRIGHT HOLDER OF THE PRODUCTS) ON THIS SITE AND/OR ITS
SUBSIDIARIES IS WILLING TO LICENSE THE SOFTWARE TO YOU AS THE
INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE UTILIZING
THE SOFTWARE (REFERENCED BELOW AS “YOU” OR “YOUR”)
ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS
LICENSE AGREEMENT.
1. License:
The software and documentation that accompanies this license
(collectively the “Software”) is the property of
Four Chambers Studio, LLC, or its licensors, and is protected
by copyright law. While Four Chambers Studio, LLC continues
to own the Software, You will have certain rights to use the
Software after Your acceptance of this license. This license
governs any releases, revisions, or enhancements to the Software
that Four Chambers Studio, LLC may furnish to You. Your rights
and obligations with respect to the use of this Software are
as follows.
You may:
A. use one copy of the Software on a single computer;
B. make one copy of the Software for archival purposes,
or copy the Software onto the hard disk of Your computer;
C. use the Software in accordance with any additional permitted
uses set forth below.
You may not:
A. sublicense, rent, or lease any portion of the Software;
reverse engineer, decompile, disassemble, modify, translate,
make any attempt to discover the source code of the Software,
or create derivative works from the Software;
B. use the Software in any manner not authorized by this
license; nor
C. use the Software in any manner that contradicts any additional
restrictions set forth below.
3.Thirty (30) Day Return Policy:
If you are the original purchaser of this copy of the product
and are not completely satisfied with it for any reason, please
contact us for a refund of the money you paid (less shipping,
handling, and any applicable taxes except in certain states
and countries where shipping, handling and taxes are refundable)
at any time during the thirty (30) day period following the
date of purchase. Original products will need to be returned
to us along with a brief explanation of why you are unsatisfied
with your product. Please contact us first before returning
your product. You can reach us at
support@fourchambers.org.
5. Limited Warranty:
Four Chambers Studio, LLC warrants that the media on which
the Software is distributed will be free from defects for
a period of thirty (30) days from the date of delivery of
the Software to You. Your sole remedy in the event of a breach
of this warranty will be that Four Chambers Studio, LLC will,
at its option, replace any defective media returned to Four
Chambers Studio, LLC within the warranty period or refund
the money You paid for the Software. Four Chambers Studio
LLC does not warrant that the Software will meet Your needs
or that operation of the Software will be uninterrupted or
that the Software will be error-free.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ABOVE
WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES,
WHETHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS,
WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
6. Disclaimer of Damages:
SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE
EUROPEAN ECONOMIC AREA, DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS
OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL
PURPOSE, IN NO EVENT WILL FOUR CHAMBERS STUDIO, LLC OR ITS
LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL,
INDIRECT, OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR
LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE
EVEN IF FOUR CHAMBERS STUDIO, LLC HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL FOUR CHAMBERS
STUDIO, LLC'S OR ITS LICENSORS’ LIABILITY EXCEED THE
PURCHASE PRICE FOR THE SOFTWARE. The disclaimers and limitations
set forth above will apply regardless of whether You accept
the Software.
7. U.S. Government Restricted Rights:
RESTRICTED RIGHTS LEGEND. All Four Chambers Studio, LLC products
and documentation are commercial in nature. The software and
software documentation are “Commercial Items,”
as that term is defined in 48 C.F.R. section 2.101, consisting
of “Commercial Computer Software” and “Commercial
Computer Software Documentation,” as such terms are
defined in 48 C.F.R. section 252.227-7014(a)(5) and 48 C.F.R.
section 252.227-7014(a)(1), and used in 48 C.F.R. section
12.212 and 48 C.F.R. section 227.7202, as applicable. Consistent
with 48 C.F.R. section 12.212, 48 C.F.R. section 252.227-7015,
48 C.F.R. section 227.7202 through 227.7202-4, 48 C.F.R. section
52.227-14, and other relevant sections of the Code of Federal
Regulations, as applicable, Four Chambers Studio, LLC's computer
software and computer software documentation are licensed
to United States Government end users with only those rights
as granted to all other end users, according to the terms
and conditions contained in this license agreement. Manufacturer
is Four Chambers Studio, LLC, 4260 Maple Ave, Oakland, CA
94602.
8. Export Regulation:
Certain Four Chambers Studio, LLC products are subject to
export controls by the U.S. Department of Commerce (DOC),
under the Export Administration Regulations (EAR) (see www.bxa.doc.gov).
Violation of U.S. law is strictly prohibited. You agree to
comply with the requirements of the EAR and all applicable
international, national, state, regional and local laws, and
regulations, including any applicable import and use restrictions.
Four Chambers Studio, LLC products are currently prohibited
for export or re-export to Cuba, North Korea, Iran, Iraq,
Libya, Syria and Sudan or to any country subject to applicable
trade sanctions. You agree not to export, or re-export, directly
or indirectly, any product to any country outlined in the
EAR, nor to any person or entity on the DOC Denied Persons,
Entities and Unverified Lists, the U.S. Department of State’s
Debarred List, or on the U.S. Department of Treasury's lists
of Specially Designated Nationals, Specially Designated Narcotics
Traffickers, or Specially Designated Terrorists. Furthermore,
You agree not to export, or re-export, Four Chambers Studio,
LLC products to any military entity not approved under the
EAR, or to any other entity for any military purpose, nor
will You sell any Four Chambers Studio, LLC product for use
in connection with chemical, biological, or nuclear weapons
or missiles capable of delivering such weapons.
9. General:
If You are located in North America or Latin America, this
Agreement will be governed by the laws of the State of California,
United States of America. Otherwise, this Agreement will be
governed by the laws of England and Wales. This Agreement
and any related License Module is the entire agreement between
You and Four Chambers Studio, LLC relating to the Software
and: (i) supersedes all prior or contemporaneous oral or written
communications, proposals, and representations with respect
to its subject matter; and (ii) prevails over any conflicting
or additional terms of any quote, order, acknowledgment, or
similar communications between the parties. This Agreement
shall terminate upon Your breach of any term contained herein
and You shall cease use of and destroy all copies of the Software.
The disclaimers of warranties and damages and limitations
on liability shall survive termination. Should You have any
questions concerning this Agreement, or if You desire to contact
Four Chambers Studio, LLC for any reason, please write to:
Four Chambers Studio, LLC, 4260 Maple Ave, Oakland, CA 94602.
|
