End User License Agreement
This is the End User License Agreement (EULA) for Renegade X.
Copyright (c) 2016 Totem Arts
*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
By receiving, opening the file package, and/or using Renegade-X("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 Totem Arts your use of Renegade-X indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Totem Arts grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Renegade-X in accordance with this Agreement and any other written agreement with Totem Arts. Totem Arts does not transfer the title of Renegade-X to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Totem Arts and the users of Renegade-X.
If you do not agree to be bound by this agreement, remove Renegade-X from your computer now and, if applicable, promptly return to Totem Arts by mail any copies of Renegade-X and related documentation and packaging in your possession.
Renegade-X and the license herein granted shall not be sold, re-sold, offered for re-sale, or sub-licensed in whole or in par. For information about redistribution of Renegade-X contact Totem Arts.
3. USER AGREEMENT
3.1 Use Restrictions
You shall use Renegade-X in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Renegade-X 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.
It is a violation of this agreement to sell, loan, rent, or lease the use of Renegade-X.
3.2 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 Renegade-X. Nor can you create any derivative works or other works that are based upon or derived from Renegade-X in whole or in part.
Totem Arts's name, logo and graphics file that represents Renegade-X shall not be used in any way to promote products developed with Renegade-X. Totem Arts retains sole and exclusive ownership of all right, title and interest in and to Renegade-X and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of Renegade-X, 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 Totem Arts.
3.3 Limitation of Responsibility
You will indemnify, hold harmless, and defend Totem Arts , 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 Totem Arts's Software.
In no event (including, without limitation, in the event of negligence) will Totem Arts , 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, Renegade-X or the use or inability to use Renegade-X or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Totem Arts'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 Totem Arts ) 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 Totem Arts.
Except as expressly stated in writing, Totem Arts 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.
3.5 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.
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 Renegade-X and destroy all copies of Renegade-X 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 Renegade-X AS WELL.
5. CONSENT OF USE OF DATA
You agree that Totem Arts may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Renegade-X. Totem Arts may also use this information to provide notices to you which may be of use or interest to you.