SOFTWARE LICENSE AGREEMENT
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE INSTALLING. BY INSTALLING, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, RETURN SOFTWARE WITHOUT INSTALLING.
1. License. The software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (the VRitty Software) are licensed to you by VRitty, Inc. or its local subsidiary, if any (VRitty). You own the media on which the VRitty Software is recorded but VRitty and/or VRitty's licensor(s) retain title to the VRitty Software. The VRitty Software and any copies made and/or distributed under this License are subject to this License.
2. Permitted Uses and Restrictions. This License allows you to install and use the VRitty Software on a single active production computer at a time. You may have any number of inactive hot backup computers installed at any time and any number of non-production development copies installed at any time. You may make one copy of the VRitty Software in machine-readable form for backup purposes provided the backup copy contains all copyright information contained on the original. You may use the VRitty Software for (i) testing the VRitty Software, and (ii) developing application software solely for your own personal use. In order to develop application software, you may also use, copy, and incorporate into your own programs the VRitty Software described in the Licensing Info folder, provided you reproduce on each copy the VRitty copyright notice and any other proprietary legends that were on the original copy of the VRitty Software. Except as expressly permitted in this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute or create derivative works based upon the VRitty Software in whole or part or transmit the VRitty Software over a network or from one computer to another. THE VRITTY SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION SYSTEMS, OR AIR TRAFFIC CONTROL MACHINES IN WHICH CASE THE FAILURE OF THE VRITTY SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. Your rights under this License will terminate automatically without notice from VRitty if you fail to comply with any term(s) of this License.
3. Limited Warranty on Media (if applicable). VRitty warrants the media on which the VRitty Software is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this paragraph shall be, at VRitty's option, a refund of the purchase price of the product containing the VRitty Software or replacement of the VRitty Software which is returned to VRitty or an VRitty authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. VRITTY SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
4. Disclaimer of Warranty on VRitty Software. Some of the VRitty Software may be designated as alpha, beta, development, pre-release, untested, or not fully tested versions of the VRitty Software. Such VRitty Software may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. You expressly acknowledge and agree that use of the VRitty Software is at your sole risk. The VRitty Software is provided AS IS and without warranty of any kind and VRitty and VRitty's licensor(s) (for the purposes of provisions 4 and 5, VRitty and VRitty's licensor(s) shall be collectively referred to as "VRitty") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. VRITTY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE VRITTY SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE VRITTY SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE VRITTY SOFTWARE WILL BE CORRECTED. FURTHERMORE, VRITTY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE VRITTY SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VRITTY OR AN VRITTY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE VRITTY SOFTWARE PROVE DEFECTIVE, YOU (AND NOT VRITTY OR AN VRITTY AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING VRITTY PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY VRITTYÕS NEGLIGENCE.
5. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL VRITTY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall VRitty's total liability to you for all damages exceed the amount of fifty dollars ($50.00).
6. Export Law Assurances. You may not use or otherwise export or reexport the VRitty Software except as authorized by United States law and the laws of the jurisdiction in which the VRitty Software was obtained. In particular, but without limitation, the VRitty Software may not be exported or reexported (i) into (or to a national or resident of) any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the VRitty Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
7. Government End Users. If the VRitty Software is supplied to the United States Government, the VRitty Software is classified as "restricted computer software" as defined in clause 52.227-19 of the FAR. The United States Government's rights to the VRitty Software are as provided in clause 52.227-19 of the FAR.
8. Controlling Law and Severability. If there is a local subsidiary of VRitty in the country in which the VRitty Software License was obtained, then the local law in which the subsidiary sits shall govern this License. Otherwise, the laws of the United States and the State of Nevada shall govern this License. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
9. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the VRitty Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by VRitty.