IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ('EULA') IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND FULLER SYSTEMS, INC. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY SELECTING THE 'ACCEPT' BUTTON AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL THE SOFTWARE.
(a) 'FULLER SYSTEMS, INC.' means FULLER SYSTEMS, INC. and its licensors, if any.
(b) 'Software' means the CRIBBAGE PRO software program and any third party software programs contained therein, in each case supplied by FULLER SYSTEMS, INC. herewith, and corresponding documentation, associated media, printed materials, and online or electronic documentation, and all updates or upgrades of the above that are provided to you.
(c) 'Software Trial Application' means a version of the Software, so identified, to be used only to review, demonstrate and evaluate the Software for a limited time period. The Software may have limited features and will cease operating after a predetermined amount of time due to an internal mechanism within the Software.
2. License Grants
(a) You may install and use the Software on up to three (3) mobile phones, tablets or similar devices. A license for the Software may not be shared, installed or used concurrently on different computers.
(b) Your license rights under this EULA are non-exclusive.
(c) FULLER SYSTEMS, INC. reserves the right to anonymously track and report a user's activity inside this application.
(d) FULLER SYSTEMS, INC. reserves the right to monitor multiplayer game activity for the purpose of ensuring security and compliance with this agreement.
3. License Restrictions
(a) You may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network.
(b) You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
(c) You may not sell, rent, lease, or sublicense the Software.
(d) You may not modify the Software or create derivative works based upon the Software.
(e) You may not export the Software into any country prohibited by the United States Export Administration Act and the regulations thereunder.
(f) In the event that you fail to comply with this EULA, FULLER SYSTEMS, INC. may terminate the license and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this EULA surviving any such termination).
(g) Unless otherwise provided herein, you shall not (A) in the aggregate, install or use more than one copy of the Software, (B) download the Software Trial Application under more than one username, (C) alter the contents of a hard drive or computer system to enable the use of the Software Trial Application for an aggregate period in excess of the trial period for one license to such Software Trial Application, or (D) use the Software Trial Application for a purpose other than the sole purpose of determining whether to purchase a license to a commercial or full online version of the Software.
(h) In the event that any material posted or sent electronically by you (or your account or device) may be deemed inappropriate or objectionable, FULLER SYSTEMS, INC. reserves the right to audit such activity and remove any such offensive material from it's servers and/or terminate your access to the software and/or services provided through the use of the Software at it's sole discretion.
The foregoing license gives you limited license to use the Software. FULLER SYSTEMS, INC. and its suppliers and partners retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software and all copies thereof. All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved by FULLER SYSTEMS, INC., its suppliers and its partners.
5. WARRANTY DISCLAIMER
(a) FULLER SYSTEMS, INC. AND ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. FULLER SYSTEMS, INC. DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. FULLER SYSTEMS, INC. SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
(b) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.
(c) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FULLER SYSTEMS, INC., ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
(d) (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
(e) FULLER SYSTEMS, INC. shall have no responsibility if the Software has been altered in any way, or FOR ANY failure THAT arises out of use of the Software with other than a recommended hardware configuration, PLATFORM OR OPERATING SYSTEM.
6. LIMITATION OF LIABILITY
(a) NEITHER FULLER SYSTEMS, INC. NOR ITS SUPPLIERS AND PARTNERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF FULLER SYSTEMS, INC. OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) FULLER SYSTEMS, INC.'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE PURCHASE PRICE (IF ANY) OF THE SOFTWARE.
(c) (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
(d) Note that online play may alter your experience of the Software, and the comments, images and other materials posted and/or supplied by other users during that experience is outside of the direct control of the Software and FULLER SYSTEMS, INC. and for which FULLER SYSTEMS, INC. may not be held responsible or held liable for.
(e) THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THIS EULA.
7. Basis of Bargain
The Warranty Disclaimer and Limited Liability set forth above are fundamental elements of the basis of the agreement between FULLER SYSTEMS, INC. and you. FULLER SYSTEMS, INC. would not be able to provide the Software on an economic basis without such limitations. Such Warranty Disclaimer and Limited Liability insure to the benefit of FULLER SYSTEMS, INC.'s licensors.
8. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND
This Software and the documentation are provided with 'RESTRICTED RIGHTS' applicable to private and public licenses alike. Without limiting the foregoing, use, duplication, or disclosure by the US Government is subject to restrictions as set forth in this EULA and as provided in DFARS 227.7202-1(a) and 227.7202-3 (a) (1995), DFARS 252.227-7013 (c)(1)(ii)(OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable. Manufacturer: FULLER SYSTEMS, INC., Fuller Systems, Inc. www.FullerSystems.com.
9. (Outside of the USA) Consumer End Users Only
The limitations or exclusions of warranties and liability contained in this EULA do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in the course of a business.
The limitations or exclusions of warranties, remedies or liability contained in this EULA shall apply to you only to the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.
10. Third Party Software
(a) The Software may operate or interface with software or other technology that is licensed from, and/or owned by, third parties (Third Party Licensors). Licensee agrees that (a) it will use Licensed Code in accordance with this Agreement and any other restrictions specified in the applicable license set forth or referenced in the Documentation (if any), (b) no Third Party Licensor makes any representation or warranty to Licensee concerning the In-Licensed Code or Software and (c) no Third Party Licensor will have any obligation or liability to Licensee as a result of this Agreement or Licensee's use of the Licensed Code.
This EULA shall be governed by the internal laws of the State of CA, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in SACRAMENTO County CA or the federal courts in SACRAMENTO to resolve any disputes arising under this EULA. In each case this EULA shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods.
This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Software licensed hereunder shall be of no effect. The failure or delay of FULLER SYSTEMS, INC. to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.
No FULLER SYSTEMS, INC. dealer, agent or employee is authorized to make any amendment to this EULA.
If any provision of this EULA shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this EULA will remain in full force and effect.
All questions concerning this EULA shall be directed to: FULLER SYSTEMS, INC., email@example.com, Attention: Josh Fuller.
FULLER SYSTEMS, INC, "Cribbage Pro" and other trademarks contained in the Software are trademarks or registered trademarks of FULLER SYSTEMS, INC. in the United States and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. This EULA does not authorize you to use FULLER SYSTEMS, INC.'s or its licensors' names or any of their respective trademarks.