gifSlap End User License Agreement

gifSlap

Copyright (c) 2015 Gridwalk Labs

Last updated: March 17, 2015

*** END USER LICENSE AGREEMENT ***

IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.

1. LICENSE

By receiving, opening the file package, and/or using gifSlap ("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 Gridwalk Labs your use of gifSlap indicates your acceptance of this license agreement and warranty.

Subject to the terms of this Agreement, Gridwalk Labs grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use gifSlap in accordance with this Agreement and any other written agreement with Gridwalk Labs. Gridwalk Labs does not transfer the title of gifSlap to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Gridwalk Labs and the purchasers or users of gifSlap.

If you do not agree to be bound by this agreement, remove gifSlap from your computer now.

2. DISTRIBUTION

gifSlap and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except for your own personal use. For information about redistribution of gifSlap contact Gridwalk Labs.

3. USER AGREEMENT

3.1 Use

Your license to use gifSlap is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of gifSlap.

3.2 Use Restrictions

You shall use gifSlap in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of gifSlap together with material that is 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.

Each licensed copy of gifSlap may be used by one user on one single computer location at a time. Use of gifSlap means that you have loaded, installed, or run gifSlap on a computer or similar device. If you install gifSlap onto a multi-user platform, server or network, each and every individual user of gifSlap must be licensed separately.

Other users may not use your copy of gifSlap. The assignment, sublicense, networking, sale, or distribution of copies of gifSlap are strictly forbidden without the prior written consent of Gridwalk Labs. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of gifSlap. If any person other than yourself uses gifSlap registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation.

3.3 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 gifSlap. Nor can you create any derivative software that is based upon or derived from gifSlap in whole or in part.

Gridwalk Labs's name, logo and graphics file that represents gifSlap shall not be used in any way to promote products developed with gifSlap. Gridwalk Labs retains sole and exclusive ownership of all right, title and interest in and to gifSlap and all Intellectual Property rights relating thereto.

Copyright law and international copyright treaty provisions protect all parts of gifSlap, products and services. No program, code, part, 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 Gridwalk Labs.

3.4 Limitation of Responsibility

You will indemnify, hold harmless, and defend Gridwalk Labs, 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 Gridwalk Labs's Software.

In no event (including, without limitation, in the event of negligence) will Gridwalk Labs, 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, gifSlap or the use or inability to use gifSlap or the furnishing, performance or use of any other matters hereunder whether based upon contract or any other theory including negligence.

Gridwalk Labs's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software in exchange for the deletion of all copies of gifSlap supplied under this Agreement.

3.5 Warranties

Except as expressly stated in writing, Gridwalk Labs 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.

3.6 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.

3.7 Termination

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 gifSlap and destroy all copies of gifSlap 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 gifSlap AS WELL.

5. CONSENT OF USE OF DATA

You agree that Gridwalk Labs may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to gifSlap .Gridwalk Labs may also use this information to provide notices to you which may be of use or interest to you.