Beauties Of VirtuaGirls End user license agreement
This End User Licence Agreement is a legal agreement between you (either an individual or a single entity) and Totem Entertainment for a Software Product downloaded by you from one of Totem Entertainment’s websites or its partners. By installing and using the software produced by Totem Entertainment you signify your acceptance of this End User Licence Agreement and you agree to be bound by the terms of this End User Licence Agreement.
IF YOU DO NOT AGREE TO THE TERMS OF THIS End User Licence Agreement DO NOT INSTALL OR USE THE SOFTWARE.
Totem Entertainment Licence
The software produced by Totem Entertainment and made available for download and free use from the websites of Totem Entertainment are protected by copyright laws and international copyright treaties.
Ownership of the software
You agree that the software and all licensed materials it might contain are licensed, not given or sold to you. You agree that the software and its content, including the whole website, belong to Totem Entertainment, including all intellectual and proprietary rights, unless otherwise specified. Totem Entertainment retains all right, title and interest in and to the software and its content at all times, and regardless of the form or media in or on which the original or other copies may subsequently exist. Any suggestions, ideas or inventions that you voluntarily and optionally disclose to us through any means will be used, or not used, by Totem Entertainment at Totem Entertainment’s sole discretion; and, Totem Entertainment will have no obligation to you regarding any ideas or inventions that you disclose through such means.
All material, including, without limitation, all advertising banners, photographic materials, recordings, video, sound, animations, and any other form of intellectual property licenced to you by Totem Entertainment as part of this agreement shall remain the property of Totem Entertainment and may not be copied or reproduced, altered, modified or changed, broadcast, distributed, transmitted or disseminated, sold or offered for sale in any manner, at any time anywhere in the World except as expressly authorized by Totem Entertainment in writing.
Totem Entertainment grants a non-exclusive, limited license, pursuant to the terms hereof, to install and use the most current versions of the software solely for your personal, non-commercial use.
i. For use on a single computer accessible by one user at a time for an unlimited evaluation period or.
Rental and Transfer of Licence.
You may not rent, loan, transfer, sub-licence the software without the written consent of Totem Entertainment.
Free Software Products
You may distribute, the software only, provided that, the copy of the software is in its original form as supplied by Totem Entertainment and that this distribution is free of charge.
You may not, nor allow or cause a third party to reverse engineer, decompile or disassemble the software and its files.
Copy or Partial use in other Software Products
The software may not be used in whole or part to enhance or assist in development of a similar or competitive product or otherwise use the whole or part of the software product.
Totem Entertainment does not assume any responsibility in case you chose to use or evaluate any product that being developed and released as Beta. Totem Entertainment further disclaims any commitment to release any product that being developed and released as Beta.
Voluntary Software and Right to Uninstall
You understand that the software is voluntary software program and you may uninstall it at any time by using the Microsoft® Windows® Add/Remove Programs menu in your Microsoft Windows control panel.
Totem Entertainment has no obligation to make available to you any subsequent versions of the software. Without limiting Totem Entertainment’s rights, you understand that Totem Entertainment, in its discretion, may modify, discontinue, or suspend your right to access the software at any time. Totem Entertainment reserves all rights in the product not expressly granted to you in this Agreement.
Disclaimer of Warranty
USE OF THE PRODUCT IS AT YOUR OWN RISK. THE PRODUCT IS SUPLIED ON AN "AS IS," "WHERE IS," BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE End User Licence Agreement. TOTEM ENTERTAINMENT MAKES NO WARRANTY THAT THE PRODUCT OR THE SUPPLIED MATERIALS ARE ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE; THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCT WILL BE RELIABLE; THAT THE PRODUCT WILL IDENTIFY ANY IDENTITY THEFT, THAT THE QUALITY OF ANY PRODUCTS OBTAINED OR PURCHASED THROUGH THE USE OF THE PRODUCT WILL MEET YOUR EXPECTATIONS; OR THAT ANY ERRORS IN THE PRODUCT WILL BE CORRECTED.
Limitation of Liability
IN NO EVENT WILL TOTEM ENTERTAINMENT, ITS EMPLOYEES, DISTRIBUTORS, SUPPLIERS, MERCHANT PARTNERS, BUSINESS ASSOCIATES, ADVERTISERS, DIRECTORS OR AGENTS (COLLECTIVELY "PROTECTED PARTIES") BE LIABLE FOR ANY INDIRECT DAMAGES OR OTHER RELIEF ARISING OUT OF YOUR USE OR INABILITY TO USE THE PRODUCT INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE PRODUCT, EVEN IF A PROTECTED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL PROTECTED PARTIES MAXIMUM CUMULATIVE LIABILITY UNDER THE End User Licence Agreement EXCEED ONE DOLLAR ($1.00).
Totem Entertainment assumes no liability hereunder for, and shall have no obligation to defend you or to pay costs, damages or attorneys' fees for, any claim arising from: any method or process in which The product may be used by you; any results of using The product; any use of other than a current unaltered release of The product; or the combination, operation or use of The product furnished hereunder with non-Licensed Materials if such infringement would have been avoided by avoidance of the combination, operation, or use of The product with other programs, data, or other materials.
These Terms and Conditions sets forth the entire understanding and agreement between you and Totem Entertainment with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby. Totem Entertainment shall not be liable for any delay or failure in performance under this Agreement or interruption of service resulting from acts of God, civil or military authority, war, labor disputes, materials provided by third parties, or any cause beyond the reasonable control of Totem Entertainment. Except as described herein, you may not assign this Agreement without our explicit consent.
Copyright © 2004, Totem Entertainment, all rights reserved. Totem Entertainment and VirtuaGirl are marks of Totem Entertainment. Microsoft Windows is either a registered trademark or a trademark of Microsoft Corporation.