THIS END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN HEAD
FIRST, INC. ("PICK UP AND PLAY") AND ITS CUSTOMERS ("YOU"). YOU AGREE TO
BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA IF YOU INSTALL OR USE ANY
PART OF THE ITEMS ON THIS WEBSITE ("PRODUCTS").
IMPORTANT-READ CAREFULLY:
This EULA is a legal agreement for all Pick Up And Play Products purchased on this site.
By installing or otherwise using the PRODUCTS, you agree to be bound by the terms of this EULA.
If you do not agree to the terms of this EULA, do not install or use the PRODUCTS and contact us.
Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the PRODUCTS. The PRODUCTS are licensed, not sold.
1. GRANT OF LICENSE.
This EULA grants you the following limited, non-exclusive rights:
In consideration of payment, the license fee, Pick Up And Play, as Licensor, grants to you, the Licensee, a nonexclusive right to use this copy of the PRODUCTS on a single phone.
All rights not expressly granted to Licensee are reserved to Pick Up And Play.
2. SOFTWARE OWNERSHIP.
As the Licensee, you own the right to download the PRODUCTS to your phone. Pick Up And Play shall retain full and complete title to the PRODUCTS. The License is not a sale of the original PRODUCTS.
3. COPYRIGHT.
All rights, title, and copyrights in and to the PRODUCTS are owned by Pick Up And Play. Copyright laws and international treaty provisions protect the PRODUCTS. Therefore, you must treat the PRODUCTS like any other copyrighted material. Also, you may not copy the any materials accompanying or inlcuded in the PRODUCTS (including, but not limited to, any images, animations, video, audio, music, text, "applets" or characters incorporated into the PRODUCTS).
4. RESTRICTIONS ON USE.
Licensee may physically transfer the PRODUCTS to thier phone, provided that the PRODUCTS is used on only one phone at any one time. Licensee may not electronically transfer the SOFTWARE to multiple phones. Licensee may not distribute copies of the PRODUCTS or accompanying materials to others, unless this is a free or trial version of our PRODUCTS, and in such case you may make copies of, and distribute copies of, the PRODUCTS, provided you do so for non-commercial purposes and receive no value in return. Licensee may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the PRODUCTS or its accompanying materials. Licensee may not sublicense, lend, lease or otherwise make the PRODUCTS available to any third party (on the Internet or tangible media, by broadcast or in any other manner). Licensee may not remove or alter any copyright, trademark or other proprietary notice contained in the PRODUCTS. Further, you may not use the software for any purpose that is infringing, illegal, or defamatory in nature.
5. TRANSFER RESTRICTIONS.
Licensee shall not assign, rent, lease, sell, sublicense, or otherwise transfer the PRODUCTS to another party for any reason. Any party authorized by Pick Up And Play to receive the PRODUCTS must agree to be bound by the terms and conditions of this Agreement.
6. TERMINATION.
Without prejudice to any other rights, Pick Up And Play may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the PRODUCTS and all of its component parts.
7. NO WARRANTY; LIABILITY LIMITATION; CHOICE OF LAW.
NO WARRANTIES.
Pick Up And Play expressly disclaims any warranty for the PRODUCTS. The PRODUCTS and any related materials are provided "AS IS" without warranty or condition of any kind, either express or implied, including, without limitation, the implied warranties and conditions of merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the products remains with you.
8. NO LIABILITY FOR DAMAGES.
In no event shall Pick Up And Play or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this Pick Up And Play product, even if Pick Up And Play has been advised of the possibility of such damages. In any case, Pick Up And Play's entire liability under any provision of this License shall be limited to the greater of the amount actually paid by you for the PRODUCTS. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
9. GOVERNING LAW.
This EULA is governed by the laws of the State of California.
IMPORTANT-READ CAREFULLY:
This EULA is a legal agreement for all Pick Up And Play Products purchased on this site.
By installing or otherwise using the PRODUCTS, you agree to be bound by the terms of this EULA.
If you do not agree to the terms of this EULA, do not install or use the PRODUCTS and contact us.
Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the PRODUCTS. The PRODUCTS are licensed, not sold.
1. GRANT OF LICENSE.
This EULA grants you the following limited, non-exclusive rights:
In consideration of payment, the license fee, Pick Up And Play, as Licensor, grants to you, the Licensee, a nonexclusive right to use this copy of the PRODUCTS on a single phone.
All rights not expressly granted to Licensee are reserved to Pick Up And Play.
2. SOFTWARE OWNERSHIP.
As the Licensee, you own the right to download the PRODUCTS to your phone. Pick Up And Play shall retain full and complete title to the PRODUCTS. The License is not a sale of the original PRODUCTS.
3. COPYRIGHT.
All rights, title, and copyrights in and to the PRODUCTS are owned by Pick Up And Play. Copyright laws and international treaty provisions protect the PRODUCTS. Therefore, you must treat the PRODUCTS like any other copyrighted material. Also, you may not copy the any materials accompanying or inlcuded in the PRODUCTS (including, but not limited to, any images, animations, video, audio, music, text, "applets" or characters incorporated into the PRODUCTS).
4. RESTRICTIONS ON USE.
Licensee may physically transfer the PRODUCTS to thier phone, provided that the PRODUCTS is used on only one phone at any one time. Licensee may not electronically transfer the SOFTWARE to multiple phones. Licensee may not distribute copies of the PRODUCTS or accompanying materials to others, unless this is a free or trial version of our PRODUCTS, and in such case you may make copies of, and distribute copies of, the PRODUCTS, provided you do so for non-commercial purposes and receive no value in return. Licensee may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the PRODUCTS or its accompanying materials. Licensee may not sublicense, lend, lease or otherwise make the PRODUCTS available to any third party (on the Internet or tangible media, by broadcast or in any other manner). Licensee may not remove or alter any copyright, trademark or other proprietary notice contained in the PRODUCTS. Further, you may not use the software for any purpose that is infringing, illegal, or defamatory in nature.
5. TRANSFER RESTRICTIONS.
Licensee shall not assign, rent, lease, sell, sublicense, or otherwise transfer the PRODUCTS to another party for any reason. Any party authorized by Pick Up And Play to receive the PRODUCTS must agree to be bound by the terms and conditions of this Agreement.
6. TERMINATION.
Without prejudice to any other rights, Pick Up And Play may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the PRODUCTS and all of its component parts.
7. NO WARRANTY; LIABILITY LIMITATION; CHOICE OF LAW.
NO WARRANTIES.
Pick Up And Play expressly disclaims any warranty for the PRODUCTS. The PRODUCTS and any related materials are provided "AS IS" without warranty or condition of any kind, either express or implied, including, without limitation, the implied warranties and conditions of merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the products remains with you.
8. NO LIABILITY FOR DAMAGES.
In no event shall Pick Up And Play or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this Pick Up And Play product, even if Pick Up And Play has been advised of the possibility of such damages. In any case, Pick Up And Play's entire liability under any provision of this License shall be limited to the greater of the amount actually paid by you for the PRODUCTS. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
9. GOVERNING LAW.
This EULA is governed by the laws of the State of California.