Important Note
PlayWrite End User License Agreement
1. Preamble: This End User License Agreement (hereinafter, "This Agreement"), governs the relationship between You, a private person, (hereinafter, "Licensee") and Samuel Briney, a private person (hereinafter, "Licensor"). This Agreement sets forth the terms, rights, restrictions and obligations on using Playwrite (hereinafter, "The Software") created and owned by Licensor, as detailed herein. From time to time, Licensor may change or amend this Agreement. If Licensor does, Licensor will notify Licensee, either through an email notification, or through other reasonable means. Licensee's use of The Software after the date the change becomes effective will be Licensee's consent to the changed Agreement. If Licensee does not agree to the changes, Licensee must stop using The Software.
2. Definitions:
1. Limited: Licensee may use The Software for the purpose of distributing verbatim copies of The Software’s output.
2. Binary Restricted: Licensee may not sublicense The Software.
3. Non Assignable and Non-Transferable: Licensee may not assign or transfer his or her rights and duties under this license.
4. Non-Commercial: Licensee may not use The Software for commercial purposes.
5. Commercial Purposes: Occurs when a 3rd party has to pay in order to access The Software.
6. Non-Copyable: Licensee may not copy (other than one (1) back-up copy), distribute, publicly display, transmit, sell, rent, lease, or otherwise exploit The Software.
7. Upgrades: A material amendment in The Software, which contains new features and or major performance improvements and shall be marked as a new version number. For example, should Licensee purchase The Software under version 1.X.X.X. an Upgrade shall commence under number 2.0.0.0.
8. Updates: A minor amendment in The Software, which may contain new features or minor improvements and shall be marked as a new sub-version number. For example, should Licensee purchase The Software under version 1.1.X.X. an Update shall commence under number 1.2.0.0.
9. Fix: A minor amendment in The Software, intended to remove bugs or alter minor features which impair The Software's functionality. A Fix shall be marked as a new sub-sub-version number. For example, should Licensee purchase Software under version 1.1.1.X., a Fix shall commence under number 1.1.2.0.
3. License Grant: Licensor hereby grants Licensee a Personal, Non-assignable, Non-transferable, Non-commercial, Non-copyable, Non-exclusive License, without the rights to create derivative works, in accordance with the terms and other legal restrictions set forth in 3rd-party software used while running The Software.
4. Term & Termination: The Duration of this License shall continue until termination by Licensee or Licensor. Licensor may terminate This Agreement and Licensee’s License for any material breach of This Agreement, including but not limited to, Licensee:
1. becoming insolvent or otherwise enters into any liquidation process; or
2. exporting The Software to any jurisdiction where Licensor may not enforce its rights under this agreement; or
3. breaching any of this License's terms and conditions and such breach was not cured, immediately upon notification; or
4. breaching any of the terms of clause 2 to this license; or
5. otherwise entering into any arrangement which caused Licensor to be unable to enforce his rights under this License.
5. Payment: In consideration of the License granted under Clause 3 of This Agreement, Licensee shall pay Licensor a fee, via Credit-Card, PayPal, or any other means, which Licensor may deem adequate. Failure to tender payment shall be construed as a material breach of this Agreement.
6. Upgrades, Updates, and Fixes: Licensor may provide Licensee, from time to time, with Upgrades, Updates, or Fixes, as detailed herein, and, according to his sole discretion. Licensee hereby warrants to keep The Software up-to-date and install all relevant Updates and Fixes and may, at his or her sole discretion, purchase Upgrades according to the rates set by Licensor. Licensor shall provide any Update or Fix free of charge; however, nothing in This Agreement shall require Licensor to provide Updates or Fixes.
7. Support: The Software is provided under an AS-IS basis and without any support, updates, or maintenance. Nothing in this Agreement shall require Licensor to provide Licensee with support or fixes to any bug, failure, mis-performance, or other defect in The Software.
a. Bug Notification: Licensee may provide Licensor with details regarding any bug, defect, or failure in The Software promptly and with no delay from such event; Licensee shall comply with Licensor's request for information regarding bugs, defects, or failures and furnish him with information and screenshots, if available, and attempt to reproduce such bugs, defects, or failures for the purpose of providing additional information to Licensor.
b. Feature Request: Licensee may request additional features in The Software, provided, however, that (i) Licensee shall waive any claim or right in such feature should feature be developed by Licensor; (ii) Licensee shall be prohibited from developing the feature, or disclosing such feature request or feature to any 3rd party directly competing with Licensor or any 3rd party which, following the development of such feature, may be in direct competition with Licensor; (iii) Licensee shall warrant that the feature does not infringe any 3rd-party patent, trademark, trade-secret, or any other intellectual property right; and (iv) Licensee shall develop, envision, or create the feature solely by himself.
8. Liability: To the extent permitted under Law, The Software is provided under an AS-IS basis. Licensor shall never, and without any limit, be liable for any damage, cost, expense, or any other payment incurred by Licensee as a result of The Software’s actions, failure, bugs, or any other interaction between The Software and Licensee’s end-equipment, computers, other software, or any 3rd party end-equipment, computer, or services. Moreover, Licensor shall never be liable for any defect in source code written by Licensee when relying on The Software or using The Software’s source code.
9. Warranty:
1. Intellectual Property: Licensor hereby warrants that The Software does not violate or infringe any 3rd-party claims in regards to intellectual property, patents, or trademarks, and that, to the best of his knowledge, no legal action has been taken against him for any infringement or violation of any 3rd-party intellectual property rights.
2. No-Warranty: The Software is provided without any warranty. Licensor hereby disclaims any warranty that The Software shall be error free, without defects or code that may cause damage to Licensee’s computers or to Licensee and that Software shall be functional. Licensee shall be solely liable to any damage, defect, or loss incurred as a result of operating software and undertakes the risks contained in running The Software on Licensee's computer.
3. Prior Inspection: Licensee hereby states that he or she inspected The Software thoroughly and found it satisfactory and adequate to Licensee's needs, that The Software does not interfere with Licensee's regular operation and that The Software meets the standards and scope of Licensee's computer systems and architecture. Licensee found that The Software interacts with Licensee's development, website, and server environment and that The Software does not infringe any other End User License Agreement of any other software Licensee may use in performing Licensee's services. Licensee hereby waives any claims regarding The Software's incompatibility, performance, results, and features and warrants that Licensee inspected The Software.
10. No Refunds: Licensee warrants that he or she inspected The Software according to Clause 8 and that the Software is adequate to Licensee's needs. Accordingly, as The Software is an intangible good, Licensee shall not ever be entitled to any refund, rebate, compensation, or restitution for any reason whatsoever, even if The Software contains material flaws.
11. Indemnification: Licensee hereby holds Licensor harmless and indemnifies Licensor for any lawsuit brought against Licensee in regards to Licensee’s use of The Software in any manner that violates, breaches, or otherwise circumvents this License, Licensor's intellectual property rights, or Licensor's title in The Software. Licensor shall promptly notify Licensee in case of such legal action and request Licensee’s consent prior to any settlement in relation to such lawsuit or claim.
12. Governing Law, Jurisdiction: Licensee hereby agrees not to initiate any class-action lawsuit against Licensor in relation to this License and to compensate Licensor for any legal fees, costs, or attorney fees should any claim brought by Licensee against Licensor be denied, in part or in full.
13. International Trade Compliance: The Software and any related technical data made available for download under This Agreement is subject to the customs and export control laws and regulations of the United States ("U.S.") and may also be subject to the customs and export laws and regulations of the country in which the download is contemplated. Further, under U.S. law, The Software and any technical data made available for download under this Agreement may not be sold, leased or otherwise transferred to ristriced countries, or used by a restriced end-user or an end-user engaged in activities related to weapons of mass destruction including, without limitation, activities related to designing, developing, producing of using nuclear weapons, materials, or facilities, missiles or supporting missile projects, or chemical or biological weapons. You acknowledge that you are not a citizen, nationao, or redident of, and are not under control of the government of Cuba, Iran, North Korea, Sudan or Syria, and that you will not download or otherwise export or re-export The Software and any related technical data directly or inderectly to the above mentioned countries nor to citizens, nationals, or redidents of those countries.
14. General: This Agreement between Licensee and Licensor will be governed by and construed in accordance with the laws of the State of Texas without regard to conflict of laws principles. This Agreement constitutes the entire agreement between Licensor and Licensee and governs Licensee's use of The Software, superseding any prior agreement between Licensee and Licensor relating to the subject matter hereof.