By installing, copying, or otherwise using the Riding Star the Ultimate Horse Adventure software program, you agree to be bound by the terms of this agreement. Accordingly, you should carefully read the following end user licence agreement before installing this software program. If you do not agree to the terms of this agreement, please promptly return the unused software program to the place from which you obtained it for a full refund.
This software program (the "Program"), any printed materials, any on-line or electronic documentation, and any and all copies and derivative works of such software program and materials are the copyrighted work of IR Gurus Pty Ltd ACN 074 304 582 ("IR Gurus") and/or Blue Tongue Software Pty Ltd ACN 071 443 920 ("Blue Tongue"). All use of the Program is governed by the terms of the End User Licence Agreement which is provided below ("Licence Agreement"). The Program is solely for use by end users according to the terms of the Licence Agreement. Any use, reproduction or redistribution of the Program not in accordance with the terms of the Licence Agreement is expressly prohibited.
END USER LICENCE AGREEMENT
1. Limited User Licence. IR Gurus and/or Blue Tongue hereby grants, and by installing the Program you thereby accept, a limited, non-exclusive licence and right to install and use one (1) copy of the Program for your use on a single computer at any one time. You may not electronically transfer the Program from one computer to another computer. You may physically transfer the Program from one computer to another, provided that the Program is used only at one computer at a time. You may make one copy of the program solely for backup purposes. The copyright and other notices on the diskette(s) must be reproduced and placed on the backup copy.
2. Ownership. All title, ownership rights and intellectual property rights in and to the Program and any and all copies thereof (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, and "applets" incorporated into the Program are owned by IR Gurus and/or Blue Tongue or their licensors. The Program is protected by the copyright laws of the Australia, international copyright treaties and conventions and other laws. All rights are reserved. The Program contains certain licensed materials and IR Gurus' and/or Blue Tongue's licensors may protect their rights in the event of any violation of this Agreement.
3. Responsibilities of End User.
A. Subject to the Grant of Licence hereinabove, you may not, in whole or in part, copy, photocopy, reproduce, modify, translate, reverse engineer, derive source code, modify, disassemble, decompile, create derivative works based on the Program, or remove any proprietary notices or labels on the Program without the prior consent, in writing, of IR Gurus.
B. The Program is licensed to you as a single product. Its component parts may not be separated for use on more than one computer.
C. You are entitled to use the Program for your use, but you are not entitled to:
(i) sell, grant a security interest in or transfer reproductions of the Program to other parties in any way, nor to rent, lease or licence the Program to others without the prior written consent of IR Gurus.
(ii) exploit the Program or any of its parts for any commercial purpose including, but not limited to, use at a cyber cafe, computer gaming centre, or provide use of the Program in a computer service business, network, time-sharing, or multiple-use agreement or any other location-based site. IR Gurus may offer a separate Site Licence Agreement to permit you to make the Program available for commercial use; contact IR Gurus for details;
(iii) host or provide matchmaking services for the Program or emulate or redirect the communication protocols used by in the network feature of the Program, through protocol emulation, tunneling, modifying or adding components to the Program, use of a utility program or any other techniques now known or hereafter developed, for any purpose including, but not limited to, network play over the Internet, network play utilizing commercial or non-commercial gaming networks or as part of content aggregation networks without the prior written consent of IR Gurus.
4. Program Transfer You may sell or give the Program to another party, and thereby permanently transfer all of your rights under this Licence Agreement, provided that the other party agrees to be bound by the terms of this Licence Agreement and you agree to remove the Program and any new Materials from your computer.
5. Termination. This Licence Agreement is effective until terminated. You may terminate the Licence Agreement at any time by destroying the Program and any New Materials. This Licence Agreement will also terminate if you fail to comply with any term or condition of this Licence Agreement. Upon termination, you agree to destroy all copies of the Program and documentation and any New Materials.
6. Limited Warranty. IR Gurus and Blue Tongue expressly disclaim any warranty for the Program and Manual(s). The Program and Manual(s) are provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the Program and Manual(s) remains with the User, however IR Gurus and Blue Tongue warrant up to and including 90 days from the date of your purchase of the Program that the media containing the Program shall be free from defects in material and workmanship. In the event that the media proves to be defective during that time period, and upon presentation to IR Gurus of proof of purchase of the defective Program, IR Gurus will at its option 1) correct any defect, 2) provide you with a product of equal or lesser value, or 3) refund your money. Some states do not allow the exclusion or limitation or implied warranties or liabilities for incidental damages, so the above limitations may not apply to you.
7. Limitation of Liability. Neither IR Gurus, Blue Tongue, their principals, agents, employees, directors, officers, shareholders, parents, subsidiaries or affiliates (in this clause "IR Gurus and Blue Tongue") shall be liable in any way for loss or damage of any kind resulting from the use of the program including, but not limited to, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. In no event will IR Gurus and Blue Tongue be liable to you for any consequential, incidental or indirect damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use or inability to use the Program even if IR Gurus and Blue Tongue have been advised of the possibility of such damages.
8. Equitable Remedies. You hereby agree that IR Gurus and Blue Tongue would be irreparably damaged if the terms of this Licence Agreement were not specifically enforced, and therefore you agree that IR Gurus and Blue Tongue shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Licence Agreement, in addition to such other remedies as IR Gurus may otherwise have available to it under applicable laws.
9. Miscellaneous. This Licence Agreement shall be deemed to have been made and executed in the State of Victoria, Australia and any dispute arising hereunder shall be resolved in accordance with the law in Victoria. You agree that any claim asserted in any legal proceeding by one of the parities against the other shall be commenced and maintained in any state or federal court located in the State of Victoria, having subject matter jurisdiction with respect to the dispute between the parties. This Licence Agreement may be amended, altered or modified only by an instrument in writing, specifying such amendment, alteration or modification, executed by both parties. In the event that any provision of this Licence Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this Licence Agreement shall remain in full force and effect. This Licence Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.
This Licence Agreement is the complete and exclusive statement of the agreement between IR Gurus and Blue Tongue, and you, and the Licence Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications between IR Gurus and Blue Tongue, on the one hand, and you.
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DISCLAIMER
This Cd and all material provided with it is intended only for use as an electronic game. It does not purport to render veterinary advice nor any advice as to appropriate treatment or techniques for use on or with real horses including, without limitation, techniques for riding a horse in any situation, nor the correct approach to laying out or constructing a course and/or jumps, hurdles or obstacles for horses and/or horse riders. No person should act on the basis of any matter contained in or with this game without first obtaining specific professional advice.
