This new End User License was issued with sionCorn on release, and is effective for sion products from 2nd August 2009.
End User License Agreement
Effective August 2nd, 2009YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT BEFORE PURCHASING, USING, OWNING, SELLING, OR TRANSFERING ANY OBJECTS CREATED BY SION ZAIUS. BY OWNING, TRANSFERING, OR OTHERWISE USING THESE PRODUCTS, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE CONTACT SION LABS TO ARRANGE THE RETURN OF THE PRODUCTS PURCHASED FROM SION ZAIUS OR CONTACT THE PERSON YOU PURCHASED HIS PRODUCTS FROM FOR A FULL REFUND IMMEDIATELY UPON READING THIS AGRREMENT AND BEFORE ANY PRODUCTS OR SERVICES ARE USED.
This agreements covers, but is not limited to, sionChickens and all accessories Version Sub 12 (V12) or higher, sionCorn and all accessories, any and all future creations, projects, products, services, accessories, etc … created by Sion Zaius and/or Sion Labs, it’s agents, employees, representatives or official associates and all objects owned, controlled, licensed, recognized as, etc … of Sion Zaius and/or Sion Labs (herein called Sion Products). These Sion Products are distributed solely for use of authorized end users according to the terms of the License Agreement. Any use, reproduction or redistribution of these prodcucts not expressly authorized by the terms of the License Agreement is expressly prohibited.
1. Ownership.
A. All title, ownership rights, products (in whole or in part), products contents, manuals, and intellectual property rights in and to the Sion Products and all copies thereof (including, but not limited to, any titles, computer code, artwork, designs, scripts, any related documentation, and sounds incorporated into the products) are owned or expressly licensed by Licensor. These Sion Products are protected by the copyright laws including, international copyright treaties and conventions, and other laws. All rights are reserved. Sion Products may contain certain licensed or unlicensed materials, and the licensors of those materials may enforce their rights in the event of any violation of this License Agreement.
B. Each license purchased for Sion Products allows the objects to be used in Second life only. You may not copy or use these Sion Products on another domains, sites, virtual worlds, etc … without obtaining, in advance, a new license for the new domain and/or express permission from Sion Zaius or his official representative. You may only transfer ownership of the products and all parts thereof, and all of your rights and obligations under the License Agreement, to another domain or owner, if that person also agrees to the terms and conditions of this License Agreement. You must include a copy of this license agreement when transferring ownership of any Sion Product and unsure agreement is obtained. In this case Sion Labs will issue a license for the new owner once it has been established that they agree to abide by this agreement.
2. Responsibilities of End User.
Subject to the Grant of License herein above, you may not, in whole or in part, copy, duplicate, reproduce, exploit, reverse engineer, derive source code, modify, disassemble, decompile, or create derivative works based on Sion Products, or remove any proprietary notices or labels on the Sion Products, including but not limited to template files, sculpties, sounds, animations and script files, which may not be modified for use on the domain specified in part 1 only. You may not sell, or in any way, transfer items or products that result from bugs, glitches, exploits, rollbacks or otherwise obtained products not intended or obtained in the intended manner and in doing so will constitute a breech of this agreement. Further you agree to update any and all products and accessories within 1 week (7 calendar days) of an update release and ensure you only use the current release. Failure to comply with the restrictions and limitations contained in this Section 2 shall result in immediate, automatic termination of the license granted hereunder and may subject you to civil and/or criminal liability. Notwithstanding the foregoing, you may make one (1) copy of this License and the Manuals for archival purposes only.
3. Termination.
This License Agreement is effective until terminated. You may terminate the License Agreement at any time by (i) removing all Sion Products from your inventory and in world resources, land, etc…; and (ii) notifying Licensor of your intention to terminate this License Agreement. Licensor may, at its discretion, terminate this License agreement in the event that you fail to comply with the terms and conditions contained herein or for any reason or no reason at all. In such event, you must immediately remove all Sion Products from your possession both in world or in inventory and/or you agree that Sion Zaius or his representative and/or agent will remove them without compensation of any kind for any object or product removed, destroyed, killed or in any way removed from your possession. Upon termination of this Agreement for any reason, all licenses granted herein shall immediately terminate.
4. Limitation of Liability.
NEITHER LICENSOR NOR ITS REPRESENTATIVE AND/OR AGENT, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE SION PRODUCTS, INCLUDING, BUT NOT LIMITED TO, LOSS OF EGGS, CHICKENS, CORNCOBS, PLANTS, ACCESSORIES, PARTS, PIECES, OR OBJECTS OF ANY KIND, LOSS OF GOODWILL, LOST INCOME, SIM PERFORMANCE INCLUDING LAG, PRODUCT GLITCHES OR MALFUNCTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, LICENSOR SHALL NOT BE LIABLE IN ANY WAY FOR THE LOSS OR DAMAGE TO PRODUCTS, DESIGNS, TEMPLATES, ARTWORK, SCRIPTS, PRICING AND OTHER INFORMATION STORED BY THE SION PRODUCTS. LICENSOR SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING, BUT NOT LIMITED TO, ROLLBACKS, RESTARTS, GRID CRASHES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF SION PRODUCTS OR ACCESSORIES LOST FROM IN WORLD, INVENTORY, OR OTHERWISE THE POSSESSION OF THE USER. IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
5. Equitable Remedies.
You hereby agree that Licensor would be irreparably damaged if the terms of this License Agreement were not specifically enforced, and therefore you agree that Licensor shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License Agreement, in addition to such other remedies as Licensor may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this License Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
6. Changes to the Agreement.
Sion Labs reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this License Agreement when Sion Labs upgrades the Sion Products, effective upon notice as follows: Sion Labs will post notification of any such changes to this License Agreement on the Sion Labs Update Group notices and will post the revised version of this License Agreement in this location, and may provide such other notice as Sion Labs may elect in its sole discretion, which may include by group notice, website or pop-up screen.
If any future changes to this License Agreement are unacceptable to you or cause you to no longer be in compliance with this License Agreement, you may terminate this License Agreement in accordance with Section 3 herein. Your acceptance and use of any updated or modified versions of Sion Products or your continued use of the Sion Products following notice of changes to this Agreement as described above will mean you accept any and all such changes. Sion Labs may change, modify, suspend, or discontinue any aspect of the Sion Products at any time and for any reason or no reason at all. Sion Labs may also impose limits on certain features or restrict your access to parts or all of the Sion Products by blacklisting you and any known alts and/or partners without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the Sion Products.
7. Miscellaneous.
This License Agreement shall be deemed to have been made and executed within the Second Life community without regard to conflicts of law provisions, and any dispute arising hereunder shall be resolved in accordance with, but not limited to, the law of Linden Lab. You agree that any claim asserted in any legal proceeding by one of the parties against the other shall be commenced and maintained within the Second Life community but is not limited to in world only, having subject matter jurisdiction with respect to the dispute between the parties. In the event that any provision of this License 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 License Agreement shall remain in full force and effect. This License 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.
I hereby acknowledge that I have read and understand the foregoing License Agreement and agree that the action of buying, possessing, selling, transferring, or in anyway having any direct or indirect involvement of Sion Products is an acknowledgment of my agreement to be bound by the terms and conditions of the License Agreement contained herein.
© 2009 Sion Labs All rights reserved. All rights are reserved.
