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END USER LICENSE AGREEMENTFOR VAM Plugins
IMPORTANT - PLEASE READ THE TERMS OF THIS END-USER LICENSE AGREEMENT (THE “EULA”) CAREFULLY.
BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE, YOU AGREE TO
BE BOUND BY THIS END USER LICENSE AGREEMENT (THE “AGREEMENT”).
IF YOU DO NOT AGREE, DO NOT DOWNLOAD THE SOFTWARE; YOU MUST
DELETE ANY COPY IN YOUR POSSESSION OR CONTROL. This Agreement is
between you (“you” or “your”) and VAM Plugins (“Licensor”) for the
Software that accompanies this Agreement (the “Software”).
BY ACCEPTING THE EULA AS DESCRIBED ABOVE, YOU
(1) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS EULA;
(2) REPRESENT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT; AND
(3) REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS EULA PERSONALLY.
ONLY INDIVIDUALS MAY ENTER INTO THIS EULA. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS EULA,
OR IF YOU DO NOT HAVE SUCH AUTHORITY, YOU MUST NOT ACCEPT THIS EULA OR ACCESS, INSTALL, OR USE THIS SOFTWARE.
1. License Grants. During the term of this Agreement and conditioned upon your full
compliance with all of the Agreement’s terms and conditions, Licensor grants to you a personal,
nonexclusive, nonsublicensable, nontransferable, revocable license to install and use the
Software solely in connection with your use with Virt-A-Mate.
2. License Limitations. The license(s) granted in Section 1 are conditioned upon your
compliance with the following limitations:
2.1 Reverse Engineering. You may not decompile, decipher, disassemble, reverse
engineer or otherwise attempt to access source code of the Application, or circumvent any
technical limitations in the Application that limit or restrict access to or use of the Application or
any content, file, or other work, except as expressly permitted by applicable law notwithstanding
this limitation.
2.2 Restrictions. You may not license, sell, distribute, publish, rent, lease, lend, sublicense, transfer, assign, reproduce,
disclose or otherwise provide the Application to any third party, host or otherwise commercially exploit the Software.
2.3 No Modification or Derivative Works. You may not modify, translate, adapt, merge, or create derivative
works of the Application, in whole or in part.
2.4 Proprietary Notices. You may not remove any proprietary notices or labels on the
Application or any copy thereof.
2.5 Non-Permitted Uses. Without limiting any of the foregoing, you may not make any
use of the Application in any manner not expressly permitted by this Agreement.
3. Reservation of Rights and Ownership. You acknowledge and agree that the Software is
provided under license, and not sold, to you. You do not acquire any ownership interest in the
Software under this Agreement, or any other rights thereto other than to use the Software in
accordance with the license granted, and subject to all terms, conditions and restrictions, under
this Agreement. Licensor and service providers reserve and shall retain their entire right, title and
interest in and to the Software, including all copyrights, trademarks and other intellectual
property rights therein or relating thereto, except as expressly granted to you in this Agreement.
You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary
rights notices incorporated in or accompanying the Software.
4. Updates. This Agreement applies to any updates, supplements, add-on components, and
internet-based service components (if any) of the Software that Licensor may, in its sole
discretion, provide or make available to you (“Update”). If Licensor provides additional terms
along with the Update, those terms will apply to the Update. If Licensor provides you an Update,
Licensor may, at its sole discretion, require you to use the Update version and cease use of
earlier versions. Licensor reserves the right to discontinue any product or service made available
to you through use of the Software.
5. Termination. This Agreement will automatically terminate upon your breach of any of this
Agreement’s terms and conditions. You may terminate this Agreement by removing the
Software from your device(s). In the event of termination, you must immediately remove the
Software from your device(s), and the following Sections of this Agreement will survive:
Sections 2, 3 and 5 to 12.
6. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE
THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE
OF THE SOFTWARE IS AT YOUR SOLE RISK, AND THE SOFTWARE IS PROVIDED
AS IS AND WITH ALL FAULTS.
LICENSOR AND ITS PARENT, AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM
ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER
EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO,
ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY
OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE
TO DESCRIPTION OR NON-INFRINGEMENT, LACK OF VIRUSES OR BUGS, ACCURACY OR
COMPLETENESS OF RESPONSES OR RESULTS WITH REGARD TO THE SOFTWARE.
LICENSOR AND ITS PARENT, AFFILIATES AND SUPPLIERS MAKE NO WARRANTY,
REPRESENTATION OR CONDITION THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS,
THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE
OR THAT ANY ERRORS WILL BE CORRECTED. THE SOFTWARE MAY BE SUBJECT TO DELAYS,
CANCELLATIONS AND OTHER DISRUPTIONS.
7. EXCLUSIONS OF CERTAIN DAMAGES; LIMITATIONS OF LIABILITY. IN NO
EVENT WILL LICENSOR OR ITS PARENT, AFFILIATES OR SUPPLIERS BE
LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR
CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
DAMAGES TO ANY COMPUTER, DEVICE, OR SYSTEM, LOSS OF DATA,
GOODWILL, USE OR OTHER LOSSES, ARISING OUT OF OR IN ANY WAY
RELATED TO THE SOFTWARE OR THIS AGREEMENT, REGARDLESS OF THE
CAUSE OF ACTION OR THE BASIS OF THE CLAIM AND EVEN IF LICENSOR HAS
BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES OR REMEDIES FAIL
OF THEIR ESSENTIAL PURPOSE.
LICENSOR’S AND ITS PARENT’S, AFFILIATES’ AND SUPPLIERS’ ENTIRE
LIABILITY UNDER THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY WILL
BE LIMITED TO THE ACTUAL DAMAGES YOU INCUR IN REASONABLE
RELIANCE ON THE SOFTWARE UP TO THE PRICE YOU PAID FOR THE
SOFTWARE. UNDER NO CIRCUMSTANCES WILL THE LICENSOR OR ITS PARENT,
AFFILIATES OR SUPPLIERS BE LIABLE TO YOU IN THE AGGREGATE FOR MORE
THAN THE EQUIVALENT OF TEN EUROS (€10.00).
NO ACTION, REGARDLESS OF FORM, RELATING TO THE
SOFTWARE MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER YOU
HAVE KNOWLEDGE OF THE OCCURRENCE WHICH GIVES RISE TO THE CAUSE
OF ACTION.
8. Indemnification. You agree to defend, indemnify and hold harmless Licensor and its parent,
affiliates and suppliers and their respective officers, directors and employees from all claims,
any losses, costs, liabilities and expenses (including attorneys’ fees and costs) that arise out
of or in connection with your use, or inability to use, of the Software, any breach of this Agreement,
or your violation of the rights of any third party, or your violation of any applicable laws, rules or regulations.
9. Compliance with Law; Export Restrictions. You will comply with all applicable
international and national laws, rules and regulations that apply to the Software and your use of
the Application, as well as end user, end use, and destination restrictions.
10. Choice of Law and Venue. This EULA and any action related thereto will be governed and interpreted by
and under the laws of the State of Hesse, Germany, without giving effect to any conflict of
laws principles that require the application of the law of a different country or state.
You hereby expressly consent to the personal jurisdiction and venue in the state and federal courts
for the county in which VAM Plugins’ principal place of business is located for any lawsuit filed against
you by VAM Plugins arising from or related to this EULA. The United Nations Convention on Contracts
for the International Sale of Good does not apply to this EULA.
11. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY
HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SOFTWARE
MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY
BARRED.
12. General. The section titles in this Agreement are used solely for the parties’ convenience
and have no legal or contractual significance. Any list of examples following "including" or
"e.g.," is illustrative and not exhaustive, unless qualified by terms like "only" or "solely."
Licensor’s failure to act with respect to a breach by you or others does not waive its right to act
with respect to subsequent or similar breaches. No waiver of any provision of this Agreement
will be effective unless it is in a signed writing, and no waiver will constitute a waiver of any
other provision(s) or of the same provision on another occasion. If a court of competent
jurisdiction holds any term, covenant or restriction of this Agreement to be illegal, invalid or
unenforceable, in whole or in part, the remaining terms, covenants and restrictions will remain in
full force and effect and will in no way be affected, impaired or invalidated. You may not assign,
transfer or sublicense this Agreement or your rights (if any) under this Agreement. This
Agreement will be binding upon all successors and assigns. This Agreement constitutes the
entire agreement between you and Licensor with respect to the Software and merges all prior and
contemporaneous communications and proposals, whether electronic, oral or written, between
you and Licensor with respect to the Software. All notices to Licensor in connection with this
Agreement must be in writing and will be deemed given as of the day they are deposited in the
mails, postage prepaid, certified or registered, return receipt requested or sent by overnight
courier, charges prepaid to the address set forth below.
LICENSOR INFORMATION
If you have any questions about this Agreement, or want to contact Licensor for any reason,
please direct all correspondence to:
VAM Plugins
Email: vamplugins@mailbox.org
Website: https://www.patreon.com/vamplugins
(c) Copyright 2022 VAM Plugins, all rights reserved.
# 0 == Prompt, 1 == Always Allow, 2 == Always Deny
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Activate Plugins | True
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