Balloon Shooter - License

Balloon Shooter

Copyright (c) 2021 Yousaf Wajih Ahmed, All rights reserved.

*** END USER LICENSE AGREEMENT ***

IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.

1. LICENSE

By receiving, opening the file package, and/or using Balloon Shooter("Software") containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.

Unless you have a different license agreement signed by Yousaf Wajih Ahmed your use of Balloon Shooter indicates your acceptance of this license agreement and warranty.

Subject to the terms of this Agreement, Yousaf Wajih Ahmed grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Balloon Shooter in accordance with this Agreement and any other written agreement with Yousaf Wajih Ahmed. Yousaf Wajih Ahmed does not transfer the title of Balloon Shooter to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Yousaf Wajih Ahmed and the purchasers or users of Balloon Shooter.

If you do not agree to be bound by this agreement, remove Balloon Shooter from your computer now and, if applicable, promptly return to Yousaf Wajih Ahmed by mail any copies of Balloon Shooter and related documentation and packaging in your possession.

2. DISTRIBUTION

Balloon Shooter and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sublicensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Balloon Shooter contact Yousaf Wajih Ahmed.

3. USER AGREEMENT

3.1 Use

Your license to use Balloon Shooter is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Balloon Shooter.

3.2 Use Restrictions

You shall use Balloon Shooter in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Balloon Shooter together with material that is pornographic, racist, vulgar, obscene, defamatory, libellous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.

Each licensed copy of Balloon Shooter may be used on one single computer location by one user. Use of Balloon Shooter means that you have loaded, installed, or run Balloon Shooter on a computer or similar device. If you install Balloon Shooter onto a multi-user platform, server or network, each and every individual user of Balloon Shooter must be licensed separately.

You may make one copy of Balloon Shooter for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of Balloon Shooter. The assignment, sublicense, networking, sale, or distribution of copies of Balloon Shooter are strictly forbidden without the prior written consent of Yousaf Wajih Ahmed. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Balloon Shooter. If any person other than yourself uses Balloon Shooter registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!

3.3 Copyright Restriction

This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Balloon Shooter. Nor can you create any derivative works or other works that are based upon or derived from Balloon Shooter in whole or in part.

Yousaf Wajih Ahmed's name, logo and graphics file that represents Balloon Shooter shall not be used in any way to promote products developed with Balloon Shooter. Yousaf Wajih Ahmed retains sole and exclusive ownership of all rights, title and interest in and to Balloon Shooter and all Intellectual Property rights relating thereto.

Copyright law and international copyright treaty provisions protect all parts of Balloon Shooter, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Yousaf Wajih Ahmed.

3.4 Limitation of Responsibility

You will indemnify, hold harmless, and defend Yousaf Wajih Ahmed, his employees, agents and distributors against any and all claims, proceedings, demands and costs resulting from or in any way connected with your use of Yousaf Wajih Ahmed's Software.

In no event (including, without limitation, in the event of negligence) will Yousaf Wajih Ahmed, his employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Balloon Shooter or the use or inability to use Balloon Shooter or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

Yousaf Wajih Ahmed's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Yousaf Wajih Ahmed ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Yousaf Wajih Ahmed.

3.5 Warranties

Except as expressly stated in writing, Yousaf Wajih Ahmed makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

3.6 Governing Law

This Agreement shall be governed by the law of the PK applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of PK therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

3.7 Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Balloon Shooter and destroy all copies of Balloon Shooter supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

4. DISCLAIMER OF WARRANTY

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Balloon Shooter AS WELL.

5. CONSENT OF USE OF DATA

You agree that Yousaf Wajih Ahmed may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Balloon Shooter. Yousaf Wajih Ahmed may also use this information to provide notices to you which may be of use or interest to you