Copyright (C) 2021, Yousaf Wajih Ahmed, All rights reserved.
*** End User License Agreement ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFWARE
1. LICENSE
By receiving, opening the file package, and/or using Super Ball ("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 Super Ball 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 Super Ball in accordance with this Agreement and any other written agreement with Yousaf Wajih Ahmed. Yousaf Wajih Ahmed does not transfer the title of Super Ball 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 Super Ball.
If you do not agree to be bound by this agreement, remove Super Ball from your computer now and, if applicable, promptly return to Yousaf Wajih Ahmed by mail any copies of Super Ball and related documentation and packaging in your possession.
2. DISTRIBUTION
Super Ball 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 Super Ball contact Yousaf Wajih Ahmed.
3. USER AGREEMENT
3.1 Use
Your license to use Super Ball is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Super Ball.
3.2 Use Restrictions
You shall use Super Ball in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display, or distribution of Super Ball 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 Super Ball may be used on one single computer location by one user. Use of Super Ball means that you have loaded, installed, or run Super Ball on a computer or similar device. If you install Super Ball onto a multi-user platform, server or network, each and every individual user of Super Ball must be licensed separately.
You may make one copy of Super Ball 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 Super Ball. The assignment, sublicense, networking, sale, or distribution of copies of Super Ball 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 Super Ball. If any person other than yourself uses Super Ball 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 Super Ball. Nor can you create any derivative works or other works that are based upon or derived from Super Ball in whole or in part.
Yousaf Wajih Ahmed's name, logo and graphics file that represents Super Ball shall not be used in any way to promote products developed with Super Ball. Yousaf Wajih Ahmed retains sole and exclusive ownership of all rights, title and interest in and to Super Ball and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of Super Ball, 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 , its 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, Super Ball or the use or inability to use Super Ball 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 Pakistan applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Pakistan 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 Super Ball and destroy all copies of Super Ball 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 Super Ball 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 Super Ball . Yousaf Wajih Ahmed may also use this information to provide notices to you which may be of use or interest to you