End-User License Agreement ("Agreement")

Last updated: 2nd January 2020

PLEASE READ THIS END-USER LICENSE AGREEMENT (hereinafter referred to as the “Agreement”) CAREFULLY BEFORE PURCHASING, DOWNLOADING OR USING F3ATHER IO SUPREME

By purchasing, downloading or using F3ATHER (hereinafter referred to as the “Application”), you are agreeing to be bound by the terms and conditions of this Agreement.

This Agreement is a legal contract between the natural or legal person to which the Application has been provided (hereinafter referred to as the “User”), and MB NONERA.

The terms of this Agreement shall apply to any software product that accompanies this Agreement or to which this Agreement relates, including any documentation, information, specifications, instructions or material (hereinafter referred to as the “Documentation ”) related to the Application. The Application also includes any software updates, add-on components, modifications, web services and/or supplements that MB NONERA may provide to the User or make available to the User after the date the User obtains the User’s initial copy of the Application and after the User’s acceptance of this Agreement, to the extent that such items are not accompanied by a separate license agreement or terms of use, in which case such separate license agreement shall prevail.

As used in this Agreement, “MB NONERA” or the “Licensor” shall mean the software company that develops and supplies the Application.

1.- LICENSE

Licensor grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement and the Documentation.

This Agreement describes the User’s general rights to download, install and activate the Application.

Depending upon the Application’s reference and its related description that is available from the Licensor’s website, the license right set forth under this Agreement is granted to the User as a perpetual license or for a limited period of time 7 days for a weekly license, entire Fall/Winter 2019 season for Fall/Winter 2019 license holders, and entire Summer/Spring 2020 season for Summer/Spring 2020 license holders.

2.- RESTRICTIONS

The User may only download, install and use the Application on a computer, and only for the specific purposes stated in this Agreement or in the Documentation.

Furthermore, unless express and unequivocally manifested by Licensor, the User must not:

1. copy the Application except for backup purposes only in support of the User’s permitted use of the Application, and nothing else. Any such copy must include all copyright notices and any other proprietary legends present on the original Application. the User may not sell, lease, license, rent or in other ways transfer any copy of the Application.
2. modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise seek to reconstitute the source code of the Application, nor create derivative works from the Application.
3. sub-license, lease, outsource or rent the Application, or permit a third party to use Application for its or anyone else’s benefit.
4. other than expressly permitted under this Agreement, distribute in whole or part, modify, or create derivatives of the Application; and
5. directly or indirectly, export, re-export, download, or ship the Application in violation of the laws and regulation of Republic of Lithuania or the applicable jurisdiction in which the User uses or downloads the Application.

Should the User not fully comply with the above provisions, the User shall bear any and all consequences, including any damages whatsoever, resulting there from.

The User agrees to only use the Application in a manner that complies with all applicable laws in the jurisdictions in which the User uses or is downloading the Application, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. The User may not use the Application in an attempt to, or in conjunction with any device, program or service designed to, circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.

 

4.- INSTALLATION, MAINTENANCE AND SUPPORT SERVICES

The User shall be responsible for the proper installation of the Application and the User shall bear all the expenses and costs in connection therewith. Licensor provides no maintenance or support services other than through their private discord channel.

 

 

 

5.- UPDATE POLICY

5.1   If the Licensor creates updated versions of the Application, it will not be obliged to supply those updates to the User, unless the User has a valid maintenance agreement with the Licensor.

5.2   If the User is entitled to receive updated versions of the Application, the license terms of that updated version are the terms of this Agreement as such terms may have evolved at the time of supply of any updated version.

 

6.- AUTHENTICATION

6.1   The User acknowledges that, if the Application is protected by a technological measure such as a login page, the Application cannot be used except if the login has successfully taken place with the valid and legitimate credentials supplied by the Licensor, or else if the User is given the opportunity to customize its own credentials by the means provided by the Licensor, with those new and legitimate credentials.

6.2   The User must never disclose and/or transfer to any third party the credentials that allow the use of the Application, nor allow any third party to possess and/or use of them.

6.3   In the event of lost credentials, the Licensor will replace the credentials, preventing further use of the ones that the User allegedly lost.

 

7.- TITLE

The Application, as well as all rights, title, interest, technology and know-how, whether patented or not, embodied in the Application, as well as all industrial and/or intellectual property rights attached to the Application, including but not limited to copyright, shall remain the sole property of MB NONERA, to the exclusion of any third-party software embedded in the Application or otherwise provided to the User with the Application

Nothing in this Agreement shall be deemed to convey to the user any of Licensor’s proprietary rights in the Application; all rights not specifically granted in this Agreement are reserved by MB NONERA. The Licensor does not sell the Application to the User but only grants the User the license rights defined in this Agreement.

Should the User become aware of any infringement to the proprietary rights of MB NONERA on the Application, the User shall immediately inform MB NONERA of such infringement and provide all relevant information required by MB NONERA to defend its interests.

 

8.- LIABILITIES

the User expressly acknowledge and accept that use of the Application is at the User’s sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with the User as licensee. To the maximum extent permitted by applicable law, the Application is provided “as is”, with all faults and without warranty of any kind.

In no event shall MB NONERA be liable for any indirect, intangible, incidental, punitive or consequential damages, loss, expense or cause of action, whether based on contract, warranty, tort (including negligence), strict liability, statute or otherwise, including, without limitation, damages for loss of business, loss of profits, business interruption, loss of data or for any other pecuniary or non pecuniary loss or damage, arising out of or in connection with the use, inability to use or misuse of the Application, even if MB NONERA has been advised of the possibility of such damages.

Notwithstanding any other term of this Agreement, MB NONERA’s liability arising out of this Agreement is reduced proportionally to the extent to which the act or omission of the User or any other person (other than MB NONERA, its authorized resellers or their respective employees, agents or subcontractors) contributed to the loss or damage incurred.

The above limitations or exclusions of liability shall apply only to the extent permitted by law applicable in any country (on either federal or state level, when applicable) where the User will install, copy, run or otherwise use the Application.

 

9.- APPLICABLE LAW & DISPUTES

This Agreement shall be exclusively governed by the laws of the country where the Licensor has its registered office or principal place of business, to the exclusion of said country’s conflict of law rules. Any dispute between the User and MB NONERA arising out of or in connection with this Agreement and/or the Application, whether based on contract, warranty, tort (including negligence), strict liability, statute or otherwise, which cannot be amicably settled, shall in all cases be finally settled according to the law governing this Agreement as defined above, by the courts having jurisdiction in the city where Licensor has its registered office or principal place of business, to the exclusion of any other jurisdiction whatsoever, including in case of plurality of defendants, injunction-like or emergency proceedings and appeal in warranty. The User acknowledges and accepts that MB NONERA will be irreparably damaged (and damages at law may be an inadequate remedy) if the User breaches any provision of this Agreement and such provision is not specifically enforced. Therefore, in the event of a breach or threatened breach by the User of this Agreement, MB NONERA shall be entitled, in addition to all other rights or remedies, to (a) an injunction restraining such breach, without being required to show any actual damage or to post an injunction or other bond; or (b) a decree for specific performance of the applicable provision of this Agreement; or (c) both to the extent permitted by applicable law in the country where Licensor has its registered office or principal place of business and/or, as relevant in the context, where the User will install, copy, run or otherwise use the Application, on either federal or state level when applicable.

 

10.- USER DATA

The User agrees that the data generated by the User during the purchase, download, installation and normal use of the Application (hereinafter, the “Data”) may be gathered and stored in a secure database, and that this data will not be sold or conveyed to third parties without the User express consent, but it can be used by MB NONERA in order to further develop the Application, improve the performance of the Application or any other internal use that will not imply disclosing or facilitate access to the Data to third parties.

 

MB NONERA is not affiliated with 1993 INC in any way.