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TERMS AND CONDITIONS OF SALE AND SOFTWARE LICENSE AGREEMENT
By moving forward with the purchase of PhVusion Effects from PhVusion LLC you agree to the following terms and conditions. Once payment has been made and the program has been downloaded by the purchaser, the purchaser agrees that no refunds, exchanges, or returns, made be made for any reason. PhVusion LLC has no way of retrieving the downloaded program and regaining its product once downloaded therefore, no money will be returned once the transaction is complete. PhVusion LLC in no way gaurantees customer or technical support of PhVusion Effects and hereby releases itself of all liability regarding the sale of PhVusion Effects under any and all circumstances.
Software License Agreement
1. This is an agreement between Licensor and Licensee, who is being licensed to use the named Software. PhVusion LLC is the Licensor and the purchaser agreeing to this sale is the Licensee.
2. Licensee acknowledges that this is only a limited nonexclusive license. Licensor is and remains the owner of all titles, rights, and interests in the Software.
3. This License permits Licensee to install the Software on more than one computer system, as long as the Software will not be used on more than one computer system simultaneously. Licensee will not make copies of the Software or allow copies of the Software to be made by others, unless authorized by this License Agreement. Licensee may make copies of the Software for backup purposes only.
4. Notwithstanding the foregoing, LICENSOR IS NOT LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEE'S USE OF THIS SOFTWARE. Licensee's jurisdiction may not allow such a limitation of damages, so this limitation may not apply.
5. Licensee agrees to defend and indemnify Licensor and hold Licensor harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from Licensee's business operations.
6. Licensor has the right to terminate this License Agreement and Licensee's right to use this Software upon any material breach by Licensee.
7. Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License.
8. This License Agreement is the entire and exclusive agreement between Licensor and Licensee regarding this Software. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Licensor and Licensee regarding this Software.
9. This License Agreement is governed by the law of New Jersey applicable to New Jersey contracts.
10. This License Agreement is valid without Licensor's signature. It becomes effective upon the earlier of Licensee's signature or Licensee's use of the Software.
11. By continuing, the Licensee agrees to the above terms and conditions in full and without other interpretation.