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MacFun
End User License Agreement
Software, Games, and Services

REDISTRIBUTION NOT PERMITTED

License for software, games and services distributed by MacFun.

MacFun Software License Agreement

This is a legal agreement between you and Freeverse Software, Inc. (d.b.a. MacFun) covering your use of your downloaded application (the "Software"). Be sure to read the following agreement before using the Software. BY USING THE SOFTWARE (REGARDLESS IF YOU HAVE REGISTERED THE SOFTWARE OR NOT), YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE AND DESTROY ALL COPIES IN YOUR POSSESSION.

The Software is owned by Freeverse Software and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material (e.g., a book or musical recording). Paying the license fee allows you the right to use one copy of the Software on a single computer. You may not network the Software or otherwise use it or make it available for use on more than one computer at the same time. You may not rent or lease the Software, nor may you modify, adapt, translate, reverse engineer, decompile, or disassemble the Software. If you violate any part of this agreement, your right to use this Software terminates automatically and you must then destroy all copies of the Software in your possession.

The Software may include a Digital rights Management System (the "DRM") from Freeverse Software or third party DRMs as plug-in components which are subject to their own license agreements. DRMs are designed to manage and enforce intellectual property rights in digital content purchased over the Internet. You may not take any action to circumvent or defeat the security or content usage rules provided or enforced by either the DRM or the Software. DRMs may be able to revoke your ability to use applicable content. MACFUN is not responsible for the operation of a third party DRM in any way, including revocation of your content. MACFUN is not responsible for any communications to or from any third party DRM provider, or for the collection or use of information by third party DRMs. You consent to the communications enabled and/or performed by the DRM, including automatic updating of the DRM without further notice. You agree to indemnify and hold harmless MACFUN for any claim relating to your use of a third party DRM.

You acknowledge and agree that in order to protect the integrity of certain third party content, MACFUN or its suppliers and licensors may provide for the Software security-related updates that will be automatically downloaded and installed on your computer. Such security-related updates may impair the Software (and any other software on your computer which specifically depends on the Software) including disabling your ability to copy and/or play "secure" content, i.e. content protected by digital rights management. In such an event, MACFUN and/or its suppliers and licensors shall use reasonable efforts to promptly post notices on the MACFUN web site explaining the security update and providing instructions to end users for obtaining new versions or further updates of the Software that restore access to secure content and related features.

The Software and its related documentation are provided "AS IS" and without warranty of any kind and Freeverse Software expressly disclaims all other warranties, expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall Mac be liable for any incidental, special, or consequential damages that result from the use or inablility to use the Software or related documentation, even if Freeverse Software has been advised of the possibility of such damages. In no event shall Freeverse Software's liability exceed the license fee paid, if any.

This Agreement shall be governed by the laws of the State of New York. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.

The Software and documentation is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subdivision (b)(3)(ii) of the Rights in Technical Data and Computer Software clause as 252.227-7013. Manufacturer/Distributor is Freeverse Software, Inc., 447 W. 24th Street, New York, NY 10011, United States of America. Phone (212) 929-3549.

Freeverse Software reserves the right to make modifications or improvements to Software at any time and without notice