This End-User License Agreement ("EULA") is a legal agreement for the use of versionista.com and any future programs that use the common system found within the aforementioned site, and the computer programs found therein, which includes extensive computer programming, associated media, printed materials, and "online" or electronic documentation and sales materials (collectively the "Software Product"), between you ("User") and Fox and Geese LLC ("FOX"). By accessing, creating an account, or otherwise using the Software Product, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not use or access the Software Product.

COPYRIGHT. Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All title and copyrights in and to the Software Product (including but not limited to any images, photographs, keyword lists, language syntax, source code, or other materials incorporated into the Software Product) are owned by FOX.

GRANT OF LICENSE. The Software Product is licensed, not sold. Subject to the condition that you are in compliance with the terms of this EULA, you may use the Software Product through Versionista.com only.

LIMITATIONS. Except to the extent such a restriction is unenforceable under local law, you may not reverse engineer, decompile, or disassemble the Software Product. The Software Product is licensed as a single product, and its component parts may not be separated for use on more than one computer. You may not modify, amend, or create derivative works of the Software Product.

USE OF SOFTWARE PRODUCT.YOU MAY NOT USE SOFTWARE PRODUCT TO STEAL OTHERS' COPYRIGHTS OR TRADEMARKS. As a publisher of Copyrighted software, we respect the hard work and time put into creating original work -- you may not use Software Product to illegally or unethically take advantage of others' labors. YOU MAY NOT USE SOFTWARE PRODUCT TO FACILITATE THEFT OF COPYRIGHTED WEB SITES OR TRADEMARKS (OFTEN CALLED "PAGE-JACKING"). YOU MAY NOT USE SOFTWARE PRODUCT TO SPIDER OR CRAWL GOOGLE ADWORDS OR OTHER PAY-PER-CLICK OR SIMILAR SERVICES FOR THE PURPOSE OF DEFRAUDING THEIR SYSTEM. You agree that any claim of copyright, trademark, or other intellectual property violation claim, arising out of your use of Software Product, or from your Versionista account generally, will be borne entirely by you; you indemnify FOX from any and all such claims.

REFUNDS. We offer no refunds for subscriptions purchased.

TERMINATION. Without prejudice to any other rights, FOX may terminate this EULA or your rights under this EULA at any time if you fail to comply with the terms and conditions of this EULA. Upon termination of your rights under this EULA for any reason, or upon termination of the EULA itself, you must destroy all copies of the Software Product and all of its component parts in your possession (including all component parts, the media and printed materials, any prior versions, and this EULA). The terms of this paragraph shall survive any termination of this EULA. If you request a refund of your purchase, you must destroy all copies of Software Product.

INDEMNIFICATION. User agrees to defend, indemnify and hold harmless FOX and its shareholders, directors, officers, employees, agents, affiliates, and any person or entity involved in creating, producting, or distributing Software Product from and against all claims and expenses, including attorneys' fees, arising out use of Software Product, misuse of Software Product, failure to use Software Product, technical glitches or bugs or security weaknesses in Software Product, or any other result arising out of Software Product.

PRIVACY. This Agreement also includes and requires your agreement to the Privacy Policy.

DISCLAIMERS. User expressly agrees that use of Software Product is at User's sole risk. You agree that Software Product is provided "as is" and without warranties of any kind either express or implied.

To the fullest extent permissible pursuant to applicable law, FOX disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Fox and Geese LLC does not warrant that this site or its Software Product will be uninterrupted, secure, error-free, bug-free, virus-free, or that defects will be corrected.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

USER SPECIFICALLY ACKNOWLEDGES THAT FOX AND GEESE LLC, ITS EMPLOYEES, DIRECTORS, SHAREHOLDERS, AFFILIATED PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING SOFTWARE PRODUCT ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

LIMITATION OF LIABILITY. YOU AGREE THAT IN NO EVENT WILL FOX AND GEESE LLC, ITS EMPLOYEES, DIRECTORS, SHAREHOLDERS, AFFILIATED PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING SOFTWARE PRODUCT BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS -- EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, OR CLAIM -- ARISING FROM USE, MISUSE, OR INSTALLATION OF SOFTWARE PRODUCT OR FROM INSTALLATION SERVICES OR ADVICE. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO SOFTWARE PRODUCT, INSTALLATION SERVICES AND ADVICE, AND ALL CONTENT ON THIS SITE.

USER AGREES THAT NO INFORMATION IN THIS SITE CONSTITUTES LEGAL ADVICE. USER AGREES THAT ALL INFORMATION, PROGRAMS, STRATEGIES, IDEAS, AND THOUGHTS IN THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY. USER DOES NOT HOLD FOX AND GEESE LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATED PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTI NG SOFTWARE PRODUCT RESPONSIBLE FOR ANY ACTIONS TAKEN BY USER.

NEITHER FOX AND GEESE LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATED PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING SOFTWARE PRODUCT WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, LEGALITY, ACCURACY, VALIDITY, OR COMPLETENESS OF THE INFORMATION CONTAINED IN THIS SITE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THIS SOFTWARE.

USER IS SOLELY RESPONSIBLE FOR ANYTHING HE OR SHE DOES WITH SOFTWARE PRODUCT, THAT HE OR SHE CONTRACTS US TO DO, OR IN RESPONSE TO THE CONTENT IN THIS SITE. USER HOLDS FOX AND GEESE LLC, ITS EMPLOYEES, DIRECTORS, SHAREHOLDERS, AFFILIATED PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING SOFTWARE PRODUCT HARMLESS FOR ANY OF HIS ACTIONS.

ADDITIONAL LEGAL NOTICES. Any failure by Fox and Geese LLC to enforce any of the rights specified in the Terms or applicable laws shall not constitute a waiver of such right. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, you, Fox and Geese LLC, and the court shall endeavor to give effect to the intent reflected in that provision, and the remaining provisions shall retain their full force and effect. It is your responsibility to determine if use of Software Product is in violation of any local, state, regional, or national laws. Under no circumstances shall FOX ever be liable for an amount greater than the price you paid for the Software Product.

This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Oregon. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail, to your address on our records, or the posting on our site is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement.

Any rights not expressly granted herein are reserved.