COPYRIGHT. Versionista 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 Versionista (including but not limited to any images, photographs, source code, or other materials incorporated into Versionista) are owned by FOX.
GRANT OF LICENSE. Versionista is licensed, not sold. Subject to the condition that you are in compliance with the terms of this EULA, you may use Versionista 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 Versionista. You may not modify, amend, or create derivative works of Versionista.
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 Versionista 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 Versionista.
DISCLAIMERS. User expressly agrees that use of Versionista is at User's sole risk. You agree that Versionista 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 Versionista 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.
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 THEIR 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 Versionista 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 Versionista.
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.