Hexvex for MacOS X 1.21

This End User License Agreement ('EULA') is a legal agreement between you and Bitbliss Studios. By installing the Software (as defined below), copying the Software and/or clicking on the 'Accept' checkbox below, you (either on behalf of yourself as an individual or on behalf of an entity as its authorized representative) agree to all of the terms of this EULA regarding your use of the Software. If you do not agree with all of the terms of this EULA, click on the 'Cancel' button below to abort the installation.

This End User License Agreement ('EULA') is a legal agreement between you and Bitbliss Studios. By installing the Software (as defined below), copying the Software and/or clicking on the 'Accept' checkbox below, you (either on behalf of yourself as an individual or on behalf of an entity as its authorized representative) agree to all of the terms of this EULA regarding your use of the Software. If you do not agree with all of the terms of this EULA, click on the 'Cancel' button below to abort the installation.

1. THE SOFTWARE

The product licensed under this agreement is the computer program Hexvex ('Software'), including executable files as well as associated data files and documentation.

2. GRANT OF LICENSE

Subject to the terms below, Bitbliss Studios hereby grants you a non-exclusive, non-transferable and non-sublicenseable license to install and to use the Software. Under this license, you may:

a) Install and use the Software on a single computer for your personal non-commercial entertainment use.

b) Copy the Software for back-up or archival purposes.

Whether you are licensing the Software as an individual or on behalf of an entity, you may not:

a) Use it for any commercial purpose, including but not limited to: distribution (electronically or otherwise), resale, rental, lease, transfer, pay-per-play or any other type of charges.

b) Reverse engineer, decompile, or disassemble the Software or attempt to discover the source code.

c) Modify, or create derivative works based upon, the Software in whole or in part.

d) Remove any proprietary notices or labels on the Software.

3. CONTENT CREATION

The Software includes an integrated level editor ('Editor'), which you are entitled to use to create your own levels ('Custom Content') for the Software for personal non-commercial entertainment use. All Custom Content created for the Software is the property of Bitbliss Studios and all rights, including but not limited to ownership and intellectual property rights, are automatically, without notice, transferred to Bitbliss Studios. You may exchange and distribute Custom Content with others, but you may not sell Custom Content or charge for it in any way.

4. COPYRIGHT

The software is owned and copyrighted by Bitbliss Studios. You acknowledge that no title to the intellectual property in the Software is transferred to you. Title, ownership, rights, and intellectual property rights in and to the Software shall remain that of Bitbliss Studios. The Software is protected by copyright and patent laws of the United States and international treaties.

5. DISCLAIMER OF WARRANTY

YOU AGREE THAT BITBLISS STUDIOS HAS MADE NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, TO YOU REGARDING THE SOFTWARE AND THAT THE SOFTWARE IS BEING PROVIDED TO YOU 'AS IS' WITHOUT WARRANTY OF ANY KIND. BITBLISS STUDIOS DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY. BITBLISS STUDIOS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS PRODUCT.

6. LIMITATION OF LIABILITY

YOU MAY USE THE SOFTWARE SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL BITBLISS STUDIOS BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS, OR OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE SOFTWARE, EVEN IF BITBLISS STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BITBLISS STUDIOS BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEEDING THE COST OF THE SOFTWARE. THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY TO THE EXTENT PERMITTED BY LAW.

7. TERMINATION

This Agreement shall terminate automatically if you fail to comply with the limitations described in this Agreement. No notice shall be required to effectuate such termination. Upon termination, you must remove and destroy all copies of the Software.

8. ENTIRE AGREEMENT

You agree that this is the entire agreement between you and Bitbliss Studios, which supersedes any prior agreement, whether written or oral, and all other communications between Bitbliss Studios and you relating to the subject matter of this Agreement.

9. RESERVATION OF RIGHTS

All rights not expressly granted in this Agreement are reserved by Bitbliss Studios.