Visual RPG Studio 1.9.99

EULA - End User License Agreement

LASTEND
END USER LICENSE AGREEMENT
FOR VISUAL RPG STUDIO
(DISTRIBUTED ON ANY MEDIA)
This End User License Agreement (License) is an agreement between you and LastEnd. This License governs your use of legitimate copies of this software, and all related documentation, utilities, and updates and upgrades that replace or supplement the software and are not distributed with a separate license (collectively, the "Software"). This Software is licensed to you under a free 30 day trial or the full version given you the right to Publish your work made on Visual RPG Studio. Full version license cannot be sold, or given away.

By installing or using the Software, you agree to accept the terms and conditions of this License and be bound to them. If you do not agree to the terms of this License, then do not install or use the Software. Sections 4 and 5 below describe data LastEnd may use to provide services and support to you in connection with the Software. If you do not agree to this use of data, do not install or use the Software. IF YOU INSTALL the Software, you fully accept the terms and conditions of this License.

Right to Return: If you do not agree to the terms of this License, and if you purchased this editor from a physical retail store in the United States, and if you have not installed or used the Software, you may return the Software for a refund or exchange within thirty (30) days from the date of purchase; however most stores wont agree to return unless it hasn't been opened.

1. Limited License Grant and Terms

A. Grant. Through an authorized purchase or transfer, you acquire and LastEnd grants you a non-exclusive license to install and use the Software for your personal, or commercial uses solely as set forth in this License in section (3 3A) and any of the accompanying documentation. Your acquired rights are subject to your agreement and continuing compliance with this License. You are expressly prohibited from sub-licensing, renting, leasing or otherwise distributing the Software or rights to use the Software, except by transfer as expressly set forth in section 3 below. Your License term begins on the date on which you install or otherwise use the Software, and ends on the date that you dispose of the Software or LastEnd terminates this License, whichever is earlier. Your license will terminate immediately if you attempt to circumvent the technical protection measures for the Software. All use of the Software is subject to this License.

2. Intellectual Property Rights and Ownership.

A. Reservation of Rights. You have purchased or downloaded a limited license to the Software and your rights are limited to the license grant above and subject to this License. This License is limited to the intellectual property rights of lastEnd and its licensors in the Software and does not include any rights to other patents or intellectual property. Except to the extent permitted under applicable law, you may not decompile, disassemble, reverse engineer or created derivative works of the Software by any means whatsoever. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Software. All rights not expressly granted herein are reserved to LastEnd.

3. Publishing. Publishing software made with Visual RPG Studio is allowed on non-trial versions. If any resouces are used you are in agreement to credit the creator of that resouce. Copys of the trial software can be distributing on remote servers if the page contains a link to LastEnd.com and the install package hasn't been modified. Publishing gives you the right to uses Visual RPG Studio; however all right of the engine and editor fall under the own of LastEnd.com.

A. Trial versions. User are allow to test the editor for 30 days before they buy it. During the 30 day trial user are not allow to publish their work publicly; however screenshots of your work are allowed. Any resources publish publicly under a trial version of Visual RPG Studio become the solo propertie of LastEnd.com.

4. Consent to Collection and Use of Data. To facilitate the provision of software updates; dynamically served content including advertising; product support; and online services to you, you agree that LastEnd and its affiliates may collect, use, store and transmit technical and related information that identifies your computer (such as Internet Protocol Address and hardware identification), operating system, and application software and peripheral hardware, and non-personally identifiable game play and software usage statistics, without further notice to you. LastEnd and its affiliates may also use this information in the aggregate, in a form which does not personally identify you, to improve our products and services and we may share anonymous aggregate data with our third party service providers.

5. Consent to Public Display of Data. If you participate in online services, such as downloading and uploading content, LastEnd and its affiliates may also collect, use, store, transmit and publicly display data regarding your content contributions.

6. Termination. This License is effective until terminated. Your rights under this License will terminate immediately and automatically without any notice from LastEnd if you fail to comply with any of the terms and conditions of this License. Promptly upon termination, you must cease all use of the Software and destroy all copies of the Software in your possession or control. Termination will not limit any of LastEnd's other rights or remedies at law or in equity. Sections 2 and 4 - 15 of this License shall survive termination or expiration of this License for any reason.

7. Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA FOUND IN THE PRODUCT MANUAL, AS APPLICABLE, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU AS IS, WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. LASTEND AND LASTEND'S LICENSORS (COLLECTIVELY LASTEND FOR PURPOSES OF THIS SECTION AND SECTION 9) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. LASTEND DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARE WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY LASTEND OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

8. Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL LASTEND, ITS SUBSIDIARIES OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS LICENSE OR THE SOFTWARE, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF DATA (INCLUDING PLAYER CHARACTERS, VIRTUAL GOODS OR CURRENCY, ACCOUNTS, STATISTICS, OR OTHER USER DATA), LOSS OF GOODWILL, INTERUPTION OF SERVICE, WORK STOPPAGE, COMPUTER DISRUPTION, INTERFERENCE, FAILURE OR MALFUNCTION, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER SUCH ALLEGED LOSS OR DAMAGE ARISES IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT LASTEND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. In no event shall LASTEND's total liability to you for all damages (except as required by applicable law) exceed the amount actually paid by you for the Software.

9. Limitation of Liability and Disclaimer of Warranties are Material Terms of this License. You agree that the provisions in this License that limit liability are essential terms of this License. The foregoing limitations of liability apply even if the above stated remedy under the Limited Warranty for Recording Media fails in its essential purpose.

10. Severability and Survival. If any provision of this License is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of this License shall continue in full force and effect.

11. U.S. Government Restricted Rights. If you are a government end user, then this provision applies to you. The Software provided in connection with this License has been developed entirely at private expense, as defined in FAR section 2.101, DFARS section 252.227-7014(a)(1) and DFARS section 252.227-7015 (or any equivalent or subsequent agency regulation thereof), and is provided as commercial items, commercial computer software and/or commercial computer software documentation. Consistent with DFARS section 227.7202 and FAR section 12.212, and to the extent required under U.S. federal law, the minimum restricted rights as set forth in FAR section 52.227-19 (or any equivalent or subsequent agency regulation thereof), any use, modification, reproduction, release, performance, display, disclosure or distribution thereof by or for the U.S. Government shall be governed solely by this License and shall be prohibited except to the extent expressly permitted by this License.

12. Injunctive Relief. You agree that a breach of this License may cause irreparable injury to LastEnd for which monetary damages would not be an adequate remedy and LastEnd shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law.

13. Governing Law. This License shall be governed by and construed (without regard to conflicts or choice of law principles) under the laws of the State of California as applied to agreements entered into and to be performed entirely in California between California residents. Unless expressly waived by LastEnd in writing for the particular instance or contrary to local law, the sole and exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the California state and federal courts having within their jurisdiction the location of LastEnd's principal corporate place of business. Both parties consent to the jurisdiction of such courts and agree that process may be served in the manner provided herein for giving of notices or otherwise as allowed by California or federal law. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this License or to any dispute or transaction arising out of this License.

14. Entire Agreement. This License constitutes the entire agreement between you and LastEnd with respect to the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless made in writing and signed by LastEnd. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. In the event of a conflict between this License and any applicable purchase or other terms, the terms of this License shall govern.

LastEnd. 2012