VeggieBreak Kids 1.0

UpperGroove Software - License Agreement

Copyright © 2003,2006 Glenn Jarvis

All Rights Reserved

UPDATED MAY 21,2006

Usage of this software requires compliance with this license. If you do

not agree to the following terms, please do not use, install, or

distribute this software.

1.0 Definitions.

1.1 For the purpose of this Agreement, "Software" shall mean the

UpperGroove Software - License Agreement

Copyright © 2003,2006 Glenn Jarvis

All Rights Reserved

UPDATED MAY 21,2006

Usage of this software requires compliance with this license. If you do

not agree to the following terms, please do not use, install, or

distribute this software.

1.0 Definitions.

1.1 For the purpose of this Agreement, "Software" shall mean the

software you are about/have installed, including but not limited to

any updates, modifications, revisions, copies, and associated

documentation provided by the author and its licensors.

2.0 Grant of License.

2.1 Evaluation Terms and Conditions. You may use this Software soley

for evaluation purposes without charge as described in the loading

display.You are free to distribute exact copies of the Software to

anyone. You are prohibited from selling, or requesting donations,

for any copies of the Software you distribute. You must include a

copy of this license with any copy of the Software. You may not

remove or alter any identification, proprietary notice, label, or

trademarks which appear on or in the Software.If you are a website that

offers evaluation software on cd for a modest charge, you have limited

permission to do so as long as the end user fully understands that the

fee you charge is NOT a registration and/or full version of said

software. If you list the evaluation edition on your website, you are

not permitted to alter the PAD file. Doing so without written consent

from Uppergroove Software will result in full legal action. Written

consent is given on our letterhead and no other form whether

technologically or otherwise is acceptable.

2.2 Full Version Terms and Conditions. Continued use of the Software

after the terms shown in the loading display requires purchase of a

full version. If you have not purchased the full version, you may do

so by visiting the author's website on the Internet. After

you have purchased the required key or full version, you may personally

use the Software on only one computer , or allow multiple persons

to nonsimultaneously use the Software on a single computer.

This is not a concurrent use license. If the Software is installed

on a network server and accessed by multiple workstations, you

must purchase a copy for each computer on which the Software is used.

You may not provide third parties access to the Software in

connection with a service bureau, application service provider, or

similar business, or use the Software in a business to provide a

gaming environment. Full (purchased) versions & or keys are NOT to be

distributed under ANY circumstances.

2.3 You may not remove or alter any identification, proprietary

notice, label, or trademarks which appear on or in this program,

nor give anyone permission to do so.

2.4 All rights of any kind in the Software which are not expressly

granted in this license are entirely and exclusively reserved to and

by the author and its licensors.

3.0 Restrictions.

3.1 The information contained in the Software is confidential and

proprietary to the author and I retain title to all copyright,patent,

trademark, trade secrets, and other proprietary rights embodied in

or related to the Software.

3.2 THE SOFTWARE CANNOT BE MODIFIED. YOU MAY NOT DECOMPILE,

DISASSEMBLE OR OTHERWISE ATTEMPT TO ACCESS THE SOURCE CODE OF THE

SOFTWARE. FULL VERSIONS AND OR REGISTRATION KEYS ARE NOT TO BE

DISTRIBUTED UNDER ANY CIRCUMSTANCES. ANY BREACH TO THIS AGREEMENT WILL

RESULT IN THE AUTHOR TAKING ALL LEGAL ACTION POSSIBLE WITH THE

OFFENDING PARTY BEING RESPONSIBLE FOR ALL COSTS AND LOSSES.

4.0 Term.

4.1 This license is effective until terminated with or without notice.

Failure to comply with any provision provided in this Agreement or the

use of the Software in a way not authorized or permitted under this

Agreement will result in an automatic termination of this license.

You agree upon such termination to destroy or dispose of the Software.

4.2 Paragraph 2.4 and Sections 3.0, 5.0, 6.0, and 7.0, including all

paragraphs therein, shall survive termination this Agreement. All

other rights and obligations of the Parties shall cease upon

termination.

5.0 Upgrades, Maintenance and Support.

5.1 During the term of this Agreement, the author is under no

obligation to provide upgrades, maintenance, or installation for the

Software. The author may provide support for the Software as

governed by the documentation, and other materials related to and

included with the Software. The author reserves the right to revoke

or modify support provided for the Software at any time, for any

or no reason.

6.0 Limited Warranty and Remedies.

6.1 THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND,

EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF QUALITY,

MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE AUTHOR

DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR

THAT IT WILL OPERATE UNINTERRUPTED OR ERROR-FREE.

6.2 NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A WARRANTY OR A

REPRESENTATION BY THE AUTHOR THAT THE SOFTWARE WILL BE FREE

FROM INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD

PARTY. THE AUTHOR HEREBY EXPRESSLY DISCLAIMS AND SHALL NOT BE

RESPONSIBLE FOR ANY LIABILITY ARISING AS A RESULT OF OR IN

CONNECTION WITH ANY CLAIM OR SUIT ALLEGING THAT THE DISTRIBUTION OR

USE OF THE SOFTWARE INFRINGES THE RIGHT OF ANY THIRD PARTY.

6.3 IN NO EVENT WILL THE AUTHOR OR ITS LICENSORS BE LIABLE

FOR LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR

SERVICES OR ANY SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, UNDER

ANY CAUSE OF ACTION AND REGARDLESS OF WHETHER OR NOT THE AUTHOR

OR ITS LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

THIS LIMITATION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL

PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. IN ANY EVENT,

THE AUTHOR OR ITS LICENSORS' LIABILITY ARISING OUT OF THIS

AGREEMENT, THE TERMINATION THEREOF, AND/OR THE PROVISION OF GOODS OR

SERVICES HEREUNDER WILL BE LIMITED TO THE GREATER OF U.S. $1.00 OR

THE AMOUNT PAID BY YOU FOR THE LICENSED SOFTWARE.

6.4 Some provinces do not allow the limitation or exclusion of

incidental or consequential damages, so the above limitations or

exclusions may not apply to you.

6.5 This warranty gives you specific legal rights, and you may also

have other rights which vary from province to province.

7.0 General.

7.1 You agree to obtain any necessary export license or other

documentation prior to exportation of the Software and you shall not

export the Software or the direct product thereof in violation of the

Canada or other countries' export control laws.

7.2 This Agreement will be governed by the laws of the Province of

Ontario. You agree to submit to the exclusive jurisdiction of the

courts in the Province of Ontario for the resolution of any dispute or

claim arising out of or relating to this Agreement.

7.3 The prevailing party in any legal action arising out of this

Agreement shall be entitled to reimbursement for its expenses,

including court costs and reasonable attorneys' fees, in addition to

any other rights and remedies such party may have.

7.4 BY INSTALLING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ

THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS

AND CONDITIONS; YOU FURTHER AGREE THAT IT IS THE COMPLETE AND

EXCLUSIVE STATEMENT OF THE AGREEMENT RELATED TO THE SUBJECT MATTER

HEREOF,SUPERSEDING ANY PROPOSAL OR PRIOR AGREEMENT,ORAL OR WRITTEN, AND

ANY OTHER COMMUNICATIONS BETWEEN YOU AND THE AUTHOR RELATING TO THE

SUBJECT MATTER OF THIS AGREEMENT.