End User License Agreement (EULA) pertaining to
the InspiredCode product whose program name is:
Home Group Overhead
IMPORTANT: PLEASE READ CAREFULLY:
People can be tricky out there, and I do NOT intend to be
punished for doing good. I really do believe that this
agreement is needed to help protect our good fruit from
worldly attack, so just bear with me here.
This is the Home Group Overhead End User License Agreement.
The Home Group Overhead End User License Agreement created
by InspiredCode shall be known herein as "HGO EULA" and also
as "this agreement".
This version of this agreement is version-dated August 22nd, 2012
The latest version-dated version of this agreement that you have
entered into shall supersede any prior version-dated or undated
version of this agreement. Any and all rights, privileges and
or considerations previously thought or construed to be held by
you under any prior version-dated or undated version of this
agreement are null and void unless specifically upheld within
the latest version-dated version of this agreement that you
have entered into. Any obligations or duties to which you
agreed under any prior version-dated or undated version of this
agreement shall still stand unless specifically modified or
canceled by the latest version-dated version of this agreement.
If the terms or concepts in this agreement are not familiar
or if English is not your main language then you should have
a qualified translator or legal counsel explain it to you or
translate it to you before you agree to its terms. If you do
not understand this agreement, or if you do not agree to its
terms, then you may not use this software product. At the
bottom (end) of this agreement is a statement that identifies
the end of this agreement. If you do not or can not read the
entire agreement then you may not use this software product.
This is an agreement.
This End User License Agreement (EULA) is a legal agreement
made between the "software owner" and "you" (meaning both
"you" as an individual person and "you" as any entity, group
or organization on behalf of whom you are entering into this
agreement). The "software owner" is defined as "InspiredCode"
also known as "InspiredCode.net" and also known as Robison
Bryan (who first registered the domain InspiredCode.net).
The role and rights of "software owner" shall be inherited
by Robison Bryan's inheritor, assign or successor. Among such
rights inherited thereby are all obligations of others toward
the "software owner" under this agreement. Other terms for
the "software owner" in this agreement are "software rights
owner", "we", "We", "us", "Us" and "I". InspiredCode is also
a trademark held by Robison Bryan for this area of business.
In the event that Robison Bryan incorporates this DBA business
into a corporation (or has already done so) then InspiredCode
shall refer to such corporation.
Any mention of "InspiredCode site", "our web site" or "our site"
shall refer to ay portion or totality of any web site or
domain registered to, owned and or operated by us, including
but not limited to "InspiredCode.net", "InspiredCode.com",
"WorshipIsFun.org" and "OverheadDownloads.com". You are
invited to look up the "whois" on any domain to be certain.
Anyone who uses this software product has entered into this
agreement by doing so (see below). Anyone who installs this
software product for anyone or gives them an installed version
of it without telling them about this agreement is fencing
stolen property, because usage of it is forbidden outside of
this EULA. Whether or not it can be proven that you have the
authority to enter into this EULA on behalf of any entity, by
entering into this EULA you are doing so at least for yourself
as an individual. Any entity claiming not to be represented
by one who has entered into this EULA is forbidden from using
this software product.
Within this agreement, the term "Our Jurisdiction" shall refer
to the jurisdiction of and the relevant internal laws of the
State of Washington, USA. For purposes of this agreement
said relevant internal laws shall be all internal laws of
State of Washington, USA excluding any and all conflict of law
provisions that would otherwise allow any interpretation,
application or construing of this agreement differently from
the remainder of the internal laws of the State of Washington,
USA. This agreement shall be construed, interpreted and applied
in accordance with Our Jurisdiction
The term "The Jurisdiction" herein shall refer to the jurisdiction
under which this agreement is construed, interpreted and applied.
If any clause or statement herein is not allowed by The Jurisdiction
then the rest of this agreement shall remain intact in such way as
to preserve the rights of the software rights owner to the fullest
possible extent allowed by The Jurisdiction. If in any particular
circumstance the fullest extent of any clause in this agreement is
in any way disallowed and or mitigated by The Jurisdiction then for
all remaining circumstances said clause shall stand in such way as to
preserve the rights of the software rights owner to the fullest
possible extent allowed by The Jurisdiction.
Any paragraph labels, links and or tags herein are merely for ease
of locating and do not limit the scope of any statements or terms.
If in certain places it is clearly stated that paragraph headers
therein shall impart any special meaning then the impartation of
special meaning by paragraph headers shall be limited to those
places stated, and no other paragraph headers shall be construed
to impart any special meaning.
The terms "software product" and "shareware distribution"
are defined in the paragraph below. "Using" of this software
product shall be defined herein as gaining, making or causing
to be made any use of or access to any or all of the files,
resources, program(s) and items extracted from the shareware
distribution of this software product. Copying or sharing
of the shareware distribution in and of itself shall not be
considered an act of using the software product (except in
the cases listed below regarding limitations to shareware
Software Product. Shareware Distribution.
The term "software product" is defined as any and all [files,
resources, materials, texts, images, movies, scripts, tools,
programs and or items accompanying, comprised by and or
pertaining to the program (HGO, aka Home Group Overhead)]
that are distributed by (and or on behalf of) InspiredCode, as
well as anything and everything packaged or stored within the
"shareware distribution" of said program. The term "The Product"
shall also be used to refer to the software product. The term
"shareware distribution" is defined as the primary installation
file or file set distributed by or on behalf of InspiredCode that
installs any working copy of the HGO program (as it appears
or has appeared on the InspiredCode site.)
Limitations to shareware distribution rights.
The permission to distribute the "shareware distribution"
is further limited by the following terms. The "shareware
distribution" may not be compiled with, packaged with,
compressed with, archived with or combined with any other
package, archive or medium except by explicit permission
given to you by InspiredCode in writing. Furthermore,
no shareware distribution distributed by you shall be more
than two months older than the version posted on the
InspiredCode site, except by explicit permission given to
you by InspiredCode in writing. One such example in writing
is the fact that we herein grant permission for any end user to
give away copies of the Free MultiMedia Bible disc or related
Neighborhood Outreach Kit disc (said discs comprising HGO),
provided that said discs are exactly as originally offered by
InspiredCode; in such case giving away older copies thereof
may be performed if it would be a hardship to obtain newer
versions thereof, provided that due diligence is performed to
replace the disc images with the latest versions as soon as
No audio-visual recording of performance of The Product may
be made, offered or distributed except by explicit
permission given to you by InspiredCode in writing.
Any usage of any additional resource distributed by or
on behalf of InspiredCode as pertaining to said program
shall also be bound by the terms of this EULA. The offering of
additional resources by third parties for use with HGO does not
obligate InspiredCode to you in any way regarding such, but it
does obligate you under this agreement to respect their intellectual
This package might be distributed bundled with materials
that are public domain, Creative Commons and or GNU. The
presence of such materials is provided for your convenience,
to save you some effort of downloading them yourself. Any and
all such materials are properly identified as such within the
documentation of the software product. In proper accord with
the license requirements of such, you may copy such materials
to a safe place prior to deleting this software product. Your
retaining such does not constitute continued use of this product,
since their presence is offered for free as being bundled with
and useful with but not actually a part of this product. But
you need to be careful, for anything not Creative Commons,
GNU or Public Domain must be deleted in any circumstance in
which the software product is to be deleted.
Furthermore, any materials distributed in packages whose
licensing or other data references the Home Group Overhead
program shall also be subject to the Home Group Overhead
End User License Agreement. Whether or not the packager is
or was a licensee, you agree to hold us blameless regarding
any said materials, additional resources, files, packages and
or commodities related to HGO or InspiredCode, whether by
reference, by valid license or even by revoked license.
A Studio Level Licensee might be invited to register (at no
additional cost) to obtain a unique Studio ID Number.
Packages published under that Studio ID# utilize a prefix of
"ID#ABCD" where ABCD is the ID#. You agree that creating
packages for use with HGO utilizing this identification format
constitutes unauthorized ID# use unless you are the licensee
of the ID# thereof or have prior written permission from the
licensee of the ID# thereof. You agree that any intentional
unauthorized ID# use is a form of malicious hacking, defamation
of character and or cyber-terrorism.
You agree to hold us blameless with regard to any activities
of hackers or counterfeiters of our software, our web site, our
products, services, resources and or anything pertaining thereto.
Any use of this software product that is outside of this EULA
and or in violation of terms thereof is subject to diligent
prosecution through any means necessary or otherwise.
You Agree to be bound by these terms.
By installing, extracting, using and or otherwise accessing
any of this software product you are thereby agreeing to all
of these terms. Such action shall comprise your digital
signature as of the date thereof, whereby you voluntarily
and of your own free will enter into this EULA (End User
License Agreement) and agree to be bound by all of its terms.
If you do not agree to be bound by all of the terms of this
EULA, you may not use or install any portion or totality of
this software product. If you do not agree to be bound by
the terms of this EULA and if you have extracted from any
archive or downloaded any of the resources belonging to this
software product, you must delete each and every such
extraction and or download, leaving in existence only such
complete unopened archives as are defined as the "Shareware
Distribution" according to a preceding paragraph.
Strictly As Is.
InspiredCode disclaims all warranties, express or implied, including,
but not limited to, the implied warranties of merchantability or fitness
for a particular purpose. InspiredCode does not warrant this product
to be free from viruses, nor does InspiredCode warrant that this product
does not infringe on any intellectual property rights. This software is
provided “as is” and with all faults.
You agree to indemnify InspiredCode against any claim directly or
indirectly resulting from your use of the software including, but not
limited to, any attorney fees incurred by InspiredCode.
Not for Use in Critical Environments.
You may not use this product on any computer in an environment
where failure of that computer or use of the product (including, but
not limited to, distraction by use of the product) could result in serious
injury, death or in any financial loss.
All agreements between you and us (including this agreement), shall
be known herein as "Our Agreements". All terms within Our Agreements
shall be known herein as "Our Terms". All terms of Our Terms that would
indemnify us, cause us to be held blameless or that would cause to be
waived, voided, assumed (by you), limited or in any other way negated
or mitigated any liability, accountability, responsibility, blame or risk on our
part shall be known herein as "Terms Limiting Liability", also to be known
herein as "TLL".
If any TLL is not acceptable to you then you are hereby invited to
contact us to negotiate a different agreement regarding TLL, but if
we have not yet or cannot come to any mutually acceptable agreement
about such TLL then you do not have our permission to use The Product.
If you do not contact us to negotiate the TLL then that indicates
that you find all TLL to be acceptable to you as written.
If The Jurisdiction requires of us any liability other than none at
all, you agree that our maximum liability shall be no more than the
amount of money you paid to us. We may be accountable to perform
DMCA compliant take-down of content as any circumstance may require,
but that is not the same thing as liability.
If there is any possibility that The Jurisdiction may not allow
either of the two sentences above to be binding in full force then
you do not have permission to use The Product. If you find after
investing any time or money that you are not allowed to use The
Product, your complete and full remedy shall be a refund of any
money you paid to us for the product. You shall consider your
time to have been well spent in learning about The Product for
the sake of and to the benefit of any potential future use of
The Product by you or anyone else whom you might someday advise.
In any case you agree that your business reputation and public
relations are your own responsibility, not ours. If you find
any conflict of terms in this agreement you agree to contact us
to clarify and or negotiate them.
If the above paragraph is not allowed to be in full force by The
Jurisdiction then you agree to binding arbitration with us.
If you tried to enter this agreement with us but violated its terms
then you never had permission to use The Product in the first place.
This software product is licensed AS IS. No warrantee is made,
implied or otherwise. No promises are made. You are entirely
responsible for its use, usefulness and or suitability for any
purpose for which you think it might be used. You alone bear
all liability for and you completely absolve and release the
software product's author and or distributor and the software
rights owner from any and all responsibility, accountability,
culpability and or liability pertaining your use and or misuse
of this software product, even if the software product's author
and or distributor and or software rights owner has been advised
of the existence or possibility of any problems therewith.
You also give permission for any changes to your system to be
made including but not limited to installing any missing codecs,
adjusting screen saver and power timeout properties and placing
media files onto your hard drive, as well as any DRM mechanisms
for software and or content.
To the maximum extent permitted by law you accept all risk
associated with this software product. If you are not certain
that you are permitted by our or your jurisdiction to assume all
risks associated with using or installing this software product
then you do not have permission to use this software product.
Because all sales are final, you are advised to be certain about
your right to assume all associated risks before paying anything.
You acknowledge that we do not promise any technical support
whatsoever, and that any help or support we may happen to give
is strictly at our own sole discretion. You also acknowledge that
any individuals you may happen to encounter on any Users forum
do not necessarily represent us in any way. You agree that any
and all help you may or may not get from us or anyone else is
AS-IS, and either to heed or ignore such is done strictly at
your own risk. Even if the preceding sentence does not stand,
you agree that you will not hold us responsible for anything
someone else may say, write or do.
Under no circumstances shall any documentation, helps, functional
description, advertisement, instruction or mention of features be
construed to state, imply, indicate or convey any assurance,
promise or guarantee of any particular functionality, fitness or
suitability of the software product. You are already bound by
this agreement if you are using this product, but YOU AGREE TO
EVALUATE ITS RELEVANCE TO YOUR NEEDS OR INTERESTS
BEFORE YOU INVEST ANY SIGNIFICANT TIME OR MONEY IN
Except as specifically ordered by court of The Jurisdiction,
no conjecture, future expectation or expression of any desire,
hope, want, wish or other such attitude or feeling communicated
by us shall be construed to indicate any form of promise, offer,
assurance, guarantee, warrantee or obligation on our part, whether
communicated herein, on our web site, emails, documentation,
advertising or any other form of communication from us.
OUR PRODUCT IS SHAREWARE.
WE DISAVOW ANY IMPLIED WARRANTEE.
If The Jurisdiction requires any implied warrantee then such shall
not exceed the amount you paid us for The Product.
SOME RISKS FOR WHAT YOU PLAY
Any content for use with The Product shall herein be called "Content
for Product". Any Content for Product (or aspect thereof) for which
you did not pay is no basis for any loss or damage, and losing access
to such is of no legal consequence. Any Content for Product made by
someone other than us shall herein be called "Third Party Content".
Losing access to Third Party Content is an issue between you and only
the one to whom you paid for said Third Party Content. We shall not
be responsible for anything related to any Third Party Content.
You agree to make and keep timely personal backups of any and all
Content for Product, so that your access to said content does not
depend upon The Product. Any and all aspects of said Content for
Product that does not backup easily, including but not limited to the
timing of presented visual content, shall herein be called "Dependent
Content". If you did not pay for said Dependent Content separately
from its corresponding Content for Product then for purposes of this
agreement the price you paid was for the aspects of said Content for
Product other than said Dependent Content, and said Dependent Content
shall be considered as having been accessed for free. You agree that,
with the exception of any backups you may make that function
independently of The Product, access to Content for Product requires
you to be running The Product. Therefore, if your access to any
Content for Product is denied or lost as a result of your not running
The Product, you shall have only yourself to blame. Also, you agree
that the primary purpose of The Product is at least visual and
requires you to register The Product. Therefore, if your access to
any visual aspect of Content for Product is denied or lost as a result
of your not registering The Product, you shall have only yourself to
blame. Buying a record does not entitle you to a free record player.
Likewise, you agree that you have no basis to expect access to any
visual aspects of Product Content if you've not registered The Product,
even if you paid extra for said visual aspects of Content for Product.
If you end up accessing some visual aspects anyway then that is merely
something extra for which you should be grateful. If you have ever
had access to Content for Product on even one machine then you have
gotten at least what you paid for and you have no basis for any loss
or damage. Just as it is possible to break a vinyl or CD record and
thereby lose access to its content, if you fail to make a timely
backup of said Content for Product then you have nobody but yourself
to blame for losing access to said Content for Product. You also
agree that any loss of Dependent Content shall not provide you with
any basis of loss or damage. Nonetheless, you agree that instead of
pursuing any other action you shall first utilize any and all
available means of regaining access to said Content for Product whose
provision is offered or made available by us and or the one to whom
you paid in order to gain such access. If you have regained access
to said Content for Product then you have gotten at least what you
paid for and you have no basis for any loss or damage. Even so, you
agree that any issue of loss associated with losing access to any
Content for Product shall be between you and the one to whom you
paid for said Content for Product; and provided that said Content for
Product does not infringe your intellectual property rights, the total
of such loss shall not exceed the amount you paid for said Content for
Product. Although this agreement is under "The Jurisdiction", if
there is any possibility that the jurisdiction where you reside and
or do business would not allow at least the immediately foregoing
sentence to stand as valid remaining in force "as is" then you do
not have our permission to use The Product.
SOME RISKS FOR WHAT YOU CREATE
WE DO NOT PROMISE TO STOP PIRACY!!!
You agree to use The Product ONLY AT YOUR OWN RISK!!!
You hereby grant permission for The Product to provide access to
your content that you don't intend.
You acknowledge that most anyone can hook up a tape recorder to a
speaker jack. You also acknowledge that no system is impenetrable.
You agree that it is impossible to totally prevent piracy. Any
benefit from The Product you expect as a content provider shall
be in regard to your using it to create content for your fans,
NOT in regard to ensuring that they would pay for such content.
If you get any benefit of any reduction in piracy due to any
features of The Product, that is an extra side effect of The
Product, to the extent that it works, IF it works, no matter how
much effort we may have put into trying to make that happen for
you; it is still just a side-effect we have tried to create that
you may or may not get to enjoy, and as such it shall always be
considered free, extra, unexpected and certainly not guaranteed.
You agree that you are utilizing The Product as an alternative to
other ways of giving away free music downloads, where the difference
is in regard to facilitating a convenient way for your fans to
access or pay for your content. Whether or not you are using our
product, you are still free to ask for donations from your fans.
Your outcome from using The Product shall be compared to other forms
of simply offering downloads of your content for free. You agree
that based upon this intended and accepted usage, it is impossible
for The Product to cause you any loss or damage by any amount of
access to your content. You agree to compare performance of The
Product against a baseline of giving all your content away. You
shall have no grounds for loss or damages with regard to The Product
allowing (or not allowing) access to your content, but instead you
shall deem that you have cause to be grateful for any degree of
inhibition of piracy that may result from your use of The Product.
If any failure or non-failure of The Product results in any of your
customers seeking a refund of any money they paid you, it shall not
be any grounds for loss or damage, but you shall instead consider
any such occurrence to be entirely acceptable, as a part of this
alternative to other methods of offering free downloads.
WE ARE NOT RESPONSIBLE FOR YOUR REPUTATION OR
PUBLIC RELATIONS. YOU TAKE UPON YOURSELF ALL
RISK REGARDING YOUR OWN CUSTOMER RELATIONS.
WE DO NOT BEAR OR ASSUME ANY RISK ASSOCIATED
WITH ANY LIABILITY OF YOURS TO ANY CUSTOMERS
THAT YOU MAY HAVE.
You are entirely responsible for what you put into your Content for
Product. Any fame, promotion, notoriety or exposure of your own
success or failure in properly vetting your Content for Product
shall not be our responsibility. You agree to create and maintain
a provenance documenting the source and ownership of all works you
include in your Content for Product, and to bundle such provenance
into your Content for Product. Even if no other provisions have
prevented you from having grounds against us for any loss or damage,
said loss or damage shall not exceed the amount you paid for The
Product. Although this agreement is under "The Jurisdiction", if
there is any possibility that the jurisdiction where you reside and
or do business would not allow this paragraph to stand as valid
remaining in force "as is" then you do not have our permission to
use The Product.
You assume ALL risk associated with operating this program.
This program may give users access to ShareWareMusic media
or other archives, encrypted or not. You assume all risk involved
in offering access to or in seeking access to such materials. You
hold us entirely blameless, even if your copy of an album does
not play after you paid for it, and even if your album or StudioID
gets hacked by the public. You also hold HGO Studio License
users blameless for any loss of access to their media, provided they
have exercised all foreseeable and reasonable due diligence to
prevent any such loss on your part. You assume any and all
remaining risk and legal responsibility related to any package
you make for use with HGO, even if HGO malfunctions, even if we
have been notified regarding such.
Any Digital Rights Management, licensing, activation and or any
other aspects of features or services related to your handling
of media or rights thereof are offered strictly AS-IS. It is
your own responsibility to secure legal counsel to advise you
with respect to your own obligations and liabilities. If you
secure the services of independent testing laboratories for the
purpose of convincing any rights holders, you agree to send us a
copy of the results of such right away.
We shall not be accountable or liable for anything anyone else
other than us may do, say or write.
If any data in your system is lost or damaged due to technical
reasons (including but not limited to system glitches, improper
installation procedures or incompatibilities of any type) as a
result of installing this Software package, then you hold us
blameless and accept all risks of data loss or damage arising
from installing and or using the Software package on any system.
We use third party e-commerce providers to collect credit card
payments. That way we seek to avoid being exposed to certain
key pieces of your most sensitive personal information.
But those e-commerce providers do transmit other purchase
related information to us. Furthermore, you may also submit
personal information on our site, which may be further processed
and retransmitted through our system in the course of serving
you and protecting our assets. Although in our opinion we have
implemented reasonable efforts to inhibit unauthorized access
to your personal information, you agree to indemnify us and
hold us blameless regarding any of your information that may
be accessed by hacking, accident, natural or unnatural disaster
or any other circumstance, action or event. You agree not to
submit any information to our web site that could even remotely
possibly result in any damages or danger or risk to you if such
information were compromised.
Respect All Intellectual Property Rights.
As any powerful tool can be used for good or evil, it is your
own responsibility how you use this software product. You do
agree that you will not use this software product to break the
law or to violate any intellectual property rights, and if you
do so you are in violation of this EULA, and any such offenses
would be your own doing and not any aspect of the intended or
recommended usage of this software product. Intellectual
property rights include but are not limited to copyright, trade
secrets, trademark rights and or patent rights.
InspiredCode is a registered trademark and as such is an
intellectual property asset. Making reference to HGO or
any other InspiredCode product in any way that violates this
agreement, creates a defamation of character by association
or creates any potentially harmful confusion regarding the
trade pertaining to the trademark shall be considered as a
malicious abuse of intellectual property and shall be subject
to any punitive damages that the court may allow.
A creator of a package ("package creator") may utilize
(within the songlist directory of said package) a file
called "provenance.txt" to provide "provenance information"
(source and derivation of any media files distributed within
said package). With regard to media files used by us in HGO,
we provide "provenance information" within our HGO user
manual (instructions.htm). Prior to making any DMCA
complaint, claim or other action against us or any other media
package creator (or distributor) you agree to check for such
"provenance information", to research (to the fullest extent
available to you) the sources and or validity of any and all
claims therein of origins, derivations and or ownership of
works, and to provide full disclosure (to said package creator)
of all results of such research, and to subsequently discuss (by
email and or in person) said results with said package creator
to the fullest extent allowed by said package creator within a
reasonable period of time following said disclosure. This
requirement shall not be construed as to mitigate, obviate,
lessen, bypass, preclude or replace any other requirement
herein. Said reasonable time shall be determined according
to the schedules of you and the package creator, and shall in
no way be shorter than a time of ample opportunity for said
package creator to consult qualified legal counsel and then
respond by email or registered mail to your initial written
comunication pertaining thereto, and for you to receive such
response, evaluate it with your own legal counsel and reply
to said package creator. You agree to assume until proven
otherwise that said package creator will comply with all valid
copyright notifications based upon claims that are proven to
within reasonable doubt. You agree to accept as your sole
remedy (for non-malicious infringement) the removal of
your protected intellectual property from any and all copies
of any package under said package owner's control, as well
as a good faith attempt to notify others of the infringing state
of obsolete versions thereof. You agree to exhaust all
methods in this paragraph before resorting to methods below.
InspiredCode allows certain users to encapsulate digital content
into packages and to post and or distribute such digital content
(and directly or indirectly related materials) via on-line means
of direct and or peer accelerated or facilitated data transfer.
Like any on-line provider, InspiredCode is able to select and or
selectively accept users who shall be able to post or transmit
content, and like any on-line provider, InspiredCode grants
access to certain users to post or transmit digital content
through automated transactions beyond the direct and immediate
control of InspiredCode.
Due to these facts, InspiredCode is an Online Service Provider
under Title II of the Digital Millennium Copyright Act, 17 U.S.C.
Section 512 (“DMCA”).
Therefore or furthermore, under any circumstance in which or to
any extent to which any body of operability or functionality
embodied by any [websites, accelerated or distributed download
networks, software, services, resources and or systems] over which
InspiredCode has primary control is or could be construed as
being utilized by or at the behest of anyone else (other than
InspiredCode) to provide access to any communication, media, data
and or any other digital content, and insofar as said access
may be construed as being facilitated by, enabled by, expedited
by or otherwise causally related to any on-line activity, in said
circumstance or to said extent, and with regard to said access,
said body of operability or functionality shall be considered to
be an on-line service (with InspiredCode being on-line service
provider thereof or pertaining thereto) under section 512(a) of
the DMCA (Digital Millennium Copyright Act).
It is our policy to respond to notices of alleged infringement
compliant to the Digital Millennium Copyright Act ("DMCA") and
other applicable intellectual property laws. Responses may include
removal of on-line material, sending alleged infringement warnings
or cease and desist notices to alleged infringers, banning said
alleged infringers, revoking a user's privilege to create and or
distribute HGO related materials and or implementing electronic
countermeasures to restrict, inhibit or disable propagation of
allegedly infringing materials or any set or totality of materials
produced by users producing said allegedly infringing materials.
If we take such measures, we will make a good-faith attempt to
contact the user who created, posted, distributed and or sent the
allegedly infringing content so that he or she may make a counter
notification pursuant to sections 512(g)(2) and (3) of the DMCA.
It is our policy to document all notices of alleged infringement
that we receive. As with all legal notices, a copy of the notice
may be sent to one or more third parties who may make it
available to the public.
DMCA Infringement Notification
If you are a copyright owner or an authorized agent thereof and
believe that any user of the HGO application (and or any other
resource, service or network controlled by InspiredCode) has
infringed upon your copyrights, you may submit a DMCA compliant
notification by filing a notice of infringement with our DMCA
Agent. To do so you must provide a written communication (by
postal mail or e-mail) that sets forth the items specified below.
You agree that you will be liable for damages (including costs
and attorneys' fees) if you materially misrepresent that a product
or activity is infringing your copyrights.
Accordingly, if you are not sure whether material available online
infringes your copyright, we suggest that you first contact an
attorney. To expedite our ability to process your request, please
use the following format (including section numbers):
1. Identify in sufficient detail the copyrighted work that you
believe has been infringed upon.
2. Identify the material that you claim is infringing the
copyrighted work listed in item #1 above or which you claim is
the subject of infringing activity. You must identify each
separate item of infringing material.
3. Provide information reasonably sufficient to permit and or
enable InspiredCode to locate the material.
4. Provide information reasonably sufficient to permit and or
enable InspiredCode to contact you (email address, phone number
and mailing address).
5. Provide information, if possible, sufficient to permit and or
enable InspiredCode to notify the user that allegedly compiled,
formatted, posted, sent or transmitted infringing material
(A StudioID is ideal, an email address otherwise preferred.)
6. Include the following statement: "I have a good faith belief
that use of the copyrighted materials in the manner complained
of is not authorized by the copyright owner, its agent, or
7. Include the following statement: "I swear, under penalty of
perjury, that the information in the notification is accurate
and that I am the copyright owner or am authorized to act on
behalf of the owner of an exclusive right that is allegedly
8. Sign the paper.
9. Send the written communication to the following address:
Attn: DMCA Agent
1756 SW Robertson Dr.
Oak Harbor, WA 98277
OR fill out our web contact form on our website
with the words "DMCA Complaint" in the subject line
You hereby acknowledge that if you fail to comply with all of
the requirements set forth above, your DMCA notice may not be
valid. InspiredCode may or may not respond to any invalid DMCA
notices at our sole discretion.
DMCA Counter Notification
Pursuant to sections 512(g)(2) and (3) of the Act, the user may
make a counter notification. To file a counter notification with
us, you must provide a written communication (by postal mail or
or email) that sets forth the items specified below. Please note
that you will be liable for damages (including costs and attorneys'
fees) if you materially misrepresent that a product or activity
is not infringing the copyrights of others. Accordingly, if you
are not sure whether certain material infringes the copyrights
of others, we suggest that you first contact an attorney.
A sample DMCA compliant counter notification may be found at:
To expedite our ability to process your counter notification,
please use the following format (including section numbers):
1. Identify the name of the file(s) comprising content to which
InspiredCode has blocked by inhibiting, disabling or
blocking propagation, usage, access and or transmission.
2. Provide your name, address, telephone number, email address,
and a statement that you consent to the jurisdiction of
Federal District Court for the judicial district in which your
address is located (or Washington, USA if your address is
outside of the United States), and that you will accept
service of process from the person who provided notification
under subsection (c)(1)(C) of the DMCA or an agent of such
3. Include the following statement: "I swear, under penalty of
perjury, that I have a good faith belief that the inhibition,
disabling or blocking of propagation, usage, access and or
transmission of each of said file(s) identified above as
having been blocked."
4. Sign the paper.
5. Send the written communication to the following address:
Attn: DMCA Agent
1756 SW Robertson Drive
Oak Harbor, WA
OR fill out our web contact form on our website
with the words "DMCA Counter Notification" in the subject line
Upon receipt of a valid claim InspiredCode will follow the
procedures provided in the DMCA which prescribe a notice and
take down procedure, subject to the user’s or webmaster’s right
to submit a Counter-Notification claiming lawful use of the
disabled works. InspiredCode will have the disputed material
removed from public download access to the fullest extent of its
control to do so.
The promptness with which InspiredCode shall perform any task of
disabling shall be commensurate with the reasonable processing
and delay time for the means employed to receive and validate a
DMCA compliant notification and to block access to allegedly
InspiredCode will also notify the user who compiled, posted, sent
and or transmitted the allegedly infringing material that has
been removed or has had access thereto disabled.
The promptness with which InspiredCode shall perform any task of
responding to any DMCA Counter Notification shall be commensurate
with the reasonable processing and delay time for the means
employed to receive and validate a DMCA Counter Notification and
for the means necessary to perform any tasks related thereto as
prescribed by DMCA.
Please note that under Section 512(f) of the Copyright Act, any
person who knowingly materially misrepresents that material or
activity was removed or disabled by mistake or misidentification
may be subject to liability. Please also be advised that we enforce
a policy that provides for the termination in appropriate
circumstances of users who are repeat infringers. Furthermore, we
reserve the right to take additional actions not required by the
DMCA as relating to efforts to curb intellectual property abuse.
Voluntary Usage of DMCA Mechanisms.
Since InspiredCode also creates, compiles, prepares, posts sends,
communicates and or transmits its own content that may or may not
be on the behalf or behest of any entity other than InspiredCode,
and because the "provenance" (history of authorship and rights) of
works are believed to be as represented by sources who have made
said works available to or accessible to InspiredCode, there is a
possibility, however remote, that InspiredCode could in good faith
utilize a work while having been falsely given to believe that it has
a right to do so.
**** YOU AGREE TO USE THE DMCA NOTICE FOR ALL CLAIMS ****
IF YOU ARE A COPYRIGHT OWNER OR AN AUTHORIZED AGENT
THEREOF, AND BELIEVE THAT INSPIREDCODE HAS INFRINGED
UPON YOUR COPYRIGHTS, PATENTS, TRADEMARKS OR ANY OTHER
FORM OF INTELLECTUAL PROPERTY, YOU AGREE TO DO THE
1. REFRAIN FROM PURSUING ANY LEGAL ACTION REGARDING
SAID INTELLECTUAL PROPERTY EXCEPT AS REQUIRED TO
PERFORM THE TASKS SPECIFIED BY STEPS 2 THROUGH 5
2. FILE A DMCA NOTIFICATION REGARDING SAID
INTELLECTUAL PROPERTY AS IF IT WERE SUBJECT TO
DMCA SAFE HARBOR PROVISIONS.
3. COMPLETE THE ENTIRE DMCA NOTIFICATION PROCESS, AS IF
YOUR SAID INTELLECTUAL PROPERTY HAD BEEN CREATED,
COMPILED AND POSTED BY A USER RATHER THAN BY INSPIRED
CODE, AND AS IF SAID INTELLECTUAL PROPERTY WERE SUCH
ALLEGEDLY COPYRIGHTED MATERIAL AS WOULD QUALIFY FOR
THE DMCA SAFE HARBOR PROVISIONS.
4. SIGN A STATEMENT REGARDING EACH OF SAID INTELLECTUAL
PROPERTY THAT YOU ACCEPT AS YOUR SOLE AND COMPLETE
REMEDY, OUR REMOVAL OF SAID INTELLECTUAL PROPERTY
FROM RESOURCES OVER WHICH WE HAVE CONTROL, AS WELL
AS OUR NOTIFICATION TO THE HGOUSERS FORUM THAT SAID
INTELLECTUAL PROPERTY IS NOT TO BE USED, INCLUDED OR
DISTRIBUTED WITHOUT YOUR PRIOR WRITTEN CONSENT, AND
THAT NEW COPIES OF RESOURCES SHOULD BE USED THAT DO
NOT CONTAIN OR COMPRISE SAID INTELLECTUAL PROPERTY.
5. IF PURSUANT TO THE DMCA PROCESS IT IS DETERMINED
THAT SAID INTELLECTUAL PROPERTY IS NOT YOURS TO
RESTRICT, YOU AGREE TO SEND INSPIREDCODE A WRITTEN
RETRACTION ACKNOWLEDGING THAT YOU DO NOT HAVE A RIGHT
TO RESTRICT SAID INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE THAT THE DMCA MAY NOT REQUIRE YOU
TO USE THE SAFE HARBOR PROCEDURES FOR ALL FORMS
OF ALLEGED INTELLECTUAL PROPERTY ABUSE THAT YOU
MAY SUSPECT OR BELIEVE TO BE PERFORMED BY US,
BUT YOU AGREE TO VOLUNTARILY LIMIT YOUR LEGAL
ACTIVITIES AND REMEDIES TO THOSE THAT WOULD APPLY
IF SAID ABUSE WERE SUBJECT TO THE DMCA SAFE HARBOR
IF YOU HAVE EXECUTED THIS AGREEMENT THEN YOU ARE
BOUND TO DO AS OUTLINED ABOVE, EVEN IF YOU WOULD
NOT OTHERWISE BE LEGALLY BOUND TO DO SO BY DMCA
OR ANY OTHER BODY OF LAW.
YOU AGREE NOT TO KNOWINGLY DISTRIBUTE, SHARE,
TRANSMIT OR OTHERWISE MAKE AVAILABLE ANY MATERIALS
ABOUT WHICH A PENDING OR VALID DMCA NOTICE HAS
BEEN MADE. YOU ALSO AGREE TO MAKE ALL REASONABLE
ATTEMPTS TO USE ONLY THE NEWEST VERSION OF ANY
INSPIREDCODE SOURCED OR PROVIDED MATERIAL AND YOU
AGREE NOT TO USE FROM ANY OLDER VERSION THEREOF
ANY MATERIALS THAT ARE MISSING FROM ANY NEWER
An attempt has been made to provide patent-free mechanisms
for media playback, as well as for other aspects. This software
does not guarantee that you will not infringe any patents. You agree
that you hereby take upon yourself any and all patent related risks
pertaining to or associated with the download, copying, receipt,
sharing, distribution, installation, usage and or licensing of this
software (to you, for you and or by you), as well as any and all risks
associated with performing or causing it to perform any patented or
protectable methods. Usage of this software product does not
grant permission to infringe any patents held by or pending for
InspiredCode (or Robison Bryan); and usage of certain of HGO's
methods by any other software than HGO may result in legal action.
All Sales Are Final.
All sales are final. This program is designed to offer a demo
period. Even during such demo period this EULA is already in
effect. Even if you don't manage to evaluate the software product
and or its relevance to your intended use, all license sales are
still final. If the demo period does not work as intended, all
license sales are still final. If any refund were to ever be
given, it would be exactly that: a gift; any such generosity
would be solely at the discretion of the software owner. You
should consider this before ordering any license. Even in the
unlikely event that any failure on the part of software product,
its licensing mechanism, it author, distributor and or software
rights owner were to deny a first deployment on one machine, the
sole remedy thereof is the licensing operation(s) necessary to
accomplish a deployment on one machine, which may or may not
require you to use a different machine at the discretion and
advice of the software product's author, distributor and or the
software rights owner. At our sole discretion (not yours) we
may decide to refund your license money rather than try to
fulfill a purchased license. Once the software license has been
deployed onto one machine: the software product's author,
distributor and or software rights owner has fully satisfied
any and all claim and or right pertaining to the purchase of
said license. We may wish to provide continuing operation, as
the primary objective of the software product is successful
usage, yet any and all outworking of such desire shall be
considered above and beyond any and all obligation.
We reserve the right to deny service to anyone for any or no
reason. We also reserve the right to revoke a license for any
or no reason at all, simply by sending or publishing a notice of
revocation whether or not we refund your license money. In
such case you agree you shall not pursue any claim against us for
any reason whatsoever. If this term is not acceptable to you
then do not use The Product. In case of such revocation any
and all further operation of said revoked license shall cease
forthwith immediately, including but not limited to any and all
distribution of shareware distribution packages bundled with
other media that had been allowed under the studio license
level before it was revoked. There are special circumstances
where we would feel the need to revoke without refund. What
qualifies as such circumstances we shall decide on a case by
case basis. It is obviously in our best interest to establish and
maintain a good reputation; therefore we would have no desire
to risk losing our public good will by revoking any license unless
we deemed that the situation warranted such decisive action.
Revoking any Studio License also revokes any StudioID held by
the holder of such Studio License.
You agree to consider the fact that the primary intended audience
for HGO is Bible believing worshipers. Therefore you agree that
using this product to expose them to profane, blasphemous or
anti-Christian content would be a hate-crime that targets a
religious minority for abuse.
You agree not to use The Product for any purpose that would
express or promote any intolerant, oppressive, suppressive,
derogatory or otherwise hateful statement or expression
toward any person, group or religion. There may be some who
have a ministry of debate. They can do that elsewhere, not
here. This is NOT a platform for politics or conflict.
If you find out about any profane, blasphemous, hateful or
or other mal-usage of HGO please notify us so that we can
evaluate the alleged offenses with respect to revoking their
license. This is not in a mean spirited way, but as an attempt
to keep something good from being misused for other than
wholesome and positive purposes. Any determination of what
exemplifies the above shall be made in our own opinion, NOT
in any objective sense. WE MAY BE PARTIAL AND NON-
OBJECTIVE IN OUR ASSESSMENT OF WHAT IS HATEFUL,
INDECENT OR BLASPHEMOUS. YOU AGREE TO ACCEPT
WHATEVER WE DECIDE IN THAT REGARD. IN MATTERS
DEALING WITH ABUSIVE CONTENT RATHER THAN WITH
INTELLECTUAL PROPERTY RIGHTS VIOLATIONS, IN
CERTAIN INSTANCES WE MAY CHOOSE TO WAIT FOR
YOU TO OBTAIN A COURT ORDER DIRECTING US TO
REMOVE CERTAIN CONTENT. OUR DOING SO SHALL
BE CONSTRUED ONLY AS OUR WILLINGNESS TO TRUST
THE OPINION OF THE COURT AND SHALL NOT BE
CONSTRUED AS OUR CONDONING ANY CONTENT IN ANY
WAY. IF WE OBEY A COURT ORDER TO REMOVE CONTENT
OUR DOING SO SHALL NOT BE HELD AGAINST US.
You may not reverse engineer, decompile, disassemble, hack or
in any way violate the security or integrity of any portion or
totality of the software product. If the law requires any
limitation to the scope or extent of this term then this term
shall still stand and restrict your activities to the fullest
extent allowed by law. You agree not to hack, trick, crack,
circumvent or otherwise compromise any intellectual property
protection measures comprised by the software product. If
you share any products of such forbidden activities you may
be subject to civil and criminal penalties that may include
federal (and or international) charges of cyber terrorism and
civil punitive damages.
You agree that you will not allow to be made or distributed on
your behalf any content that you yourself are not allowed by us
to make or distribute. If InspiredCode warns you to remove any
materials from public accessibility and you refuse to do so,
you agree hereby that you are subject to punitive damages for
defamation of character, trademark abuse and other crimes, and
agree to any punitive damages the court may choose to allow.
You agree to hold us blameless regarding any electronic means
whereby we might prevent HGO from accessing materials that
we find highly objectionable. Any attempt to circumvent such
means shall be considered as malicious hacking and or cyber-
This software product is protected by local and international
intellectual property laws that may include copyright, patent
and or trademark, as well as other. You will not share any
portion, material(s) or portion(s) of material(s) comprised by
or pertaining to this software product except as specifically
Materials included within this "software product" shall be
known herein as "included materials". Such may include media
and or files of any type. All included materials may be used
(only in unaltered state) with this program. In the user manual
of this program you will find a listing of included media files,
with attribution (provenance) thereof. Materials identified
as Public Domain may be used solely at your own risk, and you
assume all blame and or liability for your use of them. Other
than such marked as public domain, you are prohibited from
using any included materials except by means of this software
If you find any copyrighted works identified as public domain
within the included materials you agree to immediately notify
the software owner of the situation and you agree to cause no
blame, charges or liability therefrom to be made or held against
the software owner, provided that the software owner removes
said copyrighted works identified as public domain from said
included materials under said software owner's control within
a time appropriate to DMCA compliant take down requests.
Licensed Not Sold.
This software product is licensed, not sold. This EULA lists
some duties and responsibilities pertaining to licenses you
could obtain for this software product. Even without the
purchase of any license you are still bound by the terms of
this EULA. The software product both in part and in its
entirety still belongs to the software rights owner.
Termination of usage and or termination of right to use.
If you violate any terms of this agreement then your right to
use the software product shall immediately cease, and all
licenses obtained by you or on your behalf pertaining to such
software product shall be considered revoked without refund.
Your obligations under this agreement shall continue after
Termination of License.
You have already been exposed to our intellectual property,
and cannot be 'unexposed' to it. You agree that any and all
obligations and requirements accepted by you under this
agreement will survive (apply) even after termination of this
agreement. If the jurisdiction trying any matter pertaining to
this agreement disallows the continuation (survivorship) of
any term of this agreement after termination of this agreement
then all other terms shall remain in effect in such way as to
preserve software owner's rights to the fullest extent possible.
When you purchase a license our obligation is to do our part
in allowing you to deploy one copy of said license onto one
machine. After that, we may HOPE you get better use than that
if you so desire, according to the limits for your type of
license. It is possible to transfer your license to another
but in so doing you would have to quit from using the license
altogether, and you would have to remove that license from
any and all of your machines. You would then have to
relinquish control of your license as pertaining to any
account or recognition on our end regarding your license,
and you would have to explain to the entity who receives
your license that our obligation is already over, and that
they may or may not be successful in gaining working
operation based on such license. Our obligation on our part
toward a purchased license ends as of the first deployment
thereof. But for the sake of a very positive public image,
we reserve the right to do more than we are required to do.
If you transfer your license to some other party then you are
still responsible for anything done under such license unless
said other party takes full legal responsibility in writing and
remains subject to (and reachable by) The Jurisdiction, with
respect to this agreement. If you make your StudioID or
checksum thereof available to any other party, it is your own
responsibility to secure an agreement with said other party
that protects your interests, because you are still responsible
for anything done under your own StudioID.
You cannot transfer a StudioID to some other party, except
by complete transfer comprising a StudioID agreement fully
executed (in writing) by said other party and InspiredCode,
witnessed in writing by you.
Without said complete transfer you are still totally responsible
for anything done under your own StudioID. If a crime has
been committed against you or in your name by fraudulently
utilizing your own StudioID then it is your responsibility to
convince any plaintiff party or government agency of the fact
that you had nothing to do with it.
You agree that no term of any other contract with any other
entity can mitigate our rights or your obligations under this
agreement, neither can such obligate us in any way.
Application Specific Terms.
"License" means a license obtained for this software product.
Running or using a license means running or using the software
product upon a machine that has had license installed on it.
License Levels and License (User) Types.
When one obtains a license to this software product, such
License may be one of several license levels available.
Each license level may provide distinct technical features.
In addition to the license levels, there are also license
types that pertain to certain user types.
Registering a license does not grant any rights or privileges,
but is instead intended to provide access to certain features.
Depending on what is going on, this program may or may not at
times allow or provide access to features less than or beyond
those mentioned within the descriptions we offer of them. No
assurance is given regarding any features, functionality or
fitness of software. But if you feel that your obtaining a
and activating a certain license level has not succeeded in
making available to you any features we have advertised as
being appropriate to said certain license level, you agree
to notify us immediately about such, and you agree to help
us to any reasonable extent if we ask you to assist us in
getting said certain features working on your machine.
The StudioID is not actually a license level. The StudioID
represents a unique relationship, a special agreement signed
between certain invited Studio License Level users and
InspiredCode. The StudioID is by invitation only.
InspiredCode does not guarantee the wholesomeness of any HGO
based media materials. Aside from that we DO have our own
preferences. We reserve the right to refuse service to anyone
for any or no reason at all. The StudioID is by invitation
only. An invitation does not guarantee that you would receive
a StudioID. It is merely an opportunity for you to allow us
to consider your information and your desire to participate.
There are three user types for Home Group Overhead. When a
license is obtained, the activation process includes the
selection of which license type/user type. These user types
are: Home, Home Group and Organization. This is NOW only
a description of primary intended usage for each machine that
shows such detail, and shall not have any legal significance.
NO MATTER WHAT USER TYPE YOU SHOW, YOU MAY
NOT DEPLOY HGO ON MORE THAN THREE MACHINES
AT ONCE. FURTHERMORE, YOU MUST OWN ALL
MACHINES ON WHICH YOUR LICENSE IS INSTALLED.
IF YOU ARE AUTHORIZED IN WRITING BY YOUR
ORGANIZATION TO ENTER INTO THIS CONTRACT ON
BEHALF OF YOUR ORGANIZATION THEN YOUR
ORGANIZATION MAY OWN MACHINES ON WHICH
YOUR LICENSE IS INSTALLED. IN ANY CASE YOU
ARE STILL RESPONSIBLE FOR ALL ACTIVITY
PERFORMED USING YOUR LICENSE. If The
Jurisdiction and your organization both allow it in
writing, your organization may assume your liability
provided that in so doing no liability is placed upon us. For
this paragraph, the term "YOUR ORGANIZATION"
shall mean the same thing as "your organization".
If you need to deploy on more than 3 machines at once you
can pay for more than one license.
This concludes this End User License Agreement.