To order using
PayPal:
~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~
Here is the HGO EULA that you
must
agree
with in order to place
your order (scroll down):
~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~
o End User License Agreement (EULA) pertaining to
the InspiredCode product whose program name is:
Home Group Overhead
IMPORTANT: PLEASE READ CAREFULLY:
o Introduction.
We desire a reputation for excellent quality,
service and
overall customer satisfaction. Even as you
read this
agreement and see the things that we do and do not
promise,
we encourage you to observe our behavior and judge
for your
own satisfaction how well we achieve these high
goals.
It should be obvious that our best interest is
fulfilled
by providing you the best overall experience
possible.
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 it's 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.
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.
o 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", "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 site" or
"our web
site" shall refer to ay portion or totality of any
web site
or domain registered to, owned and or operated by us.
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.
This agreement supersedes any prior version
thereof. Any rights,
privileges or considerations previously thought or
construed to
be held by you (licensee) under any previous version
of this
agreement are null and void unless specifically
upheld within
this version. Any obligations or duties to
which you agreed
under any previous version still stand unless
specifically
modified or canceled herein.
This agreement shall be under the jurisdiction of
the State of
California, USA. This agreement shall be construed,
interpreted
and applied in accordance with the internal laws of
said
jurisdiction, excluding any of said jurisdiction's
body of law
controlling "conflict of law". If any clause
or statement
herein is not allowed by said jurisdiction then the
rest of this
agreement shall remain intact in such way as to
preserve the
rights of the software owner to the fullest extent
possible.
If in any particular circumstance the fullest extent
of any
clause in this agreement is in any way disallowed or
mitigated
by court action of said jurisdiction then for all
remaining
circumstances said clause shall stand to the fullest
extent
allowed by said 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 specified that paragraph
headers shall
impart special meaning then the impartation of
special meaning by
paragraph headers shall be limited to those places
specified, and
no other paragraph headers shall be considered to
impart special
meaning.
o Using.
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
distribution rights).
o 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
"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.)
o 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 as explicitly
allowed
elsewhere in this agreement. Furthermore, any
shareware
distribution distributed must be no more than two
months
older than the version posted on the InspiredCode
site; or
in the case of pressed (stamped as opposed to
"burned")
optical discs, no more than two months older than the
version posted on the InspiredCode site at the time
of the
creation of its original disc master (such as glass
master).
o Additional Resources.
Any additional resource distributed by or on behalf
of
InspiredCode as pertaining to said program that is
not
contained within said shareware distribution shall be
nonetheless considered as a part of the "software
product",
and any use thereof is also bound by the terms of
this EULA.
This package may be distributed bundled with certain
materials
that are public domain, Creative Commons and or
GNU. The
presence of such materials is provided for your
convenience,
so that you would not be required to search for
them. 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# bear a
prefix of
"ID#ABCD-" where ABCD is the ID#. You agree
that
creating packages for use with HGO whose names begin
with
this 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 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.
o Legal Warning.
Any use of this software product that is outside of
this EULA
or in violation of the terms thereof is subject to
diligent
prosecution through any means necessary or otherwise
including
but not limited to one or more witnesses, the local
church
or denominational leadership, any number of civil
and or
criminal cases before secular court of law, mass
media
distributions and or television tabloids. Such
prosecution
may also include customs seizure, federal
prosecution for
cyber-terrorism, civil punitive damages and or
international
sanctions, extradition and prosecution, depending
upon the
nature and scope of such crimes and or
violations.
o 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 the preceding
paragraph. Other terms
and or clarifications of terms may seem necessary to
us as time
goes on. You agree to be bound both by this
version of the
HGO EULA and by its latest version posted at each
future
time on the InspiredCode site. If any latest
version does not
specifically grant you permissions, rights or
privileges then such
permissions, rights or privileges shall be
considered revoked.
No understanding, misunderstanding, loophole or
misconstruing
of terms that would seem to indicate otherwise shall
stand.
Definitions of terms and conditions shall be
according to the
latest version. To comply with this
requirement, you agree to
check for a latest version any time you do something
regarding
HGO that may have legal ramifications including but
not limited
to creating, posting and or distributing HGO
compatible materials.
o Strictly As Is.
This software product is licensed AS IS. No
warrantee is made,
and 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. Furthermore,
you alone will
bear the responsibility for any damages or
inconveniences
resulting from the use or misuse of this
software. You
absolutely 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 to any and or all use, misuse and or
access to this
software product, (or any lack thereof), taking upon
yourself
any and all such blame and or legal responsibility
for your
use and or misuse thereof, even if the software
product's author
and or distributor and or software rights owner has
been advised
of the existence or possibility of such problems.
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.
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 our
HGOUsers
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.
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 are advised
nonetheless to evaluate its relevance to your needs
or interests
before making any purchase.
Except as specifically ordered by court of said
jurisdiction,
no conjecture, future expectation or expression of
any desire,
hope, want, wish or other such attitude or feeling
communicated
by us be construed to indicate any form of promise,
assurance or
obligation on our part, whether communicated herein,
on our web
site, emails, documentation, advertising or any
other form of
communication from us.
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.
Therefore you are encouraged to obtain a contract
with your
copyright holders that provides indemnity (holds you
blameless)
when you exercise all foreseeable and reasonable due
diligence to
prevent any such loss. 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.
We disavow, disclaim and totally reject any
responsibility,
accountability or liability for any actions (or lack
thereof),
claims or representations of others (especially
including but not
limited to any or all entities who may use our
products, services,
resources and or software, or anything else either
directly or
indirectly pertaining to, related to or associated
with us.
Anything you do (or don't do) relating to any or all
of the above
is strictly and solely at your own risk. You
agree to indemnify
and hold us blameless in regard to any or all of the
above.
If any data in your PC is lost or damaged due to any
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 when
arising from using the Software package on any PC.
We use third party e-commerce providers to collect
credit card
payments. That way we manage 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 fo 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. You agree to
hold us blameless
for any unauthorized, illicit, abusive and or
illegal use or
misuse of any of your personal information.
Except as stated explicitly therein, any similarity
between any
characters or situations within any hypothetical
example or
narrative and any actual person, living or dead, is
strictly
coincidental and shall not be construed as any real
reference.
o 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,
trademark rights and or patent rights.
InspiredCode is a registered trademark and as such
is an
intellectual property asset. By 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 or
may not
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.
o DMCA.
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.
o 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
the law."
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
infringed."
8. Sign the paper.
9. Send the written communication to the following
address:
InspiredCode
Attn: DMCA Agent
10001 N. McLennan Ave.
North Hills, CA
OR email to:
OR email to:
abuse@inspiredcode.net
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.
o 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:
http://www.chillingeffects.org/dmca/counter512.pdf.
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 California,
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
person.
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:
InspiredCode
Attn: DMCA Agent
10001 N. McLennan Ave.
North Hills, CA
OR email to:
abuse@inspiredcode.net
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
infringing content.
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.
o 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
FOLLOWING:
1. REFRAIN FROM PURSUING ANY LEGAL ACTION
REGARDING
SAID INTELLECTUAL PROPERTY
EXCEPT AS REQUIRED TO
PERFORM THE TASKS SPECIFIED
BY STEPS 2 THROUGH 5
BELOW.
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
PROVISIONS.
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
VERSION THEREOF.
o Patents.
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.
o 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 wish to provide continuing
operation, since
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.
o Revocation.
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 license this 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 decicive
action.
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.
If you find out about any profane, blasphemous,
hate-crime 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 to make
the world
a horrible place for my own family.
If someone merely posts a downloadable package that
works
with HGO, I have already given permission to do so
without
needing a studio license. If their usage is of
a questionable
nature, in such case please understand that the
message of the
demo song of HGO will reach down into the abyss of
their
despair with a message of God's love for them.
But if they circumvent the demo song or cross the
line into
something really horrible we have already reserved
the right
to deal with it, strictly at our own discretion.
o No hacking.
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 furthermore agree not to hack, pervert or
otherwise alter
the demo materials herein, and you agree not to use
this
software product for anything satanic, cruel,
illegal, hateful,
immoral or otherwise anti-Christian. If you
are caught using this
software product in any of these forbidden ways you
agree
to whatever punitive damages the courts may choose
to allow,
as well as any possible criminal prosecution for
hate-crimes.
You agree that by creating materials compatible with
InspiredCode
Home Group Overhead, you are invoking the public
name, good
will and reputation of InspiredCode, and anything
you publish for
use with HGO represents an impingement upon the
trademark of
InspiredCode, the maker of Home Group Overhead.
You agree that you will not allow any HGO compatible
content
to be distributed that is against these
guidelines. 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.
You agree to hold us blameless regarding any
electronic means
whereby we could 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-
terrorism.
These are the terms to which have herein agreed as
of the first
usage of HGO, even if you thereafter might create
compatible
materials through other means. If you enable
other(s) to create
HGO compatible materials then you agree to be held
responsible
for their materials. You agree to allow and or
provide access to
any and all records (digital and otherwise)
necessary to prove any
connection between you and any work you may have
enabled.
o Protected.
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
allowed herein.
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
program.
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.
o 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
(above).
o 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.
o 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 HOPE you get better
use than that
if you so desire, according to the limits for your
type of
license. "But what if I want to transfer my
license to
another?", you may ask. 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 of such license. Our
obligation
toward a purchased license dies as of the first
deployment
thereof. But our concern may last until the
Lord comes.
While not promising anything, we do hope to acquire
a good
reputation. Therefore upon transfer of license
you must
explain to the receiver of such license how to go
about
seeking a successful deployment of such license.
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) California
law, 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.
Without said complete transfer you are still totally
responsible
for anything done under your own StudioID. If
a hate-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.
o Additional terms.
You agree to be bound by such terms as are required
in or by
any and all mechanisms of access to any portions or
totality
of the software product. Your acceptance of any
terms in order
to gain access to any portion of software product
shall be
permanent. Such additional terms might be
"late-bound"
inclusions discovered as necessary for materials
important
and or supplemental to the most basic program
configuration,
and or may be aspects of respect for intellectual
property
rights of others who may contribute toward the
collection of
materials available as pertaining to the software
product.
If you don't want to enter into any additional terms
then
don't open packages whose access is bound by such
terms.
If you gain access to materials bound by terms and
then
violate said terms then you will have violated this
EULA.
You agree than 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.
o 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.
o 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 has distinct technical
capabilities.
In addition to the license levels, there are also
license
types that pertain to certain user types.
o License Levels.
Registering a license does not grant any rights or
privileges,
but often may technically provide access to certain
features.
Here is a listing of the different license levels,
along with
an indication of various differences in
intent. For (only)
the license levels below, the paragraph header
specifies the
license level being discussed. 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 below. No assurance is given
regarding any
features, functionality or fitness of
software. These
descriptions are given for information purposes
only, strictly
for the sake of helping to clarify a distinction
between the
terms "license levels" and "license types".
o HGO Classic:
This is essentially the old black and white
HGO. No pictures,
no movies, less menu options and no studio features.
o HGO Picture:
This is the same as HGO Classic, but it provides for
having
beautiful pictures showing behind the words being
displayed.
o HGO Movie:
This is the same as HGO Picture, but it provides for
having
movie loops showing behind the words being displayed.
o HGO Pro:
This is the same as HGO Movie, but it also but it
provides for
using powerpoint (and html) slides. It also
has more menu
options. This license level is intended to fit
the needs of
churches and other similar organizations.
o HGO Studio:
This is the same as HGO Pro, but it also provides
features
designed to facilitate the making of packages for
use with HGO.
o HGO StudioID:
The StudioID is not a license level in the the same
way that all
the license levels above are. In actuality,
the StudioID represents
a unique relationship, a special agreement held
between certain
Studio License Level users and InspiredCode.
InspiredCode does not guarantee the wholesomeness of
any HGO
based media materials, but we DO have our own
desires and our
own expectations about the wholesomeness of any HGO
based
package that my own family might view. Any
chance of our
realizing those expectations requires that we
reserve the right to
refuse service to anyone, for any or no reason at
all. Therefore,
the StudioID is by invitation only. Each
time you activate a
Studio Level license to the HGO program, you may be
given a
link to a form you can fill in to request an
invitation. You agree
that such form does not promise an invitation, but
merely lets us
know that you have an interest in being invited,
just in case we
might choose to do so. 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 desire to
participate.
For informational purposes only, you might be
pleased to know
that our desire is for many, many, many StudioIDs to
be assigned.
If you think we really wanted to invite you but
somehow forgot,
please remind us, so that we might do so (at our
sole discretion).
The prohibition against packaging HGO with any other
package
may be mitigated by a signed StudioID agreement made
between
the StudioID holder and InspiredCode. In such
case the StudioID
holder may be allowed to include a "shareware
distribution" of
HGO on a physical disc along with Audio and or media
package.
In such case said disc could be distributed, but the
copyright
notices provided therewith would have to keep from
misleading
customers into thinking that said entity owned the
software
product. In such case the copyright notice
should say that the
software product is licensed to said entity and is
used by
permission, all rights reserved. If any
violation of intellectual
property rights is performed, caused and or embodied
by said disc
and or media package then said studio license may be
revoked
without refund. Revoking any Studio License
also revokes any
StudioID based upon such Studio License.
o User Types/License Types.
There are three user types for Home Group
Overhead. When a
license is obtained, the registration process
includes the
selection of which license type/user type.
This is more than
just a registration data detail. It will
determine the kind
of license plan in effect. Here is a list of those
three types,
along with specific allowable usage details under
each type.
For the license types below, the paragraph header
specifies the
license type being discussed.
Only one license plan can be in effect for any
license purchase.
Once a particular purchased license has been issued
under a
certain plan (user type), that license should be
considered
locked in for the life of that purchased license
(even if it
has been transfered). Except for the fact that
an upgrade
purchase retains the same User-Type as a
prerequisite license
purchase upon which said upgrade purchase is based,
there is
no requirement for any new license purchase to be of
the same
User-Type as any old license purchase.
At our sole discretion we may choose to allow you to
change the
type of license plan (User-Type) in effect for your
license
purchase. If our on-line form and
corresponding web scripts
allow you to be successful in changing the User-Type
(as
indicated by provision of new license code thereby)
then you
may consider such as permission to do so according
to our sole
discretion. In such case you must notify all
who would use
said license on your behalf of such change, and you
must
immediately destroy any and all copies or instances
of said
license purchase that are not in compliance with the
terms
specified below for the new license plan (User-Type)
of your
license purchase.
o Person.
Under the "Person" user-type license:
License cannot be installed onto more than 3
machines at once.
License cannot be run on more than one machine at
once. Each
machine must belong to you or be permanently
assigned to you.
You must be present most (over 80%) of the time such
machine
is run. All other aspects of software product
EULA are still
in effect. If a machine will no longer be
yours then you must
remove license from it before you relinquish control
of such
machine.
o Home Group.
Under the "Home Group" user-type license:
License cannot be installed onto more than 3
machines at once.
License cannot be run on more than one machine at
once. A
member of the home group (on behalf of whom it is
licensed)
must be present when license is run. All other
aspects of
EULA are still in effect. Before getting rid
of such machine
the license must be removed from it. The
licensee is responsible
for usage, even by their own trusted home group
member.
o Organization.
Under the "Organization" user-type license:
License cannot be installed onto more than 3
machines at once.
License cannot be run on more than 3 machines at
once. The
license must be run at the registered address of the
organization (on behalf of whom it is
licensed). All other
aspects of EULA are still in effect. The
licensee is responsible
for usage, even by their own trusted organization
member.
Before getting rid of such machine the license must
be removed
from it.
If you need wider terms than these three plans allow
then your
needs may be best served by obtaining more than one
license.
o This concludes this End User License Agreement.
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