End-User Licence Agreement (EULA)

Parties and Applicability

This End-User Licence Agreement aka EULA (the Agreement) - is a legal agreement between you (the End-User) - and Laird Shaw (the Developer), who is the author and copyright-holder of the licensed software. Should the Developer transfer copyright of the licensed software to another party, then that party will take his place in this agreement. By downloading or otherwise acquiring the licensed software, you enter into this Agreement. The applicability of this Agreement to any given package of licensed software of the Developer's is indicated on the web page promoting and/or selling that software. For clarity, it currently applies to:

• MyConversations.
• MyGallery.

Precondition for Use

Your right to use the licensed software is subject to your having entered into a valid, legal agreement to acquire it from the Developer, namely:

• By paying for it an amount agreed to by the Developer (a sale), or,
• By the Developer explicitly, in writing, granting you an in-kind agreement for its use, including - but not limited to - an agreement to provide you with the use of the software in exchange for your trialling it and providing feedback (an in-kind exchange), or,
• By the Developer explicitly, in writing, granting you the use of the software for free, without either financial or in-kind compensation (a free grant).

If you have not entered into such an agreement with the Developer, then you do not have the right to use the licensed software.

Terms of Use

You are granted a revocable, non-exclusive, non-transferable (with the transfer exception below) right to use the licensed software. You are not granted any ownership over, nor copyright in, the licensed software. The licensed software remains the intellectual property of the Developer, and the Developer reserves all rights in the licensed software not explicitly assigned to you in this Agreement.

You are granted the right to use the licensed software on one production website only, unless the terms of (as listed above) sale, in-kind exchange, or free grant stipulate otherwise, and then only in accordance with those terms. For clarity: unless those same terms state otherwise, a second sale to you of the licensed software under one-production-site-only terms permits you to use it on a second production website; a third sale, on a third production website; etc.

You may, however, additionally install the software on any local or development websites necessary for developing and testing your production website, so long as the software is used on those sites only for development and testing purposes, and not for end-user purposes, where end-users include but are not limited to local, internal, and corporate users.

You are granted the right to modify the software as you see fit.

You are prohibited from distributing the software - whether in its original form or as modified by you, and whether freely or commercially - without the Developer's explicit, written consent.

You may not transfer to any other party these usage rights assigned to you under this agreement except if you transfer ownership of your website(s) on which the licensed software is legitimately installed to another party or parties, in which case you may choose to transfer your rights under this EULA to that party / those parties, with your rights to use the licensed software on any other website(s) being correspondingly revoked unless/until you reacquire them by another sale, in-kind exchange, or free grant.

MyGallery-Specific Terms of Use

At all times, MyGallery may only be used to display non-objectionable content, where a determination of objectionable content is at the sole discretion of the Developer. Examples of objectionable content include:

• Non-consensual sexual imagery.
• Images glorifying violence or crime.
• Images promoting animal exploitation including animal agriculture.

Revocation

This Agreement is terminated, and all of your rights under it revoked, if you breach the Terms of Use above, namely by:

• Using the licensed software on more than the permitted number of production websites, and/or,
• Using the licensed software for end-user purposes on a local or development website, and/or,
• Distributing the software without the Developer's explicit, written consent.

Disclaimer of Warranty and Liability

Although he has taken reasonable efforts to ensure that the licensed software is safe and fit for purpose, the Developer disclaims, to the extent possible by law, any warranty for the licensed software, and any liability for any damage that it might cause. The licensed software is provided to you as-is, and you, the End-User, install and use it at your own risk.

Jurisdiction

The legal jurisdiction under which this Agreement is made is the state of Queensland, Australia. You, the End-User, agree that any disputes related to this EULA will be handled and resolved under the laws of that jurisdiction.