OAR Software Agreement

This Software License Agreement (“Agreement”)  is made as of the Effective Date, as defined below, by and between Fedora Prime LLC, a Limited Liability Corporation (“Vendor”) and the user (“Licensee”), collectively referred to as the (“Parties”). 

  1. License
    1. Under this Agreement, Vendor grants to Licensee a non-exclusive and non-transferable license (“License”) to use Opensimulator OARs purchased from Fedora Prime LLC and/or any authorized third party (“Software”).
    2. “Software” includes the Opensimulator compatible OAR, the source code (“Scripts”), content (“Content”) and any related printed, electronic and online documentation and any other files that may accompany the product.
    3. Title, copyright, intellectual property rights and distribution rights of the Software remain exclusively with the Vendor. Intellectual property rights include the look and feel of the Software. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Software.
    4. This Agreement grants a site license to the Licensee. The Software may be loaded onto a maximum of one opensimulator region (“Region”).
    5. The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the Software for use by one or more third parties.
    6. The Scripts may not be modified, reverse-engineered, de-compiled, or reused in any manner through current or future available technologies.
    7. The Content may be modified and/or customized (“Alter” or “Alteration”) by Licensee as they see fit for their own personal use. Such Alteration shall not be considered a modification, addendum or any other means of subverting the Agreement. The licensing module, if included, must be included in any Alter version of the OAR and is subject to the same License as the original OAR.
    8. Software may be used on the game engine (i.e. Opensimulator, Second Life, etc.) that it was intended for at the time of Acceptance only.
    9. Licensee understands and agrees that the person known to the Opensimulator Community as Cuteulala Artis aka Apollo Smile (“Creator” or “Original Copyright Holder”) is NOT and has never been unauthorized to sell or otherwise distribute any OARs containing our Scripts whether current or future adaptations, revisions, updates, etc. and doing so is in breach of our Intellectual Property (“IP”) rights. The original copyright purchase was a lifetime agreement & we own all rights to any Roller Coaster or Theme Park related LSL / OSSL code written by her now or in the future. Licensee agrees to report such unauthorized distribution to the Vendor immediately as defined below under “Notices”. 
    10. Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement and may result in litigation, including but not limited to takedown notices being issued in accordance with the Digital Millennium Copyright Act (DMCA). Vendor reserves all legal remedies available to them should such a breach occur and Licensee acknowledges and agrees that Vendor electing to not exercise such an option in no way invalidates or alters this agreement or otherwise limits the scope or rights of the Agreement or the Vendor in whole or in part.
  2. Effective Date
    1. “Effective Date” for the purposes of this Agreement is defined as the 6th day of August in the year 2019. 
    2. Agreements made with the person known to the Opensimulator Community as “Cuteulala Artis” aka “Apollo Smile” aka “[email protected]” made prior to the Effective Date in regards to the Software commonly known as “Cuteulala Park” may be renegotiated with Vendor on request, however Vendor is under no obligation to honor any agreements made prior to its acquisition of the copyright to Software on the 14th day of October in the year 2016 (“Acquisition” or “Acquisition Date”).
  3. Acceptance
    1. All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee (“Acceptance”) on receipt of the OAR and/or by loading the OAR into a Region and/or by continuing to use the Software past the Effective Date whichever is later.
      1. If Licensee does not agree to these terms any and all copies of Software must be destroyed immediately. 
  4. License Fee
    1. The original purchase price paid by the Licensee will constitute the entire license fee and is the full consideration for this Agreement.
      1. Purchases made of unauthorized copies distributed by Creator and/or any other known or unknown Third Parties from the date of Acquisition shall be considered zero dollar ($0.00) purchases as they were not authorized, were sold in breach of our agreements with Creator when the copyright was purchased, were sold without our knowledge or consent, we received no compensation for them and they are in violation of our Intellectual Property (IP) rights.
  5. Limitation of Liability
    1. The Software is provided by the Vendor and accepted by the Licensee “as is”. Liability of the Vendor will be limited to a maximum of the original purchase price if purchased directly from Vendor after the date of Acquisition of the Software. The Vendor will have no liability whatsoever for any unauthorized distribution of the software that occurred past the date of Acquisition, including but not limited to support or refunds. The Vendor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Software.
    2. The Vendor makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee.
    3. The Vendor does not warrant that use of the Software will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry.
  6. Warrants and Representations
    1. The Vendor warrants and represents that it is the copyright holder of the Software. The Vendor warrants and represents that granting the license to use this Software is not in violation of any other agreement, copyright or applicable statute to the best of its knowledge. 
      1. Vendor may on occasion use content found through Third Parties (i.e. the Opensimulator “hypergrid”) under the understanding that the third party it was obtained from was and is licensed to distribute such content. Vendor expressly waives any and all liability and Licensee deems to hold Vendor harmless should such content contained within the Software be found to be in violation of any other copyright, agreement or applicable statute.  
  7. User Support
    1. The Licensee will be entitled to one (1) year of email, real-time chat, phone/voice chat, and/or in-world support available during normal support hours stated on our website, at no additional cost, from the date of Acceptance. Hours of operation and methods of contact may be changed by Vendor with or without notice at Vendor’s sole discretion.
    2. The Licensee will be entitled to maintenance upgrades and bug fixes, at no additional cost, for a period of one (1) year from the date of Acceptance.
  8. Term
    1. The term of this Agreement will begin on Acceptance and is perpetual.
  9. Termination
    1. This Agreement will be terminated and the License forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will promptly destroy the Software.
  10. Force Majeure
    1. The Vendor will be free of liability to the Licensee where the Vendor is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Vendor has taken any and all appropriate action to mitigate such an event.
  11. Refunds
    1. Due to there being no way for Vendor to reclaim Software past the Acceptance date, all sales are final.
  12. Governing Law
    1. You agree that any and all claims arising out of or related to this Agreement, including its validity, interpretation, breach, violation, or termination, shall be brought in the exclusive forum of the state or federal courts located in Garland County, Arkansas, United States of America and pursuant to Arkansas law. The Parties expressly consent to personal and subject matter jurisdiction in this forum. The prevailing party is entitled to payment of its costs, expenses, and attorney fees by the non-prevailing party for actions, disputes, or litigation arising out of or related to this Agreement. This Agreement is deemed to have been negotiated, executed, and performed exclusively within Garland County, Arkansas. LICENSEE UNDERSTANDS AND AGREE THAT ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT BROUGHT AGAINST VENDOR MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE ON WHICH THE DISPUTE AROSE. 
  13. Miscellaneous
    1. This Vendor reserves the right to modify, amend or alter this agreement at any time. Should such an event occur, an announcement will be placed on our official website https://ThatPlace.online and/or we will make a best effort attempt to contact the Licensee via the contact information we have on file. Licensee accepts responsibility to check the website for such updates and to keep their contact information up to date via our website.
    2. This Agreement does not create or imply any relationship in agency or partnership between the Vendor and the Licensee.
    3. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.
    4. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties’ intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
    5. This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.
    6. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Vendor’s successors and assigns.
  14. Notices
    1. If any notification is required under this Agreement or by law, such notification shall be deemed reasonably and properly given as detailed below:
      1. Vendor, notice effective the day it is delivered by certified mail, return receipt requested, to Vendor’s registered agent at the following address and/or effective the same day if delivered via email to [email protected]

Fedora Prime LLC
ATTN: Legal Department
215 Highway 290 Suite #30
Lake Hamilton, AR 71913

  1. Licensee, notice effective the same day it is delivered by email and/or in-world notecard to the email and/or user account on file.