N 9. Terms and Conditions

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N° 9

Terms and Conditions

N° 9 is an interactive feature set for Second Life® avatars, which includes, but is not limited to, LSL scripts, sounds, images, particles, animations and 3D models.

By using N° 9, you are conﬁrming your acceptance of the N° 9 feature set, and all it includes, and agree to become bound by the terms of the software licenses, EULA agreements, and other terms speciﬁed and linked in this document.

Open Source LSL Scripts

Each LSL script is its own program and compiles individually. All of the free and open source scripts are licensed under the GNU General Public License, version 2, and distributed with "Full Permissions" on Second Life® with all source code in human readable form. Every open source script has a copyright header where the authors are listed in alphabetical order year by year.

Proprietary LSL Scripts

Sounds and Particles

Digital media that is linked in the free and open source licensed scripts in the form of unique database identiﬁers as they appear in the Second Life® inventory asset database can be used freely on condition that authorship is noted. This addresses all sounds and particle textures, which are either re-mixes of public domain resources, or original creations by Wendy Starfall.

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Animations

The stock selection of poses in N° 9 are licensed for use in N° 9 products only. These poses can be distinguished by checking for limited digital rights (i.e. "No Modify"

permission) and if Grey Mars or Wendy Starfall are listed as the creators.

Selected collars may also include custom animations by Ash Ellsberg and licensed animations by other artists who retain the copyright, and other intellectual property rights of whatever nature, to their own digital media.

Announcements

When using N° 9 you will occasionally receive announcements.

Announcements may include, but are not limited to, links to blog posts, promotional offers, product releases, or invitations to interesting events and community gatherings.

We may also send announcements addressing social issues and important causes.

Announcements are displayed and formatted through our billet-doux feature.

Billets-doux are short text notices that are no greater than 512 characters in length, which appear as LSL menu dialog or "pop-up" while you are currently logged into Second Life®.

This pop-up can be dismissed by clicking the button with the ♥ (heart) symbol.

This feature does not use any personally identifying information, or store any such data.

It is not a mailing list. You will never receive announcements in your e-mail or push notiﬁcations.

Every new announcement is received only once per each individual copy of the item that is creating the LSL menu dialog. The settings of billet-doux are not networked and can't be distributed to other copies of the same item, meaning that enabling and disabling has to be done again for new copies of the item.

Billet-doux can be disabled in attached items by posting the following command to the Second Life® viewer's Nearby Chat: /301 announcements off

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Privacy

N° 9 does not acquire or store any kind of personally identifying information.

It may include links that point to services or websites outside of Second Life®.

Please be aware that we are not responsible for the privacy practices of other services.

We encourage you to read the privacy statements of every service you use, and every website you visit, as this particular privacy statement applies solely to our feature set.

Neither email addresses or account credentials will ever be requested by us.

Other Parties

Some elements of N° 9 can be utilized by other parties in the creation of similar products.

Licensed other parties may in some cases market their products as "N° 9". Please be aware that this document speciﬁes the terms and conditions of our items, and that other parties may include additional terms and conditions for their own items.

Brand Names and Logos

You are not granted any trademark rights or licenses to the trademarks of Wendy Starfall or any party, including without limitation the "Bleeding Heart" visual mark, N° 9 (and all it includes), and the Temple of the Collar names and logos.

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Features by Wendy Starfall End-User License Agreement

This End-User License Agreement (“EULA”) is a legal agreement between you and Wendy Starfall.

This EULA agreement governs your acquisition and use of Features by Wendy Starfall (“Features”) from an authorized reseller or distributor on the Agni and Aditi Second Life®

grids.

Please read this EULA agreement carefully before using the Features. It provides a license to use the Features and contains warranty information and liability disclaimers.

If you use a beta or trial version of the Features, this EULA agreement will also govern that type of version. By using the Features, you are conﬁrming your acceptance of the Features and agreeing to become bound by the terms of this EULA agreement.

If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its aﬃliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not use the Features, and you must not accept this EULA agreement.

This EULA agreement shall apply only to the Features supplied by Wendy Starfall herewith regardless of whether other features are referred to or described herein. The terms also apply to any updates, supplements, online services, and support services for the Features, unless other terms accompany those items on delivery. If so, those terms apply.

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License Grant

Wendy Starfall hereby grants you a personal, non-transferable, non-exclusive license to use the Features on the Agni and Aditi Second Life® grids in accordance with the terms of this EULA agreement.

You are permitted to acquire the Features under your control on the Agni and Aditi Second Life® grids. You are responsible for ensuring your device (PC, Mac, smartphone, tablet, etc.) meets the minimum requirements to make use of the Features.

You may use an unlimited number of copies of the Features and make multiple backup copies of the Features, solely for your personal use.

If the Features come included with items for Second Life® avatars (“Items”), and as long as the ﬁnal permissions of these Items technically permit it, you may stretch and resize the Items, change the Items' tint and textures, add animations, and add other types of compatible digital media to the Items.

You are not permitted to:

● Download the Features by any other means than the oﬃcial Second Life® viewer by Linden Lab® allows in regard to the Features’ permissions.

● Decompile, disassemble or reverse engineer the Features or attempt to do any such things.

● Reproduce, distribute, resell or otherwise use the Features for any commercial purpose.

● Allow any third party to use the Features on behalf of or for the beneﬁt of any third party.

● Use the Features in any way which breaches any applicable local, national or international law.

● Use the Features for any purpose that Wendy Starfall considers a breach of this EULA agreement.

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Intellectual Property and Ownership

Wendy Starfall shall at all times retain ownership of the Features as originally acquired by you and all subsequent redeliveries of the Features by you.

The Features (and the copyright, and other intellectual property rights of whatever nature in the Features, including any modiﬁcations made thereto) are and shall remain the property of Wendy Starfall.

Wendy Starfall reserves the right to grant licenses to use the Features to third parties.

The Features are protected by all applicable copyright laws and international treaties.

Updates and Support

Updates and technical support for the Features shall be provided at the sole discretion of Wendy Starfall.

Termination

This EULA agreement is effective from the date you ﬁrst use the Features and shall continue until terminated. You may terminate it at any time upon written notice to Wendy Starfall.

It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Features. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.

Jurisdiction

This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of the Republic of Austria, and each party consents to the jurisdiction thereof.

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Disclaimer of Warranty

WENDY STARFALL, AUTHORS AND ARTISTS OF THE FEATURES, HEREBY EXPRESSLY DISCLAIM ANY WARRANTY FOR THE FEATURES. THE FEATURES AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACCEPT ANY AND ALL RISK ARISING OUT OF USE OR PERFORMANCE OF THE FEATURES.

Limitation of Liability

WENDY STARFALL SHALL NOT BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH YOU ANY LOSS OF PROFITS, INCOME, SAVINGS, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGE, WHETHER ARISING IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. UNDER NO CIRCUMSTANCES SHALL WENDY STARFALL’S AGGREGATE LIABILITY TO YOU, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH YOU, EXCEED THE FINANCIAL AMOUNT ACTUALLY PAID BY YOU TO WENDY STARFALL FOR THE FEATURES.

Digital Media of Other Parties

Wendy Starfall reserves the right to remix and enhance the Features with the digital media (3D models, animations, texture maps, sounds, LSL scripts, etc.) of other parties, in which case those other parties retain the copyright, and other intellectual property rights of whatever nature, to their own digital media.

Entire Agreement

This EULA constitutes the entire agreement between Wendy Starfall and you and supersedes all prior understandings of Wendy Starfall and you, including any prior representation, statement, condition, or warranty with respect to the subject matter of this EULA.