|
ScreensaverWorld FLASH License Agreement
|
This is a legal agreement between you and ScreensaverArtist.com & TopThinks Inc.. By installing or using any part of the ScreensaverWorld FLASH days Evauaton Version(the 'Software') you agree to be bound by the terms of this Software License Agreement. If you do not agree to all of the Agreement terms below, then you must not proceed to use or install the Software.
|
[1] GRANT OF LICENSE FOR 15 DAYS
|
This ScreensaverWorld FLASH license agreement ('Agreement') grants you a non-exclusive license to install the Software on one or more of your own computers, and to use the Software for a period of 15 days from the date that you first installed it. Once this 15-day period has expired, you must either purchase a permanent license to use the Software, or promptly destroy all copies of the Software in your possession.
Unregistered use of this Software after the 15 day evaluation period is in violation of U.S. and international copyright laws.
|
[2] RESTRICTIONS
|
You may not disassemble, modify, reverse-engineer, adapt, decompile, translate or create derivative works based upon the Software or the Documentation or any part thereof in any way whatsoever without the written consent of ScreensaverWorldFLASH.com & TopThinks Inc.
Except as expressly permitted in this Agreement, you may not separate any parts of the Software for use on more than one computer.
You may not lease, rent, assign, sell, resell or otherwise transfer any of the 15 days licensing rights in the Software to any other person or parties whomsoever.
You may not use the Software or Documentation for any use prohibited by the law.
|
[3] COPYRIGHT
|
All patents, copyrights, trademarks, trade secrets and other ownership rights in the Software are and shall remain in ScreensaverWorldFLASH.com & TopThinks Inc. or third parties with which ScreensaverWorldFLASH.com & TopThinks Inc. has licensing arrangements. The source code of the Software and all information regarding the design, structure or internal operation of the Software are valuable trade secrets of ScreensaverWorldFLASH.com & TopThinks Inc. or third parties with which ScreensaverWorldFLASH.com & TopThinks Inc. has licensing arrangements ('Confidential Information').'Confidential Information' shall not include information which otherwise would be Confidential Information to the extent that such information was publicly known prior to the time you received it, or became known to you through no violation of any of your, or others', confidentiality obligations to any other party regarding the Software.To the extent, if any, to which you may have received or obtained any Confidential Information, you shall not sell, transfer, publish, disclose, display, or otherwise permit access by any third party to, the Confidential Information.
You shall ensure that any copies of the Software that you make or have made pursuant to this Agreement bear all copyright and other proprietary notices contained in or affixed to the copy or copies of the Software as created and packaged by us.All rights of any kind in the Software which are not expressly granted in this Agreement are entirely and exclusively reserved to and by ScreensaverWorldFLASH.com & TopThinks Inc..
|
[4] DISCLAIMER OF WARRANTIES AND LIABILITY
|
All materials provided by ScreensaverWorldFLASH.com & TopThinks Inc., including but not limited to the software, are provided to you 'as is' without warranty of any kind. Further, ScreensaverWorldFLASH.com & TopThinks Inc.. Does not warrant that any such materials will meet your requirements, or that the operation of such materials will be uninterrupted or error free. The entire risk as to the results and performance of such materials is assumed by you.if any such materials are defective you, and not ScreensaverWorldFLASH.com & TopThinks Inc. Or its dealers, distributors, agents, or employees, assume the entire risk of such defect(s), and the entire cost of all necessary servicing, repair, or correction.
Without limiting the above, there is no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, made by ScreensaverWorldFLASH.com & TopThinks Inc., on any materials provided by ScreensaverWorldFLASH.com & TopThinks Inc. Including but not limited to this software. No oral or written information or advice given by ScreensaverWorldFLASH.com & TopThinks Inc., its dealers, distributors, agents or employees shall create a warranty and you may not rely on any such information or advice. You may have other rights which vary from state to state.
Neither ScreensaverWorldFLASH.com & TopThinks Inc., nor its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, nor anyone else who has been involved in the creation, production or delivery of any materials provided by ScreensaverWorldFLASH.com & TopThinks Inc., including but not limited to this software, shall be liable for any indirect, consequential, incidental or punitive damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use or inability to use such materials, even if ScreensaverWorldFLASH.com & TopThinks Inc. Has been advised of the possibility of such damages.
|
[5] LIMIATATION FO LABILITY
|
Your use of the Software is entirely at your own risk. Under no circumstances shall ScreensaverWorldFLASH.com & TopThinks Inc. or its agents be liable to you on account of your use or misuse of, or reliance on, the Software. To the extent permitted by law, in no event shall ScreensaverWorldFLASH.com & TopThinks Inc. or its agents be liable for any indirect, special, consequential, incidental or punitive damages whatsoever (including, without limitation, damages for loss of business profits, business interruptions, loss of business information, or other pecuniary loss) arising out of the use of or inability to use the Software, even if screensavertime.com has been advised of the possibility of such damages.
|
[6] TERMINATION
|
This Agreement is effective until it is terminated. You may terminate this Agreement at any time by destroying all copies of the Software and documentation in your possession or under your control. ScreensaverWorldFLASH.com & TopThinks Inc. may terminate this Agreement at any time, for any reason, including if ScreensaverWorldFLASH.com & TopThinks Inc. finds that you have violated the terms of this Agreement. Upon termination of this Agreement all license rights granted to you shall immediately terminate. All other provisions of this Agreement shall survive such termination.
|
[7] MISCELLANEOUS
|
This Agreement is the entire agreement between you and ScreensaverWorldFLASH.com & TopThinks Inc. with respect to the license of the Software, and supersedes any previous oral or written communications or documents (including, if you are obtaining an update, any agreement that may have been included with the initial version of the Software). This Agreement will be governed by the laws of U.S. and the U.N. Convention on Contracts for the International Sale of Goods. If any provision of this Agreement is found to be invalid or unenforceable, it will be enforced to the extent permissible and the remainder of this Agreement will remain in full force and effect. Failure to prosecute a party's rights with respect to a default hereunder will not constitute a waiver of the right to enforce rights with respect to the same or any other breach.
|
ScreensaverWorldFLASH.com & TopThinks Inc.
|
|
