IMPORTANT -- CONTINUING TO INSTALL THIS SCENE SAVER INDICATES AGREEMENT TO THIS LICENSE. YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE OPENING THE SOFTWARE PACKAGE, OR IF DOWNLOADED, BEFORE USING SUCH DOWNLOADED SOFTWARE. OPENING THE PACKAGE OR USING THE SOFTWARE, IF DOWNLOADED, MEANS YOU ACCEPT THESE TERMS AND CONDITIONS AND UNDERSTAND THAT THEY WILL BE LEGALLY BINDING ON YOU, ANY END USER, AND THE COMPANY. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, OR DO NOT WANT THEM TO BE BINDING ON YOU, YOU SHOULD PROMPTLY RETURN THE PACKAGE UNOPENED FOR A FULL REFUND OR DELETE THE DOWNLOADED SOFTWARE FROM ANY STORAGE MEDIUM THAT IT IS STORED ON.
OWNERSHIP
You acknowledge and agree that Scene Saver U.S.A., Inc. ("Licensor") is the owner of all rights, title and interest in and to the enclosed disks and/or the downloaded software, if downloaded, and the computer programs contained therein in machine readable object code form as well as the accompanying user documentation along with all subsequent copies thereof, regardless of the media or form in which they may exist (collectively the "Software"). The Software is protected by United States copyright laws and international treaty provisions, and this License Agreement does not convey to you any interest in or to the Software or any accompanying printed materials, but only a limited right of use and limited reproduction which is revocable in accordance with the terms of this License Agreement.
License
1 Grant of License. In consideration of the payment of a license fee established by Licensor or Licensor's authorized reseller, Licensor hereby grants and you accept a nonexclusive license to use the Software in accordance with the terms of this Agreement.
2 Storage and Use. You may use one copy of the Software on a single computer owned, leased, or otherwise controlled by you; or in the event of the inoperability of that computer, on a backup computer selected by you. You may also store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software on your other computers over an internal network: however, you must acquire and dedicate a separate license or multiple computer license for each separate computer or group of computers on which the Software is installed or run from the storage device. Neither concurrent use on two or more computers nor use in a local area network or other network is permitted without separate authorization and the payment of other license fees established by Licensor or Licensor's authorized reseller.
3 Reservation of Rights. All rights not expressly granted to you by this License Agreement are hereby reserved by Licensor.
4 No Disassembly. It is understood and agreed that you shall not copy the program into any machine-readable or printed form except for archival or for backup purposes in accordance with the terms of this Agreement, nor shall you reverse engineer, decompile, disassemble, translate, merge into another computer program, obscure or remove Licensor's copyright notice or otherwise modify the Software.
5 No Rental. You may not rent or lease the Software or any right or license granted under this Agreement.
6 Transfer of Software. You shall not sublicense, assign, or transfer the license or the Software or any rights under this agreement without the prior written consent of Licensor. Any attempt otherwise to sublicense, assign, or transfer any of the rights, duties, or obligations hereunder is void.
7 Updates and New Versions. In the event that updates or new versions of the Software are developed, Licensor may, at its discretion, make such updates and new versions available to you upon payment of any required fees, and return of the original Software to Licensor. If the Software is updated and made available to you, you may use the Software update in accordance with the terms and conditions of this License Agreement.
8 Authorized Copies. You may copy the Software onto a single computer storage device and you may retain the original Software for backup purposes. In addition, you may make one copy of the Software on recordable media for backup or archival purposes only. Any such copies of the Software shall include Licensor's copyright and other proprietary notices. Except as authorized under this Agreement, no copies of the Software or any portions, with the exceptions of screensavers produced by this software, thereof may be made by you or any person under your authority or control. You may not transmit, lease, rent, sell, assign or otherwise transfer the authorized backup copy to another user.
9 Term and Termination. This License Agreement is effective upon your opening the Software package, or its initial use if downloaded, and shall continue for a period of twenty-five (25) years unless terminated earlier in accordance with the terms herein. You may terminate this License Agreement at any time by returning the Software and all copies thereof and extracts therefrom to Licensor. Without prejudice to any other rights, Licensors may terminate this License Agreement if you fail to purchase an unlock code within thirty (30) days of downloading the Software or otherwise fail to comply with any terms and conditions of this Agreement. Upon such termination by Licensor, you must return to Licensor or destroy the Software together with all copies and all component parts.
10 Dual Media. You may receive the Software in more than one storage medium. You may only use one medium that is appropriate for your single computer. You may not use, copy, transmit, lease, rent, sell, assign or otherwise transfer the other medium to another user.
11 Limited Warranty. Licensor warrants the disks or medium on which the Software program is furnished to be free from defects in materials and workmanship under normal use for a period of thirty (30) days from the date of delivery to Licensee, as evidenced by your receipt. You shall assume responsibility for the selection of the Software and for the installation, use, and results obtained from the Software. The entire risk as to the quality and performance of the Software is with you.
THE PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.
12 Remedies. Licensor's entire liability and your exclusive remedy shall be: The replacement of any disk or medium not meeting Licensor's "Limited Warranty" above and that is returned to Licensor with a copy of your receipt; or if Licensor is unable to deliver a replacement copy that is free of defects in materials or workmanship in accordance with Section 3.8 (a), you may terminate this Agreement by returning the Software product for a full refund of the purchase price.
13 Limitations of Liability. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOST SAVINGS, OR OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF LICENSOR OR ITS AUTHORIZED DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. In any event, Licensor's cumulative liability to you or any other third party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the license fee paid by you to Licensor for the license and use of this Software.
14 Jurisdiction And Disputes. This Agreement and the Limited Warranty provide for herein shall be governed by the laws of California. All disputes hereunder shall be resolved in the applicable state or federal courts of California, and the parties consent to the jurisdiction and venue therein. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.
15 U.S. Government Restricted Rights. The Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights and 48 CFR 52.227-19, as applicable. Manufacturer is Scene Saver U.S.A., Inc., 4890 Niagara Avenue, San Diego, CA, 92107.
16 Integration. This Agreement constitutes the entire understanding of the parties relating to the license of the Software, and revokes and supersedes all prior agreements, oral or written, between the Licensor and you, and is intended as a final expression of the Agreement. It shall not be modified or amended except in a writing signed by an officer of Scene Saver U.S.A., Inc. and specifically referring to this Agreement. This Agreement shall take precedence over any other documents that may be in conflict therewith.
QUESTIONS
All questions concerning this Agreement may be directed to the manufacturer, Scene Saver U.S.A., Inc. at 223 North Guadalupe Street, Santa Fe, New Mexico, 87501, United States of America.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THESE SOFTWARE PROGRAM LICENSE TERMS AND CONDITIONS, UNDERSTAND THEM AND AGREE TO BE BOUND BY THEM.
Copyright (c) 1998 Scene Saver U.S.A., Inc., All rights reserved.
