home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
Saltwater Aquarium Video Screensavers
/
DSSaltwaterAqua.iso
/
EULA.txt
< prev
next >
Wrap
Text File
|
2004-08-04
|
7KB
|
121 lines
SELECTSOFT END USER LICENSE AGREEMENT
SINGLE-USER PRODUCTS
THIS IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR AN
ENTITY) AND SELECTSOFT PUBLISHING, AND ITS SUBSIDIARIES AND
AFFILIATES ("SELECTSOFT"). THIS AGREEMENT IS GOVERNED BY THE
INTERNAL SUBSTANTIVE LAWS OF THE STATE OF CALIFORNIA (AND NOT BY
THE 1980 UNITED NATIONS CONVENTION ON CONTRACTS FOR THE
INTERNATIONAL SALE OF GOODS, AS AMENDED). BY INSTALLING OR USING
THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS
AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT,
REMOVE THE PRODUCT FROM YOUR HARD DRIVE AND PERMANENTLY
ERASE ALL COPIES OF THE SOFTWARE. IF YOU ARE THE ORIGINAL
INSTALLER OF THE SOFTWARE YOU MAY PROMPTLY RETURN THE
SOFTWARE (INCLUDING PRINTED MATERIALS) WITH PROOF OF PURCHASE
TO THE PLACE WHERE IT WAS PURCHASED FOR A FULL REFUND OF THE
AMOUNT PAID OR STORE CREDIT (AS APPLICABLE).
SELECTSOFT SOFTWARE LICENSE
GRANT OF LICENSE. This License Agreement permits you to use one copy of
SELECTSOFT software (the "Software"), which may include electronic documentation, on a
single computer/workstation. The Software is "in use" on a computer when it is loaded into the
temporary memory (i.e., RAM or Cache) or installed into permanent memory (e.g., hard disk,
CD-ROM drive, or other storage device) of that computer. This License does not constitute a
sale and does not authorize a sale of the Software or anything created thereby. All intellectual
property (including copyright, trademark and patent) in the Software, including all animations,
audio, images, maps, music, photographs, video, and text incorporated into the Software, are
owned by SELECTSOFT and its affiliates, suppliers and licensors, and are protected by
United States laws and international treaty provisions. SELECTSOFT and its affiliates,
suppliers and licensors retain all rights not expressly granted. You must treat the Software like
any other copyrighted material, except that you may make one copy of the Software solely for
backup or archival purposes. You may transfer your rights under this Agreement on a
permanent basis provided you transfer the license granted by this Agreement, and the Software
and all associated printed materials, and you retain no copies, and the recipient agrees to all of
the terms of this Agreement.
ò You may not use the software on or over a network or any other transfer device (including the
Internet) except in a manner using the network and online functions included in the Software, if
any. Use of the Software on more than one computer constitutes copyright infringement and
may be punishable by civil fines, criminal penalties, or both.
ò You may not rent or lease the Software, but schools and libraries may lend the Software to
third parties provided the Software is in CD format and each end user is given a copy of this
License Agreement which will govern the use of such Software.
ò You may not modify, translate, reverse engineer, decompile, or disassemble the Software,
except to the extent that this restriction is expressly prohibited by applicable law.
ò You may not remove any proprietary notices or labels in the Software.
ò You may not copy the printed materials accompanying the Software or distribute printed
copies of any user documentation provided in electronic format.
ò You may not publicly perform or publicly display the Software.
The restrictions contained herein apply equally to hybrid CD-ROMs which may contain multiple
versions of the Software for use on different operating systems. Regardless of the type of media
you receive, you may use only the portion appropriate for your single-user
computer/workstation. In the event you fail to comply with any of the terms or conditions of this
license, your rights to use the Software will end, you will stop using the Software, remove the
Software from your computer, and permanently erase all copies of the Software. You may not
export or reexport the Software or any underlying information or technology except in full
compliance with all United States and other applicable laws and regulations.
LIMITED WARRANTY
LIMITED WARRANTY. SELECTSOFT and its affiliates, suppliers and licensors warrant
to the original installer of the Software, for a period of ninety (90) days from the date of
purchase, that the media on which the Software is distributed is substantially free from defects in
materials and workmanship. ANY AND ALL OTHER IMPLIED WARRANTIES WITH
RESPECT TO THE SOFTWARE, CD-ROM, AND THE ACCOMPANYING WRITTEN
MATERIALS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE
EXPRESSLY DISCLAIMED.
REMEDIES. Your exclusive remedy will be, at SELECTSOFTÆs sole option, (a) the refund
of the amount you paid for the Software or (b) repair or replacement of the Software, provided
that the defective Software is returned to SELECTSOFT (contact
support@selectsoftusa.com) along with proof of the date of purchase within ninety (90) days
from the date of purchase. This Limited Warranty is void if failure of the Software has resulted
from accident, abuse, neglect or misapplication. Any replacement Software will be warranted
for the remainder of the original warranty period or thirty (30) days, whichever is longer. Except
as set forth above, the Software is sold "as-is", without any express or implied warranties of any
kind.
LIMITATION OF LIABILITIES. IN NO EVENT WILL SELECTSOFT OR ITS
AFFILIATES, SUPPLIERS AND LICENSORS BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, ECONOMIC, COVER, CONSEQUENTIAL, EXEMPLARY
OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE
THE SOFTWARE, CD-ROM, USER DOCUMENTATION, OR RELATED TECHNICAL
SUPPORT, INCLUDING, WITHOUT LIMITATION, DAMAGES OR COSTS
RELATING TO THE LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, TIME OR
COMPUTER PROGRAMS, COMPUTER HARDWARE OR CD-ROM, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL
SELECTSOFTÆS AND ITS AFFILIATESÆ, SUPPLIERSÆ AND LICENSORSÆ
LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE
REGARDLESS OF THE FORM OF THE CLAIM (INCLUDING, WITHOUT
LIMITATION, ANY CONTRACT, PRODUCT LIABILITY, OR TORT CLAIM).
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and user documentation is
provided with RESTRICTED RIGHTS AND LIMITED 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 at 48
CFR 52.227-19, as applicable.
Copyright (c) 2004 SelectSoft Publishing. All rights reserved. Use of the products on this disc is
subject to certain license agreements, restrictions, and limitations of warranty under the license
agreements accompanying them.
This product includes software developed by Koen Mannaerts, WhirlyWiryWeb.com (http://www.whirlywiryweb.com/).
All trademarks and registered trademarks are the property of their respective owners.