Nekbyter's Original ScreenSavers hereby grants to you a non-exclusive, non-transferrable license to use the enclosed ScreenSaver (the "Software"). The License is granted on the basis of a single user (the "User") using the Software on only one computer, at one computer location. Modifying, translating, reverse engineering, decompiling or disassembling the Software; renting, copying, duplication, transferring, or assigning all or part of the Software, or any rights granted hereunder to any other person and removing any proprietary notices, labels, or marks from the Software without Nekbyter's Original ScreenSavers' prior written consent is STRICTLY PROHIBITED. Furthermore, you hereby agree not to create derivative works based on or to copy the Software.
Ownership in and to the Software, remains with the publisher or the copyright owner. Any failure to comply with the above terms and conditions will result in automatic termination of this license and reversion of the rights granted hereunder to Nekbyter's Original ScreenSavers. Unauthorized reproduction of the Software constitutes copyright infringement punishable by civil and criminal action in most countries. NEKBYTER'S ORIGINAL SCREENSAVERS WILL PROSECUTE ALL INFRINGERS OF ITS RIGHTS TO THE FULL EXTENT OF THE LAW.
SOFTWARE LIMITED WARRANTY:
Nekbyter's Original ScreenSavers' entire liability and your only remedy under this warranty will be to attempt to correct the errors which Nekbyter's Original ScreenSavers believes are causing the defect, to replace the Software with functionally equivalent software or to refund the purchase price and terminate this license, whichever Nekbyter's Original ScreenSavers at its sole discretion shall decide. Nekbyter's Original ScreenSavers does not warrant or represent the accurancy, reliability, or correctness of any information contained in or derived from the Software and shall not be liable for any damage resulting from any reliance on the Software.
Nekbyter's Original ScreenSavers 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.
EXCEPTED AS PROVIDED ABOVE, THE SOFTWARE IS PROVIDED "AS IS". NEKBYTER'S ORIGINAL SCREENSAVERS DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THEIR PARTY RIGHTS WITH RESPECT TO THIS SOFTWARE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL NEKBYTER'S ORIGINAL SCREENSAVERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, SPECIAL INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE SOFTWARE, EVEN IF NEKBYTER'S ORIGINAL SCREENSAVERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL NEKBYTER'S ORIGINAL SCREENSAVERS' LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY EXCEED THE PURCHASE PRICE PAID BY YOU.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, or the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from jurisdiction to jurisdiction.
GENERAL:
This License will be governed and interpreted under the laws of the state of California and the parties hereto submit to its jurisdictions. This License is the entire license between us and supersedes any other communications or advertising with respect to the Software. If any provisions of this Agreement is held invalid the remainder of the Agreement shall continue in full force and effect.
YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.
