| End user license agreement |
ACEZ SCREEN SAVER BUILDER
END USER LICENSE AGREEMENT
PART I - TERMS APPLICABLE WHEN LICENSE FEES
NOT (YET) PAID LICENSE GRANT (SHAREWARE).
The evaluation period for use by or on behalf of
a commercial entity is limited to ninety (90) days;
If you fit within the description above, you may
use the Software in the manner described in Part
III below under"Scope of Grant."DISCLAIMER OF WARRANTY.
Shareware Software is provided on an"AS IS"basis, without warranty of any kind, including
without limitation the warranties that the
Software is free of defects, merchantable, fit
for a particular purpose or non-infringing.
The entire risk as to the quality and performance
of the Software is borne by you. Should the
Software prove defective in any respect, you and
not Licensor or its suppliers assume the entire
cost of any service and repair. In addition, the
security mechanisms implemented by the Software
have inherent limitations, and you must determine
that the Software sufficiently meets your requirements.
This disclaimer of warranty constitutes an essential
part of this Agreement. No use of the Software without
payment of license fees to Licensor is authorized
hereunder except under this Disclaimer.
PART II - TERMS APPLICABLE WHEN LICENSE FEES
PAID LICENSE GRANT.
Subject to payment of applicable license fees,
Licensor grants to you a non-exclusive license
to use the Software and accompanying documentation
("Documentation") in the manner described in Part
III below under"Scope of License Grant."LIMITED WARRANTY. Licensor warrants that for a
period of ninety (90) days from the date of acquisition,
the Software, if operated as directed, will
substantially achieve the functionality described in
the Documentation. Licensor does not warrant, however,
that your use of the Software will be uninterrupted or
that the operation of the Software will be error-free
or secure. In addition, the security mechanisms
implemented by the Software have inherent limitations,
and you must determine that the Software sufficiently
meets your requirements. Licensor's sole liability
for any breach of this warranty shall be, in
Licensor's sole discretion: (i) to replace your
defective Software; or (ii) to advise you how to
achieve substantially the same functionality with
the Software as described in the Documentation through
a procedure different from that set forth in the
Documentation; or (iii) if the above remedies are
impracticable, to refund the license fee you paid for
the Software. Repaired, corrected, or replaced Software
and Documentation shall be covered by this limited
warranty for the period remaining under the warranty
that covered the original Software, or if longer,
for thirty (30) days after the date (a) of delivery
to you of the repaired or replaced Software, or (b)
Licensor advised you how to operate the Software
so as to achieve substantially the same functionality
described in the Documentation.
Only if you inform Licensor of your problem with
the Software during the applicable warranty period
and provide evidence of the date you purchased a
license to the Software will Licensor be obligated
to honor this warranty. Licensor will use reasonable
commercial efforts to repair, replace, advise or,
for individual consumers, refund pursuant to the
foregoing warranty within thirty (30) days of being
so notified.
If any modifications are made to the Software by you
during the warranty period; if it was subjected to
accident, abuse, or improper use; or if you violate
the terms of this Agreement, then this warranty
shall immediately terminate. Moreover, this warranty
shall not apply if the Software is used on or in
conjunction with hardware or software other than the
unmodified version of hardware and software with
which the Software was designed to be used as
described in the Documentation.
THIS IS A LIMITED WARRANTY, AND IT IS
THE ONLY WARRANTY MADE BY LICENSOR.
LICENSOR MAKES NO OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT
OF THIRD PARTIES'RIGHTS. YOU MAY HAVE
OTHER STATUTORY RIGHTS. HOWEVER, TO THE
FULL EXTENT PERMITTED BY LAW, THE
DURATION OF STATUTORILY REQUIRED
WARRANTIES, IF ANY, SHALL BE LIMITED TO
THE ABOVE LIMITED WARRANTY PERIOD.
MOREOVER, IN NO EVENT WILL WARRANTIES
PROVIDED BY LAW, IF ANY, APPLY UNLESS
THEY ARE REQUIRED TO APPLY BY STATUTE
NOTWITHSTANDING THEIR EXCLUSION BY
CONTRACT.
PART III - TERMS APPLICABLE TO ALL LICENSE
GRANTS
SCOPE OF LICENSE GRANT.
You may:
* use the Software on any single computer;
* use the Software on a network, provided that a
licensed copy of the Software has been acquired for
each person permitted to access the Software through
the network.
* if you have purchased a Right to Copy license for
multiple copies of the Software, make the number of
copies of Software (but not the Documentation) stated
on the packing slip or invoice, provided any copy
must contain all of the original Software's
proprietary notices. The number of copies on the
invoice is the total number of copies that may be
made for all platforms. Additional copies of
Documentation may be purchased from Licensor.
You may not:
* permit other individuals to use the Software except
under the terms listed above;
* permit concurrent use of the Software;
* modify, translate, reverse engineer, decompile,
disassemble (except and solely to the extent an
applicable statute expressly and specifically
prohibits such restrictions), or create derivative
works based on the Software;
* copy the Software other than as specified above;
* rent, lease, grant a security interest in, or
otherwise transfer rights to the Software; or
* remove any proprietary notices or labels on the
Software.
* display or distribute any Content that is
threatening, abusive, harmful, unlawful, obscene,
invasive, harassing, vulgar, tortious, defamatory,
libelous, of another's privacy, hateful, or
racially, ethnically or otherwise objectionable;
* harm minors in any way;
* display or distribute Content that you do not
have a right to transmit under any law or under
contractual or fiduciary relationships (such as
inside information, proprietary and confidential
information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
* display or distribute any material that contains
software viruses or any other computer code, files
or programs designed to interrupt, destroy or
limit the functionality of any computer software or
hardware or telecommunications equipment;
CONDUCT. You understand that all information, data,
text, software, photographs, graphics, messages or
other materials ("Content"), whether publicly or
privately distributed, are the sole responsibility of
the person from which such Content originated. This
means that you, and not Acez Software, are entirely
responsible for all Content that you display or
distribute via the Service ("Software").
TITLE. The Software is protected by copyright and
other intellectual property laws. Title and related
rights in the content accessed through the Software
is the property of the applicable content owner and
is protected by applicable law. The license granted
under this Agreement gives you no rights to such
content.
TERMINATION. This Agreement and the license granted
hereunder will terminate automatically if you fail to
comply with the limitations described herein. Upon
termination, you must destroy all copies of the
Software and Documentation.
LIMITATION OF LIABILITY. UNDER
NO CIRCUMSTANCES AND UNDER NO
LEGAL THEORY, TORT, CONTRACT,
OR OTHERWISE, SHALL LICENSOR OR
ITS SUPPLIERS OR RESELLERS BE
LIABLE TO YOU OR ANY OTHER PERSON
FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY CHARACTER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR
LOSS OF GOODWILL, WORK STOPPAGE,
COMPUTER FAILURE OR MALFUNCTION,
OR ANY AND ALL OTHER COMMERCIAL DAMAGES
OR LOSSES. IN NO EVENT WILL
LICENSOR BE LIABLE FOR ANY DAMAGES
IN EXCESS OF THE AMOUNT LICENSOR
RECEIVED FROM YOU FOR A LICENSE
TO THE SOFTWARE, EVEN IF LICENSOR
SHALL HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES, OR
FOR ANY CLAIM BY ANY THIRD PARTY.
THIS LIMITATION OF LIABILITY SHALL
NOT APPLY TO LIABILITY FOR DEATH
OR PERSONAL INJURY RESULTING FROM
LICENSOR'S NEGLIGENCE TO THE EXTENT
APPLICABLE LAW PROHIBITS SUCH
LIMITATION. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS
EXCLUSION AND LIMITATION MAY NOT
APPLY TO YOU.
INDEMNITY. You agree to indemnify and hold Acez
Software, and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable
attorneys'fees, made by any third party due to or
arising out of your Content, your use of the Service,
or your violation of any rights of another.
HIGH RISK ACTIVITIES. The Software is not fault-
tolerant and is not designed, manufactured or intended
for use or resale as on-line control equipment in
hazardous environments requiring fail-safe
performance, such as in the operation of
nuclear facilities, aircraft navigation or
communication systems, air traffic control, direct
life support machines, or weapons systems, in which
the failure of the Software could lead directly to
death, personal injury, or severe physical or
environmental damage ("High Risk Activities").
Accordingly, Licensor and its suppliers specifically
disclaim any express or implied warranty of fitness
for High Risk Activities. |
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Acez Screen Saver Builder is a Windows tool that lets you create professional screen savers with your favorite images or photos.
