| End user license agreement |
FALLING AUTUMN LEAVES SCREEN SAVER
END USER LICENSE AGREEMENT
DISCLAIMER OF WARRANTY.
Freeware 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.
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.
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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