End user agreement for Sonar Screensaver
ZERGE.COM END USER LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE:
This ZERGE.COM End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and ZERGE.COM for the ZERGE.COM software product "Sonar Screensaver" which includes computer software and associated documentation ("Software"). Any product provided along with the Software that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement. By installing, copying, downloading, accessing or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not use or install the Software.
The Software is confidential and protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold.
GRANT OF LICENSE
This EULA grants you a non-exclusive, non-transferable and non-sublicenseable license to install and use a copy of the Software for your personal non-commercial home entertainment use on one personal computer.
OTHER RIGHTS AND LIMITATIONS
No Commercial Use
You may not use the Software for any commercial purpose, including distribution (electronically or otherwise), resale, rental, lease, display, offering on pay-per-play or other for charge basis.
Limitations on Reverse Engineering, Decompilation and Disassembly
The Software in both object code and source code form includes valuable trade secret information of ZERGE.COM. You may not make any copies of the Software beyond the number necessary to exercise your license rights in the Software, and shall not provide copies of the Software to any third party. You may not reverse engineer, decompile, or disassemble the Software or otherwise attempt to gain access to the source code for the Software.
You may not rent, lease, sell, sublicense, lend, otherwise transfer, or assign your rights or obligations under this EULA to any person or entity.
Reservation of Rights
ZERGE.COM reserves all rights not expressly granted under this EULA.
You may make as many copies as you wish and give these copies to as many people as you wish, providing that you do not change the distribution package in any manner. You may not charge a fee for distribution of the Software without written permission from ZERGE.COM.
ZERGE.COM and its suppliers retain all ownership of the Software and all copies thereof. Except as expressly provided in this EULA, you may not make copies of the Software, except as reasonably necessary to run, install or use the Software in accordance with the uses for which you have been granted this EULA.
This EULA constitutes the entire agreement between you and ZERGE.COM with respect to the Software, and replaces all other agreements or representations, whether written or oral. The terms of this EULA cannot be modified by any terms in any printed forms used by the parties in performing the EULA, and can only be modified by express written consent of both parties. If any part of this EULA is held to be unenforceable as written, it will be enforced to the maximum extent allowed by applicable law, and will not affect the enforceability of any other part. The original of this EULA is in English. If it is translated into another language, the English language version shall prevail.
LICENSOR AND ITS SUPPLIERS MAKE NO, AND HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE PRODUCT. LICENSOR AND ITS SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE PRODUCT IS ERROR-FREE OR THAT ACCESS TO THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED AND WITHOUT COMPROMISE TO SECURITY SYSTEMS. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SOFTWARE PRODUCT IS "AS IS," AND "AT YOUR OWN RISK."
LIMITATION OF LIABILITY
ZERGE.COM AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR CONFIDENTIAL INFORMATION, LOSS OF PRIVACY, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF ZERGE.COM OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF ZERGE.COM AND ITS SUPPLIERS UNDER THIS AGREEMENT AND LIMITED WARRANTY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE THAT CAUSES THE DAMAGE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Sonar Screensaver (C) 2006 ZERGE.COM. All Rights Reserved.
All other copyrights and trademarks are property of their respective owners.