End user agreement for 3D Realistic Fireplace Screen Saver
READ THIS DOCUMENT CAREFULLY BEFORE INSTALLING THIS SOFTWARE. DOWNLOADING, INSTALLING AND USING THIS SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE. YOU AGREE THAT YOUR INSTALLING OR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
This screen saver is try-before-you-buy-software. You are granted a license to evaluate this screen saver for free. If you wish to keep it you must purchase the product(s) through registration or else discontinue its use. The Software is not sold to you. Rather, it is licensed on a non-exclusive basis solely for use by you, and you alone, under the terms of this Agreement. Gelios Software (and, to the extent applicable, its licensors), retains all title to and ownership of the Software and reserves all rights not expressly granted to you hereby.
You are allowed to copy this Shareware-version (and ONLY the Shareware version) and distribute it to your friends and co-workers, on electronic bulletin boards, over networks, and so on, as long as it is not modified in any way. Under modifications is understood the changing, adding or removing of any files of this package without the author's written permission. Inclusion on CD-ROMs is also allowed as long as the CD clearly explains the try-before-you-buy concept. If you distribute this software, you agree to distribute this installation executable which contains the associated files together as a group. You are not allowed to bundle this software with other commercial products without prior written permission from Gelios Software.
The registered version may be installed on as many computers as desired, as long as it is used by only one person at any one time (I.e. one installation at home and one at the office used by the same person). Therefore you need only one licence for a port connection between two computers. The usage by multiple people at the same time (on multiple computers) requires additional licences.
Additional licences allow an institution, company or school to install the program on multiple computers or on a server. It must be guaranteed that the program does not run on more machines at the same time than there are licences purchased. For additional licenses please contact the author. Each additional licence also allows a single user to use the program at home.
Ownership of software: As licensee, you own the media upon which the software is recorded or distributed and are entitled to use the software, but Gelios Software retains title and ownership of the original software and all subsequent copies. This license is not a sale of the software or any copy. You are not allowed to make any modifications to, or to create derivative works from any of the files that are used in this software. This includes all the executable, help, installation, and readme files.
We try to keep our software as bug-free as possible. But it's a general rule, that no software ever is error free, and the number of errors increases with the complexity of the program. That's why we cannot guarantee that this software will run in every environment, on any Windows compatible machine, together with any other application, without producing errors. Should you detect errors before registration, you accept them if you register. Any description of bugs will be accepted, but we cannot guarantee that we will be able to correct them.
LIMITED WARRANTY: THE SOFTWARE HEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE USER MUST ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE, THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. ANY LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY, FROM STATE TO STATE.
LIMITATION OF LIABILITY: IN NO EVENT SHALL GELIOS SOFTWARE OR ANY OF IT'S AUTHORIZED DEALERS OR SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE, EVEN IF GELIOS SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You acknowledge that you have read this agreement, understand it, and that by opening or using this software you agree to be bound by these terms and conditions. You further agree that this is the complete and exclusive statement of the agreement between you and Gelios Software, which supersedes any proposal or prior agreement. All rights in the software not specifically granted in this Agreement are reserved by Gelios Software.