End user agreement for High-Definition 1080p Video Screensaver
FOR THE High-Definition 1080p Video Screensaver v.4.0.9.
ATTENTION: PLEASE READ THIS DOCUMENT CAREFULLY BEFORE CLICKING THE "I AGREE" BUTTON AND INSTALLING THIS SOFTWARE. CLICKING THE "I AGREE" BUTTON SIGNIFIES THAT THE INDIVIDUAL OR ENTITY INSTALLING THIS SOFTWARE (THE "END-USER") HAS READ AND AGREES TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL OR USE THE SOFTWARE.
The enclosed computer program(s) and any accompanying documentation are provided to the End-User by RAM-Shock Software, LLC, A Georgia Limited Liability Company, the ("Licensor"), for use only under the terms above and below. Licensor reserves any right not expressly granted to the End-User. The Licensor retains ownership of all copies of the Software no matter what form by which they are acquired, i.e., a CD-ROM or file(s) downloaded from the Internet. The End-User assumes sole responsibility for the installation, use and results obtained from use of the Software.
End-User is granted a limited, non-exclusive license to do only the following:
A. Install and maintain the Software on one computer. The Software may be installed and properly registered on any number of computers.
B. This software is shareware. The End-User may share the Software with others. The End-User may NOT share the Unlocking Code OR Unlocking Code Module with anyone. The Software and the Unlocking Code are protected by copyright law. As an express condition of this License, the End-User must reproduce on any copy of the Software the Licensor's copyright notice and any other proprietary legends on the original copy supplied by Licensor.
The End-User may NOT sublicense, assign, encumber, or transfer the Software or their registration or the Unlocking Code to others. The Software contains trade secrets. The End-User may NOT decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human readable form. THE END-USER MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE, OR OTHERWISE ASSIGN OR TRANSFER THE SOFTWARE, OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 1.B. ABOVE.
3. Protection and Security.
The End-User agrees to use its best efforts and to take all reasonable steps to safeguard the Software, the registration, and the Unlocking Code to ensure that no unauthorized person shall have access thereto and that no unauthorized copy, publication, disclosure or distribution in whole or in part, in any form, shall be made, except as provided in 1.B above. The End-User acknowledges that the Software contains valuable confidential information and trade secrets and that unauthorized or illegal use and/or copying of the Software and the Unlocking Code are harmful to Licensor.
This License is effective until terminated. This License will terminate immediately without notice from Licensor if the End-User fails to comply with any of its provisions. Upon termination the End-User must destroy the Software and all copies thereof, including the copies of the Software stored in machine-readable memory, and the End-User may terminate this License at any time by doing so.
5. Export Law Assurances.
The End-User agrees that the Software will not be transferred or exported, directly or indirectly, outside the U.S.
6. Limited Warranty.
Licensor warrants that, for thirty (30) days from the date of installation of the Unlocking Code by the original End-User, the Software shall operate substantially in accordance with the published functional specifications current at the time of shipment. If, during the warranty period, a defect appears, the End-User shall notify the Licensor and Licensor's only obligation shall be, at Licensor's election, to replace the defective Software, or to furnish a "patch" or repair program. The End-User agrees that the foregoing constitutes the End-User's sole and exclusive remedy for breach by Licensor under any warranties made under this Agreement. This warranty does not cover any Software that has been altered or changed in any way by anyone other than Licensor. Licensor is not responsible for problems associated with or caused by incompatible operating systems or equipment, or for problems in the interaction of the Software with any other software not furnished by Licensor, or for problems associated with operating system glitches" or abnormalities, which may be numerous due to the diversity of processors and hardware architectures and damage to operating systems or software due to virus programs, OEM operating systems, etc.
No oral or written information or advice given by Licensor or its dealers, distributors, employees or agents shall in any way extend, modify or add to the foregoing warranty.
THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE END-USER ASSUMES ALL RISK AS TO THE INSTALLATION, SUITABILITY, QUALITY, AND PERFORMANCE OF THE SOFTWARE. IN NO EVENT WILL LICENSOR, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, ASSOCIATES OR AFFILIATES BE LIABLE TO THE END-USER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR'S LIABILITY TO THE END-USER (IF ANY) FOR ACTUAL DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO, AND IN NO EVENT SHALL EXCEED, THE AMOUNT ORIGINALLY PAID TO LICENSOR FOR THE LICENSE OF THE SOFTWARE OR THE COST OF THE UNLOCKING CODE.
At any time and from time to time Licensor may, in its sole discretion, make available to the End-User updates, upgrades, "patches", enhancements or improvements to the Software and/or new releases of the Software (collectively, "Enhancements"), and may license the End-User to use such Enhancements upon payment of prices as may be established by Licensor from time to time. All such Enhancements to the Software provided to the End-User shall also be governed by the terms of this License.
Since this software is fully functional for a reasonable period of time and the End-User may evaluate the Software during that period of time, no refunds will be given for the fees collected in association with the registration or acquisition or installation of the Unlocking Code.
This License will be governed by and construed in accordance with the laws of the State of Oklahoma, and shall inure to the benefit of Licensor and End-User and their successors, assigns and legal representatives. If any provision of this License is held by a court of competent jurisdiction to be invalid or unenforceable to any extent under applicable law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect. Any notices or other communications to be sent to Licensor must be mailed first class, postage prepaid, to the following address:
RAM-Shock Software, LLC
10804 East 27th Street
Tulsa, OK 74129
Telephone: (918) 812-1984
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior proposals, agreements, representations, statements and undertakings are hereby expressly cancelled and superseded. This Agreement may not be changed or amended except by a written instrument executed by a duly authorized officer of Licensor.
BY INSTALLING THIS SOFTWARE, THE END-USER ACKNOWLEDGES THAT IT HAS READ THIS LICENSE, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. Should you have any questions concerning this License, contact Licensor at the address set forth above.