End user agreement for Mystify Flashing Screensaver
END-USER LICENSE AGREEMENT FOR MYSTIFY FLASHING SCREENSAVER
MYSTIFY FLASHING SCREENSAVER is Copyright I. Paunovik (Author). All rights reserved.
END-USER LICENSE AGREEMENT FOR MYSTIFY FLASHING SCREENSAVER IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: Author's End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and author for the author software identified above which may include associated software components and "online" or electronic documentation ("SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and author, and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE.
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
THIS AGREEMENT EXPRESSES THE TERMS AND CONDITIONS ON WHICH YOU MAY USE THIS SOFTWARE PROGRAM AND ACCOMPANYING FILES THAT THE AUTHOR IS FURNISHING OR MAKING AVAILABLE TO YOU WITH THIS AGREEMENT (COLLECTIVELY, THE "SOFTWARE").
READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE.
BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AND YOUR COMPANY (COLLECTIVELY, "YOU") ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU OR YOUR COMPANY ARE NOT WILLING TO BE BOUND BY THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.
VARIOUS COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS PROTECT THE SOFTWARE. THIS AGREEMENT IS A LICENSE AGREEMENT THAT GIVES YOU LIMITED RIGHTS TO USE THE SOFTWARE AND NOT AN AGREEMENT FOR SALE OR FOR TRANSFER OF TITLE. AUTHOR RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED BY THIS AGREEMENT.
1. GRANT OF LICENSE.
On the terms and conditions of this Agreement, Author grants you a nonexclusive, nontransferable license to use the SOFTWARE on a single computer.
The SOFTWARE is licensed as follows:
(a) Installation and Use.
Author grants you the right to install and use copies of the SOFTWARE on your computer running a validly licensed copy of the operating system for which the SOFTWARE was designed [Windows 2000, Windows XP].
(b) Backup Copies.
You may also make copies of the SOFTWARE as may be necessary for backup and archival purposes.
2. PROPERTY RIGHTS AND RESTRICTIONS
2.1 Ownership. The SOFTWARE and all modifications or enhancements to, or derivative works based on the SOFTWARE, whether created by Author or you, and all copyrights, patents, trade secrets, trademarks and other intellectual property rights protecting or pertaining to any aspect of the SOFTWARE or any such modification, enhancement or derivative work are and shall remain the sole and exclusive property of Author. This Agreement does not convey title or ownership to you but instead gives you only the limited rights set forth in Section 1.
2.2 Limited Rights. Except as expressly set forth in this Agreement, you have no right to use, make, sublicense, modify, transfer or copy either the original or any copies of the SOFTWARE or to permit anyone else to do so.
2.3 Proprietary Notices. You may not remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained within the object (compiled) code of the SOFTWARE. You are not allowed to reverse engineer, decompile, or disassemble the program.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the SOFTWARE.
You may not distribute registered copies of the SOFTWARE to third parties. Evaluation versions available for download from author's websites may be freely distributed.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You may not rent, lease, or lend the SOFTWARE.
(e) Support Services.
Author may provide you with support services related to the SOFTWARE ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the SOFTWARE.
Without prejudice to any other rights, author may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE in your possession.
All title, including but not limited to copyrights, in and to the SOFTWARE and any copies thereof are owned by author or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by author.
6. NO WARRANTIES
AUTHOR IS PROVIDING THIS SOFTWARE AND THE ACCOMPANYING FILES "AS IS". AUTHOR DISCLAIMS ALL WARRANTIES, CONDITIONS OR REPRESENTATIONS (WHETHER EXPRESSED OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING FILES. AUTHOR DOES NOT WARRANT THAT THE SOFTWARE WILL FUNCTION WITHOUT INTERRUPTION OR BE ERROR FREE, THAT AUTHOR WILL CORRECT ALL DEFICIENCIES, ERRORS, DEFECTS OR NONCONFORMITIES OR THAT THE SOFTWARE WILL MEET YOUR SPECIFIC REQUIREMENTS.
Author expressly disclaims any warranty for the SOFTWARE. The SOFTWARE is provided "As Is" without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Author does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE. Author makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Author further expressly disclaims any warranty or representation to Authorized Users or to any third party.
7. LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL AUTHOR BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. Some states do not allow the exclusion of incidental or consequential damages, so some of the terms above may not be applicable to you.
In no event shall author be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of "Authorized Users" use of or inability to use the SOFTWARE PRODUCT, even if author has been advised of the possibility of such damages. In no event will author be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Author shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
8. FURTHER REMARKS
Readme.html file included in the SOFTWARE provides additional conditions on using the SOFTWARE and is a part of this License Agreement.
For more information, the most recent version of Mystify Flashing ScreenSaver, and additional screensavers, see the web site www.screensaverswizard.com/.
9. CREDITS AND RECOGNITION
a) "Game Maker". This software has been created using "Game Maker" version 7, by YoYo Games Ltd. Author identifies and respects the intellectual rights of YoYo Games, and complies with the Game Maker End User License Agreement. Further warning should therefore be given, that, not only does author prohibit the decompilation and reverse engineering of the software, but YoYo Games also prohibit the decompilation and reverse engineering of the runner of the software. Therefore, any decompilation occuring to the software is not only an infrigingement of author's intellectual property, but also to the intellectual property of YoYo Games Ltd. Runner data for this software is part of Game Maker 7 and is therefore the intellectual property of YoYo Games Ltd. as well. The reverse engineering, modification, and other acts infringing the intellectual property of YoYo Games is prohibited. If you doubt your actions might infringe any of the terms in the YoYo Games license agreement, it is advisable to download it from their website yoyogames.com.
b) "Inno Setup". The installation file has been created using Inno Setup version 5.1.6. Acknowledgment to Jordan Russell.