End user agreement for Babbling Brook
OPTICAL SWEETS SOFTWARE, Relaxing Ocean Screensaver
License Agreement ("Agreement")
This license agreement governs Relaxing Ocean Screensaver(tm) ("Software"). By clicking the "accept and install" button below you enter into the terms of this binding contract between you ("you" or "User") and OPTICAL SWEETS. If you do not agree with the terms of this license, exit the installation of Relaxing Ocean Screensaver. Installation of the Software constitutes acceptance of the terms of this License Agreement.
Grant of License: Subject to the terms and conditions of this Agreement, OPTICAL SWEETS hereby grants you a limited, nonexclusive license to install and use the object code version of the Software, a copy of which is provided herewith, on a single personal computer.
Limitations: The Software is licensed, not sold, to you. You must retain all copyright and related notices of OPTICAL SWEETS's ownership and other rights in the Software in the product, labeling and documentation provided. Furthermore, you may not: (a) modify, translate, de-compile, reverse engineer, disassemble or otherwise decode the Software; (b) copy any of the Software other than as reasonably required for your own personal use of the Software in accordance with this Agreement; or (c) sublicense, sell, rent, lend, transfer, post, transmit, distribute or otherwise make the Software available to anyone else, except that you may permanently transfer the Software and accompanying materials provided you retain no copies and the recipient agrees to the terms of this Agreement.
Trademarks: You acknowledge that OPTICAL SWEETS, RELAXING OCEAN (tm) and related logos and designs are trademarks of OPTICAL SWEETS and that no rights in such trademarks are granted to you by this Agreement.
Support: OPTICAL SWEETS reserves the right to modify the Software from time to time without obligation to notify you, or any other person or organization of such revision or change.
Third Party Licenses: Certain images and components of this software are provided under license from OPTICAL SWEETS. These images and/or components may be copied, modified and incorporated into materials for personal or for internal company use and in advertising and promotional materials for you or your clients. You are not permitted to use the images and/or components, or any portions of the images and/or components, in any other way. Furthermore, you may not use the images and/or components in any manner which is defamatory, pornographic or otherwise violates any applicable laws. You may not make copies, either digital or printed, of the images or components for the purpose of re-licensing or reselling the image and/or components (whether separately or in combination with other images and/or components) or for any other purpose except those expressly set forth above.
Limitation of Liability: IN NO EVENT WILL OPTICAL SWEETS BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF DATA, LOST OPPORTUNITY OR PROFITS, COST OF COVER OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES ARISING FROM OR RELATING TO THE USE OF THE SOFTWARE, HOWEVER CAUSED ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF OPTICAL SWEETS HAS BEEN ADVISED OR GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGE. THE ENTIRE RISK AS TO THE USE OF THE SOFTWARE IS ASSUMED BY THE USER. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, THIS LIMITATION MAY NOT APPLY TO YOU.
Disclaimer of Warranty: TO THE EXTENT PERMITTED BY APPLICABLE LAW ALL OPTICAL SWEETS SOFTWARE, INCLUDING THE IMAGES AND/OR COMPONENTS, IS PROVIDED "AS IS" AND WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND BY EITHER OPTICAL SWEETS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF SUCH SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NO COVENANTS, WARRANTIES OR INDEMNITIES OF ANY KIND ARE GRANTED BY OPTICAL SWEETS TO THE USER.
Termination: If you do not accept the terms of this license, you agree to destroy all copies of the Software in your possession and control.
Government Rights: If used or acquired by the Government, the Government acknowledges that (a) the Software constitutes "commercial computer software" or "commercial computer software documentation" for purposes of 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-3, as applicable and (b) the Government's rights are limited to those specifically granted to you pursuant to this License. The contractor/manufacturer is OPTICAL SWEETS, PO Box 5, Sealston, VA, 22547.
Export Control Obligations: You will not export or re-export any Licensed Software in violation of any law, regulation, order or other governmental requirement (including, without limitation, the U.S. Export Administration Act, regulations of the Department of Commerce and other export controls of the U.S.). You shall, at your own expense, promptly obtain and arrange for the maintenance of all non-U.S.A. government approvals, if any, and comply with all applicable local laws and regulations as may be necessary for performance under this Agreement.