End user agreement for Maxabella General Screensaver
END USER LICENSE AGREEMENT
IMPORTANT: This software end user license agreement ("eula") is a legal agreement between you (either an individual or an entity), and THE TIGME.COM (the "Company"). Please read this EULA
carefully before completing the installation process and using the Software. The EULA provides a license to use the Software and contains warranty information and liability disclaimers. By clicking on the links below, initiating the download or installation and/or using the Software, you are confirming your acceptance of the software on an AS IS basis and agreeing to be bound by the terms of this EULA. If you do not wish to be bound by these terms, then do not install the software.
Definitions "Company" means the provider of the Software, TIGME.COM including their successors, affiliates, assigns and/or licensors, if any. "Software" means only theTIGME.COM Quasar Series Screen Saver software program(s), any third party software programs supplied by TIGME.COM Screen Saver herewith, and all corresponding information, data, compilations, documentation (written, online or electronic), associated media, printed materials, and all updates or upgrades of the above that are provided to you or utilized by the software programs.
This Software is copyrighted material. You may install and use the Software on a multiple desktop computers; provided, however, that, notwithstanding anything contrary contained herein, you may use the Software on any non-PC product or any embedded or device, including, but not limited to, mobile devices, internet appliances, set top boxes (STB), handhelds, PDAs, phones, web pads, tablets, game consoles, TVs, DVDs, gaming machines, home automation systems, kiosks or any other consumer electronics devices or mobile/cable/satellite/television or closed system-based service.
A license for the Software may not be shared, installed or used concurrently on different computers. You must separately install the Software and agree to this EULA for each computer or platform upon which you use the Software. You may make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network. By transferring or sharing the Software with another computer or platform, you agree to be bound by the terms and conditions of this EULA in all such instances. Your license rights under this EULA are non-exclusive. You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. You may not sell, rent, lease, or sublicense the Software. You may not modify the Software or create derivative works based upon the Software. You may not export the Software into any country. You shall not use the Software to develop any software or other technology having the same primary function as the Software, including but not limited to using the Software in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the Software. YOU MAY NOT DISTRIBUTE THE SOFTWARE ON ANY MEDIA SUCH AS DVD, CDROM, HDDVD FOR THE PURPOSE A MAGAZINE COVER CONTENT MEDIA WITHOUT THE CONSENT OF TIGME.COM. SHOULD YOU WISH TO DISTRIBUTE THE SOFTWARE TOGETHER WITH A MAGAZINE OR WITH OTHER FREEWARE, SHAREWARE COMMERCIAL MEDIA YOU SHOULD WRITE TO INFO@TIGME.COM <mailto:firstname.lastname@example.org> FOR PERMISSION.
The foregoing license gives you limited license to use the Software. The Company and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software and all copies thereof. All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved by the Company and its suppliers.
THE SOFTWARE IS PROVIDED TO YOU FREE OF CHARGE, AND ON AN "AS-IS" BASIS. the Company PROVIDES NO TECHNICAL SUPPORT, WARRANTIES OR REMEDIES FOR THE SOFTWARE. THE COMPANY AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE COMPANY DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL
OPERATE WITHOUT INTERRUPTION. THERE IS NO WARRANTY OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT.
No rights or remedies referred to in article 2A of the Uniform Commercial Code will be conferred on you unless expressly granted herein. The Software uses data and information gathered from many different sources including unpaid volunteers and individuals, all of which is provided on a "AS IS" basis. The Company does not undertake to independently verify, and will not be responsible for, the accuracy or completeness of all such data and information. The data and information utilized by the Software and the corresponding results, summaries, data and similar information (collectively, the "Content") may contain inaccuracies and/or errors. The Company does not certify, assess, verify or guarantee the adequacy, sequencing, appropriateness, accuracy
or completeness of any of the Content. The Content is provided on an "AS IS" and "AS AVAILABLE" basis. Each user of the Content assumes the entire risk of its use and each user is responsible to use it appropriately, for general informational purposes, and not as an exclusive basis for decision-making or for the preparation of reports, statements or other information. Each user should exercise due caution before entering into any legal or financial obligation based on any of the Content. The user waives all rights, damages and claims based on any detrimental effects or harmful reliance placed by the user on any such Content. The Company shall not be liable for any claims or losses of any nature, arising directly or indirectly, from the use or application of the Content provided.
The Software is for entertainment and general informational purposes only and is not designed, intended or licensed for use in hazardous or critical environments requiring fail-safe controls including, but not limited to, the design, construction, maintenance or operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life support or weapons systems. THE COMPANY SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. If applicable law requires any warranties with respect to the Software, all such warranties are limited in duration to ninety (30) days from the date of delivery. No oral or written information or advice given by the Company, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of any warranty provided herein. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from jurisdiction to jurisdiction. The company shall have no responsibility if the Software has been altered in any way, or for any failure that arises out of use of the Software with other than a recommended hardware configuration, platform or operating system.
LIMITATION OF LIABILITY
NEITHER THE COMPANY NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE
INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE OR THE CONTENT AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
The foregoing limitations on liability are intended to apply to all aspects of this EULA.
Basis of Bargain
The Warranty Disclaimer and Limited Liability set forth above are fundamental elements of the basis of the EULA between the Company and you. The Company would not be able to provide the Software on an economic basis without such limitations. Such Warranty Disclaimer and Limited Liability inure to the benefit of The Company's licensors.
You agree to indemnify, defend, and hold harmless the Company, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the Software or the Content provided, or to any violation of this EULA, any applicable law or regulation and/or any other proprietary or privacy right.
By accepting this EULA, you are also accepting the additional terms and conditions, if any, set forth therein.
This EULA shall be governed by the internal laws of South Africa, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the courts sitting in South Africa to resolve any disputes arising under this EULA. In each case this EULA shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods.
TIGME.COM can be contacted at:
PO Box 442
028-2715450 (South Africa)