End user agreement for Licking Dog Screen Cleaner Screen Saver
FREE USE LICENSE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS.
YOU AGREE THAT ALL OF THE TERMS AND CONDITIONS BELOW APPLY TO YOU AND
ANYONE ELSE WHO USES THIS SOFTWARE, IF EITHER:
· YOU CLICK THE "ACCEPT" BUTTON, OR
· YOU COPY, INSTALL, OR USE THIS COPY OF PADGEN SOFTWARE, OR
· YOU PERMIT OR ENABLE OTHERS TO COPY, INSTALL OR USE THIS NUGANICS SOFTWARE.
IF YOU DO NOT AGREE, PLEASE TERMINATE INSTALLATION IMMEDIATELY, AND DO
NOT USE THIS SOFTWARE.
1. SOFTWARE COVERED BY THIS LICENSE
This license agreement ("Agreement") applies only to the version of
the Nuganics software package ("Nuganics - Screen Clean Screensaver").
License terms for later versions of Nuganics - Screen Clean Screensaver may
also be changed.
2. FREE USE LICENSE.
(a) Original Distribution Package Necessary. In order to qualify for
the free use license described below, you must have downloaded or
received Nuganics - Screen Clean Screensaver in the form of an original Nuganics - Screen Clean Screensaver distribution package, including all files contained in such package
("Original Distribution Package"). Copies of Nuganics - Screen Clean Screensaver not received in the form of an
Original Distribution Package are not licensed for use, copying or
transmission by you or others.
(b) You may, free of charge:
· install and use Nuganics - Screen Clean Screensaver free of charge, for the purpose of watching the screensaver.
· copy, store, distribute and transmit, free of charge, identical
copies of this Original Distribution Package of Nuganics - Screen Clean Screensaver to others.
(c) You may not:
· modify, translate, reverse engineer, decompile, disassemble, or
create derivative works based on, this Nuganics - Screen Clean Screensaver program.
· copy Nuganics - Screen Clean Screensaver except as described above.
· sell or license copies of Nuganics - Screen Clean Screensaver to others.
· remove any proprietary notices or labels on Nuganics - Screen Clean Screensaver.
4. SUPPORT. Nuganics - Screen Clean Screensaver contains online help files. However, hard-copy
documentation, telephone assistance and other support are not
available under this free license.
5. DISCLAIMER OF WARRANTY. ASP DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE
AND AGREE THAT YOU HAD FULL OPPORTUNITY TO TEST PADGEN BEFORE ANY
LIVE, PUBLIC OR PRODUCTION USE, THAT YOU ASSUME FULL RESPONSIBILITY
FOR SELECTING AND USING PADGEN AND DISTRIBUTING FILES CREATED THROUGH
USE OF PADGEN, AND THAT IF YOU USE PADGEN IMPROPERLY OR AGAINST
INSTRUCTIONS, YOU CAN CAUSE DAMAGE TO YOUR FILES, SOFTWARE, DATA OR
BUSINESS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF PADGEN
IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL
PART OF THE AGREEMENT. Some jurisdictions do not allow exclusions of
an implied warranty, so this disclaimer may not apply to you and you
may have other legal rights that vary by jurisdiction.
6. LIMITATION OF LIABILITY. IN NO EVENT SHALL ASP, OR ITS MEMBERS,
OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT
ORGANIZATIONS, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF PADGEN, FILES
CREATED USING PADGEN, OR YOUR RELATIONSHIP WITH ASP. Some
jurisdictions do not allow exclusion or limitation of liability for
incidental or consequential damages, therefore the above limitation
may not apply to you.
7. RESTRICTED RIGHTS LEGEND. Use, duplication, or disclosure by the
U.S. Government is subject to the restrictions set forth in
subparagraphs (a) through (d) of the Commercial Computer-Restricted
Rights clause at FAR 52.227-19 when applicable, or in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013, or at 252.211-7015, as applicable, and
in similar clauses in the NASA FAR Supplement.
8. TITLE. Nuganics or its licensors own the Nuganics - Screen Clean Screensaver software, all other
materials in this Nuganics - Screen Clean Screensaver Original Distribution Package.
9. TERMINATION. The license will terminate automatically if you
fail to comply with any of the limitations, conditions or obligations
described herein. On termination, you must destroy all copies of the
Nuganics - Screen Clean Screensaver software and all other materials in this Nuganics - Screen Clean Screensaver Original
10. GENERAL. This Agreement constitutes the entire Agreement between
the parties with respect to the subject matter herein and supersedes
all previous and contemporaneous agreements, proposals and
communications, written or oral between you and Nuganics. Waiver by Nuganics of
any violation of any provision of this Agreement shall not be deemed
to waive any further or future violation of the same or any other
provision. This Agreement and any dispute relating to Nuganics - Screen Clean Screensaver or to
this Agreement shall be governed by the laws of the United States and
the laws of the State of Washington, without regard to U.S. or
Washington choice of law rules. You agree and consent that
jurisdiction and proper venue for all claims, actions and proceedings
of any kind relating to Nuganics or the matters in this Agreement shall be
exclusively in courts located in Washington. If any part or provision
of this Agreement is held to be unenforceable for any purpose,
including but not limited to public policy grounds, then you agree
that the remainder of the Agreement shall be fully enforceable as if
the unenforceable part or provision never existed. There are no third
party beneficiaries of any promises, obligations or representations
made by Nuganics herein.