BUG 15/BUGCD1998_06.ISO/desktop/beach/license.txt

Text File | 1998-05-13 | 7KB | 133 lines

California Beach Girls Screen Saver
Copyright (C) 1997 Image Factory Software Pty. Ltd.
All Rights Reserved

License/Registration Details

End User License Agreement

NOTICE TO USER: You should carefully read the following terms and conditions
before using this software.  Use of this software indicates you agree to be bound
by the terms of this Agreement. The California Beach Girls Screen Saver package
contains software ("Software") - and includes all files supplied in the package
including any images, "applets", photographs, animations, video, audio, music and
text incorporated into the Software. The term "Software" shall also include any
upgrades, modified versions, updates, additions and copies of the Software
licensed to you by Image Factory Software. This Agreement applies to both the
unregistered version of California Beach Girls Screen Saver ("Unregistered
Version") - a trial version for which no payment has yet been made - and the
registered version for which payment has been made ("Registered Version"). Image
Factory Software grants to you a nonexclusive license to use the Software provided
that you agree to the following:


1. Use of the Software.

Unregistered Version. You may -
Install the Software on as many locations as you wish and trial the Software for
evaluation purposes without charge. The Software will run in full operation
mode for 10 days from installation - allowing you to make a full evaluation of
the software. After this trial period the California Beach Girls Screen Saver will
run in read only mode - allowing you to view any data you have entered but not to
enter any new data. Similarly, the screen saver will no longer run in full operation
mode - showing only one image at a time before returning to the original screen -
rather than cycling through the image collection. To operate as the full version of
the software a registration fee is required. The site from which you downloaded the
Software has full details about the registration fee - and how to pay the fee.

Please include the full "licence" number when making the payment - and a
contact point (Internet or Compuserve address). Your "licence" number is
unique and can be easily found at the top of the "Registration Details" box or
the "About" box in the California Beach Girls Screen Saver "Settings" panel - and
starts with "L..." eg  "L***-***-***" where * is a digit from 0..9. Your "licence"
number requires a similarly unique "registration" number which will be sent to
you (to the foregoing contact point). When you receive the "registration"
number simply press the button marked "Register" at the top right of the
"Registration Details" box in the California Beach Girls Screen Saver "Settings"
panel - and follow the instructions. Once registered the California Beach Girls
Screen Saver and Screen Saver will run indefinitely - in full operation mode.

Registered Version. You may-
  Install the Software in a single location on a hard disk or other storage
device.
  Make one backup copy of the Software, provided your backup copy is not
installed or used on any computer.


2. Copyright - Unregistered and Registered Versions.

The Software is the intellectual property of Image Factory Software and its
suppliers and is protected by copyright law, international treaty provisions, and
applicable laws of the country in which it is being used. The structure,
organization and code of the Software are the valuable trade secrets and
confidential information of Image Factory Software and its suppliers. Therefore
you must treat the Software just as you would any other copyrighted material
such as a book. In other words you may not copy the Software except as set
forth in the "Use of the Software" section. Any copies that you are permitted to
make pursuant to this Agreement must contain the same copyright and other
proprietary notices which appear on or in the Software. You agree not to
modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise
attempt to discover the source code of the Software. Trademarks shall be used
in accordance with accepted trademark practice, including identification of
trademark owner's name. Trademarks can only be used to identify printed
output produced by the Software. The use of any trademark as herein
authorized does not give you any rights of ownership in that trademark. Except
as stated above, this Agreement does not grant you any rights to intellectual
property rights in the Software. To the extent that local laws grants you the
right to decompile the Software in order to obtain information necessary to
render the Software interoperable with other software, you shall first request
Image Factory Software to provide you with the necessary information. Image
Factory Software has the right to impose reasonable conditions such as a
reasonable fee for doing so.


3. Transfer. - Unregistered and Registered Versions.

You may not rent, lease, sublicense, or lend the Software. You may, however,
transfer all your rights to use the Software to another person or legal entity
provided that you transfer this Agreement and transfer (or destroy), the
Software, including all copies, updates and prior versions, to such person or
entity and provided that you retain no copies, including copies stored on your
computer.


4. Disclaimer of Warranty - Unregistered and Registered Versions.

THIS SOFTWARE IS SOLD "AS IS". IMAGE FACTORY SOFTWARE AND
ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE
PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE
SOFTWARE. IMAGE FACTORY SOFTWARE AND ITS SUPPLIERS
MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO
NONINFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY,
OR FITNESS FOR ANY PARTICULAR PURPOSE.


5. Limitation of Liability - Unregistered and Registered Versions.

ANY LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO
PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE. IN NO
EVENT WILL IMAGE FACTORY SOFTWARE OR ITS SUPPLIERS BE
LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR
SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST
SAVINGS, EVEN IF AN IMAGE FACTORY SOFTWARE
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.


6. Governing Law and General Provisions. - Unregistered and Registered
Versions.

This Agreement will be governed by the laws in force in West Australia
excluding the application of its conflicts of law rules. This Agreement will not
be governed by the United Nations Convention on Contracts for the
International Sale of Goods, the application of which is expressly excluded. If
any part of this Agreement is found void and unenforceable , it will not affect
the validity  of the balance of the Agreement, which shall remain valid and
enforceable according to its terms. This Agreement shall automatically
terminate upon failure by you to comply with its terms. This Agreement may
only be modified in writing signed by an authorized officer of Image Factory
Software.