Absolute Europe Mega Screen Saver 2.0

EULA - End User License Agreement

Screen Saver License Agreement

NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT.
USE OF THE SCREEEN SAVER PROVIDED WITH THIS AGREEMENT
CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE
TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE THIS
SOFTWARE. USERS USE OF THIS SOFTWARE IS CONDITIONED UPON
COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT.

1. LICENSE GRANT. The Absolute Europe Mega Screen Saver program
(the "SOFTWARE") can be used in two different modes: a time-
limited evaluation mode and an time-unlimited purchased mode.
"You" means the company, entity, or individual whose funds are
used to pay the license fee. "Use" means storing, loading,
installing, executing, or displaying the SOFTWARE. Fookes
Software grants to you a non-exclusive, non-sublicensable,
license to use the SOFTWARE in purchased mode, in binary
executable form on a single computer. You may not modify the
SOFTWARE or disable any licensing or control features of the
SOFTWARE except as an intended part of the SOFTWAREs
programming features. This license is not transferable to any
other hardware product or other company, entity, or individual.

1.1 EVALUATION MODE. Fookes Software grants you a license to
use the SOFTWARE on any computer as long as the terms of this
license agreement are respected. When you first install a copy
of the SOFTWARE, you are granted an evaluation period of not
more than 7 days, after which time you must purchase a license
for the SOFTWARE, or you must remove the SOFTWARE from your
computer. Reinstalling the SOFTWARE after removal does not
reset the evaluation period. This license is not transferable
to any other hardware product or other company, entity, or
individual.
2. OWNERSHIP. The SOFTWARE is owned and copyrighted by Fookes
Software. Your license confers no title or ownership in the
SOFTWARE and should not be construed as a sale of any right in
the SOFTWARE.
3. COPYRIGHT. The SOFTWARE and all its contents is protected by
United States copyright law and international treaty
provisions. You acknowledge that no title to the intellectual
property in the SOFTWARE is transferred to you. You further
acknowledge that title and full ownership rights to the
SOFTWARE will remain the exclusive property of Fookes Software
and you will not acquire any rights to the SOFTWARE except as
expressly set forth in this license. You agree that any copies
of the SOFTWARE will contain the same proprietary notices which
appear on and in the SOFTWARE.
4. UNAUTHORIZED USE. You may not use, copy, rent, lease, sell,
modify, decompile, disassemble, otherwise reverse engineer, or
transfer the SOFTWARE except as provided in this agreement.
Any such unauthorized use shall result in immediate and
automatic termination of this license.
5. BUNDLING. In no case may the SOFTWARE be bundled with
hardware or other software without written permission from
Fookes Software (av. Eugène-Pittard 22 ter, CH-1206 Geneva,
Switzerland).
6. DISTRIBUTION. Provided that you verify that you are
distributing an unmodified copy of the distribution package of
the SOFTWARE, you are hereby licensed to make as many copies of
it as you wish; give exact copies of the original package of
the SOFTWARE to anyone; and distribute the package of the
SOFTWARE in its unmodified form via electronic means (Internet,
BBSs, Shareware distribution libraries, magazine disks,
CD-ROMs, etc.). You may charge a distribution fee for the
package, but you must not represent in any way that you are
selling the software itself.

Distribution of registration information that can be used to
transform the SOFTWARE into purchased mode is forbidden.

Permission to distribute the SOFTWARE is not transferable,
assignable, saleable, or franchisable. Each entity wishing to
distribute the package must independently satisfy the terms of
the distribution license.
7. U.S. GOVERNMENT INFORMATION. Use, duplication, or
disclosure by the U.S. Government of the computer software and
documentation in this package shall be subject to restrictions
as set forth in subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at DFARS 252.277-
7013 (Oct 1988) and FAR 52.227-19 (Jun 1987). The Contractor
is Fookes Software, av. Eugène-Pittard 22 ter, CH-1206 Geneva,
Switzerland.
8. LIMITED WARRANTY. THIS SOFTWARE IS PROVIDED ON AN "AS IS"
BASIS. FOOKES SOFTWARE DISCLAIMS ALL WARRANTIES RELATING TO
THIS SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT
LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. NEITHER FOOKES SOFTWARE NOR
ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION,
OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT,
CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR
INABILITY TO USE SUCH SOFTWARE, EVEN IF FOOKES SOFTWARE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE
PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND
PERFORMANCE OF THE SOFTWARE.

SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS
OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT LIABILITY
IS BY LAW INCAPABLE OF EXCLUSION OR RESTRICTION.

IN NO EVENT SHALL ANY THEORY OF LIABILITY EXCEED THE LICENSE
FEE PAID TO FOOKES SOFTWARE.
9. SEVERABILITY. In the event of invalidity of any provision
of this license, the parties agree that such invalidity shall
not affect the validity of the remaining portions of this
license.
10. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL
FOOKES SOFTWARE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY
CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY
KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE
SOFTWARE, EVEN IF FOOKES SOFTWARE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FOOKES
SOFTWARES LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT,
OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID
BY YOU, IF ANY.
11. GOVERNING LAW. This agreement shall be governed by the
laws of Switzerland, excluding the application of its conflicts
of law rules, and shall inure to the benefit of Fookes Software
and any successors, administrators, heirs, and assigns. Any
action or proceeding brought by either party against the other
arising out of or related to this agreement shall be brought
only in a COURT of competent jurisdiction located in
Switzerland. The parties hereby consent to in personam
jurisdiction of said courts. The United Nations Convention on
Contracts for the International Sale of Goods is specifically
disclaimed.
12. INSPECTION AND TESTING. You agree and acknowledge that you
will thoroughly inspect and test the SOFTWARE for all of your
purposes upon commencement of your use. Any suit or other
legal action, claim, or any arbitration relating in any way to
this agreement or software covered by it must be officially
filed or officially commenced no later than 90 days after your
first use of the software.
13. ENTIRE AGREEMENT. This is the entire agreement between you
and Fookes Software, which supersedes any prior agreement or
understanding, whether written or oral, relating to the
subject matter of this license.
14. RESERVED RIGHTS. All rights not expressly granted here are
reserved to Fookes Software.