| Maria Elena's
Piñatas Screensaver
Version 1.0, (build 1037) for Microsoft Windows95/98 or Windows NT
Copyright
© 1998-2007 Maria Elena. ALL RIGHTS RESERVED WORLDWIDE
SOFTWARE END-USER LICENSE
AGREEMENT ("EULA")
IMPORTANT. READ CAREFULLY.
NOTICE TO USER:
BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND
BY ALL THE TERMS AND CONDITIONS OF THIS END-USER LICENSE AGREEMENT. If you do
not agree with the terms and conditions of the License Agreement, do not
install or use the software and promptly delete or destroy any and all copies
you have of the software. USE OF THIS SOFTWARE IMPLIES THAT YOU READ,
UNDERSTOOD AND AGREED TO THE TERMS AND CONDITIONS LISTED IN THIS
DOCUMENT.
COPYRIGHT NOTICE
This product, Maria Elena's
Piñatas Screensaver (in whole or in part, including all files and the
included art images, data, and documentation, from here on referred to as
"Software") is Copyright © 1989-2000 by Maria Elena with all
rights reserved, and is protected by United States copyright laws,
international treaties and all other applicable national or international laws.
The sole owner of this product is the visual artist Maria Elena (herein
"Maria Elena") and her suppliers and contractors.
LICENSE AGREEMENT
GRANT. Subject to the provisions
contained herein, Maria Elena hereby grants you a limited License to use Maria
Elena's Piñatas Screensaver free of monetary charge. You may make
unlimited copies of the Software for your personal use and give copies to other
persons so long as all such copies are unaltered copies of the original
distribution archive and contain this Agreement and the same copyright and
other proprietary notices that appear on or in the Software. This software is
distributed as freeware for PERSONAL AND NON-PROFIT use only. Any other use is
strictly prohibited. Particularly, any use for the profit of anyone else, other
than the artist Maria Elena, is strictly prohibited. Under no circumstances are
you authorized to copy, print or otherwise duplicate, extract or distribute any
of the software's embedded art images.
TITLE. This software IS NOT in the
Public Domain. Title, ownership rights, and intellectual property rights in and
to the Software, images and Documentation shall remain with Maria Elena and/or
her suppliers. This Agreement does not include the right to copy or sublicense
the Software or the images and is personal to you and therefore may not be
assigned (by operation of law or otherwise) or transferred without the prior
written consent of Maria Elena. You acknowledge that the Software in source
code form remains a confidential trade secret of Maria Elena and/or its
suppliers and therefore you agree not to attempt to decipher, decompile,
disassemble or reverse engineer the Software or allow others to do so, except
to the extent applicable laws specifically prohibit such restriction. You
further agree not to modify, alter or create derivative works of the
Software.
CONTENT. This License gives you no
rights to any content in the software. Furthermore, the screensaver images may
not be used separately from the screensaver software, and any attempt to do so,
immediately terminates this license agreement.
MISCELLANEOUS. This Agreement
represents the complete and exclusive statement of the agreements concerning
this license between the parties and supersedes all prior agreements and
representations between them. It may be amended only by a writing executed by
both parties. If any provision of this Agreement is held to be unenforceable
for any reason, such provision shall be modified only to the extent necessary
to make it enforceable, and such decision shall not affect the enforceability
(i) of such provision under other circumstances or (ii) of the remaining
provisions hereof under all circumstances. This License shall be governed by
and construed in accordance with the laws of Lane County, in the State of
Oregon, in the United States of America. This Agreement will not be governed by
the United Nations Convention of Contracts for the International Sale of Goods,
the application of which is hereby expressly excluded.
SUPPORT. This software comes with no
promise or offer of any future support, service, upgrades, or technical or
other assistance, and you will have no right to contact Maria Elena or her
suppliers for such services or assistance. Furthermore, you acknowledge that
your use of this software is entirely at your our risk.
TERMINATION. Either party may
terminate this Agreement immediately in the event of default by the other
party. This Agreement shall automatically terminate, without notice, upon
failure by you to comply with any of its terms or conditions. This License
shall continue for as long as you use the software. You can terminate this
agreement by discontinuing use of the software. Upon any termination of this
Agreement, you agree to immediately discontinue the use of the Software and
shall within three (3) days destroy all copies of the Software and
documentation. The Limitations of Warranties and Liability set out below shall
continue in force even after any termination.
RESTRICTIONS. You may not use, copy,
modify, translate, or transfer the product or any copy except as expressly
defined in this agreement. You may not remove or modify any copyright
notice.
LIMITED DISTRIBUTION LICENSE.
Permission is granted to shareware and freeware distribution entities, such as
CD-ROM publishers and Internet file-distribution websites, to distribute Maria
Elena's Piñatas Screensaver, provided they supply a complete and
unaltered copy of this product, and provided they claim no ownership of these
products.
DISCLAIMER OF WARRANTY. MARIA ELENA
DOES NOT MAKE ANY WARRANTY THAT THE SOFTWARE IS COMPATIBLE OR OPERABLE WITH
YOUR COMPUTER EQUIPMENT OR SOFTWARE, OR THAT THE SOFTWARE WILL PERFORM WITHOUT
INTERRUPTION OR IS FREE OF ERRORS. THIS SOFTWARE IS PROVIDED ON AN "AS
IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY,
OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR THOSE ARISING BY
LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE SOFTWARE IS BORNE BY YOU. SHOULD THE SOFTWARE
PROVE DEFECTIVE, YOU AND NOT MARIA ELENA (OR HER SUPPLIERS) ASSUME THE ENTIRE
COST OF ANY SERVICE OR REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
ESSENTIAL PART OF THE AGREEMENT.
SOME STATES 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 FROM STATE TO STATE OR BY
JURISDICTION.
LIMITATION OF LIABILITY. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO
LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL MARIA ELENA OR HER SUPPLIERS
BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY
AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL MARIA ELENA BE
LIABLE FOR ANY DAMAGES WHATSOEVER, EVEN IF MARIA ELENA SHALL HAVE BEEN INFORMED
OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. MARIA ELENA IS
ALSO NOT RESPONSIBLE FOR CLAIMS BY ANY THIRD PARTIES. FURTHERMORE, SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
MARIA ELENA RESERVES ALL RIGHTS NOT
SPECIFICALLY GRANTED IN THIS LICENSE AGREEMENT.
Windows 95/98/ME/2000/NT/XP is a
registered trademark of Microsoft Corporation.
Your use of the materials in this software
package implies your agreement with the terms in this software license
agreement.
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