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& CONDITIONS and END USER LICENCE AGREEMENT
The following discloses the Client Terms and Conditions and End User License Agreement for
the Web site 'www.screensavers-source.com' (referred as 'the website'), the software '3D screensavers'
(referred as 'the software'). The website, the software are referred collectively as 'The product'.
THE PRODUCT IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS STATEMENT. BECAUSE USING OR VISITING THE PRODUCT CONSTITUTES ACCEPTANCE
OF THESE TERMS AND CONDITIONS, PLEASE READ THEM CAREFULLY.
This End User License Agreement is a legal agreement between you (either an individual or a single entity) and Terminal Studio for
a Software Product downloaded by you from one of Terminal Studio's websites. By installing and using the software produced by
Terminal Studio you signify your acceptance of this End User License Agreement and you agree to be bound by the terms of this
End User License Agreement.
IF YOU DO NOT AGREE TO THE TERMS OF THIS End User License Agreement DO NOT INSTALL OR USE THE SOFTWARE.
Terminal Studio License
The software produced by Terminal Studio and made available for download and evaluation purposes from the websites of Terminal
Studio are protected by copyright laws and international copyright treaties. Registration and payment for the products are
available trough various resellers that can be found on Terminal Studio's websites. This license applies to all and any use
of the software, including evaluation period of the software.
Ownership of the software
You agree that the software and all licensed materials it might contain are licensed, not sold to you. You agree that the
software and its content, including the whole website, belong to Terminal Studio, including all intellectual and proprietary
rights, unless otherwise specified. Terminal Studio retains all right, title and interest in and to the software and its
content at all times, and regardless of the form or media in or on which the original or other copies may subsequently
exist. Any suggestions, ideas or inventions that you voluntarily and optionally disclose to us through any means will be
used, or not used, by Terminal Studio at Terminal Studio's sole discretion; and, Terminal Studio will have no obligation
to you regarding any ideas or inventions that you disclose through such means.
All material, including, without limitation, all video, sound, animations, and any other form of intellectual property licensed
to you by Terminal Studio as part of this agreement shall remain the property of Terminal Studio and may not be copied or reproduced,
altered, modified or changed, broadcast, distributed, transmitted or disseminated, sold or offered for sale in any manner, at any
time anywhere in the World except as expressly authorized by Terminal Studio in writing.
Terminal Studio grants a non-exclusive, limited
license, pursuant to the terms hereof, to install and use the most
current versions of the software solely for your personal, non-commercial
i. For use on a single computer accessible by one user at
a time for an unlimited evaluation period or.
ii. For ongoing use
on a single computer accessible by one user at a time following
payment and registration of the software.
Rental and Transfer of License
You may not rent, loan, transfer, sub-license the software without the written consent of Terminal Studio.
Evaluation (Non-Registered) Software Products
You may distribute, for evaluation purposes only, the evaluation (non-registered) version of the software only, provided that,
the copy of the evaluation software is in its original form as supplied by Terminal Studio and that this distribution is free of charge.
Registered Software Products
You may NOT distribute, copy, provide access, the registered version of the software, including but not limited to, the software
itself, the animations, the sounds and the music available in the member's area of the website and any content provided by Terminal
Studio that is not in the evaluation version.
Login and password
As a member of the website, you may NOT disclose your login and password to any third party. Disclosing your login and password to
any third party grants Terminal Studio rights to restrict your access to the website.
Transfer to other Computer
Provided that the registered software produced by Terminal Studio is removed from the computer from which it is transferred you
may transfer the software to another computer.
You may not, nor allow or cause a third party to reverse engineer, decompile or disassemble the software and its files.
Upon valid and up to date payment of a membership trough various resellers that can be found on Terminal Studio's websites, Terminal Studio gives you a limited nonexclusive, non-transferable and revocable license to access and download software, from the Website members' area. The license to access the members' area and download material shall automatically and immediately cease upon the termination of your membership.
Post membership license
Your license to use all the software, downloaded from the Website members' area, will be automatically revoked upon termination of your membership. YOU MUST REMOVE ALL THE SCREENSAVERS using the Microsoft® Windows® Add/Remove Programs menu in your Microsoft Windows control panel.
Creation of advertising material
Terminal Studio gives members of its websites a limited nonexclusive, non-transferable and revocable license to access and
download screenshots created by Terminal Studio for the exclusive purpose of creating advertising material for the websites
and software owned or operated by Terminal Studio. This license can be revoked at any time by Terminal Studio. Advertising
material created by members can consist of banners, wallpapers and postcards. Any other type of advertising material has
to be accepted in writing by Terminal Studio. Each piece of advertising has to mention Terminal Studio and the url www.screensavers-source.com.
By producing advertising material based on images owned by Terminal Studio, you agree to give license to anybody, including Terminal Studio,
to distribute this material for free. Any other use of that material than free distribution in the purpose of advertising for Terminal
Studio websites is strictly forbidden.
Copy or Partial use in other Software Products
The software may not be used in whole or part to enhance or assist in development of a similar or competitive product or otherwise use
the whole or part of the software product.
Terminal Studio does not assume any responsibility in case you chose to use or evaluate any product that's being developed and released
as Beta. Terminal Studio further disclaims any commitment to release any product that's being developed and released as Beta.
Ownership of the computer
You represent and warrant that you are the owner of the computer that you have authorized the download and installation of the
software, or the owner of the computer has authorized you to do so. You agree, with respect to all other users of the computer
their consent to same before allowing them to use the computer. Also, you agree not to use the software, in a manner prohibited
by law, or in violation of any contractual provision by which you are bound. You agree to comply with all applicable laws, rules
and regulations in your use of the software.
Voluntary Software and Right to Uninstall
You understand that the software is a voluntary software program and you may uninstall it at any time by using the Microsoft®
Windows® Add/Remove Programs menu in your Microsoft Windows control panel.
Terminal Studio has no obligation to make available to you any subsequent versions of the software. Without limiting Terminal
Studio's rights, you understand that Terminal Studio, in its discretion, may modify, discontinue, or suspend your right to
access the software at any time. Terminal Studio reserves all rights in the product not expressly granted to you in this Agreement.
For your convenience, your membership will recur every month until cancelled. You can cancel your membership by sending a message with ‘cancel my membership’ text in the subject line to firstname.lastname@example.org at least 2 business days before the date of the upcoming charge.
You agree to comply with all applicable laws, rules and regulations in connection with The product and not to use The
product to conduct any activity which is prohibited by law, or any contractual provision by which you are bound. You
agree that you will not use any device or process to interfere or attempt to interfere with the proper working of The product.
The laws of the Russian Federation will govern these Client Terms and Conditions and End User License Agreement, without
reference to conflicts of law principles. The parties hereby submit to the jurisdiction of, and waive any venue objections
against, the courts in Vologda, Russia. The United Nations Convention on Contracts for the Sale of Goods does not apply to
these Client Terms and Conditions and End User License Agreement.
THESE Client Terms and Conditions and End User License Agreement MAY BE TERMINATED AT ANY TIME BY UNINSTALLING THE PRODUCT
FROM THE COMPUTER ON WHICH IT RESIDES USING THE ADD/REMOVE PROGRAMS MENU IN THE MICROSOFT® WINDOWS® CONTROL PANEL.
ALL Refunds are given according to Terminal Studio's decision. No refunds are given past 30 days after the signup date.
Disclaimer of Warranty
USE OF THE PRODUCT IS AT YOUR OWN RISK. THE PRODUCT IS SUPPLIED ON AN "AS IS," "WHERE IS," BASIS WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF
THE Client Terms and Conditions and End User License Agreement. TERMINAL STUDIO MAKES NO WARRANTY THAT THE PRODUCT OR
THE SUPPLIED MATERIALS ARE ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE; THAT THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE PRODUCT WILL BE RELIABLE; THAT THE PRODUCT WILL IDENTIFY ANY IDENTITY THEFT, THAT THE QUALITY OF ANY
PRODUCTS OBTAINED OR PURCHASED THROUGH THE USE OF THE PRODUCT WILL MEET YOUR EXPECTATIONS; OR THAT ANY ERRORS IN THE
PRODUCT WILL BE CORRECTED.
Limitation of Liability
IN NO EVENT WILL TERMINAL STUDIO, ITS EMPLOYEES, DISTRIBUTORS, SUPPLIERS, MERCHANT PARTNERS, BUSINESS ASSOCIATES,
ADVERTISERS, DIRECTORS OR AGENTS (COLLECTIVELY "PROTECTED PARTIES") BE LIABLE FOR ANY INDIRECT DAMAGES OR OTHER RELIEF
ARISING OUT OF YOUR USE OR INABILITY TO USE THE PRODUCT INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST PROFITS,
LOST BUSINESS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE PRODUCT, EVEN IF A PROTECTED PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL PROTECTED PARTIES MAXIMUM CUMULATIVE
LIABILITY UNDER THE Client Terms and Conditions and End User License Agreement EXCEED ONE DOLLAR ($1.00).
Terminal Studio assumes no liability hereunder for, and shall have no obligation to defend you or to pay costs, damages or
attorneys' fees for, any claim arising from: any method or process in which The product may be used by you; any results of
using The product; any use of other than a current unaltered release of The product; or the combination, operation or use
of The product furnished hereunder with non-Licensed Materials if such infringement would have been avoided by avoidance
of the combination, operation, or use of The product with other programs, data, or other materials.
These Terms and Conditions sets forth the entire understanding and agreement between you and Terminal Studio with respect
to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable,
the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby.
Terminal Studio shall not be liable for any delay or failure in performance under this Agreement or interruption of service
resulting from acts of God, civil or military authority, war, labor disputes, materials provided by third parties, or any
cause beyond the reasonable control of Terminal Studio. Except as described herein, you may not assign this Agreement without
our explicit consent.
Copyright © 2002 - 2005, Terminal Studio, all rights reserved. Microsoft Windows is either a registered trademark or
a trademark of Microsoft Corporation