IMPORTANT: THIS SCREENSAVER END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND IONLINE PTY LTD. READ IT CAREFULLY BEFORE DOWNLOADING AND USING THE SCREENSAVER. IT PROVIDES A LICENSE TO USE THE SCREENSAVER AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY SELECTING THE DOWNLOAD OR INSTALL NOW BUTTON AND USING THE SCREENSAVER, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SCREENSAVER AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL THE SCREENSAVER.
1. License Grants
You may download, install and use the screensaver on a single desktop computer that has a Windows PC operating system (including desktop PC versions of Windows 95, 98, 2000, NT, ME and XP (Home and Professional).
2. License Restrictions
You may not make or distribute copies of the screensaver, or electronically transfer the screensaver from one computer to another or over a network.
You may not alter, merge, modify, adapt or translate the screensaver, or decompile, reverse engineer, disassemble, or otherwise reduce the screensaver source to a human-perceivable form.
You may not sell, rent, lease, or sublicense the screensaver.
You may not modify the screensaver or create derivative works based upon the screensaver.
3. Ownership
The foregoing license gives you limited license to use the screensaver. iOnline Pty Ltd retains all right, title and interest, including all copyright and intellectual property rights, in and to, the screensaver and all copies thereof. All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved by iOnline Pty Ltd
4. WARRANTY DISCLAIMER
THE SCREENSAVER IS PROVIDED TO YOU FREE OF CHARGE, AND ON AN "AS-IS" BASIS. IONLINE PTY LTD PROVIDES NO TECHNICAL SUPPORT, WARRANTIES OR REMEDIES FOR THE SCREENSAVER.
IONLINE PTY LTD DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. IONLINE PTY LTD DOES NOT WARRANT THAT THE SCREENSAVER IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SCREENSAVER, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (30) DAYS FROM THE DATE OF DELIVERY.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY IONLINE PTY LTD SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
IONLINE PTY LTD SHALL HAVE NO RESPONSIBILITY IF THE SCREENSAVER HAS BEEN ALTERED IN ANY WAY, OR FOR ANY FAILURE THAT ARISES OUT OF USE OF THE SCREENSAVER.
5. LIMITATION OF LIABILITY
IONLINE PTY LTD SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SCREENSAVER AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF IONLINE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
6. Consumer End Users Only
The limitations or exclusions of warranties and liability contained in this EULA do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in the course of a business.
The limitations or exclusions of warranties, remedies or liability contained in this EULA shall apply to you only to the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.
7.General
This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. The failure or delay of iOnline pty ltd to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.
If any provision of this EULA shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this EULA will remain in full force and effect.
All questions concerning this EULA shall be directed to: iOnline pty ltd, <eastersavers@ionlinemail.com>.
Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the screensaver. This EULA does not authorize you to use iOnline pty ltd's or its licensors' names or any of their respective trademarks.
