IMPORTANT – READ CAREFULLY: This Warcraftscreensavers.com End-User License Agreement (the “Agreement”) is a legal agreement between you (either an individual or a single entity) and Warcraftscreensavers.com Limited for the Warcraftscreensavers.com Screen Saver (the “Software”). By installing, copying or otherwise using the Software, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, do not install, copy or otherwise use the Software.
1.1 Warcraftscreensavers.com (“WarcraftScreensavers”) hereby grants you the following rights for your own purposes only, and not those of any third party:
(a) You may install and use the Software on as many computers as you like (into RAM and/or onto computer hard drive);
(b) You may not upload this software on any public or private websites or servers without our permission.
(b) You may not decompile, reverse engineer, copy, transfer, or other-wise use the Software except as expressly stated in this Agreement;
1.2 The Software and any associated documentation (the “Documentation”) contain confidential information of WarcraftScreensavers.com and all copyright, trademarks and all other intellectual property rights in and to the Software and Documentation are and shall remain the sole and exclusive property of WarcraftScreensavers.com. Nothing in this Agreement shall confer any rights in any tradename, business name or trademark of WarcraftScreensavers.com on you. The provisions of this Clause 1.2 shall continue to operate after the termination of this Agreement.
1.3 Save as otherwise expressly set out herein and as otherwise expressly permitted by law, you shall not:
(a) Make any temporary or permanent reproduction by any means and in any form, in whole or in part, of the Software or the Documentation;
(b) Make any translation, adaptation, arrangement or any other alteration of the Software or the Documentation;
(c) Make any form of distribution to the public of the Software or the Documentation, in whole or in part, or of copies thereof;
(d) Make any communication, display or performance to the public of the Software or the Documentation;
(e) Disseminate, sell, give away, hire, lease, offer or expose for sale or distribute the Software, or another product wholly or partially derived from any of the foregoing;
(f) Assign, transfer, sell, lease, rent, charge or otherwise deal in or encumber the Software or the Documentation or use the Software or the Documentation on behalf of any third party, or make available the same to any third party without the prior written consent of WarcraftScreensavers.com;
(g) Copy, adapt or reverse compile the whole or any part of the Software or the Documentation;
(h) Remove or alter any copyright or other proprietary notice from the Software or the Documentation.
1.4 WarcraftScreensavers.com will not be bound by any term, condition or other provision proffered by you which is different from or in addition to the provisions of this Agreement unless WarcraftScreensavers.com agrees to such provisions in writing.
1.5 This Agreement supersedes any and all prior agreements, statements and representations between WarcraftScreensavers.com and you.
1.6 No amendment, modification or waiver of any of the provisions of this Agreement shall be valid unless set out in writing and signed by each party.
1.7 If any provision of this Agreement shall be found by any court or administrative body of any competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of this Agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.
1.8 You shall not be entitled to assign or otherwise transfer this Agreement nor any of its rights or obligations hereunder, without the prior written consent of WarcraftScreensavers.com.
2. Term and Termination
2.1 WarcraftScreensavers.com may terminate this Agreement if you breach any of the terms of this Agreement and fail to remedy such a breach within fifteen (15) days of receipt of written notice from WarcraftScreensavers.com. Upon such termination you shall destroy the Software, and the Documentation and any back-up or archival copy of the Software and you shall provide written certification of such destruction to WarcraftScreensavers.com.
2.2 You may terminate this Agreement at any time by destroying the Software, the Documentation and any back-up or archival copy of the Software.
2.3 All provisions of this Agreement which in order to give effect to their meaning need to survive its termination shall remain in full force and effect thereafter.
3. NO WARRANTIES
3.1 WARCRAFTSCREENSAVERS.COM IS PROVIDING THIS SOFTWARE AND THE ACCOMPANYING FILES “AS IS”. AUTHOR DISCLAIMS ALL WARRANTIES, CONDITIONS OR REPRESENTATIONS (WHETHER EXPRESSED OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING FILES. AUTHOR DOES NOT WARRANT THAT THE SOFTWARE WILL FUNCTION WITHOUT INTERRUPTION OR BE ERROR FREE, THAT AUTHOR WILL CORRECT ALL DEFICIENCIES, ERRORS, DEFECTS OR NONCONFORMITIES OR THAT THE SOFTWARE WILL MEET YOUR SPECIFIC REQUIREMENTS.
Author expressly disclaims any warranty for the SOFTWARE. The SOFTWARE is provided “As Is” without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Author does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE. Author makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Author further expressly disclaims any warranty or representation to Authorized Users or to any third party.
4. Consequential Damages
4.1 In no event shall WarcraftScreensavers.com be liable for any indirect, incidental, special or consequential damages (including without limitation any loss of data or business interruption) arising out of the performance or failure of the Software even if such damages were reasonably foreseeable or WarcraftScreensavers.com had been advised of the possibility of such damages.
5.1 WarcraftScreensavers.com does not warrant that the Software and/or the Documentation will meet your requirements or that the operation of the Software will be uninterrupted or error free.
6.1 We hold the right to change, edit or modify this agreement without notice.