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END-USER LICENSE AGREEMENT FOR WINDOW GADGETS SOFTWARE
IMPORTANT-READ CAREFULLY: This Window Gadgets End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Window Gadgets, Inc. (âWindow Gadgetsâ) for the Window Gadgets software product that this EULA came with, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following limited, non-exclusive rights: In consideration of payment of the license fee, which is a portion of the price, if any, you paid, Window Gadgets, as Licensor, grants to you, the Licensee, a nonexclusive right to use this copy of the SOFTWARE PRODUCT on a single computer. All rights not expressly granted to Licensee are reserved to Window Gadgets.
2. SOFTWARE OWNERSHIP. As the Licensee, you own the disks on which the SOFTWARE PRODUCT is recorded or fixed. Window Gadgets shall retain full and complete title to the SOFTWARE PRODUCT and all subsequent copies of the SOFTWARE PRODUCT, regardless of the media or form on or in which the original copies may exist. The License is not a sale of the original SOFTWARE PRODUCT.
3. COPYRIGHT. All rights, title, and copyrights in and to the SOFTWARE PRODUCT (including, but not limited to, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT) and any copies of the SOFTWARE PRODUCT are owned by Window Gadgets or its suppliers. Copyright laws and international treaty provisions protect the SOFTWARE PRODUCT. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material, except that you may make copies as only provided in this EULA. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
4. RESTRICTIONS ON USE. Licensee may physically transfer the SOFTWARE PRODUCT from one computer to another, provided that the SOFTWARE PRODUCT is used on only one computer at any one time. Licensee may not electronically transfer the SOFTWARE to multiple computers over a network system. Licensee may not distribute copies of the SOFTWARE PRODUCT or accompanying materials to others, unless this is a free or trial version of our SOFTWARE PRODUCTS, and in such case you may make copies of, and distribute copies of, the SOFTWARE PRODUCT, provided you do so for non-commercial purposes and receive no value in return. Licensee may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the SOFTWARE PRODUCT or its accompanying printed or written materials.
5. TRANSFER RESTRICTIONS. Licensee shall not assign, rent, lease, sell, sublicense, or otherwise transfer the SOFTWARE PRODUCT to another party without prior written consent Window Gadgets. Any party authorized by Window Gadgets to receive the SOFTWARE PRODUCT must agree to be bound by the terms and conditions of this Agreement.
6. TERMINATION. Without prejudice to any other rights, Window Gadgets may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
7. NO WARRANTY; LIABILITY LIMITATION; CHOICE OF LAW
NO WARRANTIES. Window Gadgets expressly disclaims any warranty for the SOFTWARE PRODUCT. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.
NO LIABILITY FOR DAMAGES. In no event shall Window Gadgets or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this Window Gadgets product, even if Window Gadgets has been advised of the possibility of such damages. In any case, Window Gadgets entire liability under any provision of this License shall be limited to the greater of the amount actually paid by you for the SOFTWARE PRODUCT or U.S. $5.00. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.