LinguaSaver End user license agreement

LinguaSaver Demo Screensaver
END-USER LICENSE AGREEMENT

IMPORTANT - READ CAREFULLY

THIS END-USER LICENSE AGREEMENT (EULA) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND LINGUASAVER INC., A CALIFORNIA COMPANY (LINGUASAVER), FOR A DEMO SCREENSAVER SOFTWARE PROGRAM WHICH INCLUDES COMPUTER SOFTWARE, ASSOCIATED MEDIA AND DOCUMENTATION (COLLECTIVELY DEMO SCREENSAVER).  BY CLICKING "ACCEPT AND INSTALL" OR DOWNLOADING, INSTALLING, ACCESSING OR USING THE DEMO SCREENSAVER WHETHER ONLINE OR FROM A DISK, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA.  IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, PROMPTLY REMOVE THE UNUSED DEMO SCREENSAVER FROM YOUR COMPUTER.
 

Ownership. 
The Demo Screensaver is protected by copyright and other intellectual property laws and treaties.  You are granted a license only to use the Demo Screensaver subject to the terms of this EULA but do not own the Demo Screensaver.  LinguaSaver or a third party retains all title to and ownership of the Demo Screensaver and all copies of and modifications to the Demo Screensaver.  The Demo Screensaver includes trade secrets and information that is confidential and proprietary to LinguaSaver or third parties and you agree to take all necessary actions to protect the confidentiality of such information.

 

Grant and Scope of License.
Subject to the terms of this EULA and payment of the license fee, LinguaSaver hereby grants to you a perpetual, nontransferable and nonexclusive right to install and use an executable (no source code) copy of the Demo Screensaver as follows:  (a) you are authorized to use, copy, duplicate, share and distribute this Demo Screensaver to anyone for no commercial purpose; (b) the Demo Screensaver may be installed on any personal or professional computers for the use of any user; and (c) the Demo Screensaver is for anyone`s use for replacing the image on a computer screen when the screen is not in use and for learning vocabulary in a foreign language.

 

Restrictions.
The Demo Screensaver is "Not for Resale" and you may not resell or otherwise transfer for value the Demo Screensaver.  You agree not to disclose, modify, decompile, translate, disassemble or reverse engineer the Demo Screensaver, except and only to the extent such activity is expressly permitted by applicable law notwithstanding this limitation. You agree not to rent or lease the Demo Screensaver.

 

No Warranty/Limitation of Liability. 
To the maximum extent permitted by applicable law, LinguaSaver MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE DEMO SCREENSAVER, ITS NON-INFRINGEMENT, QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.  AS A RESULT, THE DEMO SCREENSAVER IS LICENSED "AS IS" AND YOU ASSUME THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE. No LinguaSaver reseller, dealer, agent or employee is authorized to enter into any representation, warranty or guaranty with respect to the Demo Screensaver.

 

IN NO EVENT WILL LINGUASAVER BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE DEMO SCREENSAVER, even if advised of the possibility of such damages.

  

Termination. 
Your right to use the Demo Screensaver will automatically terminate if you fail to comply with the material terms of this EULA.  Upon any termination, you agree to remove the Demo Screensaver from your computers, destroy all copies of the Demo Screensaver, and, upon request from LinguaSaver, certify in writing your compliance herewith.

 

General Provisions. 
If any of the terms, or portions thereof, of this EULA are invalid or unenforceable under any applicable statute or rule of law, the court will reform the contract to include an enforceable term as close to the intent of the original term as possible; all other terms will remain unchanged. The waiver or failure of either party to exercise in any respect any right provided for in this EULA will not be deemed a waiver of any further or future right under this EULA. This EULA will inure to the benefit of, and is freely assignable to, LinguaSaver`s successors and assignees of rights in the Demo Screensaver.
 

Entire Agreement. 
This EULA constitutes the entire agreement between you and LinguaSaver relating to the Demo Screensaver, and any additions to, or modifications of, this EULA will be binding upon the parties only if in writing and signed by you and by a duly authorized officer of LinguaSaver.