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User License Agreement:
End User License Agreement
Two Brothers Software Screen Saver
IMPORTANT READ CAREFULLY: This End User License Agreement ("Agreement") is a legal and binding agreement between you (either an individual or a single entity) ("You" or "Your") and "Two Brothers Software, LLC.". ("Two Brothers Software, LLC.") For the software product You are about to download (or otherwise install) and the associated proprietary media, printed materials, any associated documentation (including any electronic documentation), and also any updates or modifications of the foregoing provided by "Two Brothers Software, LLC." or its licensees or agents to You (collectively "Software").
WHEN YOU CLICK ON THE "I ACCEPT" BUTTON OR WHEN YOU OTHERWISE INSTALL OR USE ANY PART OF THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO (OR CANNOT COMPLY WITH) ALL OF THE TERMS OF THIS AGREEMENT, (1) CLICK THE "I DO NOT ACCEPT" BUTTON, AND YOU WILL NOT BE AUTHORIZED TO USE OR HAVE ANY LICENSE TO USE ANY PART OF THE SOFTWARE AND (2) RETURN THE UNUSED SOFTWARE (INCLUDING ALL RELATED MANUALS AND DOCUMENTATION) AND THE PROOF OF PAYMENT TO THE PLACE YOU OBTAINED THEM FOR A FULL REFUND WITHIN 30 DAYS OF ACQUIRING THE SOFTWARE. WRITTEN APPROVAL IS NOT A PREREQUISITE TO THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT AND NO SOLICITATION OF ANY SUCH WRITTEN APPROVAL BY OR ON BEHALF OF "TWO BROTHERS SOFTWARE, LLC." SHALL BE CONSTRUED AS AN INFERENCE TO THE CONTRARY. IF "TWO BROTHERS SOFTWARE, LLC." CONSIDER THESE TERMS AN OFFER, YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
Under this Agreement, You are obtaining one of the following three types of licenses: (1) a "Trial License" which will allow you to use the Software free of charge, for a limited period of time designated by "Two Brothers Software, LLC." for evaluation purposes only; (2) a "Single-User License" which will allow you to use one copy of the Software for Your personal use; or (3) a "Volume License" which is a license granted when You have purchased multiple seats to the Software and which will allow you to use the Software on multiple computers at once.
This End User License Agreement covers both Two Brothers Software Trial Screen Saver and The Screen Saver Construction Kit
(a) Trial License. If you are purchasing a Trial License, subject to your compliance with the terms and conditions of this Agreement, "Two Brothers Software, LLC." hereby grants to you a limited, personal, non-sublicensable, non-transferable, non-exclusive license to:
(i) Use one copy of the Software to evaluate the Software and only for Your personal, noncommercial use on a single computer system and only in accordance with the accompanying end user documentation; and
(ii) Make one copy of the Software in machine-readable form solely for archival back-up purposes, provided you reproduce "Two Brothers Software, LLC."'s copyright proprietary legends in any such copy.
(iii) For commercial use of trial software, the program will not be fully functional, unless specifically noted individualy.
(iv) Commercial use trial software will not include any warranty to the effectiveness of RUG-III calculations, and is designed to show the user the effectiveness of the software package.
(b) Single User License. (for purposes of this agreement, a single license for a single commercial site will be considered a single unser license.) If you are purchasing a Single-User License, or a limited quanity of, subject to your compliance with the terms and conditions of this Agreement, "Two Brothers Software, LLC." hereby grants to you a limited, personal, non-sublicensable, non-transferable, non-exclusive license to:
(i) Use one copy of the Software only for Your personal or limited commercial use on a single computer system and only in accordance with the accompanying end user documentation; and
ii)Make one copy of the Software in machine-readable form solely for archival back-up purposes, provided you reproduce "Two Brothers Software, LLC."'s copyright proprietary legends in any such copy.
iii)In the event that you request that there be a transfer of the single use license, a prior written request must be made to TWO BROTHERS SOFTWARE:
TWO BROTHERS SOFTWARE
Janesville WI 53546
In this written request, it must be clearly explained why the transfer is unavoidable and necessary. Additionaly, there must be a written statement that all code at the transferring site has been permanently eliminated, along with all propietary files, generated by the program. If such files were not or could not be eliminated, the reason why they could not be. ALL DECISIONS REGARDING THE TRANSFER OF A SINGLE USER LICESNSE WILL BE AT THE DISCRETION OF TWO BROTHERS SOFTWARE EXCLUSIVELY
(c) Volume License. If You are purchasing a Volume License from "Two Brothers Software, LLC." or one of its authorized distributors subject to Your compliance with the terms and conditions of this Agreement, "Two Brothers Software, LLC." hereby grants to You a limited, personal, non-sublicensable, non-transferable, non-exclusive license to:
(I) Install the object code of the Software on computers owned or controlled by You only for Your business purpose, provided that the number of computers that the Software may be installed on shall never exceed the number of seats of the Software you have purchased from "Two Brothers Software, LLC." or its distributors; and
(ii) Use the Software in accordance with the relevant end user documentation.
2. License Restrictions.
(a) General Restrictions. You shall not (nor shall You permit anyone else to) directly or indirectly:
(i) copy (except as expressly set forth above), modify, or distribute the Software or any portion thereof;
(ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of the Software or any portion thereof (except where the foregoing is permitted by applicable local law, and then only to the extent so permitted);
(iii) rent, lease, or use the Software or any portion thereof for timesharing or service bureau purposes, or otherwise use or allow the use of the Software or any portion thereof for any commercial purpose or on behalf of any third party;
(iv) remove or obscure any proprietary notices on the Software;
(v) Post or otherwise make available the Software or any portion thereof, in any form, on the Internet or the World Wide Web or local network service unless licensed as such.
(vi) distribute copies of the Software to others (electronically or otherwise);
(vii) use a previous version of the Software after you receive a new version and are asked to discontinue using the previous version;
(viii) export or re export the Software in violation of any laws or regulations; or
(ix) Make any single copy of the Software available for use by multiple users over any network or from any remote workstation or terminal. Each single computer on which Software is installed and used shall be primarily available to only a single User. You are responsible for all fees and costs associated with the copying and installation of the Software. As a specific condition of this license, You agree to use the Software in compliance with all applicable laws, including without limitation copyright laws, and that You will not copy, transmit, perform or distribute any audio, video or other content using the Software without obtaining all necessary licenses or permissions from the owner of the content.
Exemption from 2(a)(i), (v), (vi), (ix) ? If the Two Brothers Software Screen Saver Construction kit has been purchased, then the following license agreement statement supersedes the above requirements. Fully licensed users of the construction kit may freely distribute the Screen Saver Framework with their images in any legal manner that they so chose (world wide web, CD, DVD, E-Mail, or other media). The licensed user has the right to distribute in this manner as long as the framework is distributed in the prescribed manner. Violators of the redistribution agreement of this EULA agree to pay full retail price for each copy that is distributed.
(b) Restrictions limited to Volume License. If you are purchasing a Volume License:
(i) if the Software is moved from one single computer to another computer owned or controlled by You, You must destroy the copy on the first computer, unless the number of Seats purchased allows for the addition of another copy; and
(ii) You may not install the Software on any computer not owned or controlled by you.
3. Special Limitations/Requirements/Restrictions/Disclaimers/Liability Limitations with respect to the use of the Software. The Software contains certain materials and technology and the use of the Software is therefore subject to the following additional limitations, requirements, restrictions, disclaimers and liability limitations:
(a) General requirements:
4. Proprietary Rights. "Two Brothers Software, LLC." and its licensors shall own and retain all right, title, and (except as expressly licensed hereunder) interest in and to the Software all copies or portions thereof, and any derivative works thereof (by whoever created). Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect this Software. Notwithstanding anything else, the Software is licensed and not sold. "Two Brothers Software, LLC." and its licensors reserve all rights in the Software not specifically granted in this Agreement.
5. Confidentiality. You agree to maintain the Software and any data or databases contained therein in confidence and that You will not disclose the Software to any third party without the express written consent of "Two Brothers Software, LLC." You may not use the Software except as set forth herein. You further agree to take all reasonable precautions to preclude access of unauthorized persons to the Software.
6. Term and Termination. This license is effective until terminated hereunder;
Provided, however, that if you are only permitted to use the Software on a trial basis, this license is only effective for the trial period specified by "Two Brothers Software, LLC." You may terminate the license at any time by destroying the Software (including the related documentation) together with all copies or modifications in any form. "Two Brothers Software, LLC." will have the right to terminate the license granted herein immediately if You fail to comply with any term or condition of this or future agreement. The license granted to you herein will terminate automatically upon any breach of Section 2 or 3. Upon termination of this Agreement for any reason, You shall immediately stop using the Software and the Images and shall destroy and remove from all computers, hard drives, networks, and other storage media all copies of the Software. Sections 2, 3 (except for the license grants under Section 3), and 4 through 16 shall survive any termination of this Agreement.
7. Limited Warranty. Except if You are purchasing a Trial License, for a period of sixty (60) days from the date You purchase the Software (the "Warranty Period"), "Two Brothers Software, LLC." and its Licensors warrant only that the Software will perform substantially in accordance with the specifications stated for the Software in the accompanying written end-user documentation. THIS WARRANTY SHALL NOT APPLY TO ANY SOFTWARE WHICH HAS BEEN ABUSED, MISUSED, DAMAGED IN TRANSPORT, ALTERED, NEGLECTED, OR SUBJECTED TO UNAUTHORIZED REPAIR OR INSTALLATION, AS REASONABLY DETERMINED BY "TWO BROTHERS SOFTWARE, LLC." THE FOREGOING LIMITED WARRANTY SHALL NOT APPLY IF YOU ARE PURCHASING A TRIAL LICENSE.
NOTWITHSTANDING ANYTHING ELSE HEREIN, THE ENTIRE LIABILITY OF "TWO BROTHERS SOFTWARE, LLC." AND ITS LICENSORS, AND YOUR EXCLUSIVE REMEDY FOR A BREACH OF THE FORGOING WARRANTY, SHALL BE, AT "TWO BROTHERS SOFTWARE, LLC."'S OPTION AND EXPENSE: (A) REPAIR OR REPLACEMENT OF THE SOFTWARE FOR SOFTWARE THAT MEETS THE WARRANTY OR (B) A REFUND OF THE PURCHASE PRICE PAID BY YOU FOR THE SOFTWARE AMORTIZED OVER A TWO (2) YEAR PERIOD, IN BOTH CASES WHERE THE SOFTWARE IS RETURNED TO "TWO BROTHERS SOFTWARE, LLC." ACCORDING TO THE CLAIM PROCEDURE BELOW, WITHIN THE WARRANTY PERIOD.
NO WARRANTY IS MADE REGARDING THE CONTINUATION OF THE MEDICARE PROGRAM IN UTILIZATION OF THE RUG-III CLASSIFICATIONS, AND ANY CHANGES IN THE RUG-III CLASSIFICATION BY THE MEDICARE PROGRAM WOULD NOT BE COVERED UNDER THE LIMITED WARRANTY.
8. Warranty Disclaimer.
THE LIMITED WARRANTY SET FORTH IN SECTION 7 IS THE ONLY WARRANTY PROVIDED BY "TWO BROTHERS SOFTWARE, LLC." AND DOES NOT APPLY IF YOU ARE PURCHASING A TRIAL LICENSE. EXCEPT FOR THE FOREGOING, THE SOFTWARE AND ANY SERVICES ARE PROVIDED "AS IS" AND "TWO BROTHERS SOFTWARE, LLC." MAKE NO WARRANTY OF ANY KIND WITH REGARD TO THE SOFTWARE OR ANY SERVICES PROVIDED BY "TWO BROTHERS SOFTWARE, LLC." HEREUNDER. "TWO BROTHERS SOFTWARE, LLC." EXPRESSLY DISCLAIM ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
FURTHER, "TWO BROTHERS SOFTWARE, LLC." DO NOT WARRANT RESULTS OF USE OR THAT THE SOFTWARE IS BUG FREE OR THAT ITS USE WILL BE UNINTERRUPTED. "TWO BROTHERS SOFTWARE, LLC." AND ITS LICENSORS DO NOT AND CANNOT WARRANT THE RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
9. Warranty Claim Procedure. If you have purchased the Software bundled with a computer hardware product, You must return the Software to the computer hardware manufacturer within the Warranty Period. If you have purchased the Software on a stand-alone basis, then any claim under the Limited Warranty set forth above must be submitted before the end of the Warranty Period to "Two Brothers Software, LLC." at the address listed below. Any returned Software must be insured, shipped freight prepaid, and securely packaged. You must call "Two Brothers Software, LLC." at the appropriate number listed for a Return Material Authorization Number (RMA) before shipping any product, and include this number, a copy of Your sales slip and a description of the problem You are experiencing with the product.
"Two Brothers Software, LLC."
Attn: Customer Service
Janesville WI, 53546
10. Limitation of Liability.
NOTWITHSTANDING ANYTHING ELSE HEREIN, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL "TWO BROTHERS SOFTWARE, LLC." OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON (I) FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR DAMAGES RESULTING FROM YOUR USE OF THE SOFTWARE OR THE SERVICES PROVIDED BY "TWO BROTHERS SOFTWARE, LLC." OR (II) FOR ANY MATTER BEYOND "TWO BROTHERS SOFTWARE, LLC." OR ITS LICENSOR'S REASONABLE CONTROL. "TWO BROTHERS SOFTWARE, LLC."'S AND ITS LICENSOR'S MAXIMUM LIABILITY FOR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO (I) THE PURCHASE PRICE PAID BY YOU FOR THE SOFTWARE OR (II) IF YOU RECEIVED THE SOFTWARE FREE OF CHARGE ON A TRIAL BASIS, ZERO DOLLARS ($0.00), EXCEPT WHERE NOT PERMITTED BY APPLICABLE LAW, IN WHICH CASE "TWO BROTHERS SOFTWARE, LLC."'S LIABILITY SHALL BE LIMITED TO THE MINIMUM AMOUNT PERMITTED BY SUCH APPLICABLE LAW. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF "TWO BROTHERS SOFTWARE, LLC." HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
NO LIABLILITY WILL BE APPLICABLE IF THE PROGRAM HAS NOT BEEN SECURED ON YOUR SYSTEM AND TROJAN PROGRAMS HAVE, OR COULD HAVE POSSIBLY CHANGED THE CODE OF THIS PROGRAM, OR THE PROPIETARY FILES ASSOCIATED WITH THIS PROGRAM.
11. Export. You shall comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control ("OFAC"), or other United States or foreign agency or authority, and You shall not export, or allow the export or re-export of the Software in violation of any such restrictions, laws or regulations. By using the Software, You agree to the foregoing and represents and warrants that you are not located in, under the control of, or a national or resident of any restricted country.
12. Indemnity. You agree that "Two Brothers Software, LLC." shall have no liability whatsoever for any use You make of the Software. You shall indemnify and hold harmless "Two Brothers Software, LLC." from any third party claims, damages, liabilities, costs and fees (including reasonable attorney fees) arising from Your use of the Software as well as from Your failure to comply with any term of this Agreement.
13. Government Restricted Rights. If You are an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer of the Software, or any related documentation of any kind, including technical data or related manuals, is restricted in accordance with Federal Acquisition Regulation 12.212 for civilian agencies and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies. This Software is commercial computer software and the related documentation is commercial computer software documentation. The use of the Software and related documentation is further restricted in accordance with the terms of this Agreement, or any modification hereto. "Two Brothers Software, LLC." Inc. is located at 1923 Arbutus, Janesville, WI, 53546.
14. WARNING: IF YOU ARE PURCHASING A TRIAL LICENSE, THE SOFTWARE CONTAINS A ROUTINE THAT WILL CAUSE THE SOFTWARE TO FUNCTION AT A MINIMUM LEVEL. SO YOU MUST BE PREPARED AT ALL TIMES AND MAY NOT RELY ON THE SOFTWARE.
15. Volume License Installation Process and Support Terms. This Section 15 only applies to you if you are purchasing a Volume License.
a. Irrespective of the number of seats You have purchased, You should receive at least one object code copy of the Software in a box per site (a "Boxed Copy"), a "multiple user installation license key" in order to install the Software on the number of computers for which You have purchased seats, and a printed guide to installing the Software on multiple computers.
b. In connection with Your purchase of a Volume License, upon Your provision of the appropriate support code provided to You by "Two Brothers Software, LLC." or its distributors You will be entitled to ninety (90) days of free support from "Two Brothers Software, LLC." or its contractors for the number of seats of the Software You have purchased. Such support shall be provided in accordance with "Two Brothers Software, LLC."'s then-standard support terms and conditions for volume license purchasers effective in the territory which You use the Software). For each Code you receive, You may only have one employee that serves as Your "Application Administrator." This person will serve as the main technical contact to "Two Brothers Software, LLC." and/or its support contractors. The initial person who contacts "Two Brothers Software, LLC." and provides the TSID Code will be recorded as the designated contact to receive support for the Software.
c. If you receive a separate volume license agreement from "Two Brothers Software, LLC." any additional terms in such agreement will apply to you and any terms of this Agreement that conflict with such separate agreement shall not apply to you.
16. General. This Agreement and the terms of any Volume License Agreement provided to you (if any) represent the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. Only a writing executed by both parties may amend this Agreement. If any provision of this Agreement is held to be illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary to make it legal and enforceable and this Agreement shall otherwise remain in full force and effect and enforceable. The failure of "Two Brothers Software, LLC." to act with respect to a breach of this Agreement by You or others does not constitute a waiver and shall not limit "Two Brothers Software, LLC."'s rights with respect to such breach or any subsequent breaches. This Agreement is personal to you and may not be assigned or transferred for any reason whatsoever without "Two Brothers Software, LLC."'s prior written consent and any action or conduct in violation of the foregoing shall be void and without effect. "Two Brothers Software, LLC." expressly reserve the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement shall be governed by and construed under Wisconsin law.
17. Two Brothers Software, LLC, cannot be responsible for degradation of data as a result of unforeseen file corruption. Nor can Two Brothers Software, LLC be held responsible for any cost incurred due to data corruption. Two Brothers Software, LLC recommends very frequent backups of data files to prevent losses of data to unforeseen degradation.
EACH PARTY RECOGNIZES AND AGREES THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THIS AGREEMENT ARE MATERIAL BARGAINED FOR BASES OF THIS AGREEMENT AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT.
Questions concerning this Agreement should be sent to the address set forth below. Any notices or correspondences will only be effective if sent to such address.
"Two Brothers Software, LLC."
Janesville, WI, 53546