screenMX distribution permissions and end-user license agreement
ANDUP GMBH & CO KG - SOFTWARE LICENSING AGREEMENT
screenMX - Flash & Director screensaver creator - Created by andUP Gmbh & Co.KG
Read this agreement to be entered into by you (*Recipient*) and andUP in its entirety. Installation and/or use of this Software shareware Product (*Shareware*) is contingent on your acceptance of the following terms. If you do not agree to the following terms, you may not install and/or use this product. If you proceed with the installation and/or use of this product, you are affirming that you have read and understood this agreement and that you agree to be bound by it.
1. GRANT OF LICENSE TO USE SHAREWARE
Recipient is hereby granted a limited, non-exclusive, nontransferable, royalty-free license to use the Shareware without charge for an evaluation period.
2. LIMITATIONS ON LICENSE
All other rights not specifically granted under the previous sections of this Agreement are reserved to andUP. andUP shall retain title and all ownership rights to the Shareware. Recipient may not reverse engineer, decompile, disassemble, or modify in any way the Shareware, or take steps of any kind to circumvent the evaluation session limitation built into the Shareware, or to assist others in the circumvention of the evaluation session limitation built into the Shareware.
3. PRODUCT MAINTENANCE
andUP is not obligated to provide maintenance or updates of the Shareware to Recipient. However, any maintenance or updates provided by andUP shall be covered by this Agreement.
4. DISCLAIMER OF WARRANTY
SHAREWARE IS DEEMED ACCEPTED BY RECIPIENT. SHAREWARE IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANDUP FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SHAREWARE REMAINS WITH RECIPIENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANDUP BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SHAREWARE, EVEN IF ANDUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, but only to the extent that, any provision of this Agreement is declared or found to be illegal, unenforceable or void, then both parties shall be relieved of all obligations arising under such provision, it being the intent and agreement of the parties that this Agreement shall be deemed amended by modifying such provision to the extent necessary to make it legal and enforceable while preserving its intent. If such amendment is not possible, another provision that is legal and enforceable and achieves the same objective shall be substituted therefor. If the remainder of this Agreement is not affected by such declaration or finding and is capable of substantial performance by both parties, then the remainder shall be enforced to the extent permitted by law.
6. ENTIRE AGREEMENT
This Agreement constitutes the complete and exclusive agreement between andUP and Recipient with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. This Agreement may not be modified except in a writing duly signed by an authorized representative of andUP and Recipient.
7. APPLICABLE LAWS
This license agreement shall be interpreted, construed and governed in all respects under the laws of Germany. The parties hereby consent to the jurisdiction of the courts of Krefeld, Germany.
You are free to make copies of the screeMX demo version only and pass it along to others for their evaluation provided that no modifications or additions are made to the software, its documentation, or any associated files, and it is not bundled in a distribution of any other software without permission.