LAVALAMP3D SHAREWARE LICENSE AGREEMENT|
By using the LavaLamp3D software ("the Software") which can be obtained from http://www.lavalamp3d.com, you agree to this Shareware License Agreement ("the Agreement"). If you don't agree to all the statements in the Agreement, you may NOT use the Software in any way, and shall erase all copies of the Software in your possession.
This License Agreement is made effective upon obtaining LavaLamp3D or any other software made available by Rosware, LLC ("the Publisher") at http://www.lavalamp3d.com, by the user of said Software ("the User"). By downloading, copying or otherwise using the Software, you agree to be bound by the Agreement.
The Software is protected by copyright and trademark laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is owned by Rosware, LLC and its president Ilya Rosenberg. All rights in the product including copyrights, licensing rights, trademarks, trade secrets, design rights, engineering rights, moral rights, and any other intellectual property rights belong to Rosware, LLC and Ilya Rosenberg. These rights are not transferred as part of this agreement.
Information contained in the license agreement and in the product is subject to change without notice and does not represent a commitment or contracted obligation on the part of the Publisher.
The software is licensed and NOT sold. The Software is distributed as Shareware. It is NOT free. You may evaluate the Software for a trial period of 10 days (not necessarily continuous), at no cost to you, to determine if it fits your needs, after which, part of the functionalities will be disabled. If you decide to use the software after the evaluation period expires, you shall register the Software and pay the applicable registration fee. Upon payment of the fee, the Publisher shall provide you with a serial number that will allow you to unlock the Software.
The serial number will allow you to use the Software on one or two computers simultaneously, and no more than said quantity. It may not be used simultaneously by more than one user. If you do not use the Software for a period of 90 days or more on a given computer, the Software will allow you to re-activate the Software with the given serial number on another computer, at which point, the serial number will be de-activated on the previous computer.
The Software and any components or outputs thereof, including screenshots, documentation and captured videos, may NOT be used for commercial purposes without the prior written approval of the Publisher. Furthermore, the outputs from this software may not be publicly displayed without prior written approval of the Publisher.
II. NO WARRANTIES / LIMITATION OF LIABILITY
The Publisher shall not be liable, under any circumstance, including, but not limited to negligence, for any direct, indirect, special, incidental or consequential damages or losses, whether based on contract, tort or other legal theory, arising out of any use or misuse of the Software or any sequential damages including but not limited to the distribution of the files created by the Software. The User agrees to indemnify, hold harmless, and defend the Publisher from and against any claims or lawsuits, including Attorney's fees that arise or result from any loss, damage, or liability in any form.
This software has no warranty of fitness, suitability for a particular purpose or satisfactory quality. This Software is provided to licensee "as is". In particular, although this software is called a "Screen Saver", we use that term as it has come to be used in popular culture as a program to show graphics while the user is away from their computer, and we do not provide any guarantees that this software will prevent damage to a computer and its screen or that it will NOT cause any damage to a computer and its screen.
Registration of the Software is facilitated by third-party software provided by eSellerate Inc. (http://www.esellerate.net). The Publisher will not be liable for any damages or losses incurred as a result of the use of eSellerate software, including, but not limited to, billing errors, software delivery errors, and disclosure of private information.
Questions about the Software may be emailed to the Publisher via the Publisher's web site. These questions will be answered, time permitting.
The Publisher does not guarantee that there are no imperfections or errors in the Software. The Software will not intentionally cause any malicious behavior. The Software creates and maintains certain Registry entries for the sole purpose of product usage and registration information management.
IV. PRIVACY PROTECTION
Any personal information disclosed to the Publisher as a result of registration will be held confidential and will not be disclosed to any third party for commercial or non-profit uses.
V. NO REFUND
No refund is given at any time, unless authorized by the Publisher under unexpected circumstances such as the licensing mechanism fails to work, or a problem occurs that could not have been observed during the evaluation period. The publisher reserves the right to provide refunds, or make any commercially reasonable efforts to solve any issues at his discretion. Please contact the Publisher to see if you qualify for a refund.
All rights, title, and copyrights in and to the Software and any copies of the software are owned by the Rosware, LLC and its president Ilya Rosenberg.
VII. DISTRIBUTION / LIMITATIONS OF USE
You are hereby licensed to make as many exact copies of the original installation program for this shareware Software as you wish, given that they are exact copies of the installation program provided on the Publisher's web site. You may NOT distribute any files or components of the Software individually. You may distribute the installation program for the Shareware version of this software in its unmodified form via electronic means. You are specifically prohibited from charging for any such copies however made, and from distributing the Software and/or documentation for the Software with other products (commercial or otherwise) without prior written permission from the Publisher. Please do distribute the installation program for the Software in its unmodified form to friends and associates. In most cases, linking to the Publisher's web site is the most appropriate way to distribute the Software.
You may not make alterations or modifications to, merge, adapt, reverse-engineer, decompile, disassemble, or attempt to discover the source code to the Software. You may not create, publicize or distribute any registration code algorithms, or registration codes for the Software. You may not create, publicize or distribute any information or software for bypassing the trial period or registration mechanisms of the Software.
You may not use the Software in whole or in part on any critical system, including, but not limited to any medial, life support, aeronautical, or financial system that may affect the livelihood of yourself or others.
Without prejudice to any other rights, the Publisher may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event, you shall destroy all copies of the Software and all of its component parts that are in your posession.
The Publisher reserves the right to make modifications to this Agreement at any time. This Agreement may contain typographical errors.
If any provision of this agreement is found to be unlawful or void, then that provision shall be severed from this agreement and will not affect the validity of the remaining provisions.
LavaLamp3D is a trademark owned by Rosware, LLC.
Copyright ©2004 Rosware, LLC.
Rosware, LLC is a registered New Jersey limited liability company.