Aboriginal Art Screen Saver Copyright (C) 1997 Image Factory Software Pty. Ltd. All Rights Reserved License/Registration Details End User License Agreement NOTICE TO USER: You should carefully read the following terms and conditions before using this software. Use of this software indicates you agree to be bound by the terms of this Agreement. The Aboriginal Art Screen Saver package contains software ("Software") - and includes all files supplied in the package including any images, "applets", photographs, animations, video, audio, music and text incorporated into the Software. The term "Software" shall also include any upgrades, modified versions, updates, additions and copies of the Software licensed to you by Image Factory Software. This Agreement applies to both the unregistered version of Aboriginal Art Screen Saver ("Unregistered Version") - a trial version for which no payment has yet been made - and the registered version for which payment has been made ("Registered Version"). Image Factory Software grants to you a nonexclusive license to use the Software provided that you agree to the following: 1. Use of the Software. Unregistered Version. You may - Install the Software on as many locations as you wish and trial the Software for evaluation purposes without charge. The Software will run in full operation mode for 10 days from installation - allowing you to make a full evaluation of the software. After this trial period the Aboriginal Art Screen Saver will run in read only mode - allowing you to view any data you have entered but not to enter any new data. Similarly, the screen saver will no longer run in full operation mode - showing only one image at a time before returning to the original screen - rather than cycling through the image collection. To operate as the full version of the software a registration fee is required. The site from which you downloaded the Software has full details about the registration fee - and how to pay the fee. Please include the full "licence" number when making the payment - and a contact point (Internet or Compuserve address). Your "licence" number is unique and can be easily found at the top of the "Registration Details" box or the "About" box in the Aboriginal Art Screen Saver "Settings" panel - and starts with "X..." eg "X2915-9255/47-30/000"). Your "licence" number requires a similarly unique "registration" number which will be sent to you (to the foregoing contact point). When you receive the "registration" number simply press the button marked "Register" at the top right of the "Registration Details" box in the Aboriginal Art Screen Saver "Settings" panel - and follow the instructions. Once registered the Aboriginal Art Screen Saver and Screen Saver will run indefinitely - in full operation mode. Registered Version. You may- Install the Software in a single location on a hard disk or other storage device. Make one backup copy of the Software, provided your backup copy is not installed or used on any computer. 2. Copyright - Unregistered and Registered Versions. The Software is the intellectual property of Image Factory Software and its suppliers and is protected by copyright law, international treaty provisions, and applicable laws of the country in which it is being used. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Image Factory Software and its suppliers. Therefore you must treat the Software just as you would any other copyrighted material such as a book. In other words you may not copy the Software except as set forth in the "Use of the Software" section. Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices which appear on or in the Software. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owner's name. Trademarks can only be used to identify printed output produced by the Software. The use of any trademark as herein authorized does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any rights to intellectual property rights in the Software. To the extent that local laws grants you the right to decompile the Software in order to obtain information necessary to render the Software interoperable with other software, you shall first request Image Factory Software to provide you with the necessary information. Image Factory Software has the right to impose reasonable conditions such as a reasonable fee for doing so. 3. Transfer. - Unregistered and Registered Versions. You may not rent, lease, sublicense, or lend the Software. You may, however, transfer all your rights to use the Software to another person or legal entity provided that you transfer this Agreement and transfer (or destroy), the Software, including all copies, updates and prior versions, to such person or entity and provided that you retain no copies, including copies stored on your computer. 4. Disclaimer of Warranty - Unregistered and Registered Versions. THIS SOFTWARE IS SOLD "AS IS". IMAGE FACTORY SOFTWARE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. IMAGE FACTORY SOFTWARE AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. 5. Limitation of Liability - Unregistered and Registered Versions. ANY LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE. IN NO EVENT WILL IMAGE FACTORY SOFTWARE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN IMAGE FACTORY SOFTWARE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. 6. Governing Law and General Provisions. - Unregistered and Registered Versions. This Agreement will be governed by the laws in force in West Australia excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable , it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of Image Factory Software.