DesktopScenes.com -- License Agreement

License Agreement

The SceneSets on DesktopScenes.com are offered for license only (not for sale) under the following license terms and conditions only. The license defines what you may and may not do with the product and contains limitations on warranties and/or remedies. This license is granted by Charles M. Kozierok, d.b.a. DesktopScenes.com.

LICENSE

IMPORTANT: CAREFULLY READ THIS LICENSE BEFORE ORDERING ANY DESKTOPSCENES.COM PRODUCTS. PLACING AN ORDER INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AND AGREE TO ITS TERMS. IF YOU DO NOT AGREE, DO NOT PLACE AN ORDER.

A. LICENSE: Charles M. Kozierok, d.b.a. DesktopScenes.com ("we" or "us"), provides you with a computer program (the "Program") via download over the Internet, License (the "License") and accompanying documents (together called the "Product") and grants you a license to use the Product in accordance with the terms of this License. The copyright and all other rights in the Product shall remain with us. You must reproduce any copyright or other notice marked on the Product on all copies you make.

B. YOU MAY:

Use the Program only on a single computer, only by a single user at a time regardless of the number of original copies of the Program included with the Product. If you wish to use the Program for more users, you will need a further license for each user;
Make one copy of the Program for archival or back-up purposes, and
Use a copy of the Program on a second computer, such as a business or portable computer, if that copy is not viewed at the same time it is loaded on your primary computer.
Transfer the Program to someone else, only if you assign all of your rights under this License, cease all use of the Program, erase or destroy any copy (including the hard disk copy) made in support of your use of the Program, and the other person agrees to the terms of this License.
If the product is an upgrade from another product, whether from us or another supplier, you may use or transfer the product only in conjunction with the upgraded product, unless you destroy it.

C. YOU MAY NOT:

Use the Product or make copies of it except as permitted in this License;
Publish or distribute the computer programs, images, files or fonts included with the Program as computer programs, images, files or fonts;
Install the Product on a network unless a valid license has been purchased for each computer on the network.
Install the Product on any computer that can be accessed by non-licensed users. This includes a prohibition against installing the Program on any computer that is publicly accessible over the Internet.
Display any of the computer images included with the Program in any other way or manner than on the video display attached to the computer upon which the Program is installed;
Use any of the computer images included with the Program, except in accordance with the guidelines included in the documentation for the Program and in this license. Specifically, use of the photographs in the Program for any business or commercial purpose is prohibited unless prior written permission is obtained from us.
Use any of the computer images related to identifiable individuals or entities in a manner which suggests their association with or endorsement of any product or service;
Translate, reverse engineer, decompile or disassemble the Program, except to the extent the foregoing restriction is expressly prohibited by applicable law;
Rent, lease, assign or transfer the Product except as set out above; or
Modify the Program or merge all or any part the Program in another program.

D. TERM: This License shall continue for as long as you use the Product. However, it will terminate if you fail to comply with any of its terms or conditions. You agree, upon termination, to destroy all copies of the Product. The Limitations of Warranties and Liability set out below shall continue in force even after any termination.

E. LIMITATION OF WARRANTIES AND LIABILITY: The Product is provided on an "as is" basis, without any other warranties, or conditions, express or implied, including but not limited to warranties of merchantable quality, merchantability or fitness for a particular purpose, or those arising by law, statute, usage of trade or course of dealing. The entire risk as to the results and performance of the Product is assumed by you. Neither we nor our dealers or suppliers shall have any liability to you or any other person or entity for any indirect, incidental, special or consequential damages whatsoever, including but not limited to loss of revenue or profit, lost or damaged data or other commercial or economic loss, even if we have been advised of the possibility of such damages or they are foreseeable; or for claims by a third party. Our maximum aggregate liability to you, and that of our dealers and suppliers shall not exceed the amount paid by you for the Product. The limitations in this section shall apply whether or not the alleged breach or default is a breach of a fundamental condition or term, or a fundamental breach. Some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages so the above limitation may not apply to you.

F. RESTRICTED RIGHTS: If this Product is acquired by or for the U.S. Government then it is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 52.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, or clause 18-52.227-86(d) of the NASA Supplement to the FAR, as applicable. Contractor/manufacturer is Charles M. Kozierok at 2080 Harwood Hill Road, Bennington, VT 05201.

G. GENERAL: This License is the entire agreement between us, supersedes any other agreement or discussions, oral or written and may not be changed except by a written signed agreement. This License shall be governed by and construed in accordance with the laws of the State of Massachusetts in the United States. If any provision of this License is declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from the License and the other provisions shall remain in full force and effect.

See the Contact page for information on additional rights to the use of this software or the images. Any additional rights must be made in writing to be valid.