License Agreement Alien Skin Software LL
This is a legal agreement (the "Agreement") between you (either an individual or an entity), the end-user, and Alien Skin Software LLC ("Alien Skin"). By installing the computer software in this package ("Software"), by loading or running the Software, or by placing or copying the Software onto your computer hard drive, you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, promptly return the Software and the accompanying items (including all written materials), along with your receipt to the place from where you obtained them for a full refund.
ALIEN SKIN LICENSE
1. GRANT OF LICENSE. Alien Skin grants to you the right to use one (1) copy of the enclosed Software on a single computer. For purposes of this section, "use" means installing the Software into RAM, as well as installation on a hard disk or other storage device. You may make multiple installations of the Software on a single computer. You may not: rent, lease, distribute, modify, translate, disassemble, decompile, reverse engineer, or create derivative works based upon the Software. The Software, together with any archive copy thereof, shall be either returned to Alien Skin or destroyed when no longer used in accordance with this Agreement, or when the right to use the Software is terminated.
2. PORTABLE OR HOME COMPUTER USE. You may install a second copy of the Software for your exclusive use on either a portable computer or a computer located at your home, provided that the Software on the portable or home computer is not used at the same time as the Software on the primary computer.
3. COPYRIGHT. The Software is owned byAlien Skin and is protected by United States copyright laws and international treaty provisions. You must treat the Software like any other copyrighted material, except that you may either (a) make one copy of the Software solely for back-up or archival purposes, or (b) transfer the Software to a single hard disk provided you keep the original solely for back-up or archival purposes. You may not otherwise reproduce, copy or disclose to others, in whole or in any part, the Software. You may not copy the written materials accompanying the Software.
4. OTHER RESTRICTIONS. This Agreement is your proof of license to exercise the rights granted herein and must be retained by you. You may not rent or lease the Software, but you may transfer your rights under this License Agreement on a permanent basis provided you transfer this License Agreement, the Software, and all accompanying written materials and retain no copies, and the recipient agrees to the terms of this Agreement. Any transfer of the Software must include the most recent update and all prior versions.
5. GENERAL PROVISIONS. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. If any provision is determined to be unenforceable, you agree to a modification of such provision to provide for enforcement of the provision's intent, to the extent permitted by applicable law. Failure of a party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. If you fail to comply with any terms of this Agreement, YOUR LICENSE IS AUTOMATICALLY TERMINATED.
LIMITED WARRANTY. Alien Skin warrants that if properly installed and operated on a computer for which it is designed, the Software will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt.
CUSTOMER REMEDIES. Alien Skin's entire liability and your exclusive remedy shall be, at Alien Skin's option, either (a) return of the price paid or (b) repair or replacement of the Software that does not meet Alien Skin's Limited Warranty. To make a warranty claim, return the Software to the point of purchase, accompanied by proof of purchase, your name, your address, and a statement of defect, or return the Software with the above information to Alien Skin. This Limited Warranty is void if failure of the Software has resulted in whole or in part from accident, abuse, misapplication or violation of this Agreement. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. This warranty allocates risks of product failure between you and Alien Skin. Alien Skin's product pricing reflects this allocation of risk and the limitations of liability contained in this warranty.
NO OTHER WARRANTIES. ALIEN SKIN DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM JURISDICTION TO JURISDICTION. ALIEN SKIN DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE OR MEET LICENSEE'S SPECIFIC REQUIREMENTS. THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER EXPRESS WARRANTIES WHETHER ORAL OR WRITTEN. THE AGENTS, EMPLOYEES, DISTRIBUTORS, AND DEALERS OF ALIEN SKIN ARE NOT AUTHORIZED TO MAKE MODIFICATIONS TO THIS WARRANTY, OR ADDITIONAL WARRANTIES ON BEHALF OF ALIEN SKIN SOFTWARE. ADDITIONAL STATEMENTS SUCH AS DEALER ADVERTISING OR PRESENTATIONS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY ALIEN SKIN AND SHOULD NOT BE RELIED UPON.
EXCLUSIVE REMEDIES. You agree that your exclusive remedy against Alien Skin, its affiliates, contractors, suppliers, and agents for loss or damage caused by any defect or failure in the Software regardless of the form of action, whether in contract, tort, including negligence, strict liability or otherwise, shall be the return of the purchase price paid or replacement of the Software. This Agreement shall be construed in accordance with and governed by the laws of the State of North Carolina. Copyright and other proprietary matters will be governed by United States laws and international treaties. IN ANY CASE, ALIEN SKIN SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR OTHER LEGAL THEORY EVEN IF ALIEN SKIN SOFTWARE OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
VIOLATION OF AGREEMENT. If you breach the provisions of this Agreement, you will be liable to Alien Skin for all damages, losses, cash, and expenses incurred by Alien Skin as a result of such breach, including lost profits and all the incidental and consequential damages.
U.S. GOVERNMENT RESTRICTED RIGHTS
The Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the 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 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is Alien Skin, 1111 Haynes Street, Suite 113, Raleigh, North Carolina 27604-1305.