READ THE FOLLOWING TERMS CAREFULLY BEFORE INSTALLING THE ARTPLAYER(TM) BY LIQUIDART(TM) and any ARTALBUM(TM) IMAGE COLLECTION SCREENSAVER ON YOUR COMPUTER. INSTALLATION OR USE MEANS YOU ACCEPT THESE TERMS.
Liquid Art Ltd. ("LiquidArt") grants to you the non-exclusive license to use (a) the ARTPLAYER, and (b)(1) each trial "try before you buy" ARTALBUM IMAGE COLLECTION SCREENSAVER, (a "Trial Collection") (2) each ARTALBUM IMAGE COLLECTION SCREENSAVER which is designated by liquidart as a "free collection" (a "Free Collection") (3) each ARTALBUM IMAGE COLLECTION SCREENSAVER which is purchased by you (a "Purchased Collection"), whether as a pre-paid download, on CD-ROM, or as a registered version of a Trial Collection (each of the foregoing as applicable, collectively the "Software"). All rights to the Software, including, but not limited to, patents, copyrights, trademarks and trade secrets, are held solely by LiquidArt and its respective licensors (including the respective artist or image owner with respect to the images contained therein). You (1) shall only use the Software for internal, personal purposes, (2) shall only use a Purchased Collection on a single computer, (3) may not modify, reverse engineer, rent or re-license for profit any Software or use it for commercial purposes, (4) may not transfer or distribute all or any part of any Purchased Collection to others, and (5) may not use, extract, copy, or display any images contained within the Software other than with the ArtPlayer. All of your rights to use the Software shall automatically terminate in the event of any violation of this License. Upon termination, you shall, at the option of LiquidArt delete return the Software, and all copies thereof, to LiquidArt.
LiquidArt does not warrant that the Software will meet your requirements or that its operation will be uninterrupted or error-free. THE SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. IN NO EVENT WILL LIQUIDART BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, PROFITS OR SAVINGS, ARISING OUT OF USE OF OR INABILITY TO USE THE SOFTWARE, EVEN SUCH DAMAGES ARE FORESEEABLE, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOUR DAMAGES MAY NOT EXCEED YOUR PURCHASE PRICE FOR THE SOFTWARE.
This License shall be interpreted under the internal laws, and not the law of conflicts, of Illinois. This License is the exclusive agreement between you and LiquidArt, and supersedes any prior agreement relating to the Software. Any unenforceable provision hereof shall be severed and the rest shall remain effective.
For the U.S. Government, the following terms apply: Restricted Computer Software, as defined in the Rights in Data-General clause at Federal Acquisition Regulations 52.227-14, and subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at FAR 52.227-19, as appropriate. Restricted Rights Legend: 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.
Licensor: Liquid Art Ltd., 225 W. Hubbard Street, Ste. 202, Chicago, IL 60610, Attn: Software Sales.
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