EULA for
The Kinemorphic 3D Screen Saver
Synthesoft Corporation
http://www.synthesoft.com
The Kinemorphic 3D Screen Saver
Copyright (C) 1999-2001 / Mike Irvine & David Wooden - All Rights Reserved
CD/Spectrum Pro
Copyright (C) 1995-2001 / John Hornick - All Rights Reserved
LICENSE AGREEMENT
Users of either `The Kinemorphic 3D Screen Saver` or `CD Spectrum Pro` must accept this disclaimer of warranty: both `The Kinemorphic 3D Screen Saver` and `CD Spectrum Pro` are supplied as is. The authors disclaim all warranties, expressed or implied, including, without limitation, the warranties of merchantability and of fitness for any purpose. The authors assume no liability for damages, direct or consequential, which may result from the use of either `The Kinemorphic 3D Screen Saver` or `CD Spectrum Pro`."
Both `The Kinemorphic 3D Screen Saver` and `CD Spectrum Pro` are "shareware" programs and are provided at no charge to the user for evaluation. Feel free to share them with your friends, but please do not give them away altered or as part of another system. You are expected to use the software on your machine and evaluate its usefulness before making a purchase. This "try before you buy" approach is the ultimate guarantee - you will never need to worry about a refund since you know before paying whether or not the software performs as expected on your machine.
The essence of "user-supported" software is to provide personal computer users with quality software without high prices, and yet to provide incentive for programmers to continue to develop new products. If you find that you are using either program after a reasonable trial period, you must purchase a license for the software. The license fees are as follows:
$20 if you are purchasing only `The Kinemorphic 3D Screen Saver`
$20 if you are purchasing only `CD Spectrum Pro`
$30 if you are purchasing both products
The registration fee will license one copy of each program for use on any one computer at any one time. You must treat this software just like a book. An example is that this software may be used by any number of people and may be freely moved from one computer location to another, so long as there is no possibility of it being used at one location while it`s being used at another. Just as a book cannot be read by two different persons at the same time.
Commercial users of either `The Kinemorphic 3D Screen Saver` or `CD Spectrum Pro` must purchase their copies within 30 days of first use or their license is withdrawn.
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This application contains software from CDDB, Inc. of Berkeley California ("CDDB"). The software from CDDB (the "CDDB Client") enables this application to do online disc identification and obtain music-related information, including name, artist, track, and title information ("CDDB Data") from online servers ("CDDB Servers") and to perform other functions.
You agree that you will use CDDB Data, the CDDB Client, and CDDB Servers for your own personal non-commercial use only. You agree not to assign, copy, transfer or transmit the CDDB Client or any CDDB Data to any third party. YOU AGREE NOT TO USE OR EXPLOIT CDDB DATA, THE CDDB CLIENT, OR CDDB SERVERS, EXCEPT AS EXPRESSLY PERMITTED HEREIN.
You agree that your non-exclusive license to use the CDDB Data, the CDDB Client, and CDDB Servers will terminate if you violate these restrictions. If your license terminates, you agree to cease any and all use of the CDDB Data, the CDDB Client, and CDDB Servers. CDDB reserves all rights in CDDB Data, the CDDB Client, and the CDDB Servers, including all ownership rights. You agree that CDDB, Inc. may enforce its rights under this Agreement against you directly in its own name.
The CDDB Client and each item of CDDB Data are licensed to you "AS IS." CDDB makes no representations or warranties, express or implied, regarding the accuracy of any CDDB Data from in the CDDB Servers. CDDB reserves the right to delete data from the CDDB Servers or to change data categories for any cause that CDDB deems sufficient. No warranty is made that the CDDB Client or CDDB Servers are error-free or that functioning of CDDB Client or CDDB Servers will be uninterrupted. CDDB is not obligated to provide you with any new enhanced or additional data types or categories that CDDB may chose to provide in the future.
CDDB DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CDDB does not warrant the results that will be obtained by your use of the CDDB Client or any CDDB Server. IN NO CASE WILL CDDB BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUES










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