PictureShare.net Wallpaper Manager 5.0.5

EULA - End User License Agreement

PICTURESHARE.NET WALLPAPER MANAGER SOFTWARE
CUSTOMER SOFTWARE LICENSE AGREEMENT
PLEASE READ AGREEMENT BEFORE CLICKING ON ACCEPTANCE BUTTON

CAREFULLY READ ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE PROCEEDING ANY FURTHER. CLICKING ON THE ACCEPTANCE BUTTON BELOW INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PROMPTLY RETURN THE SOFTWARE PACKAGE, USER MANUAL AND OTHER DOCUMENTATION TO THE PLACE OF PURCHASE AND YOUR MONEY WILL BE REFUNDED. NO REFUNDS WILL BE GIVEN FOR A PACKAGE CONTAINING SOFTWARE IN WHICH THE USER HAS CLICKED ON THE ACCEPTANCE BUTTON.

This software package contains a copy of the PictureShare.net Wallpaper Manager software program (the "Software") by electronic software download or ESD (the "Media"). Your license, as set forth below, to use the Software is granted by PictureShare.net.

1. License: You have the limited non-exclusive right and license to use the Software on a single computer under the terms and conditions contained in this Agreement. This license shall also include the right to reproduce and distribute the graphics and textual material contained in the Software solely in print form for noncommercial purposes. You may physically transfer the Software from one computer to another provided that you delete all copies of the Software (including all electronic copies of any graphics or textual material contained in the Software) stored on the original computer before transferring the Software to another computer, and provided that the Software is installed and used on only one computer at a time. You may not provide copies of the Software (or any electronic copies of any graphics or textual material contained in the Software) to others and you may not assign, sublicense, rent, sell or otherwise transfer the Software to others, but you may permanently transfer the Software to another user provided that you retain no copies of the Software (or any electronic copies of any graphics or textual material contained in the Software), and the recipient agrees to the terms of this Agreement. You may not install the Software on a network server for use on multiple client computers.

2. Copies and Modifications: You may make one copy of the Software solely for back-up purposes. You must reproduce and include on the back-up copy all copyright and other proprietary notices included in the Software. You may not copy the Software except for the back-up copy. You may not modify the Software, and you may not reverse engineer, decompile or disassemble the Software.

3. Ownership: All rights, including but not limited to copyrights and trade secret rights, to the Software and the graphics and textual material contained in the Software belong to PictureShare.net, its affiliated corporations and third party licensors. Your use of the Software, including your reproduction of any graphics and textual material as permitted pursuant to paragraph 1 above, is subject to U.S. and other applicable copyright and trademark laws, and nothing in this Agreement constitutes a waiver of the rights of CSP, its affiliated corporations and third party licensors under such laws. Nothing contained in Section 1 above or in this Section 3 shall be construed to give CSP any ownership rights in any images, graphics or textual material that you save in connection with the Software.

4. Term: This license is effective from the day you install the Software until terminated. If you fail to comply with any term of this Agreement, this Agreement shall terminate without notice to you and you must then promptly return the Software. In addition, PictureShare.net may enforce its other legal rights.

5. Limited Warranty and Limitation of Liability: It is your responsibility to choose, maintain and match the hardware and software components of your computer system. Thus, PictureShare.net does not guarantee uninterrupted service or correction of errors or that the functions or performance of the Software will meet your requirements. THE SOFTWARE IS LICENSED ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANY KIND.

EXCEPT AS SPECIFICALLY PROVIDED ABOVE WITH RESPECT TO THE MEDIA, NO EXPRESS OR IMPLIED WARRANTY OR CONDITION AS TO THE QUALITY OR PERFORMANCE OF THE SOFTWARE, INCLUDING ANY WARRANTY OR CONDITION OF MERCHANTABILITY, MERCHANTABLE OUALITY OR FITNESS FOR A PARTICULAR PURPOSE, IS GIVEN FOR THE SOFTWARE OR THE MEDIA, AND ALL SUCH WARRANTIES OR CONDITIONS ARE EXPRESSLY DISCLAIMED (EXCEPT FOR IMPLIED WARRANTIES ON THE MEDIA WHICH ARE LIMITED IN DURATION TO THE THIRTY (30) DAY PERIOD DESCRIBED ABOVE). No other warranty, condition or guaranty given by any person, firm or corporation with respect to the Software or the Media shall bind PictureShare.net, or anyone else who has been involved in the creation, production or distribution of the Software or the Media.

IN NO EVENT SHALL PICTURESHARE.NET OR ANY OTHER PERSON, FIRM OR CORPORATION BE RESPONSIBLE FOR ANY EXPENSE OR INCONVENIENCE INCURRED, ANY REVENUE OR PROFITS LOST, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OR MISUSE OF, INABILITY TO USE, OR NONPERFORMANCE OF, THE SOFTWARE OR THE MEDIA.

Some states or provinces do not allow limitations of how long implied warranties or conditions last, and do not allow the exclusion or limitation of damages, so the above limitations may not apply to you. The limited warranty granted herein shall not extend to anyone other than the original user of the Software. This limited warranty gives you specific legal rights, and you may also have other rights which may vary from state to state or from province to province.

6. Legal Restrictions: You agree that you shall not use the Software or the graphics or textual material contained in the Software for any unlawful purpose. The Software and the underlying information and technology may not be exported, directly or indirectly (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department''s list of Specialty Designated Nationals or the U.S. Commerce Department''s Table of Deny Orders. By using the Software, you are agreeing to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. If you are licensing the Software on behalf of the U.S. Government, it shall be subject to "Restricted Rights", as that term is defined in the Federal Acquisition Regulations ("FARs") in paragraph 52.227-19(c)(2) or its equivalent in the DOD Supplement to the FARs or successor provisions. Contractor/Manufacturer for the Software is PictureShare.net.

7. Governing Law: This Agreement is governed by the laws of the State of California, United States of America, without giving effect to the conflicts of laws principles thereof.