End-User License Agreement
Thank you for your interest in Wallpapers and Screen Savers from Scenic New England Photography Studio. You must read and agree with the following statements before purchasing or downloading our Wallpapers or Screen Savers.
IMPORTANT — READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Scenic New England Photography Studio for the images and/or software that you download from ScenicNewEngland.net ("Software"). YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE.
1. GRANT OF LICENSE. Scenic New England Photography Studio grants you the following rights provided that you comply with all terms and conditions of this EULA: You (the purchaser, whether an individual or corporation) may install, use, access, display, and run one copy of the Software on each of up to three computers or mobile devices, such as a workstation, terminal, phone, iPad, or other electronic device ("Workstation Computer").
2. RESERVATION OF RIGHTS AND OWNERSHIP. Scenic New England Photography Studio reserves all rights not expressly granted to you in this EULA. The Software and Images are protected by copyright and other intellectual property laws and treaties. Scenic New England Photography Studio or its affiliates owns the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold.
3. NO RENTAL, PUBLICATION, OR FOR-PROFIT USE. You may not rent, lease, lend, print, or publish the Software or component images in any media or format. For licensing information, contact Scenic New England Photography Studio by phone or e-mail
4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
5. SOFTWARE TRANSFER. Internal. You may move the Software to a different Workstation Computer. Immediately after the transfer, you must completely remove the Software from the former Workstation Computer if the software is installed on more than three Workstation Computers. Transfer to Third Party. No transfers of this software to a third party or a Workstation Computer owned by a third party are permitted.
6. TERMINATION. Without prejudice to any other rights, Scenic New England Photography Studio may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.
7. LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN THE US AND CANADA. Scenic New England Photography Studio warrants that the Software will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt. If an implied warranty or condition is created by your state /jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY-DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you. Any supplements or updates to the Software, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the ninety day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.
8. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SCENIC NEW ENGLAND PHOTOGRAPHY STUDIO OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF SCENIC NEW ENGLAND PHOTOGRAPHY STUDIO OR ANY SUPPLIER, AND EVEN IF SCENIC NEW ENGLAND PHOTOGRAPHY STUDIO OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. 21. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and Scenic New England Photography Studio relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any Scenic New England Photography Studio policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
Should you have any questions concerning this EULA, or if you desire to contact Scenic New England Photography Studio for any reason, please visit our contact page