Hawaii Beaches HD Video Screensaver 1.0
EULA - End User License Agreement
Hawaii Beaches HD Video Screensaver Features: Alternating high resolution (HD) video views of stunning beaches in Hawaii. Relaxing all natural sounds of the beach without music.
Multiple monitor support.
The demo version is limited to a 3 day trial usage. Please register in order to always enjoy the beaches anytime you want when your computer is idle.
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Usage & Installation Notes:
Exit the screen saver by moving the mouse or
pressing any key on the keyboard.
After the installation, the Windows screen saver
window will open to confirm the installation. Press
"OK" to set this screen saver as default.
If you wish to make changes such as the time
interval in between views or muting/unmuting sound,
access the "Settings..." menu in the Windows
"Screen Saver Settings" window. By default, sounds
are enabled and the time interval between views is
set to 4 minutes.
If you like this product please register. You will
be entitled to free updates for the life of the
product.
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System Requirements:
Windows 98/ME/2000/XP/Vista/7/8 operating system
Windows Media Player ---- Standard on all Windows
operating systems.
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End User License Agreement
Your Agreement to this License
This License only applies to the executable code
for the English-language version of the Virtual
Beaches HD Video Screensaver 1 software and any
accompanying distributable files, data and
materials (Hawaii Beaches HD Video Screensaver).
You should carefully read the following terms and
conditions before using, installing, or copying
this software. By using, installing, or copying
Hawaii Beaches HD Video Screensaver without
registering your copy of Virtual Beaches HD Video
Screensaver 1 you agree to all of the terms of this
evaluation license agreement (License). Refer to
www.helasoftsoftware.com for information about
pricing, licensing,and registration options.
Hawaii Beaches HD Video Screensaver product
configurations are subject to change at any time.
For the most current product
compatibility information and system requirements,
please refer to www.helasoftsoftware.com.
Parties To This Agreement And Consideration.
The parties to this Agreement (Agreement) are you
(You, sometimes referred to as a User of the
Software), and Helasoft
, the owner of Helasoft Software (the Company). As
used in this Agreement, the terms WE and US are
used interchangeably to refer to the Company and
the operators of the Software (sometimes referred
to as Hawaii Beaches HD Video Screensaver). By
further accessing the Software or materials
available at or in association with the Software,
and for other good and valuable consideration, the
sufficiency of which is acknowledged by You and the
Company, You hereby agree to be bound by all the
terms and conditions set forth in this Agreement.
Scope of License
This is not free software. Subject to the terms
below, you are hereby licensed by Helasoft
(Helasoft) to use for evaluation
purposes only one (1) copy of Virtual Beaches HD
Video Screensaver 1, on one (1) computer or
workstation, without charge, for a period of 3 days
after you first install Virtual Beaches HD Video
Screensaver 1 on any computer or workstation. If
you want to use this software after the 3-day
evaluation period, you must acquire from Helasoft
for a fee a single-user license for Virtual Beaches
HD Video Screensaver 1. Refer to
www.helasoftsoftware.com for information about
pricing and ordering options. Use of Virtual Beaches
HD Video Screensaver 1 after the expiration of the
3-day evaluation period without acquiring such a
license from Helasoft is outside the scope of this
License and a violation of U.S. and international
copyright laws.
Unless you have prior written authorization from
Helasoft, you are not authorized to distribute
Hawaii Beaches HD Video Screensaver to others.
Please refer anyone interested in receiving a copy
of Hawaii Beaches HD Video Screensaver to the
Helasoft web site (www.helasoftsoftware.com) for
the most recent available version.
All rights of any kind in Virtual Beaches HD Video
Screensaver 1 which are not expressly granted in
this License are entirely and
exclusively reserved to and by Helasoft. You may
use Hawaii Beaches HD Video Screensaver solely as
expressly provided in this
License. Hawaii Beaches HD Video Screensaver is
protected by the United States copyright laws and
other applicable national and
international laws and treaties. You may not rent,
lease, loan, sub license, modify, translate,
reverse engineer, decompile,
disassemble, or create derivative works based on
Hawaii Beaches HD Video Screensaver, in whole or
in part, nor permit anyone else to do so. You may
not make access to Virtual Beaches HD Video
Screensaver 1 available to others in connection
with a service bureau,
application service provider, or similar business,
nor permit anyone else to do so. The license
granted hereunder includes no
rights in or to the source code version of Virtual
Beaches HD Video Screensaver 1.
Warranty Disclaimers and Liability Limitations
Hawaii Beaches HD Video Screensaver, and any and
all accompanying software, files, data and
materials, are distributed and provided AS IS and
with no warranties of any kind, whether express or
implied, including, without limitation, any
warranty of merchantability or fitness for a
particular purpose.
You hereby agree that the use of the all materials,
features, functions and all other goods and
services provided to You by
Helasoft, and the use of any and all Content
provided by Software Content Providers and
affiliates are provided to You on an
AS IS basis, without warranties of any kind,
including, without limitation, warranties regarding
the availability,
accuracy, or content of materials, information,
product or services, or warranties of
merchantability, fitness for a
particular purpose, title or non-infringement, and
Company and Software Content Providers and
affiliates expressly disclaim
all such warranties. Neither the Company, Software
affiliates nor any Software Content Providers
warrant that the functions
of the Software or Content provided by any of the
aforementioned parties nor does the Company warrant
that any other
materials available in, at, through or in
association with, the Software will be
uninterrupted or error-free, or that any
discovered defects will be corrected. Under no
circumstances and under no cause of action or legal
theory, shall Company,
Software affiliates, Software Content Providers or
any of the Company's suppliers, licensees,
resellers, affiliates or their
suppliers, licensees or resellers be liable to You
or any other person for any indirect, special,
incidental, or
consequential damages of any character including,
without limitation, damages for loss goodwill, work
stoppage, computer
failure or malfunction, or any and all other
commercial damages resulting from any viruses,
worms, Trojan Horses or other
destructive software or materials, or
communications by You or other users of the
Software, or from any use of Content or any
use of the Software whatsoever. This disclaimer of
warranty constitutes an essential part of this
Agreement. Some states do
not allow exclusions of an implied warranty, so if
for any reasons the choice of law provisions of
this Agreement are deemed
not to apply to this Paragraph, this disclaimer may
not apply to You and You may have other legal
rights that vary from state
to state or by jurisdiction.
Notwithstanding the limitations of liability above,
You also agree that as a material condition to Your
obtaining the license
to use the Software set forth herein, and to access
Content made available to You by Software Content
Providers and/or
affiliates, You agree that any and all liability
that might be attributable to the Company, Software
Content Providers or
Software affiliates, or to any of their directors,
officers, employees, independent contractors,
advertisers, affiliates,
suppliers, agents and attorneys, and their
successors and assigns that directly or indirectly
results from Your use of the
Software and/or Software Content Providers' or
affiliates' Content, including, without limitation,
any failure of
performance, error, omission, interruption,
deletion, defect, delay in operation or
transmission, communications line
failure, theft or destruction or unauthorized
access to, alteration of, or use of records,
whether for breach of contract,
negligence or under any other cause or action,
shall be strictly limited to the lesser amount of
(1) the license fee paid by
You for access to the Software or for the Content
You accessed at the Software. Some states do not
allow the limitation or
exclusion of liability for incidental or
consequential damages. Regardless of whether such
limitation or other limitation of
the scope of this limitation of liability or other
limitation of liability set forth in this Agreement
should apply to You,
You acknowledge and agree that it is the express
intent of the parties hereto that the limitations
of liability set forth in
this paragraph and elsewhere in this Agreement
shall be construed to be as broad as is permissible
under applicable law.
Registered Trade Marks (Trademarks).
Helasoft and Hawaii Beaches HD Video Screensaver
are Registered Trade Marks of Helasoft Software. No
use of these marks by You or any other User shall
be permitted except through the prior written
authorization and permission of Company. All rights
reserved.
Termination
Immediately upon expiration of the 3-day evaluation
period for the license granted hereunder, you shall
immediately
discontinue any and all use of Virtual Beaches HD
Video Screensaver 1 and you shall within ten (10)
days delete from your computer all electronic
copies of Hawaii Beaches HD Video Screensaver,
including all or any part thereof. All provisions
of this License that by their nature are intended
to survive the expiration of the license granted
hereunder shall survive and remain in full force
and effect.
Indemnification
At your own expense, you shall indemnify, defend,
and hold harmless Helasoft, its content providers
and licensors, and their
directors, officers, trustees, shareholders,
employees, agents, successors and assigns from and
against any and all claims,
expenses, losses, damages, costs, liabilities and
judgments, including without limitation reasonable
attorneys' fees and
expenses, arising out of or relating to any claim
resulting from or related to: any use by you of
Hawaii Beaches HD Video Screensaver other than as
expressly allowed by this License or in a manner
inconsistent with any accompanying documentation;
any breach of this License by you; or any violation
of applicable law by you, your directors, officers,
trustees,
shareholders, employees, subsidiaries, agents,
successors and assigns.
General
Hawaii Beaches HD Video Screensaver, including,
without limitation, the information included in its
accompanying distributable files,data and materials
and any related activation code and registration
code files or information, and the know-how
embodied in Hawaii Beaches HD Video Screensaver,
is confidential and trade secret information (the
Proprietary Information) that is proprietary to and
solely owned or licensed by Helasoft, together with
all related copyrights and trademarks relating
thereto. You agree to maintain the Proprietary
Information in strictest confidence for the benefit
of Helasoft and its licensors. You shall not sell,
license, publish, display, distribute, disclose, or
otherwise make available or allow to be made
available the Proprietary Information, including,
without limitation, any activation codes,
registration codes or registration files, to any
third party nor use such Proprietary Information
except as authorized by this License. The
obligations under this paragraph shall survive any
termination or cancellation of the License.
This License is the complete statement of the
agreement between the parties on the subject
matter, and merges and supersedes
all other or prior understandings, purchase orders,
agreements, and arrangements.
You may not assign, sub license, subcontract, or
otherwise transfer any of your rights or
obligations or delegate any of your
duties under this License, in whole or in part,
without the prior written consent of Helasoft.
Notwithstanding anything to
the contrary, any assignment of this License or any
rights or obligations hereunder is contingent upon
the intended assignee
agreeing to be bound by the terms of this License
and all responsibilities and obligations of the
assignor hereunder.
There are no third-party beneficiaries of any
promises, obligations, or representations made by
Helasoft herein.
Any waiver by Helasoft of any violation of this
License by you shall not constitute, nor contribute
to, a waiver by Helasoft
of any other or future violation by you of the same
provision, or any other provision, of this License.
If any part of this License or the application
thereof to any person or circumstance is for any
reason held invalid or
unenforceable, it shall be deemed severable, and
the validity of the remainder of this License, or
the applications of such
provision to other persons or circumstances, shall
not be affected thereby.
If you do not agree to any of these terms and
conditions for use of Hawaii Beaches HD Video Screensaver, please exit this
installation. If you do agree to all of these terms
and conditions for use of Hawaii Beaches HD Video Screensaver, please continue with the
installation of the software.