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版本歷史記錄
- 版本 1.0 發佈於 2011-08-13
新版本。
軟體細節
終端使用者許可協定
Niagara Falls Live Screen Saver Installation & Usage Notes: Be sure that you are connected to the internet. Niagara Falls Live Screen Saveris a real-time live stream that requires an internet connection in order to work. For best results, a broadband connection is recommended. If you are seeing a white blank page when the screensaver activates, then either you are not connected to the internet or the live stream is experiencing downtime due to a technical error or occassional system maintenance. End User License Agreement Your Agreement to this License This License only applies to the executable code for the English-language version of the Niagara Falls Live Screen Saver software and any accompanying distributable files, data and materials (Niagara Falls Live Screen Saver). You should carefully read the following terms and conditions before using, installing, or copying this software. By using, installing, or copying Niagara Falls Live Screen Saver without registering your copy of Niagara Falls Live Screen Saver 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. Niagara Falls Live Screen Saver 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 Niagara Falls Live Screen Saver (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 Niagara Falls Live 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 Niagara Falls Live Screen Saver, on one (1) computer or workstation, without charge, for a period of 1 day after you first install Niagara Falls Live Screen Saver on any computer or workstation. If you want to use this software after the 1-day evaluation period, you must acquire from Helasoft for a fee a single-user license for Niagara Falls Live Screen Saver. Refer to www.helasoftsoftware.com for information about pricing and ordering options. Use of Niagara Falls Live Screen Saver after the expiration of the 1-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 Niagara Falls Live Screen Saver to others. Please refer anyone interested in receiving a copy of Niagara Falls Live Screen Saver to the Helasoft web site (www.helasoftsoftware.com) for the most recent available version. All rights of any kind in Niagara Falls Live Screen Saver which are not expressly granted in this License are entirely and exclusively reserved to and by Helasoft. You may use Niagara Falls Live Screen Saver solely as expressly provided in this License. Niagara Falls Live Screen Saver is protected by the United States copyright laws and other applicable national and international laws and treaties. You may not rent, lease, loan, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on Niagara Falls Live Screen Saver, in whole or in part, nor permit anyone else to do so. You may not make access to Niagara Falls Live Screen Saver 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 Niagara Falls Live Screen Saver. Warranty Disclaimers and Liability Limitations Niagara Falls Live Screen Saver, 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 whethersuch 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 Niagara Falls Live 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 1-day evaluation period for the license granted hereunder, you shall immediately discontinue any and all use of Niagara Falls Live Screen Saver and you shall within ten (10) days delete from your computer all electronic copies of Niagara Falls Live Screen Saver, 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: (i) any use by you of Niagara Falls Live Screen Saver other than as expressly allowed by this License or in a manner inconsistent with any accompanying documentation; (ii) any breach of this License by you; or (iii) any violation of applicable law by you, your directors, officers, trustees, shareholders, employees, subsidiaries, agents, successors and assigns. General Niagara Falls Live Screen Saver, 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 Niagara Falls Live Screen Saver, 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, sublicense, 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. Earthcam is a registered trademark in the United States and/or other countries. If you do not agree to any of these terms and conditions for use of Niagara Falls Live Screen Saver, please exit this installation. If you do agree to all of these terms and conditions for use of Niagara Falls Live Screen Saver, please continue with the installation of the software.