TERMS AND CONDITIONS FOR DOWNLOAD, INSTALLATION AND USE OF THE EAST CAROLINA UNIVERSITY SCREENSAVER
PLEASE READ THESE TERMS AND CONDITIONS ("TERMS") CAREFULLY BEFORE USING THE SOFTWARE (“SOFTWARE”). BY DOWNLOADING AND/OR USING THE SOFTWARE, YOU SIGNIFY THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY AND COMPLY WITH THEM. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE DO NOT INSTALL THE SOFTWARE. ECU RESERVES THE RIGHT TO MODIFY THESE TERMS AT ANY TIME AND WILL PUBLISH NOTICE OF ANY SUCH MODIFICATIONS ON-LINE AT THIS SITE OR ELSEWHERE ON-LINE. BY CONTINUING TO USE THE SOFTWARE AFTER NOTICE OF SUCH MODIFICATIONS HAS BEEN PUBLISHED, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THEM.
License: In consideration of your agreement to the Terms contained herein, East Carolina University (“ECU”) grants you a personal, non-exclusive, non-transferable license to use one copy of the Software. The term Software includes all aspects of the ECU Screensaver (“Screensaver”), including without limitation its technical capabilities, code, text, graphics, logos, trademarks, content or material. You may only use one copy of the Software. However, you may make one back-up copy, which will also be subject to these Terms. You may use the Software for legal purposes only. You may only use the Software for your personal, non-commercial use. You may not copy, modify, alter or make any changes to the Software or any part of it. You may not, distribute, publish, commercially exploit, loan, rent, lease or license (whether for a fee or otherwise) the Software, or make it (or any copy of it) available to others.
Copyright and other intellectual property rights: All intellectual property rights in the Software are owned by ECU and are protected by law.
Disclaimer of Warranty and Limitation of Liability:
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE OF A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
ECU does not warrant, and hereby disclaims any warranties, either express or implied, with respect to the accuracy, adequacy or completeness of the Software. ECU does not warrant that Software will operate in an uninterrupted or error-free manner or that Software is free of viruses or other harmful components. Use of the Software is at your own risk.
YOU AGREE THAT ECU WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS, OR TO YOUR (OR ANY THIRD PARTY'S) USE OR INABILITY TO USE THE SOFTWARE. IN PARTICULAR, ECU WILL HAVE NO LIABILTY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OR INABILITY TO USE THE SOFTWARE, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE AND ONLY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY.
Termination: ECU may at any time unilaterally terminate your license to use any copy of the Software effective immediately upon notice to you. Your license automatically terminates if you do not comply with any provisions of these Terms. Upon termination of the license you must destroy all copies of the Software in your possession. ECU may discontinue the provision of the Software at any time.
Choice of Law/Forum Selection: You agree that any dispute arising out of or relating to these Terms, including copies and republication thereof, whether based in contract, tort, statutory or other law, will be governed by the laws of the State of North Carolina. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Pitt County, North Carolina, as the legal forum for any such dispute.
Trademarks: East Carolina University, East Carolina, and ECU are trademarks of ECU. Use, reproduction, copying or redistribution of ECU trademarks, without the written permission of ECU is prohibited.
Indemnification: You agree to indemnify and hold East Carolina University harmless from any claims, losses or damages, including legal fees, resulting from your violation of the Terms and/or your use of the Software. You further agree to fully cooperate in East Carolina University's defense against any such claims.
General: These Terms constitute the entire agreement between you and ECU with respect to the subject matter herein and supersedes any and all prior or contemporaneous oral or written agreements.