UNLESS OTHERWISE EXPLICITLY STATED, THE MATERIALS ARE FURNISHED "AS IS," "AS AVAILABLE," AND WITH ALL FAULTS. ACEZ SOFTWARE MAKES, AND YOU RECEIVE, NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH YOU REGARDING THE MATERIALS. ACEZ SOFTWARE SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. ACEZ SOFTWARE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS WEB SITE OR ANY WEB SITES LINKED TO THIS WEB SITE.
IN NO EVENT WILL ACEZ SOFTWARE BE LIABLE FOR ANY INDIRECT DAMAGES, WHETHER ARISING FROM TORT OR CONTRACT, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOST PROFITS, COST OF COVER, OR OTHER SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF THE SERVICES PROVIDED, OR THE USE OR INABILITY TO USE ANY OF THE MATERIALS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF ACEZ SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF ANY WARRANTY OR REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE TOTAL LIABILITY OF ACEZ SOFTWARE WILL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS WEB SITE. ANY CLAIMS RELATING TO MATERIALS DOWNLOADED PURSUANT TO A SEPARATE LICENSE ARE GOVERNED SOLELY BY THAT LICENSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You hereby agree to indemnify and hold Acez Software harmless for any and all costs, damages, expenses, liabilities or obligations (including defense costs and attorneys fees) that it may incur as a result of claims asserted against it by any third party that directly or indirectly arise or otherwise relate to your access to and use of the Materials, including without limitation your failure to comply with the terms of this Agreement or any License Agreement.
Links to Third Party Sites
Acez Software may provide links to third-party sites. Acez Software does not control the linked sites and Acez Software is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Acez Software is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Acez Software of the site. If you decide to leave our web site and access these third-party sites, you do so at your own risk.
Screensaver screenshots and icons on the web site may or maynot be the acutal size of the actual screensaver.
Copyright & Trademark
The Materials contain copyrighted, trademarked, and/or service marked animations, photographs, images, videos, text, music and sounds. Nothing on this web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Materials, without the prior written permission of the copyright, trademark and/or service mark owner. Acez Software will enforce its intellectual property rights to the fullest extent of the law. The name of Acez Software, or the Acez Software logo may not be used in any way, including in advertising or publicity pertaining to distribution of Materials on this web site, without prior written permission. Acez Software prohibits use of the logo as an electronic link to any Acez Software site unless establishment of such a link is approved in advanced by Acez Software in writing.
ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.