Last Updated: February 2017
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
By receiving, opening the file package, and/or using OvOy Live Wallpaper containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by OvOy Creative Lab your use of OvOy Live Wallpaper indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, OvOy Creative Lab grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use OvOy Live Wallpaper in accordance with this Agreement and any other written agreement with OvOy Creative Lab. OvOy Creative Lab does not transfer the title of OvOy Live Wallpaper to you; the license granted to you is not a sale. This agreement is a binding legal agreement between OvOy Creative Lab and the purchasers or users of OvOy Live Wallpaper.
If you do not agree to be bound by this agreement, remove OvOy Live Wallpaper from your computer now and, if applicable, promptly return to OvOy Creative Lab by mail any copies of OvOy Live Wallpaper and related documentation and packaging in your possession.
OvOy Live Wallpaper and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of OvOy Live Wallpaper contact OvOy Creative Lab.
Your license to use OvOy Live Wallpaper is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of OvOy Live Wallpaper.
You shall use OvOy Live Wallpaper in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of OvOy Live Wallpaper together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of OvOy Live Wallpaper may be used on one single computer location by one user. Use of OvOy Live Wallpaper means that you have loaded, installed, or run OvOy Live Wallpaper on a computer or similar device. If you install OvOy Live Wallpaper onto a multi-user platform, server or network, each and every individual user of OvOy Live Wallpaper must be licensed separately.
You may make one copy of OvOy Live Wallpaper for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of OvOy Live Wallpaper. The assignment, sublicense, networking, sale, or distribution of copies of OvOy Live Wallpaper are strictly forbidden without the prior written consent of OvOy Creative Lab. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of OvOy Live Wallpaper. If any person other than yourself uses OvOy Live Wallpaper registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile OvOy Live Wallpaper. Nor can you create any derivative works or other works that are based upon or derived from OvOy Live Wallpaper in whole or in part.OvOy Creative Lab's name, logo and graphics file that represents OvOy Live Wallpaper shall not be used in any way to promote products developed with OvOy Live Wallpaper. OvOy Creative Lab retains sole and exclusive ownership of all right, title and interest in and to OvOy Live Wallpaper and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of OvOy Live Wallpaper, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for OvOy Creative Lab.
You will indemnify, hold harmless, and defend OvOy Creative Lab , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of OvOy Creative Lab's Software.
In no event (including, without limitation, in the event of negligence) will OvOy Creative Lab , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, OvOy Live Wallpaper or the use or inability to use OvOy Live Wallpaper or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
OvOy Creative Lab's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by OvOy Creative Lab ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to OvOy Creative Lab.
Except as expressly stated in writing, OvOy Creative Lab makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
This Agreement shall be governed by the law of the Taiwan applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Taiwan therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of OvOy Live Wallpaper and destroy all copies of OvOy Live Wallpaper supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY OvOy Live Wallpaper AS WELL.
You agree that OvOy Creative Lab may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to OvOy Live Wallpaper.OvOy Creative Lab may also use this information to provide notices to you which may be of use or interest to you.