terms

TERMS OF USE FOR SKINS IN THE LAVASOFT SKIN GALLERY

  • 1. BACKGROUND. Lavasoft Limited, 40/D, St. Julian's Court, Sur Fons Street, St. Julian's, Malta, corporate identity number C 45996 (“Lavasoft”) has established a Lavasoft Skin Gallery with the overall purpose of enabling end users of Lavasoft software products to use and create skins for the user interface of certain of Lavasoft software products (“Skins”). The use of the Skins that are available in the Skin Gallery is subject to these Terms of Use for Skins in the Lavasoft Skin Gallery (the “Terms of Use”).
  • 2. LICENSE GRANT AND USE RESTRICTIONS. Lavasoft hereby grants you (“You”) a non-exclusive, non-transferable, non-sublicensable and limited license to, subject to these Terms of Use, use any and all Skins that are available in the Lavasoft Skin Gallery solely in connection with the use of a Lavasoft Software Product. You may not, or permit any third party to, sub-license, assign, transfer, distribute, pledge, lease, rent or share Your rights under these Terms of Use or to modify, adapt or translate, disassemble, decompile, reverse engineer or otherwise attempt to discover the source code of any Skins.
  • 3. OWNERSHIP. For the avoidance of any doubt, Lavasoft and its licensors shall retain all rights, title and interest to the Skins in the Lavasoft Skin Gallery, including but not limited to any and all copyrights, patents, trademarks, trade secrets and any and all other intellectual property rights and other proprietary rights in the Skins and You obtain no other rights to the Skins than the limited right of use as set out in Section 2 above.
  • 4. DISCLAIMER AND LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, THE SKINS ARE PROVIDED “AS IS” AND LAVASOFT MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THE SKINS WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LAVASOFT MAKES NO REPRESENTATION OR WARRANTY THAT THE SKINS WILL BE ERROR-FREE. IN NO EVENT SHALL LAVASOFT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL) ARISING FROM ANY USE OF THE SKINS OR THE FACT THAT THE SKINS ARE DEFECTIVE.
  • 5. TERMINATION. Lavasoft may, upon written notice to You, terminate Your rights under this Terms of Use if You are in breach of any of the terms and conditions set out herein.
  • 6. MISCELLANOUS. If any provision herein is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of these Terms of Use shall remain in full force and effect.
  • 7. GOVERNING LAW. To the extent permitted by applicable mandatory law, these Terms of Use shall be governed by the laws of Malta, excluding its conflict of law principles and any and all disputes arising out of these Terms of Use shall be subject to the sole and exclusive jurisdiction of the courts of Malta. However, the above shall not affect any rights You may have under applicable mandatory law to take action in Your country of residence and under the laws of that country.
  • 8. CONTACT INFORMATION. If You have any questions about these Terms of Use or the Lavasoft Skin Gallery, You may contact Lavasoft through the Lavasoft web site – www.lavasoft.com.
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