Arlinn Tower Ent.
AVMaker Demo EULA
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Select a Version size below to download AVMaker Pro Demo Ver 1.0.1
 
Download only if you will abide by the terms and conditions of this EULA.

AVMaker Pro Demo Ver 1.0.1
         Full size - 3.7MB
 
               Download now 
       

AVMaker Pro Ver 1.0.1
     Slim size - 1.3MB
 
       Download now 

AVMAKER AND ARLINN TOWER ENT END USER LICENSE AGREEMENT

BY CLICKING ON THE "DOWNLOAD" BUTTON, YOU ARE CONSENTING TO BE

BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT

AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, EXIT THIS PAGE AND THE

 DOWNLOAD PROCESS WILL NOT CONTINUE.

IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS

EXPRESSLY LIMITED TO THESE TERMS. YOU WILL ALSO FIND A

COPY OF THIS AGREEMENT INSTALLED IN THE SOFTWARE PROGRAM

DIRECTORY OF YOUR HARDDRIVE.

GRANT. Subject to the terms of this Agreement,

Arlinn Tower Ent. ("ATE") hereby grants you a limited,

personal, nontransferable, nonsublicensable, royalty-free,

nonexclusive license to use one copy of the software product

you are about to download in object code form ("Software")

for the purpose of creation of Personal Use Avatars in your

"world". Use of this software for commercial avatar production

is expressly prohibited. A separate business user license is

required and will be negotiated on a case-by-case basis.

You may: produce one copy the Software for archival purposes,

provided any copy contains all of the original Software's

proprietary notices; you may use the ATE Software subject

to the terms and conditions of this license.

You may not, directly or indirectly: modify, translate,

reverse engineer, reconfigure,decompile, disassemble (except

to the extent applicable laws specifically prohibit such

restriction), create derivative works based on, or otherwise

attempt to discover the source code or underlying ideas or

algorithms of the Software or ATE Software; or copy (except

for archival purposes as set forth above), rent, lease,

distribute, transfer or otherwise transfer rights to the

Software or ATE Software; use the Software or ATE Software

for timesharing or service bureau purposes; or remove any

proprietary notices or labels on the Software or ATE Software

or provide any version of the Software for download from any

internet site or provide it on any recording material to any

other party.

SOFTWARE. This license does not grant you any right to any

enhancement or update. Furthermore, this license does not

grant you continued access to ATE Software.

SUPPORT. This Agreement does not entitle you to any maintenance,

upgrades, patches, enhancements, fixes, new versions or other

support ("Support Programs") for the Software or ATE Software;

provided, however, that if you download or otherwise obtain in

any manner any Support Programs they shall become part of the

Software and the terms of this Agreement shall apply.

TITLE. As between the parties, title, ownership rights, and

intellectual property rights in and to the Software and ATE

Software, and any copies or portions thereof, shall remain in

Arlinn Tower Ent. and its suppliers or licensors. The Software

and all ATE Software are protected by the copyright laws of the

United States and international copyright treaties. This License

gives you no rights, title, or interest to Content except the

limited license to use the ATE Software as described above.

DISCLAIMER OF WARRANTY. THE SOFTWARE, ATE SOFTWARE, AND ANY

SERVICES THAT YOU RECEIVE FROM ARLINN TOWER ENT, ARE PROVIDED

"AS IS." ATE HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES,

INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY. You assume the entire risk as to the

quality and performance of the Software or ATE Software. Arlinn

Tower Ent assumes no liability for the cost of any service or

repair if the Software or ATE Software is defective. Further,

you assume the responsibility of, and any costs or liability

associated with, making a connection (by any means) to any

ActiveWorlds(TM) server to display your avatars.

Arlinn Tower Ent exercises no screening, editorial, or other

control over Content available to you through your use of the

Software and ATE Software, and Content may include material

that could be deemed distasteful, misleading, inaccurate,

offensive, pornographic or otherwise objectionable. Furthermore,

use of the Software or ATE Software does not guarantee any

privacy or confidentiality of any Content you post or make

available through the Software and Arlinn Tower Ent assumes

no responsibility or liability for the preservation or display

of such Content. Your world hoster may modify or remove it at

their sole discretion. You hereby release Arlinn Tower Ent from

any and all liability for all claims related to Content as well

as claims related to the security or level of privacy provided.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT,

STRICT LIABILITY, OR OTHERWISE, SHALL ARLINN TOWER ENT OR ITS

LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER

PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL

DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS,

LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,

OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT

WILL ARLINN TOWER ENT BE LIABLE FOR ANY DAMAGES IN EXCESS

USD$0.01, EVEN IF ARLINN TOWER ENT SHALL HAVE BEEN INFORMED OF

THE POSSIBILITY OF SUCH DAMAGES.

TERMINATION. Arlinn Tower Ent may, at its sole discretion,

terminate this Agreement, the license granted herein, and

your right to use or access the Software at any time. On

termination, you must destroy all copies of the Software in

your possession or under your control.

ARBITRATION. Arbitration is specificly denied. Any claim

alleging a violation of any duty incident to this Agreement,

or your use of the Software or the ATE Software, or your

copying, or modification of the software packaging structure,

or giving, loaning, or receiving unlicensed copies of the

Software or ATE Software must be heard in the Fond du Lac County

Circuit Court, Fond du Lac, WI. User agrees to accept all costs

arising from any violations or alleged violations on his part.

Punitive or consequent damages (including without limitation

statutory "multiplied," e.g. treble, damages) may be awarded

and the Court shall be made aware of this agreement.

EXPORT CONTROLS. None of the Software, ATE Software or

underlying information or technology may be downloaded or

otherwise exported or re-exported (i) into (or to a national

or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria

or any other country to which the U.S. has embargoed goods;

or (ii) into any country in which the U.S. has embargoed goods,

or to anyone on the U.S. Treasury Department's list of Specially

Designated Nationals or the U.S. Commerce Department's Table

of Deny Orders. By downloading or using the Software, you are

agreeing to the foregoing and you are representing and warranting

that you are not located in, under the control of, or a national

or resident of any such country or on any such list.

MISCELLANEOUS. This Agreement represents the complete license

agreement and supersedes all prior agreements and representations

and may only be amended by a writing executed by the parties.

If any provision of this Agreement is held to be unenforceable

for any reason, such provision shall be reformed only to the

extent necessary to make it enforceable. This Agreement shall

be governed by and construed under Wisconsin law.

U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure

by the Government is subject to restrictions set forth in

subparagraphs (a) through (d) of the Commercial Computer-Restricted

Rights clause at FAR 52.227-19 when applicable, or in

subparagraph (c)(1)(ii) of the Rights in Technical Data and

Computer Software clause in DFARS 252.227-7013, and in similar

clauses in the NASA FAR Supplement.

Created and produced by Arlinn Tower Ent., P.O. Box 583, Ripon, WI 54971.