This license (“License”) contains rights and restrictions associated with use of the accompanying software.
- This Zipper Software Web Use License Agreement (this “Agreement”) is a legal agreement between you (either an individual or a legal entity) (“Licensee”) and Zipper Software and pertains to the Zipper Software product(s) accompanying this Agreement or referring to this Agreement, which include(s) computer software and may include “online” or electronic documentation, associated media, and printed materials, including the source code, example programs and the documentation (“Licensed Software”).
- The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold.
- By installing, copying, or otherwise using the Licensed Software, Licensee agrees to be bound by the terms of this License. If Licensee does not agree to the terms of this License, Licensee should not install, copy, or otherwise use the Licensed Software. In addition, by installing, copying, or otherwise using any updates or other components of the Licensed Software that Licensee may receive separately as part of the Licensed Software (“Updates”), Licensee agrees to be bound by any additional license terms that accompany such Updates. If Licensee does not agree to the additional license terms that accompany such Updates, Licensee should not install, copy, or otherwise use such Updates.
- Upon Licensee’s acceptance of this License, Zipper Software grants to Licensee an individual, non-exclusive, non-transferable license to use the Licensed Software.
- The license granted Licensee is subject to all of the following conditions:
- the Licensed Software may not be installed by anyone other than the Licensee;
- Licensee may install the Licensed Software on no more than two network hosts (one test and one production) . Licensee may copy the Licensed Software only for backup purposes in support of Licensee’s use of Licensee’s products, provided that Licensee reproduces all copyright and other proprietary notices that are on the original copy of the Licensed Software.
- Licensee may not rent, lease or lend the Licensed Software. Licensee may not distribute, transfer, assign or otherwise dispose of, the Licensed Software or any part thereof, solely or as a part of another product in any other form.
- The deployment of all or part of the Licensed Software may require licenses under third party intellectual property rights, including without limitation, patent rights. Zipper Software is not responsible and shall not be held responsible in any manner for identifying or failing to identify any or all such third party intellectual property rights.
- Disclaimer of Warranty
Software is provided “AS IS,” without a warranty of any kind. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED.
- Limitation of Liability
ZIPPER SOFTWARE AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY THIRD PARTY AS A RESULT OF USING OR DISTRIBUTING SOFTWARE. IN NO EVENT WILL ZIPPER SOFTWARE OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF ZIPPER SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Termination. Licensee may terminate this License at any time by destroying all copies of Software. This License will terminate immediately without notice from Zipper Software if Licensee fails to comply with any provision of this License. Upon such termination, Licensee must destroy all copies of Software.