ZipZag 1.80

EULA - End User License Agreement

END-USER LICENSE AGREEMENT FOR ZIPZAG

IMPORTANT-READ CAREFULLY:

This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Gabriel Valentin Cristescu ("Author") for the software product identified above, which includes computer software and may include associated media, bonus software, printed materials, and online or electronic documentation ("ZipZag"). By installing, copying, or otherwise using ZipZag, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use ZipZag.

ZIPZAG LICENSE

ZipZag is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. ZipZag is licensed, not sold.

1. GRANT OF LICENSE. This EULA grants you the following rights:

Applications Software. You may install and use one copy of ZipZag, or any prior version for the same operating system, on a single computer.

Storage/Network Use. You may also store or install a copy of ZipZag on a storage device, such as a network server, used only to install or run ZipZag on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which ZipZag is installed or run from the storage device. A license for ZipZag may not be shared or used concurrently on different computers.

License Pack. If you have acquired this EULA in a ZipZag License Pack, you may make the number of additional copies of the computer software portion of ZipZag authorized on the registration information or printed copy of this EULA, and you may use each copy in the manner specified above. You are also entitled to make a corresponding number of secondary copies for portable and home computer use as specified above.

- Evaluation Edition. If ZipZag is identified as "Evaluation Edition" or "Shareware Edition" or "Trialware Edition" you may use ZipZag for 30 days without obligation, in order to evaluate it. After this period, you must order the program or stop using it.

Academic/Non-Profit Edition Software. If ZipZag is identified as "Academic/Non-Profit Edition" you must be a "Qualified Educational/Non-Profit User" to use ZipZag. If you are not a Qualified Educational/Non-Profit User, you have no rights under this EULA. To determine whether you are a Qualified Educational User, please contact the Author Sales at zipzag@zipzag.com.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble ZipZag, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Separation of Components. ZipZag is licensed as a single product. Its component parts may not be separated for use on more than one computer.

Rental. You may not rent, lease, or lend ZipZag.

Support Services. Author may provide you with support services related to ZipZag ("Support Services"). Use of Support Services is governed by the Author policies and programs described in the user manual, in online documentation, and/or in other Author-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of ZipZag and subject to the terms and conditions of this EULA. With respect to technical information you provide to Author as part of the Support Services, Author may use such information for its business purposes, including for product support and development. Author will not utilize such technical information in a form that personally identifies you.

Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of ZipZag (including all component parts, the media and printed materials, any upgrades, this EULA, and the recipient agrees to the terms of this EULA. If ZipZag is an upgrade, any transfer must include all prior versions of ZipZag.

Termination. Without prejudice to any other rights, Author may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of ZipZag and all of its component parts.

3. UPGRADES. If ZipZag is labeled as an upgrade, you must be properly licensed to use a product identified by Author as being eligible for the upgrade in order to use ZipZag. A ZipZag labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If ZipZag is an upgrade of a component of a package of software programs that you licensed as a single product, ZipZag may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.

4. COPYRIGHT. All title and copyrights in and to ZipZag (including but not limited to any images, photographs, animations, video, audio, music, text, and scripts incorporated into ZipZag), the accompanying printed materials, and any copies of ZipZag are owned by Author or its suppliers. ZipZag is protected by copyright laws and international treaty provisions. Therefore, you must treat ZipZag like any other copyrighted material except that you may install ZipZag on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying ZipZag.

5. DUAL-MEDIA SOFTWARE. You may receive ZipZag in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of ZipZag.

MISCELLANEOUS

Should you have any questions concerning this EULA, or if you desire to contact Author for any reason, please contact us at zipzag@zipzag.com.

LIMITED WARRANTY

LIMITED WARRANTY. Author warrants that (a) ZipZag will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any Support Services provided by Author shall be substantially as described in applicable written materials provided to you by Author, and Author support engineers will make commercially reasonable efforts to solve any problem issues. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on ZipZag, if any, are limited to ninety (90) days.

CUSTOMER REMEDIES. Author's and its suppliers' entire liability and your exclusive remedy shall be, at Author's option, either (a) return of the price paid, if any, or (b) repair or replacement of ZipZag that does not meet Author's Limited Warranty and which is returned to Author with a copy of your receipt. This Limited Warranty is void if failure of ZipZag has resulted from accident, abuse, or misapplication. Any ZipZag replacement will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

HIGH RISK ACTIVITIES. ZipZag is not fault-tolerant and is not designed, manufactured or intended for use in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of ZipZag could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Author and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AUTHOR AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO ZIPZAG, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AUTHOR OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE ZIPZAG OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, AUTHOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR ZIPZAG OR U.S.$5.00; PROVIDED, BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.