Zoner Photo Studio Professional distribution permissions and end-user license agreement
LICENSING AGREEMENT ZONER software, s.r.o.
1. FUNDAMENTAL PROVISIONS This Licensing Agreement is entered into by and between the company ZONER software, s.r.o., Company ID No.: 494 37 381, having its registered office in Brno, Nové sady 583/18, Postal code 602 00, Czech Republic, registered in the Companies Register administered by the Regional Court in Brno, Section C, Insert 12088 (hereinafter referred to as "ZONER"), as the author of the computer program Zoner Photo Studio (hereinafter referred to as the "Program") and Yourself - a natural or legal person, as the legal owner of a computer, in which a reproduction (copy) of the Program is installed, or a person who is authorized to use and install programs in a computer, that is not in such person's ownership (hereinafter referred to as the "User"). The Program includes also all its updates, add-in components or other accessories, which ZONER may provide or make accessible in any other way to the User, provided however that such items are not subject to a separate licensing agreement. Upon affirming this Licensing Agreement or installing the Program you agree with all its terms and conditions and are bound hereby. Should you not agree with the below terms and conditions, choose the option "I disagree..." and contact the dealer, from which you purchased the Program. You are not allowed to install or use in any other way the Program without agreeing to this Licensing Agreement.
2. GRANT OF A LICENSE TO USE THE PROGRAM. Under the terms and conditions hereof ZONER grants to the User a non-transferable and non-exclusive right to use a reproduction (copy) of the Program on one computer. The Program IS NOT freeware. The User is not authorized to disseminate the Program or its trial version without the prior written consent of ZONER. The User shall not in particular be authorized to:
- reproduce the Program in any way whatsoever, not even pro personal needs, except when it is necessary for the use of a legally acquired reproduction of the Program;
- install the Program into another computer or computers;
- publish, share, lend, assign, pledge or burden, lease, sublicense or in any other way enable the use of the Program by a third party;
- modify, process or alter in any other way the Program or its individual components and reverse engineer the Program, except for and in the extent of activities that are expressly permitted by the Copyright Act;
- include the Program or parts thereof in any way into own products or products of third parties;
- assign the granted license to a third party without the prior written consent of ZONER;
The trial version of the Program shall be provided for free for a period of 30 days of its first installation on the User’s computer. The use of the Program without granting of the relevant license after expiration of this timelimit represents a breach of the law and the provisions hereof. Repeated installation of the trial version of the Program is not permitted.
3. COPYRIGHT. All personal and property rights to the Program and all its components belong to ZONER and/or its suppliers. The Program is protected by copyright applicable on the territory of the Czech Republic and in other countries according to valid international treaties regulating intellectual property rights.
4. UPDATES, FURTHER VERSIONS AND DISCOUNTS. The Program User using the Program in compliance herewith, shall be entitled to free updates of the Program, provided that ZONER fully completed and at the same time decided to publish the relevant Program update by launching it on the market. The User acknowledges hereby that installations of the Program updates published by ZONER are necessary for optimum operation of the Program. The User therefore acknowledges that ZONER shall not be in any way liable for unreliable performance of the Program if the User fails to install available Program updates. The User may become entitled to obtaining the Program upgrades or other ZONER programs with a discount according to the current offer of ZONER.
5. MULTIPLE LICENSES. The User shall be authorized to use the Program hereunder on more than one computer only in the maximum number of reproductions specified in the written declaration of ZONER (the "Multiple License List"). The use of the Program on more computers without a proper Multiple License List is prohibited and may be sanctioned.
6. TERMINATION OF THE AGREEMENT. This Agreement shall terminate if the User commits a breach of any provision hereof. After the Agreement termination the User shall destroy and cease to use in any manner whatsoever all reproductions of the Program, which relate to a license granted hereunder.
7. LIMITATION OF LIABILITY AND WARRANTIES. ZONER warrants that at the moment of delivery of the Program and for 30 successive days the medium (if the Program was delivered via a medium) shall show no factual defects and all its substantial features shall operate in compliance with the relevant specification. ZONER assumes no liability for damage caused by the use of the Program on the User's computer or any other damages indirectly connected with the use of this Program. ZONER, ITS SUPPLIERS OR DEALERS SHALL NOT BE OBLIGED TO REIMBURSE THE USER OR A THIRD PARTY FOR ANY INDIRECT, SUBSEQUENT, SUBSIDIARY, PUNITIVE OR SPECIAL DAMAGES (IN PARTICULAR LOSS OF PROFIT OR EARNINGS, DAMAGES FOR LOSS OF PRIVACY, LOSS OF ENJOYMENT OF ANY COMPUTER OR SOFTWARE INCLUDING THIS PROGRAM, INTERRUPTION OF OPERATION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) INCURRED IN CONNECTION WITH THIS AGREEMENT OR SOFTWARE, THE USE OF WHICH IS GRANTED HEREUNDER; THIS SHALL APPLY ALSO IN CASE THAT THE USER WAS ADVISED BY ZONER ON THE POSSIBILITY OF OCCURENCE OF SUCH DAMAGES, WHEREAS THE CAUSE OF DAMAGE OR THEORY OF LIABILITY FOR DAMAGE SHALL NOT BE TAKEN INTO ACCOUNT. LIABILITY FOR DAMAGE IN ACCORDANCE WITH THE ABOVE SHALL APPLY IN THE MAXIMUM POSSIBLE EXTENT PERMITTED BY APPLICABLE LEGAL REGULATIONS. ZONER’S LIABILITY FOR DAMAGE INCURRED IN CONNECTION WITH THE PROGRAM SHALL IN NO CASE EXCEED THE AMOUNT, WHICH THE USER ACTUALLY PAID FOR THE PROGRAM OR THE AMOUNT CORRESPONDING TO THE RECOMMENDED SELLING PRICE OF THE PROGRAM ACCORDING TO THE PRICE LIST OF ZONER AT THE MOMENT OF THE PROGRAM PURCHASE, WHICHEVER AMOUNT IS LOWER. THE ABOVE LIMITATION SHALL APPLY ALSO IN THE EVENT THAT THE BASIC PURPOSE OF ANY LIMITED CLAIM IS NOT MET ON ANY GROUNDS WHATSOEVER.
8. SALES SUPPORT. In case of any inquiries regarding legitimacy of use of this Program contact ZONER software, s.r.o. at firstname.lastname@example.org.
9. PERSONAL DATA PROCESSING. The User grants to ZONER consent to collect and process personal data for the purposes of the User's registration.
10. MJPEG Tools. A part of the Program installation may be software used under the GNU GPL license (such as MJPEG Tools). For the text of GNU GPL license see file MJPEG.txt. However, the program Zoner Photo Studio IS NOT covered under the GNU GPL license, as this software only runs the Program and is not linked to it. For more information about GNU GPL and source codes of the software covered by GNU GPL and distributed with Zoner Photo Studio go to ZONER software address or to email@example.com.
You may include ZONER PHOTO STUDIO 11 trial on any CD compilation. In fact, we welcome it. Please let us know when you do so, however.
You may not sell the trial version.
You must disclose that the copy of ZONER PHOTO STUDIO 11 trial offered for download is a trial version and the product is not free.