Zoom Search Engine Free Edition distribution permissions and end-user license agreement

PassMark® Software Pty Ltd trading as Wrensoft™ (‘Wrensoft')
End User Licence Agreement (‘EULA')

IMPORTANT! PLEASE READ THE FOLLOWING TERMS AND CONDITIONS.

YOU, THE INSTALLER OF THIS SOFTWARE, AGREE THAT ALL OF THE TERMS AND CONDITIONS DESCRIBED BELOW APPLY TO YOU AND ANYONE ELSE WHO USES THIS SOFTWARE, IF EITHER;
YOU CLICK THE “ACCEPT” BUTTON, OR YOU COPY, INSTALL, OR USE THIS COPY OF WRENSOFT SOFTWARE, OR YOU PERMIT OR ENABLE OTHERS TO COPY, INSTALL OR USE THIS WRENSOFT SOFTWARE.

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, PLEASE TERMINATE INSTALLATION IMMEDIATELY AND DO NOT USE THIS SOFTWARE.

SOFTWARE COVERED BY THIS LICENCE
This licence agreement (“Agreement”) applies only to the version of the software package Zoom Search Engine with which this Agreement is included. Different licence terms may apply to other software packages from Wrensoft and licence terms for later versions of Zoom Search Engine may also be changed.

TITLE
Wrensoft or its licensors own the Zoom Search Engine software package, including all materials included with the package. Wrensoft owns the names and marks of ‘Wrensoft'™, ‘Zoom Search Engine' under copyright, trademark and intellectual property laws and all other applicable laws. Wrensoft is both a trademark and brand used by PassMark Pty Ltd to market and promote the Zoom Search Engine.

TERMINATION
This licence will terminate automatically if you fail to comply with any of the terms and conditions, limitations and obligations described herein. On termination you must destroy all copies of the Wrensoft package and all other materials downloaded as part of the package.

DISCLAIMER OF WARRANTY
Wrensoft disclaims any and all warranties express or implied, including any implied warranties as to merchantability or fitness for a particular purpose. You acknowledge and agree that you had full opportunity to test Zoom Search Engine before any live, public or production use, that you assume full responsibility for selecting and using Zoom Search Engine and any files that may be created through the use of Zoom Search Engine and that if you use Zoom Search Engine improperly or against instructions you can cause damage to your files, software, data or business. The entire risk as to quality and performance of Zoom Search Engine is borne by you. This disclaimer of warranty constitutes an essential part of the agreement. Some jurisdictions do allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary by jurisdiction.

LIMITATION OF LIABILITY
In no event shall Wrensoft, its officers, employees, affiliates, contractors, subsidiaries or parent organisations be liable for any incidental, consequential, or punitive damages whatsoever relating to the use of Zoom Search Engine, files created by Zoom Search Engine or your relationship with Wrensoft. Some jurisdictions do not allow exclusion or limitation of liability for incidental or consequential damages, therefore the above limitation may not apply to you.

HIGH RISK ACTIVITIES
The Zoom Search Engine is not fault-tolerant and is not designed or intended for use or resale as on-line control equipment 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 failure of Zoom Search Engine could lead directly to death, personal injury, or severe physical or environmental damage (“High Risk Activities”). Wrensoft and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

LINKS TO THIRD-PARTY SITES
Wrensoft is not responsible for the contents of any third-party sites or services, any links contained in third-party sites or services, or any changes or updates to third-party sites or services. In the case where Wrensoft is providing those links and access to third-party sites and services to you only as a convenience, and the inclusion of any link of access does not imply an endorsement by Wrensoft of the third-party site of service.

ADDITIONAL SOFTWARE
This EULA applies to updates, supplements, add-on components or internet based services components of the software that Wrensoft may provide to you or make available after the date you obtain your initial copy of the software, unless they are accompanied by separate terms.

UPGRADES
To use software identified as an upgrade, you must first be licensed for the software identified by Wrensoft as eligible for the upgrade. After installing the upgrade, you may no longer use the original software that formed the basis of your upgrade eligibility, except as part of the upgraded software (unless otherwise authorised in writing by Wrensoft).

EXPORT RESTRICTIONS
You acknowledge that the software is subject to Australian export jurisdiction. You agree to comply with all applicable international and nationals laws that apply to the software including destination restrictions issued by Australia and other governments.

SOFTWARE TRANSFER
You may transfer your copy of the software to a different device. After the transfer, you must completely remove the software from the former device (except for Free Edition). See also SPECIAL LICENSE CONDITIONS FOR ZOOM SEARCH ENGINE.

Transfer to Third Party of Free Edition
The Free Edition of the software may be freely distributed provided that no fee is charged and the product is distributed complete, intact and unedited by anyone other than Wrensoft.

Transfer to Third Party of other Editions (Standard, Professional & Enterprise)
This licence is granted exclusively to you, the original licensee, and therefore no right to resell, transfer, or re-assign the license is granted. An exception may exist for manufacturers, distributors and dealers/resellers of computer systems or computer software who have specifically negotiated for such an exception with Wrensoft to resell a particular license key as part of an installed system or as an authorised reseller of the software on its own.

See www.wrensoft.com <http://www.wrensoft.com> for specifications of different editions.

SPECIAL LICENSE CONDITIONS FOR ZOOM SEARCH ENGINE
A license is required for each copy of the Zoom Indexer (a component of the Zoom Search Engine) application installed on a computer (Standard, Professional and Enterprise Editions only). However, each installed copy of the Zoom Indexer can be used to create and maintain multiple search engines for different sites.

For example, if a licensee manages five different websites and can index all of the sites from one computer (with one installation of Zoom Indexer) then the licensee requires only one license. However, if each of the websites will be indexed from different computers (e.g. web designers' clients will usually want to index their own sites using their own computers) then you will need a copy of Zoom Indexer for each computer and a license for each copy of the Zoom Indexer that has been installed.

The search files generated by the Zoom Indexer may be distributed an unlimited number of times and there is no requirement for the payment of royalty fees or special licenses. However, it is a requirement that all Wrensoft and Zoom Search Engine copyright information must be retained within the search scripts.

SITE LICENSES
If this software is being installed as part of a Site License purchase, then following conditions apply:
The software may installed on an unlimited number of computer systems provided that:
1) The computers on which the software is installed belong to the one legal entity. Subsidiaries, parent companies, brother/sister companies, affiliates and/or agents are not considered to be the same legal entity and are therefore not entitled to have the software installed on their computer systems unless specific permission is granted by Wrensoft.
2) The computer systems must all be situated in the one country. It is permissible that the computers be located in different cities or states within the one country.
3) All such computers are the property of, or are being leased or borrowed by the licensee and are on the premises of the licensee.
4) In the event that the computers are leased or borrowed, the software must be removed prior to the computer being returned to its legal owner.

NO RENTAL/COMMERCIAL HOSTING
You many not rent, lease or lend the software.

LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY
You may not reverse engineer, decompile, or disassemble the software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

APPLICABLE LAW
This Agreement and any dispute relating to the ‘Software' or to this Agreement shall be governed by the laws of the state of New South Wales and the Commonwealth of Australia, without regard to any other country or state choice of law rules. You agree and consent that jurisdiction and proper venue for all claims, actions and proceedings of any kind relating to Wrensoft or the matters in this Agreement shall be exclusively in courts located in NSW, Australia. If any part or provision of this Agreement is held to be unenforceable for any purpose, including but not limited to public policy grounds, then you agree that they remainder of the Agreement shall be fully enforceable as if the unenforced part or provision never existed. There are no third party beneficiaries or any promises, obligations or representations made by Wrensoft herein.

ENTIRE AGREEMENT
This Agreement (including any addendum or amendment to this EULA which is included with the software) constitutes the entire Agreement between the parties with respect to the subject matter herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between you and Wrensoft. Waiver by Wrensoft of any violation of any provision of this Agreement shall not be deemed to waive any further or future violation of the same or any other provision.

EULA0801088ZSE_ENG02

You can freely distribute and use the Zoom Search Engine, provided that it is not modified, it is distributed intact and complete
and no charge is made for the software.

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