Zoot distribution permissions and end-user license agreement

Software License Agreement for Zoot(tm)

This license agreement ("License") is a legal agreement between you ("Licensee") and Zoot Software. Zoot Software reserves all rights not expressly granted by this License. The computer software program listed above ("Software Product") includes computer software, the associated media, any printed materials and any online or electronic documentation. The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product is owned by Zoot Software and licensed, not sold. By installing, copying, downloading, accessing, or otherwise using the Software Product, you agree to be bound by the terms of this License. If you do not agree to the terms of this License, you should promptly remove the Software Product from your computer. If applicable, you may return the Software Product to Zoot Software for a full refund. The terms of this License will supersede the terms of all other licenses granted for the Software Product.

1. License

Rights of "Trial Version" Licensee:

(a) If the Software Product is a "Trial Version", Zoot Software grants a non-exclusive, non-transferable license to use the Software Product for a 45 day trial period, which begins on the first day the Software Product is run and ends 45 days later (unless terminated under section 4). This License may not be shared or used concurrently on different computers. To continue using the Software Product after the 45 day trial period has ended, you must purchase an appropriate license from Zoot Software, otherwise you must discontinue use and promptly remove the Software Product from your computer(s). Note that the Software Product may be programmed to cease functioning on a certain date.

Rights of Single-user Licensee:

(a) Upon payment of all applicable fees and subject to the terms of this License, Zoot Software grants a non-exclusive, perpetual (unless terminated under section 4) license to use the Software Product on one or more computers for use exclusively by the Licensee. This License may not be shared or used concurrently on different computers.

(b) If the Software Product licensed is an upgrade, the Licensee acknowledges that such upgrade may only be used to replace validly licensed previous versions of the same Software Product. Licensee may not use the upgrade in addition to the Software Product the upgrade is replacing.

Rights of Volume Licensee:

(a) Upon payment of all applicable fees and subject to the terms of this License, Licensee may make exact copies of the Software Product in the quantity corresponding to the license purchased by Licensee from Zoot Software, and install and use each such copy of the Software Product on a single computer owned or leased by Licensee. The primary user of the computer on which the Software Product is installed may make a second copy for his or her exclusive use on either a home or portable computer.

(b) If the Software Product licensed is an upgrade, the Licensee acknowledges that such upgrade may only be used to replace validly licensed previous versions of the same Software Product. Licensee may not use the upgrade in addition to the Software Product the upgrade is replacing. Licensee shall be solely responsible for all expenses incurred in the copying and installation of the Software Product by Licensee.

(c) The Software Product may be stored on a storage device (e.g., a network server) which is used only to install the Software Product over an internal network onto other computers governed by Licensee , however, Licensee must acquire and dedicate a license for each separate computer on which the Software Product is installed from the storage device.

(d) If the Software Product is licensed at an educational discount, the Software Product may only be used by enrolled students, faculty, teaching assistants and administrators of the educational institution which has licensed the Software Product.

2. Transfer

If License is a "Single-user License" and not a "Volume License" or "Trial Version License", then Licensee may permanently transfer all rights under this License, provided the recipient agrees to the terms of this License. Any transfer must include this License, all component parts of the Software Product, including the media and printed materials. If the Software Product is an upgrade, any transfer must include all prior versions of the Software Product, and any copies of the Software Product must be destroyed.

3. Restrictions

(a) THIS SOFTWARE PRODUCT IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, AIR TRAFFIC CONTROL, OR OTHER ENVIRONMENTS IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

(b) You may not reverse engineer, decompile, disassemble or otherwise reduce the software to any human perceivable form except as permitted under applicable law. You may not modify, adapt, translate, rent, lease, loan or create derivative works based upon the software or any part thereof.

4. Termination

Without prejudice to any other rights, Zoot Software may terminate this License if you fail to comply with the terms and conditions of this License. In such event, you must destroy all copies of the Software Product and all of its component parts. Sections 6 and 7 of this License will survive any termination.

5. Export Law Assurances

You may not use or otherwise export or re-export the Software Product except as authorized by United States law and the laws of the jurisdiction in which the Software Product was obtained. In particular, but without limitation, the Software Product may not be exported or re-exported (i) into any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department`s list of Specially Designated Nations or the U.S. Department of Commerce`s Table of Denial Orders. By using the Software Product you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

6. Limited Warranty

Zoot Software warrants for a period of ninety (90) days from the date of purchase that (i) the media provided by Zoot Software, if any, on which the Software Product is recorded will be free from defects in materials and workmanship under normal use and (ii) the Software Product as provided by Zoot Software will substantially conform to Zoot Software`s published specifications for the Software Product. Zoot Software`s entire liability and your sole and exclusive remedy for any breach of the foregoing limited warranty will be, at the discretion of Zoot Software, replacement of the media, refund of the purchase price or repair or replacement of the Software Product.

IN NO EVENT WILL ZOOT SOFTWARE BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR ACCOMPANYING WRITTEN MATERIALS, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF A REPRESENTATIVE OF ZOOT SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. ZOOT SOFTWARE`S LIABILITY TO YOU FOR DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO THE AMOUNT OF MONEY PAID FOR THIS LICENSE. THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY ZOOT SOFTWARE AND ZOOT SOFTWARE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS OR OTHER TERMS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS.

Because some jurisdictions do not allow the exclusion of implied warranties or liability for incidental or consequential damages, the above limitation or exclusion may not apply to you. this warranty gives you specific legal rights and you may also have other rights which may vary depending on your jurisdiction.

7. Governing Law

This License shall be governed by the laws of the United States and the State of New York and shall inure to the benefit of Zoot Software and any successors, administrators, heirs and assigns. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in a state or federal court of competent jurisdiction located in Albany, New York. The parties hereby consent to jurisdiction of said courts.

Zoot 5.0 Copyright (c) 1995-2008. All Rights Reserved.

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