xplorer2 distribution permissions and end-user license agreement
LICENSE AGREEMENT: TERMS AND CONDITIONS OF USE
IMPORTANT NOTICE. THIS LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN
YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND ZABARAKATRANEMIA OR
ANY SUBSIDIARY, AND ITS SUPPLIERS ("ZABKAT"). BY INSTALLING OR USING
THIS SOFTWARE IN ANY WAY YOU ACKNOWLEDGE THAT YOU HAVE READ,
UNDERSTAND AND AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT
AGREE TO THESE TERMS, DO NOT INSTALL OR USE THIS SOFTWARE IN ANY WAY
AND PROMPTLY RETURN THE SOFTWARE AND ALL ACCOMPANYING MATERIALS TO
YOUR PLACE OF PURCHASE.
LICENSE GRANT. ZABKAT grants you a non-exclusive license to use this
software, and any associated documentation ("Software") as indicated
herein. If you have purchased a Single User License, you may install
and use one copy of the Software EITHER on any computer you have
exclusive access to, OR to a single computer accessible by many users.
The Software is in "use" on a computer when it has been loaded into
temporary memory (i.e. RAM) or installed into permanent memory (e.g.
hard disk or other storage device) of that computer. For multi-user
multi-computer use you must purchase a Multiple User License that
enables you to install and use the Software on the number of
computers authorized at the time of purchase.
OTHER RESTRICTIONS. You shall not: (a) remove any product
identification, copyright notices, or other notices or proprietary
restrictions from this Software; (b) sell, lease, rent, transfer, copy
or distribute this Software; (c) cause or permit reverse engineering,
disassembly, decompilation or alteration of this Software except and
only to the extent that such activity is expressly permitted by
applicable law notwithstanding this limitation.
COPYRIGHT/OWNERSHIP. This Software is licensed and not sold. This
Software and its source code are proprietary products of ZABKAT and
are protected by copyright and other intellectual property laws. You
acquire only the right to use the Software and do not acquire any
rights, express or implied, in the Software or media containing the
Software other than those specified in this License. ZABKAT shall at
all times retain all rights, title, interest, including intellectual
property rights, in the Software and media.
TERM. This License is effective until terminated. You may terminate
it at any time by destroying the Software, together with all copies
thereof. This license will also terminate if you fail to comply with
any term or condition of this Agreement. Upon such termination, you
agree to destroy the Software, together with all copies thereof.
TRADEMARKS. ZABKAT, and other names of ZABKAT and ZABKAT products
referred to herein are trademarks or registered trademarks of ZABKAT
in the United Kingdom and other countries. All other brands and
product names are trademarks of their respective holders.
DISCLAIMER OF WARRANTIES. THIS SOFTWARE IS DISTRIBUTED 'AS IS' AND
YOU, ITS USER, ASSUME ALL RISKS WHEN INSTALLING OR USING IT. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZABKAT DISCLAIMS ALL
WARRANTIES EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE.
ZABKAT DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. ZABKAT DOES NOT WARRANT THAT THE SOFTWARE IS
NON-INFRINGING, THAT IT WILL MEET YOUR REQUIREMENTS OR THAT ITS
OPERATION WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE.
LIMITATION OF LIABILITY. IN NO EVENT SHALL ZABKAT BE LIABLE FOR ANY
DAMAGES OF ANY KIND INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (WHICH SHALL INCLUDE WITHOUT LIMITATION, DAMAGES
FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, LOSS OF
BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) WHETHER BASED ON
CONTRACT, TORT OR OTHER LEGAL THEORY, ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SOFTWARE, EVEN IF ZABKAT HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
MISCELLANEOUS. In the event of invalidity of any provision of this
Agreement, the parties agree that such invalidity shall not affect the
validity of the remaining portions. The Agreement is governed by the
laws of United Kingdom. The United Nations Convention on Contracts for
the International Sale of Goods is specifically disclaimed. This is
the entire agreement between you and ZABKAT, which supersedes any
prior agreement, whether written or oral, relating to this subject