This Xtreme Soft End-User License Agreement
("EULA") is a legal agreement between you (either an individual or a
single entity) and Xtreme Soft srl 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 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 "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 Xtreme Soft Sales
at zipzag(at)zipzag(dot)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. Xtreme
Soft may provide you with support services related to ZipZag ("Support
Services"). Use of Support Services is governed by the Xtreme Soft
policies and programs described in the user manual, in online
documentation, and/or in other Xtreme Soft-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 Xtreme Soft as part of the Support Services, Xtreme Soft may
use such information for its business purposes, including for product
support and development. Xtreme Soft 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, Xtreme Soft 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 Xtreme Soft 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
Xtreme Soft 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 Xtreme Soft for any reason, please contact us at zipzag(at)zipzag(dot)com.
Limited Warranty
Limited Warranty. Xtreme Soft 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 Xtreme
Soft shall be substantially as described in applicable written
materials provided to you by Xtreme Soft, and Xtreme Soft 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. Xtreme Soft's and its
suppliers' entire liability and your exclusive remedy shall be, at
Xtreme Soft's option, either (a) return of the price paid, if any, or
(b) repair or replacement of ZipZag that does not meet Xtreme Soft's
Limited Warranty and which is returned to Xtreme Soft 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"). Xtreme Soft 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, XTREME SOFT 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 XTREME SOFT 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 XTREME SOFT HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, XTREME SOFT'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.
Feel free to contact us
at
anytime regarding this EULA.
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