READ THE TERMS AND CONDITIONS
OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THE ZEECUBE PARPORT 2000
COMPUTER SOFTWARE (THE "SOFTWARE"). THE SOFTWARE IS
COPYRIGHTED AND LICENSED (NOT SOLD). BY USING THE SOFTWARE, YOU ARE
ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT
WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, YOU SHOULD UNINSTALL
AND DELETE THE SOFTWARE PACKAGE. THIS LICENSE AGREEMENT REPRESENTS THE
ENTIRE AGREEMENT CONCERNING THE SOFTWARE BETWEEN YOU AND
ZEECUBE SOFTWARE. (REFERRED TO AS
"LICENSOR"), AND IT
SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE
PARTIES.
- License
Grant. Licensor hereby grants to you, and you accept, a
nonexclusive license to integrate the Software
into your own software product for development purposes or for use only as
authorized in this License Agreement. The Software may be used on up to five computers owned, leased or
otherwise controlled by you for development/demonstration purposes only.
This license strictly forbids distribution of the Software or any development files with your application.
Distribution of the Software with
your application requires separate authorization and the payment of license
fees. You agree that you will not make more than five copies the Software
or assign, sublicense, transfer, pledge, lease, rent, or share your rights
under this License Agreement. You agree that you may not reverse assemble,
reverse compile, or otherwise translate the Software.
- Licensor's
Rights. You acknowledge and agree that the Software is proprietary to Licensor and protected under U.S. copyright law. You further
acknowledge and agree that all right, title, and interests in and to the Software,
including associated intellectual property rights, are and shall remain with
Licensor. The License Agreement does not convey to you an interest in or to
the Software, but only a limited
right of use revocable in accordance with the terms of this License
Agreement.
- Term.
This License Agreement is effective upon your installing the Software
and shall terminate only if the terms of this agreement are broken. You
agree to destroy the Software
upon termination of this License Agreement.
- No
Warranty; Limitation of Liability. YOU ACKNOWLEDGE
THAT THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTY OF ANY KIND. LICENSOR
MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR PERFORMANCE OF
THE SOFTWARE. LICENSOR
EXPRESSLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. LICENSOR
SHALL HAVE NO LIABILITY TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OR
DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, BY THE SOFTWARE, INCLUDING,
BUT NOT LIMITED TO, ANY INTERRUPTION OF SERVICES, LOSS OF BUSINESS, LOSS OF
DATA OR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES.
- Governing
Law. This
License Agreement shall be construed and governed in accordance with the
laws of the State of Colorado.
- Costs
of Litigation. If any action is brought by either party to
this License Agreement against the other party regarding the subject matter
hereof, the prevailing party shall be entitled to recover, in addition to
any other relief granted, reasonable attorney fees and expenses of
litigation.
- Severability.
Should any court of competent jurisdiction declare any term of this License
Agreement void or unenforceable, such declaration will have no effect on the
remaining terms hereof.
- No
Waiver. The failure of either party to enforce any
rights granted hereunder or to take action against the other party in the
event of any breach hereunder shall not be deemed a waiver by that party as
to subsequent enforcement of rights or subsequent actions in the event of
future breaches