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.
1.
License Grant. Licensor hereby grants to you, and you accept, a
nonexclusive license to use the computer programs in machine-readable, object
code form only, for use only as authorized in this License Agreement. The Software
may be distributed with your own application. For each copy distributed, a
separate license fee is payable, licenses must be purchased in advance (volume
discounts are available). You agree that you will not copy 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.
2.
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.
3.
Term. This License Agreement is effective upon your downloading
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.
4.
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.
5.
Governing Law. This License Agreement shall be construed and
governed in accordance with the laws of the State of Colorado.
6.
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.
7.
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.
8.
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