PowerZIP++ End-User Enterprise License Agreement
Please read this License Agreement before using PowerZIP++. This is a contract with important legal consequences. You and your organization, as the Licensee, indicate your acceptance of the Terms and Conditions of this Agreement by using or copying PowerZIP++. If you do not agree to the terms of this License Agreement, you are not permitted to use PowerZIP++, and you must immediately delete PowerZIP++ from your computer(s) and/or promptly return the PowerZIP++ media to CD Light, LLC for a refund of the purchase price.
GRANT OF LICENSE
CD Light, LLC grants Licensee the following non-exclusive, world-wide rights with respect to PowerZIP++. Licensee may: (a) use PowerZIP++ in accordance with the terms of this Agreement; (b) make multiple copies of PowerZIP++ for backup or archival purposes; (c) install PowerZIP++ at multiple locations and/or on multiple computers or workstations. PowerZIP++ may be installed on multiple network servers, and may be used simultaneously by an unlimited number of users within Licensee's organization.
Licensee may NOT: (a) use or copy PowerZIP++ except as provided in this Agreement; (b) transfer, rent, lease, lend, copy, modify, translate, sublicense, timeshare, or electronically transmit PowerZIP++ or any derivatives thereof to any third party; (c) modify, adapt, or translate PowerZIP++ in whole or in part, except as provided in this Agreement; or (d) incorporate PowerZIP++ into another product for commercial or non-profit distribution.
Permission to distribute PowerZIP++, in whole or in part, or as part of a derivative work, outside of Licensee's organization, is not granted by this Agreement, and is specifically prohibited.
The term of this Agreement shall be perpetual from the date of the invoice for PowerZIP++ issued to Licensee by CD Light, LLC.
This Agreement entitles Licensee to use the one version ("Current Version") of PowerZIP++ which is available from CD Light, LLC on the date of the invoice issued to Licensee by CD Light, LLC. However, if Licensee has paid for a quarterly subscription for PowerZIP++, Licensee is entitled to receive the Current Version, plus the next three (3) quarterly version updates of PowerZIP++. If Licensee has paid for a monthly subscription for PowerZIP++, Licensee is entitled to receive the Current Version, plus the next eleven (11) monthly version updates of PowerZIP++. All provisions of this Agreement apply to all versions of PowerZIP++ delivered to Licensee by CD Light, LLC, and remain in effect after all version updates have been delivered to Licensee by CD Light, LLC.
OWNERSHIP & COPYRIGHT
Title, ownership rights and intellectual property rights in and to PowerZIP++ and all copies thereof shall remain in CD Light, LLC and/or its licensors. PowerZIP++ is copyrighted and protected by United States copyright laws and international treaty provisions. Licensee agrees: (a) not to remove any copyright notice from PowerZIP++; (b) to reproduce all such notices on any authorized copies Licensee makes; and (c) to use best efforts to prevent any unauthorized copying of PowerZIP++.
For a period of thirty (30) days from the date of the PowerZIP++ invoice issued to Licensee by CD Light, LLC, CD Light, LLC warrants that: (a) the media (if any) on which PowerZIP++ is distributed will be free from defects in material and workmanship under normal use; and (b) the database conforms substantially to the accompanying Documentation. Specifically, CD Light, LLC makes no representation or warranty that the PowerZIP++ program, data, or the accompanying documentation are "error-free", or meet Licensee's particular standards, requirements, or needs. In all events, any implied warranty, representation, condition, or other term is limited to the physical media (if any) and documentation, and is limited to the 30-day duration of the limited warranty. If CD Light, LLC receives notification within the warranty period of defects in materials or workmanship, and determines that such notification is correct, CD Light, LLC will replace the defective media or documentation.
NO OTHER WARRANTIES
CD LIGHT SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, REPRESENTATIONS, OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL OTHER IMPLIED TERMS ARE EXCLUDED.
LIMITATION OF LIABILITY
The entire and exclusive liability and remedy for breach of the limited warranty shall be limited to replacement of defective media or documentation and shall not include or extend to any claim for or right to recover any other damages, including but not limited to, loss of profit, data, or use of the software or special, incidental or consequential damages, or other similar claims, even if CD Light, LLC has been specifically advised of the possibility of such damages. In no event will CD Light, LLC's liability for any damages to Licensee or any third party ever exceed the original purchase price paid for the package or the license to use the software, regardless of the form of the claim.
Licensee may terminate this Agreement at any time. CD Light, LLC will immediately terminate this Agreement and Licensee's right to use PowerZIP++ without written notice upon Licensee's failure to comply with any provision of this Agreement. If this Agreement is terminated for any reason, Licensee will: (a) cease all use of PowerZIP++; and (b) delete PowerZIP++ and all copies from all computers on which it is resident.
This Agreement represents the complete agreement between the parties relating to this license for PowerZIP++ and supersedes all prior agreements, communications, proposals, and representations between the parties and prevails over any conflicting or additional terms of any quote, order, acknowledgment or similar communication. This Agreement may only be modified by a license addendum which accompanies this license or by a written document signed by both parties.
GOVERNMENT RESTRICTED RIGHTS
PowerZIP++ is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subpara-graph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights clause at 48 CFR 52.227-19, as applicable. Manufacturer is CD Light, LLC, 230 N Tranquil Path Dr, The Woodlands, TX 77380-2758.
This Agreement is governed and interpreted in accordance with the laws of the State of Texas, USA, except for that body of law dealing with conflicts of law. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement will remain in full force and effect.
If Licensee has any questions concerning this Agreement, please send email to firstname.lastname@example.org or write to CD Light, LLC, 230 N Tranquil Path Dr, The Woodlands, TX 77380-2758, USA.
Copyright © 2018 CD Light, LLC