Terms & Conditions
User Software License Agreement
1. Grant of License.
This License Agreement permits you to use one copy of the software program(s) included in this package (the “SOFTWARE”) on a single device. The SOFTWARE is in “use” on a device when it is loaded into temporary memory (e.g. RAM) or installed into permanent memory (e.g., hard disk or other storage device) of that device. However, installation on a network server for the sole purpose of internal distribution shall not constitute “use” for which a separate license is required, provided you have a separate license for each device or per user to which the SOFTWARE is distributed. If the SOFTWARE is not accompanied by a new device, you may not use or copy the SOFTWARE. The term “device” includes but not limits, all computers, smartphones and/or tablets and all other end-points.
The SOFTWARE (including any images, “applets”, photographs, animations, video, audio, music and text incorporated into the SOFTWARE) is owned by ZINIER or it licensors and is protected by copyright and/or patent laws and international treaty provisions and all other applicable national laws. All rights are reserved. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g., a book or musical recording) except that if the SOFTWARE is not copy protected you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the user documentation accompanying the SOFTWARE.
3. Software Media.
You may receive the SOFTWARE in a storage device (e.g. USB, web link), or installed on the hard disk drive of your device, or in multiple forms of media. Regardless of the number or type(s) of media you receive, you may use only the media appropriate for your single device. You may not use the other media on another device or load, rent, lease, or transfer them to another user except as part of the permanent transfer (as provided below) of all SOFTWARE and user documentation.
4. Other Restrictions.
You may not rent or lease the SOFTWARE, but you may transfer the SOFTWARE on a permanent basis provided you retain no copies and the recipient agrees to the terms of this Agreement. If the SOFTWARE is an update or has been updated, any transfer must include the most recent update and all prior versions. To the maximum extent permitted by applicable law, you may not reverse engineer, decompile, or disassemble the SOFTWARE.
5. Government Restricted Rights.
The SOFTWARE is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure might be subject to restrictions enforced by local Governments.
The trademarks contained in the SOFTWARE are owned by their respective owners. No right, license, or interest to such trademark is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to such trademarks.
For product support, please refer to ZINIER’s support number provided in the documentation for the SOFTWARE. Should you have any questions concerning this Agreement, or if you desire to contact ZINIER for any other reason, please refer to the address provided in the documentation.
8. Limited Warranty.
THE SOFTWARE IS DISTRIBUTED AND LICENSED “AS IS”, WITH NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. ZINIER WARRANTS THAT THE MEDIA CONTAINING THE SOFTWARE IS FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP FOR A PERIOD OF THIRTY (30) DAYS AFTER RECEIPT BY YOU. ANY HARDWARE ACCOMPANYING THE SOFTWARE SHALL BE WARRANTED PURSUANT TO ZINIER’S THEN-CURRENT HARDWARE LIMITED WARRANTY. SOME STATES/JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. DUE TO THE COMPLEX NATURE OF THE SOFTWARE, ZINIER AND ITS LICENSORS DO NOT WARRANT THAT THE SOFTWARE IS COMPLETLY ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION, OR IS COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS. YOU EXPRESSLY ASSUME ALL RISK FOR USE OF THE PROGRAM. CUSTOMER REMEDIES. ZINIER’s and its licensors’ entire liability and your exclusive remedy shall be, at ZINIER’s option, either (a) return of the actual price paid by you for the SOFTWARE, or (b) repair or replacement of the media that does not meet this Limited Warranty, and which is returned to ZINIER with a copy of your receipt. This Limited Warranty is void if failure has resulted from accident, abuse, misuse or misapplication. Any replacement media will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
9. No Other Warranties.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZINIER AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE. IMPLIED WARRANTIES, IF ANY, ON THE SOFTWARE ARE LIMITED TO THIRTY (30) DAYS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
10. No Liability For Consequential Damages.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZINIER OR ITS LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, RELIANCE, INCIDENTAL, SPECIAL, DIRECT OR INDIRECT DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, PERSONAL INJURY, OR ANY OTHER LOSS WHETHER FOR CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS PRODUCT, EVEN IF ZINIER OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, ZINIER’S AND ITS LICENSORS’ ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
11. Governing Law and Severability.
This Software License Agreement and Limited Warranty are governed by the laws of California. In the event that any of the provisions of this Agreement or the application of any such provisions to the parties hereto with respect to their obligations hereunder shall be held by a court of competent jurisdiction to be unlawful or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect, and shall not be affected, impaired, or invalidated in any manner.