» version 3.0 - posted on 2003-07-01
EULA - End User License Agreement
ZBit J-Chat Pro
1 Server License
END-USER LICENSE AGREEMENT FOR ZBIT INC. SOFTWARE
IMPORTANT - READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and ZBit Inc. Corporation for the ZBit Inc. software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). The SOFTWARE PRODUCT also includes any updates and supplements to the original SOFTWARE PRODUCT provided to you by ZBit Inc. You agree to be bound by the terms of this EULA by installing, copying, downloading, accessing or otherwise using the SOFTWARE PRODUCT. If you do not agree, do not install or use the SOFTWARE PRODUCT.
Software PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. ZBit Inc. grants you the following rights provided that you comply with all the terms and conditions of this EULA.
> Installation and use. You may install and use one copy of the SOFTWARE PRODUCT on a single computer, including a server, workstation, terminal or other digital electronic device ("COMPUTER"). You may permit an unlimited number of COMPUTERS to connect to the single COMPUTER running the SOFTWARE PRODUCT solely to indirectly access features of the SOFTWARE PRODUCT through software that aggregates the SOFTWARE PRODUCT and not share the file containing SOFTWARE PRODUCT itself.
> Storage/Network Use. You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on your other COMPUTERS over an internal network; however, you must acquire and dedicate a license for each separate COMPUTER on or from which the SOFTWARE PRODUCT is installed, used or run. A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different COMPUTERS.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
> Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
> Separation of Components. The SOFTWARE PRODUCT 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 the SOFTWARE PRODUCT.
(Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of ZBit Inc.
> Support Services. ZBit Inc. may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to ZBit Inc. as part of the Support Services, ZBit Inc. may use such information for its business purposes, including for product support and development. ZBit Inc. will not utilize such technical information in a form that personally identifies you.
> Termination. Without prejudice to any other rights, ZBit Inc. may cancel this EULA if you do not abide by the terms and conditions of this EULA, in which case, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
3. UPGRADES. To use a SOFTWARE PRODUCT identified as an upgrade, you must first be licensed for the product identified by ZBit Inc. as eligible for the upgrade.
4. COPYRIGHT. All title and intellectual property rights in and to the SOFTWARE PRODUCT (including but not limited to any images and text incorporated into the SOFTWARE PRODUCT), and any copies of the SOFTWARE PRODUCT are owned by ZBit Inc. or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by ZBit Inc.
5. EXPORT RESTRICTIONS. You acknowledge that the SOFTWARE PRODUCT is of U.S.-origin. You agree to comply with all applicable international and national laws that apply to these products, including the U.S. Export Administration Regulations, as well as end-user, end-use and country destination restrictions issued by U.S. and other governments.
If you acquired this product in the United States, this EULA is governed by the laws of the State of New York. If this product was acquired outside the United States, then local law may apply.
Should you have any questions concerning this EULA, or if you desire to contact ZBit Inc. for any reason, please contact ZBit Inc. by email: firstname.lastname@example.org, or write: ZBit Inc. Information Center/ZBit Inc. 50 Columbus Ave., Suite 506, Tuckahoe, NY 10707.
LIMITED WARRANTY. ZBit Inc. warrants that the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt.
If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY (90) DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY (90) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
Any supplements or updates to the SOFTWARE PRODUCT, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the ninety (90) day Limited Warranty period are not covered by any warranty or condition, express or implied, or statutory.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by ZBit Inc., YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the SOFTWARE PRODUCT does not meet ZBit Inc.'s Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms "Exclusion of Incidental, Consequential and Certain Other Damages" below are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have others, which vary from state/jurisdiction to state/jurisdiction.
YOUR EXCLUSIVE REMEDY. ZBit Inc.'s and its suppliers' entire liability and your exclusive remedy shall be, at ZBit Inc.'s option from time to time, (a) return of the price paid (if any) for the SOFTWARE PRODUCT, or (b) repair or replacement of, the SOFTWARE PRODUCT that does not meet this Limited Warranty and that is returned to ZBit Inc. with a copy of your receipt. You will receive the remedy elected by ZBit Inc. without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the SOFTWARE PRODUCT to ZBit Inc.). This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States or Canada, neither these remedies nor any product support services offered by ZBit Inc. are available without proof of purchase from an authorized international source. To exercise your remedy, contact: ZBit Inc., Attn. ZBit Inc. Information Center at the address specified above.
DISCLAIMER OF WARRANTIES. The limited warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any documentation or packaging. Except for the limited warranty and to the maximum extent permitted by applicable law, ZBit Inc. and its suppliers provide the SOFTWARE PRODUCT and Support Services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to the SOFTWARE PRODUCT, and the provision of or failure to provide Support Services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE PRODUCT.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. To the maximum extent permitted by applicable law, in no event shall ZBit Inc. or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the SOFTWARE PRODUCT, the provision of or failure to provide Support Services, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of ZBit Inc. or any supplier, and even if ZBit Inc. or any supplier has been advised of the possibility of such damages.
LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of ZBit Inc. and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by ZBit Inc. with respect to any breach of the Limited Warranty) shall be limited to the greater of the amount actually paid by you for the SOFTWARE PRODUCT or U.S.$5.00. The foregoing limitations, exclusions and disclaimers described above shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
50 Columbus Ave., Suite 506
Tuckahoe, NY 10707