This is a legal contract between you and Zero-One Inc. If you don't agree with it, please don't install the product.
ZERO-ONE LIVE PEN FOR WINDOWS
END-USER LICENSE AGREEMENT FOR LIVE PEN
PERMITTED NUMBER OF COMPUTERS: 1 (ONE) IF REGISTERED, UNLIMITED IF USED IN BETA OR TRIAL MODE.
NOTICE TO USER: PLEASE READ THIS ALL CONTRACT CAREFULLY. BY USING, COPYING OR DISTRIBUTING ALL OF THE ZERO-ONE SOFTWARE ("SOFTWARE") YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE.
Zero-One permits you to Use the Software only in accordance with the terms of this Agreement.
1. DEFINITIONS. "Software" means (1) all of the contents of the files (provided by electronic download), or other media with which this Agreement is provided, including but not limited to related explanatory written materials or files ("Documentation"); and (2) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by Zero-One (union as "Updates"). "Using" means to access, install, download, copy, or otherwise benefit from using the functionality of the Software in accordance with the Documentation. "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. "Zero-One" means Zero-One Incorporated, a software corporation. Zero-One own all intellectual property in the Software.
2. SOFTWARE LICENSE. If you obtained the Software from Zero-One to your compliance with the terms of this agreement (this "Agreement"), including the restrictions in Section 3, Zero-One grants to you a non-exclusive license to use the Software for the purposes described in the Documentation as follows.
2.1 GENERAL USE. You may install and Use a copy of the Software on your compatible Computer, up to the Permitted Number of computers. The Software may not be shared, installed or used concurrently on different computers.
2.2 NO MODIFICATION. You may not modify, adapt, translate or create derivative works based upon the Software. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested Zero-One to provide the information necessary to achieve such operability and Zero-One has not made such information available. Zero-One has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any such information supplied by Zero-One and any information obtained by you by such permitted decompilation may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software. Requests for information should be sent to the Zero-One Customer Support Service.
3. RESTRICTIONS. You shall not copy the Software except as set forth in Section 2. Any copy of the Software that you make must contain the same copyright and other proprietary notices that appear on or in the Software.
4. TRIAL VERSION. Until you purchase a license key from Zero-One, the Software will work in trial mode, during a limited trial term. You may not use the Software after the end of the trial term. You may not circumvent, or try to circumvent, any technical measures implemented for this limitation.
5. TRANSFER. You may not rent, lease, sublicense, assign or transfer your rights in the Software, or authorize all or any portion of the Software to be copied onto another user's Computer except as may be expressly permitted herein. You may, however, transfer all your rights to Use the Software to another person or legal entity provided that: (1) you also transfer (a) this Agreement, and (b) the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, Updates and prior versions, to such person or entity, (2) you retain no copies, including backups and copies stored on a Computer, and (3) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license to the Software. Notwithstanding the foregoing, you may not transfer education, pre-release, or not for resale copies of the Software.
6. INTELLECTUAL PROPERTY OWNERSHIP AND COPYRIGHT PROTECTION. The Software and any authorized copies that you make are the intellectual property of and are owned by Zero-One and its suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Zero-One and its suppliers. The Software is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by Zero-One and its suppliers.
7. UPDATES. If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version in order to Use such Update. All Updates are provided to you on a license exchange basis. You agree that by Using an Update you voluntarily terminate your right to use any previous version of the Software. As an exception, you may continue to Use previous versions of the Software on your Computer after you Use the Update but only to assist you in the transition to the Update, provided that: (1) the Update and the previous versions are installed on the same computer; (2) the previous versions or copies thereof are not transferred to another party or Computer unless all copies of the Update are also transferred to such party or Computer; and (3) you acknowledge that any obligation Zero-One may have to support the previous versions of the Software may be ended upon availability of the Update.
8. NO WARRANTY. The Software is being delivered to you "AS IS" and Zero-One makes no warranty as to its use or performance. Zero-One and its suppliers do not and cannot warrant the performance or results you may obtain by using the software. Except for any warranty, condition, representation or term to the extent to which the same cannot or may not be excluded or limited by law applicable to you in your jurisdiction, Zero-One and its suppliers make no warranties conditions, representations, or terms (express or implied whether by statute, common law, custom, usage or otherwise) as to any matter, including without limitation noninfringement or third party rights, merchantability, integration, satisfactory quality, or fitness for any particular purpose. The provisions of Section 8 and Section 9 shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to Use the Software after termination of this Agreement.
9. LIMITATION OF LIABILITY. In no event will Zero-One be liable to you for any damages, claims or costs whatsoever or any consequential, indirect, incidental damages or any lost profits or lost savings, even if an Zero-One representative has been advised of the possibility of such loss, damages, claims or costs or for any claim by any third party. Zero-One’s aggregate liability and that of its suppliers under or in connection with this agreement shall be limited to the amount paid for the software, if any. Nothing contained in this Agreement limits Zero-One’s liability to you in the event of death or personal injury resulting from Zero-One’s negligence or for the tort of deceit (fraud). Zero-One is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. For further information contact Zero-One Customer Support Department.
10. GENERAL PROVISIONS. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of Zero-One. Updates may be licensed to you by Zero-One with additional or different terms. This is the entire agreement between Zero-One and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.
11. NOTICE TO U.S. GOVERNMENT END USERS. The Software and Documentation are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
12. COMPLIANCE WITH LICENSES. If you are a business or organization, you agree that upon request from Zero-One or Zero-One’s authorized representative, you will within thirty (30) days fully document and certify that use of any and all Software at the time of the request is in conformity with your valid licenses from Zero-One.
12. BETA ADDITIONAL TERMS. Zero-One does not and cannot warrant that the software is free from bugs, errors and omissions. Zero-One makes no warranties, expressed or implied, including warranties or merchantability and fitness for a particular purpose. The entire risk as to the results and performance of the software is assumed by you.
Zero-One will in no event be liable to you for any consequential or indirect damages, including any lost data, lost profits, or lost savings, arising out of the use or inability to use the software, even if a Zero-One representative has been advised of the possibility of such damages, or for any claim by any third party.
If the product you have received with this license is pre-commercial release or beta Software ("Pre-release Software"), then the following Section applies. To the extent that any provision in this Section is in conflict with any other term or condition in this Agreement, this Section shall supercede such other term(s) and condition(s) with respect to the Pre-release Software, but only to the extent necessary to resolve the conflict. You acknowledge that the Software is a pre-release version, does not represent final product from Zero-One, and may contain bugs, errors and other problems that could cause system or other failures and data loss. Consequently, the Pre-release Software is provided to you "AS-IS", and Zero-One disclaims any warranty or liability obligations to you of any kind. WHERE LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT IT MAY BE LIMITED, ZERO-ONE’S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF FOURTY DOLLARS (U.S. $40) IN TOTAL. You acknowledge that Zero-One has not promised or guaranteed to you that Pre-release Software will be announced or made available to anyone in the future, Zero-One has no express or implied obligation to you to announce or introduce the Pre-release Software and that Zero-One may not introduce a product similar to or compatible with the Pre-release Software. Accordingly, you acknowledge that any research or development that you perform regarding the Pre-release Software or any product associated with the Pre-release Software is done entirely at your own risk. During the term of this Agreement, if requested by Zero-One, you will provide feedback to Zero-One regarding testing and use of the Pre-release Software, including error or bug reports. If you have been provided the Pre-release Software pursuant to a separate written agreement, such as the Zero-One Serial Agreement for Unreleased Products, your use of the Software is also governed by such agreement. You agree that you may not and certify that you will not sublicense, lease, loan, rent, assign or transfer the Pre-release Software. Upon receipt of a later unreleased version of the Pre-release Software or release by Zero-One of a publicly released commercial version of the Software, whether as a stand-alone product or as part of a larger product, you agree to return or destroy all earlier Pre-release Software received from Zero-One and to abide by the terms of the license agreement for any such later versions of the Pre-release Software. Notwithstanding anything in this Section to the contrary, if you are located outside the United States of America, you agree that you will return or destroy all unreleased versions of the Pre-release Software within thirty (30) days of the completion of your testing of the Software when such date is earlier than the date for Zero-One’s first commercial shipment of the publicly released (commercial) Software.
If you have any questions regarding this Agreement, or if you wish to request any information from Zero-One Inc. - please use the contacts at www.01-lab.com.
Zero-One and Live Pen are registered trademarks or trademarks of Zero-One Incorporated in the United States and/or other countries.
Alll intellectual property in this product belongs to Zero-One Inc. The software is licensed, not sold.
