 |
| Zone4 Product Licence Agreement |
END USER LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY: THIS IS A LEGAL AGREEMENT BETWEEN YOU AND Zone4
INSTALLING, USE OR COPYING OF THE SOFTWARE BY YOU OR BY A THIRD PARTY ON YOUR BEHALF INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. If you do not agree to these terms and conditions, delete and uninstall Zone4 immediately.
DEFINITIONS. "software" shall mean the Zone4 Race Timing Software package including all files downloaded within the system, the computer software package in object code form, on any medium, as provided to you by or on behalf of Zone4, and any related materials or documentation. "supported platform" shall mean Miscrosoft Windows Operating System version 95, 98, NT, ME, 2000, XP.
GRANT. If you have purchased a Licence from Zone4 then Zone4 hereby grants to you a non-exclusive license to use the Software for your Club on the following terms:
You may: (a) install, use, and allow access to the software on Club or Club member computers only. You may install the software on as many computers as required for your club. Zone4 reserves the right to change this definition at any time and reserves the right to specify the number of computers specifically. You are allowed to use the software at whichever venue you are holding events. You CANNOT install the software onto other club / organization computers or lend computers out for other organizations to use the software at a different location. The club purchases the licence and can use it for their events only. You cannot use the software for Event Timing Services defined as you offering your timing services for a fee to event / race organizers. You can distribute the Online Help (Zone4.chm) within your club for training purposes.
If you are installing the software in order to evaluate it before purchasing, you agree to use it for only a period of one month from the time of installation. Also, you agree to uninstall the program should you decide not to purchase the full club license. If you are provided with any upgrades or new versions of the Software, you shall promptly replace, cease using and destroy all superseded copies.
You may not: (a) modify, translate, reverse-engineer, decompile, disassemble, derive source code, create derivative works based on, or copy the Software (except as stated above), the accompanying documentation; (b) rent, transfer, distribute or grant any rights in the Software in any form; (c) use the Software for any purpose other than to manage and time races; (e) remove any proprietary notices, labels or marks in or on the Software; (f) transfer the Software to any platform other than the Supported Platform; (h) use, copy, modify or transfer the Software, or any copy thereof, in whole or in part, except as expressly stated herein;
ASSIGNMENT: You may not transfer this Agreement or any rights granted hereunder without the advance written consent of Zone4; provided, however, that such consent shall not be required if you assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of your assets, in which case such assignment shall become effective upon Zone4’s receipt of your written notice.
COPYRIGHT: Title and copyrights in and to the Software and any copies thereof are owned by and remain with Zone4. The Software is protected by Canadian copyright laws, other intellectual property laws, and international treaties.
TERM: Unauthorized use or copying of the software or otherwise failing to comply with the terms and conditions of this Agreement will result in automatic termination of this license and may entitle Zone4 or its suppliers to other legal remedies. Upon termination of this Agreement for any reason whatsoever: (i) you must immediately cease using the Software, (ii) all of the rights granted to you hereunder shall immediately cease, and (iii) you must promptly destroy and erase all copies (including backup copies) of the Software.
NON-DISCLOSURE: The Software, its user interface, documentation, any Zone4 training materials relating to the Software by or on behalf of Zone4 are proprietary and confidential information of Zone. You agree, unless otherwise required by law, not to make such information available in any form to any third party (except other Club Members) or to use such information for any purpose other than in the performance of this Agreement and to take all reasonable steps to ensure that such information is not disclosed or distributed by your club members in breach of this Agreement. You agree to use the documentation solely in accordance this agreement. You shall not disclose the results of any benchmarks or other performance tests of the Software to any third party. Notwithstanding anything to the contrary, you agree that Zone4 retains the right to use, without right of accounting, any generalized knowledge, experience and know-how (including ideas, concepts, techniques, methodologies, practices and processes) it may acquire in the course of performing Services under this Agreement or any Statement of Work and incidentally retained in intangible form.
PAYMENT. All sums due hereunder shall be payable within thirty (30) days of receipt of an accurate invoice.
LIMITED WARRANTIES AND DISCLAIMERS
Limited Software Warranty. The Software is provided "AS IS."
You agree to Zone4 cannot be held responsible or liable in any way for the use or misuse of the program. The software has been tested continuously for years, and has been used successfully at many major events. That being said, problems can occur. It is the owner’s responsibility to ensure that the computer the software is installed on is in stable working order, the program is in good working order, and that the individuals using it are well training and competent using the program.
LIMITATION OF LIABILITY. IN NO EVENT SHALL Zone4 BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, DATA OR USE, INCURRED BY EITHER PARTY OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE LIABILITY OF Zone4 FOR DAMAGES ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU FOR THE LICENSE OF THE SOFTWARE.
GENERAL. This Agreement shall be governed by and construed its rules governing with the laws of Canada, excluding its rules governing conflict of laws. This Agreement may not be modified or amended except in writing signed by a duly authorized representative of each party. The rights granted herein are non-exclusive and non-transferable. The rights granted to you herein do not constitute a sale. Zone4 reserves all rights not expressly granted to you herein. This Agreement constitutes the complete and entire agreement between the parties, whether written or oral, relating to the same subject matter. Should you have any questions relating to this Agreement, please contact in writing:
Zone4,
949B Lawrence Grassi Ridge
Canmore, AB
T1W 2Z5.
Zone4, and the Zone4 logo are registered trademarks or trademarks of Zone4. All rights reserved.
|
|
 |
