PLEASE REVIEW THIS LICENSE AGREEMENT BEFORE RUNNING INSTALLANYWHERE.
Zero G Software Inc. - InstallAnywhere License Agreement
The software is subject to the terms and conditions detailed in the following license agreement (the "Agreement").
NOTICE: ZERO G SOFTWARE LICENSES THE ENCLOSED SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THEN ZERO G SOFTWARE IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, IN WHICH CASE YOU SHOULD NOT DOWNLOAD THE SOFTWARE, NOT USE THE SOFTWARE AND REMOVE THE SOFTWARE FROM YOUR SYSTEM. BY DOWNLOADING THIS SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT.
LICENSE:
The software which accompanies this license (the "Software") is the property of Zero G Software or its licensors and is protected by copyright law. While Zero G Software continues to own the Software, you will have certain limited rights to use the Software after your acceptance of this license. Your rights and obligations with respect to the use of this Software are as follows:
You may:
You may not:
For exceptions or modifications to this Agreement, please contact Zero G Software.
Patent and Copyright Indemnity: Zero G Software will defend and indemnify you for all costs (including reasonable attorneys fees) arising from a claim that Software furnished and used within the scope of this Agreement infringes a U.S. copyright or U.S. patent provided that (i) you notify Zero G Software in writing within 30 days of the claim, (ii) Zero G Software has sole control of the defense and all related settlement negotiations, and (iii) you provide Zero G Software with the assistance, information, and authority necessary to perform the above.
Zero G Software will have no liability for any claim of infringement based on (i) code contained within the Software which was not created by Zero G Software (ii) use of a superseded or altered release of the Software, except for such alteration(s) or modification(s) which have been made by Zero G Software or under Zero G Software's direction, if such infringement would have been avoided by the use of a current, unaltered release of the Software that Zero G Software provides to you, or (iii) the combination, operation, or use of any Software furnished under this Agreement with programs or data not furnished by Zero G Software if such infringement would have been avoided by the use of the Software without such programs or data.
In the event the Software is held or believed by Zero G Software to infringe, or your use of the Software is enjoined, Zero G Software will have the option, at its expense, to (a) modify the Software to cause it to become noninfringing, (b) obtain for you a license to continue using the Software, (c) substitute the Software with other software reasonably suitable to you, or (d) if none of the foregoing remedies are commercially feasible, terminate the license for the infringing Software and refund any license fees paid for the Software, prorated over a five-year term from the effective date of the Agreement. This Section states Zero G Software's entire liability for infringement.
Warranty Disclaimer:
ZERO G SOFTWARE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THIS SOFTWARE FOR ANY PURPOSE. EXCEPT AS OTHERWISE SET FORTH HEREIN, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. ZERO G SOFTWARE SHALL NOT BE LIABLE UNDER ANY THEORY OR ANY DAMAGES SUFFERED BY YOU OR ANY USER OF THE SOFTWARE.
Disclaimer of Damages:
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL ZERO G SOFTWARE BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF ZERO G SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Compliance With Applicable Law:
You agree to abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws. You acknowledge that the Software in source code form remains a confidential trade secret of Zero G Software and/or its suppliers and therefore you agree not to modify the Software or attempt to decipher, decompile, disassemble or reverse engineer the Software, except to the extent applicable laws specifically prohibit such restriction.
U.S. Government Restricted Rights:
RESTRICTED RIGHTS LEGEND. This Software is provided with Restricted Rights. Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (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, and successor thereof, as applicable. Manufacturer is Zero G Software Inc., 118 King Street #415, San Francisco, CA 94107.
Ownership:
This license is not a sale. Title and copyrights to the Software, in whole and in part and all copies thereof, and all modifications, enhancements, derivatives and other alterations of the Software regardless of who made any modifications, if any, are, and will remain, the sole and exclusive property of Zero G Software. Unauthorized copying of the Software or the accompanying documentation, or failure to comply with the above restrictions, will result in automatic termination of this Agreement and the underlying license grant and will make available to Zero G Software other legal remedies.
Termination:
Zero G Software may terminate the right to use the Software upon notice to you (which may be delivered electronically by the same means as this Software is distributed), and you may terminate this Agreement at any time by destroying or erasing your copy of the Software. This Agreement automatically terminates if you fail to comply with its terms and conditions. Upon the termination of this Agreement, you must discontinue all use of the Software and remove the Software from your system. Zero G Software reserves the right at any time to cease the support of the Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software.
Marketing:
You agree to be identified as a customer of Zero G Software and you agree that Zero G Software may refer to you by name, trade name and trademark, if applicable, and may briefly describe your business in Zero G Software's marketing materials and web site. You hereby grant Zero G Software a license to use your name and any of your trade names and trademarks solely in connection with the rights granted to Zero G Software pursuant to this marketing section.
General:
This Agreement will be governed by the laws of the State of California, without reference to conflict of laws principles. This Agreement is the entire agreement between us and supersedes any other communications or advertising with respect to the Software and accompanying documentation. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. If you have any questions, please contact Zero G Software Inc. in writing at: 118 King Street #415, San Francisco, CA 94107. This Agreement may only be modified by written document which has been signed by both you and Zero G Software.