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END-USER LICENSE AGREEMENT FOR ZEN LIGHT SOFTWARE
IMPORTANT! THIS AFFECTS YOUR LEGAL RIGHTS –
READ THIS CAREFULLY:
This license agreement ("License") is a legal agreement between you (either an individual or a single entity) and Zen Dog Software, LLC ("Zen Dog"). BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL, COPY OR USE THE SOFTWARE, YOU MAY RETURN IT TO THE PLACE FROM WHICH YOU OBTAINED IT FOR A FULL REFUND.
LICENSOR: Zen Dog Software, LLC ("Zen Dog")
Software: Zen Light, together with any updates or similar downloads, associated media and printed materials, including any online or electronic documentation (the "Software").
The Software is the property of Zen Dog or its suppliers and is protected by United States Copyright Law and International treaty and copyright provisions. Your rights and obligations with respect to the use of this Software are as follows:
1. GRANT OF LICENSE. Zen Dog grants to you, and you accept by clicking the acceptance button, a non-exclusive license to use the Software on the following terms.
• Installation and use. You may install and use one copy of the Software on a single computer. The primary user of the computer on which the Software is installed may make a second copy for his or her exclusive use on a home or portable computer.
• Data files license. The Software may include data files. You may copy and modify the data files available as part of the Zen Light software that accompanies this License, and distribute such data files along with your modifications for use by other licensees of the Software, but only for personal use. You are not licensed to sell, resell, license, rent, lease, lend, or otherwise transfer for value, the data files, unless Zen Dog grants you written permission. Zen Dog reserves all rights concerning the data files, including but not limited to, modify, repackage, distribute and sell the files.
• Storage/Network and Multi-User License. You may also store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software on your other computers over an internal network. However, you must acquire and dedicate a license for each separate computer on which the Software is installed or run from the storage device. A license for the Software may not be shared or used concurrently on different computers. If you have acquired a multi-user or site license for the Software, you may make the number of additional copies of the computer software portion of the Software authorized in your license agreement with Zen Dog, and you may use each copy in the manner specified above. You are also entitled to make a corresponding number of secondary copies for home or portable computer use as specified above.
• Restrictions. You may not use, copy, modify, or transfer copies of the Software except as provided for in this License. You also may not permit concurrent use of the Software; remove any proprietary notices or labels from the Software; reverse engineer, decompile, disassemble or make derivative works based on the Software (except and only to the extent that such activity is otherwise expressly permitted by applicable law); or rent, lease, sublicense or assign the Software or any copy of it, including any related documentation.
• Separation of Components. The Software is licensed as a single product. Its component parts may not be separated for use on more than one computer, or the components used or transferred in any manner.
• Software Transfer. You may permanently transfer all of your rights under this License, provided you retain no copies, you transfer all of the Software (including all component parts, the media and printed materials, any upgrades, this License and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this License. If the Software is an upgrade, any transfer must include all prior versions of the Software.
• Termination. Without prejudice to any other rights, Zen Dog may terminate this License if you fail to comply with the terms and conditions of this License. In such event, you must destroy all copies of the Software and all of its component parts.
2. RESERVATION OF RIGHTS AND OWNERSHIP. All ownership, title and intellectual property rights in and to the Software (including but not limited to any data files, images, photographs, animations, video, audio, music, text and "applets" incorporated into the Software), and any copies you are permitted to make herein are owned by Zen Dog or its suppliers. The Software is licensed, not sold. All ownership, title and intellectual property rights in and to the content which may be accessed through use of the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This License grants you no rights to use such content.
3. UPGRADES. If the Software is an upgrade from another product, whether from Zen Dog or another supplier, you may use or transfer the Software only in conjunction with that upgraded product, unless you destroy the upgraded product. If the Software is an upgrade of a Zen Dog product, you now may use that upgraded product only in accordance with this License.
4. DUAL-MEDIA SOFTWARE. You may receive the Software in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the Software.
5. LIMITED WARRANTY. Zen Dog warrants that the Software will perform substantially in accordance with the accompanying written materials for a period of thirty (30) days from the date of receipt. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the Software are limited to thirty (30) days. Zen Dog`s entire liability and your exclusive remedy for breach of the foregoing warranty shall be, at Zen Dog`s option, either (a) return of the price paid, or (b) repair or replacement of the Software or that does not meet the foregoing warranty, provided the Software on original media is returned to Zen Dog with a copy of your receipt. This Limited Warranty is void if failure of the Software resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or ten (10) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by Zen Dog are available without proof of purchase from an authorized international source. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZEN DOG AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6. NO CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL ZEN DOG OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF ZEN DOG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. EXPORT CONTROL. You may not export, ship, transmit or re-export the Software or related documentation in violation of any applicable law or regulation including, without limitations, the Export Administration Regulations issued by the United States Department of Commerce and any other applicable authorities.
8. UNITED STATES GOVERNMENT RESTRICTED RIGHTS. The Software is provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq., and related authority, as applicable. Use of the Software by the U.S. Government constitutes acknowledgment of the Zen Dog Software, LLC proprietary rights in them.
9. APPLICABLE LAW. This License is governed by the laws of the State of Washington. Any dispute or litigation must be brought in King County, Washington.
Should you have any questions concerning this License, or if you desire to contact Zen Dog for any reason, please use the address information enclosed in this Software to contact Zen Dog, or visit Zen Dog Software, LLC at http://www.zendogsoftware.com.
YOUR ACCEPTANCE OF THE FOREGOING AGREEMENT WAS INDICATED DURING INSTALLATION.
(c) 2009 Zen Dog Software, LLC. All rights reserved.