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ZONER software, a.s. END USER LICENSE AGREEMENT
1. FUNDAMENTAL PROVISIONS. This License Agreement is entered into by and between the company ZONER software, a.s., National Company ID No.: 494 37 381, having its registered office in Brno, Nové sady 583/18, postal code 602 00, Czech Republic, registered in the Company Register administered by the Regional Court in Brno, Section B, Insert 5824 (hereinafter referred to as “ZONER”), as the author of the computer program Zoner Photo Studio (hereinafter referred to as the “Program”) and yourself—a natural or legal person, as the legal owner of a computer, on which a reproduction (copy) of the Program is installed, or a person who is authorized to use and install programs on a computer that is not in such person’s ownership (hereinafter referred to as the “User”).
The Program also includes all its updates, add-in components or other accessories that ZONER may provide or make accessible in any other way to the User, provided however that such items are not subject to a separate license agreement. Upon affirming this License Agreement or installing the Program, you agree with all its terms and conditions and are bound hereby. Should you not agree with the below terms and conditions, choose the option “I disagree...” and contact the dealer from which you purchased the Program. You are not allowed to install or use in any other way the Program without agreeing to this License Agreement.
2. GRANT OF A LICENSE TO USE THE PROGRAM. This license authorizes the User to use the Software on or in conjunction with up to (i) the number of computers for which ZONER has legally provided licenses, or (ii) in the case of a Program purchased on a CD, DVD, or other physical medium, the number specified on the Program package, or (iii) if received in combination with other hardware or software, solely in conjunction with such other hardware or software. The Program IS NOT freeware. The User is not authorized to disseminate the Program or its trial version without the prior written consent of ZONER. The User shall in particular not be authorized to:
- reproduce the Program in any way whatsoever, not even for personal needs, except when it is necessary for the use of a legally acquired copy of the Program;
- publish, share, lend, pledge or burden, lease, sublicense or in any other way enable the use of the Program by a third party;
- modify, process, or alter in any other way the Program or its individual components and reverse engineer the Program, except for and in the extent of activities that are expressly permitted by the Copyright Act;
- include the Program or parts thereof in any way into the User’s own products or products of third parties;
- assign the granted license to a third party without the prior written consent of ZONER.
The trial version of the Program shall be provided for free for a period defined by ZONER. The use of the Program without granting of the relevant license after expiration of this time limit represents a breach of the law and the provisions of this License Agreement. Repeated installation of the trial version of the Program is not permitted.
3. COPYRIGHT. All personal and property rights to the Program and all its components belong to ZONER and/or its suppliers. The Program is protected by copyright applicable on the territory of the Czech Republic and in other countries according to valid international treaties regulating intellectual property rights.
4. UPDATES. The Program User using the Program in compliance herewith shall be entitled to free Updates of the Program, provided that ZONER has fully completed and decided to publish the relevant Program update by launching it on its web pages or otherwise unambiguously defined the Program Update as publicly available. The User acknowledges hereby that installations of the Program updates published by ZONER are necessary for optimum operation of the Program. The User therefore acknowledges that ZONER shall not be in any way liable for unreliable performance of the Program if the User fails to install available Program updates.
5. FURTHER VERSIONS, PREVIOUS VERSIONS, AND EDITIONS. The Program User using the Program in compliance herewith shall be entitled to obtaining Further Versions of the program (hereinafter referred to as “Upgrades”) or higher Editions of the same version (variants of the Program Version that differ in the set of functions they offer) under advantageous conditions (for example advantageous pricing) if ZONER deems it. If the User has acquired the Program under advantageous conditions as a Further Version in return for owning a Previous Version, the User acknowledges that further use of the Previous Version is possible only on the same computer where use of the Further Version has been licensed. The primary purpose of use of the Previous Version (or of the current version with a Further Version) is overcoming any eventual technological or usage restrictions surrounding the Further Version. The User is not authorized to simultaneously install or otherwise enable the use of Previous Versions on other computers, nor to transfer usage rights for a Previous Version to a third party in any other way, if the User is not enabled in writing by ZONER to do so. The provisions of this point of the Licensing Agreement apply in the same fashion to the use of other Editions of the Program.
6. LIMITATION OF USE.
- “Home Use.” A Program, License, or Product so labeled in its program name, product name, or on the ZONER websites or other publicly available material provided by ZONER may only be legally used in a strictly non-commercial environment. Use is expressly forbidden within businesses and organizations and for professional purposes.
- "EDU" licenses. A Program so labeled in its program name, product name, or on the ZONER websites or other publicly available material provided by ZONER may only be legally used in educational institutions and training centers, and may only be installed on computers on the property of or used by such entities.
- “Student” or “Teacher” licenses. A Program so labeled in its program name, product name, on the ZONER websites, or in other publicly available material provided by ZONER may only be legally used if, at the time of acquiring the license, the user is an official student (for “Student” licenses) or has valid employment as a pedagogue within an entity that is a school (for “Teacher” licenses).
- “NFR” or “Dealer” licenses. Programs so designated can be used exclusively for the purpose of demonstrating the Program to third parties with the goal of mediating their further legal use. The Programs cannot be used for any other purposes.
7. SITE LICENSE AND MULTIPLE LICENSE USE. Use of the program on multiple computers for other than home use is permitted on the basis of a written statement by ZONER software (a site license certificate) which specifies among other things the maximum number of installations or as appropriate uses on the User’s computers. The use of the Program on multiple computers without a proper site license certificate is in conflict with this License Agreement. When using the program in any type of networked environment (the Cloud, Software as a Service, on a terminal server, etc.), the number of authorized uses is set, not as the number of installations, but rather as the number of users that can physically use the Program. The “number of users” here means the total physical number of users, not the number of simultaneously accessing (concurrent) users; meanwhile the installations that the users access with the purpose of running the program do not count towards the total number of authorized uses. When the Program is installed on computers enabling simultaneous access to one installation of the Program by multiple users (multi-user PCs), the number of authorized uses of the Program is equal to the total number of users that can use the program at one instant. This provision also applies to the use of Further Versions of the program acquired under advantageous conditions (Upgrades).
8. TERMINATION OF THE AGREEMENT. This Agreement shall terminate if the User commits a breach of any provision hereof. After termination of the Agreement, the User shall destroy and cease to use in any manner whatsoever all reproductions of the Program, which relate to a license granted hereunder.
9. LIMITATION OF LIABILITY AND WARRANTIES. ZONER warrants that at the moment of delivery of the Program and for 30 successive days the medium (if the Program was delivered via a medium) shall show no factual defects and all its substantial features shall operate in compliance with the relevant specification. ZONER assumes no liability for damage caused by the use of the Program on the User`s computer or any other damages indirectly connected with the use of this Program. ZONER, ITS SUPPLIERS OR DEALERS SHALL NOT BE OBLIGED TO REIMBURSE THE USER OR A THIRD PARTY FOR ANY INDIRECT, SUBSEQUENT, SUBSIDIARY, PUNITIVE OR SPECIAL DAMAGES (IN PARTICULAR LOSS OF PROFIT OR EARNINGS, DAMAGES FOR LOSS OF PRIVACY, LOSS OF ENJOYMENT OF ANY COMPUTER OR SOFTWARE INCLUDING THIS PROGRAM, INTERRUPTION OF OPERATION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) INCURRED IN CONNECTION WITH THIS AGREEMENT OR SOFTWARE, THE USE OF WHICH IS GRANTED HEREUNDER; THIS SHALL APPLY ALSO IN CASE THAT THE USER WAS ADVISED BY ZONER ON THE POSSIBILITY OF OCCURENCE OF SUCH DAMAGES, WHEREAS THE CAUSE OF DAMAGE OR THEORY OF LIABILITY FOR DAMAGE SHALL NOT BE TAKEN INTO ACCOUNT. LIABILITY FOR DAMAGE IN ACCORDANCE WITH THE ABOVE SHALL APPLY IN THE MAXIMUM POSSIBLE EXTENT PERMITTED BY APPLICABLE LEGAL REGULATIONS. ZONER’S LIABILITY FOR DAMAGE INCURRED IN CONNECTION WITH THE PROGRAM SHALL IN NO CASE EXCEED THE AMOUNT, WHICH THE USER ACTUALLY PAID FOR THE PROGRAM OR THE AMOUNT CORRESPONDING TO THE RECOMMENDED SELLING PRICE OF THE PROGRAM ACCORDING TO THE PRICE LIST OF ZONER AT THE MOMENT OF THE PROGRAM PURCHASE, WHICHEVER AMOUNT IS LOWER. THE ABOVE LIMITATION SHALL APPLY ALSO IN THE EVENT THAT THE BASIC PURPOSE OF ANY LIMITED CLAIM IS NOT MET ON ANY GROUNDS WHATSOEVER.
10. SALES SUPPORT. In case of any inquiries regarding legitimacy of use of this Program contact ZONER software, a.s. at sales@zoner.com.
11. MJPEG Tools. The Program installation (for example MJPEG Tools) may include software used under the GNU GPL license. For the text of GNU GPL license, see the file MJPEG.txt. However, the program Zoner Photo Studio IS NOT covered under the GNU GPL license, as the Program only runs GPL-licensed software and is not linked to it. For more information about GNU GPL and source code of the software covered by GNU GPL and distributed with Zoner Photo Studio, visit ZONER software address or contact support@zoner.com.
12. Google Maps API. By using Google Maps in the Program, you agree to be bound by the Google Terms of Use, which are available at http://maps.google.com/help/terms_maps.html.
Revision 2011-09-28