Zbrainsoft Products License Agreement
CONDITIONS OF USE

You agree and continue to agree to use our software in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines below.

If you do not agree to the terms and conditions of this Agreement do not use or install Zbrainsoft products, (hereinafter: 'SOFTWARE'):

SOFTWARE VERSIONS; EVALUATION AND REGISTRATION

The SOFTWARE exists in two versions: an Unregistered Version and a Registered (paid) Version. Subject to the terms of this agreement, you are hereby licensed to use the SOFTWARE for evaluation purposes without charge depending on the product you want to use for commercial purposes.

For a full-featured, unrestricted version, a registration fee is required. Upon payment you will be sent an email that will provide a License key to unlock the SOFTWARE.

LICENSE

One copy of the registered version of the SOFTWARE may either be used by a single person who uses the SOFTWARE personally on 1 computer, and can be used by many users on same computer machine.

This Agreement, including the license to use the SOFTWARE, will terminate automatically if you fail to comply with any term or condition of this Agreement. In that case all your license keys for the SOFTWARE will be revoked. In case of termination for whatever reason no refunds are given.

The license is strictly personal and may only be transferred to another party after sending an email from the license owner (using the same email address when purchased).

OWNERSHIP

This SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This License is not a sale of the SOFTWARE. Zbrainsoft retains all rights, interest, title in and ownership of the SOFTWARE and documentation, including all intellectual property rights. No title to the intellectual property in the SOFTWARE is transferred to you. You will not acquire rights to the SOFTWARE except as expressly set forth above.

NO REVERSE ENGINEERING AND OTHER RESTRICTIONS

You agree that you will not (and if you are a corporation, you will use your best efforts to prevent your employees and contractors from attempting to) reverse engineer, disassemble, (de)compile, modify, translate, investigate or otherwise study the SOFTWARE in whole or in part.

The SOFTWARE is licensed as a single product. Therefore its components may not be separated in any possible way.

You may copy the SOFTWARE for backup and archival purposes, provided that the copy you acquired as well as the copies you made are kept in your possession and that your installation and use of the SOFTWARE does not exceed your license.

COMPLIANCE WITH LAWS AND INDEMNIFICATION

You agree to use the SOFTWARE in a manner that applies to all applicable laws in the jurisdiction in which you use the SOFTWARE, including all intellectual property laws. You may not use the SOFTWARE in conjunction with any device or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction. You agree to indemnify, defend, and hold harmless Zbrainsoft against losses, damages, expenses, (including reasonable attorneys' fees), fines, or claims arising from or relating to any claim that the SOFTWARE was used by you to violate, either directly or indirectly, another party's intellectual property rights.

LIMITED WARRANTY

Zbrainsoft does not warrant that the SOFTWARE is fault tolerant or error free. You expressly acknowledge that the SOFTWARE and documentation are provided "as is". Zbrainsoft disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and noninfringement of third party rights with respect to the SOFTWARE or the accompanying documentation. Should the SOFTWARE prove defective, you (and not Zbrainsoft) assume the entire cost of all necessary servicing, repair or correction.

LIMITATION OF LIABILITY

In no event shall Zbrainsoft be liable to you for any consequential, special, incidental or indirect damages of any kind arising out of the use of the SOFTWARE, even if Zbrainsoft has been advised of the possibility of such damages. Zbrainsoft's liability for any claim, losses, damages or injury, whether caused by breach of contract, tort or any other theory of liability, shall not exceed the purchase price of the product. Some jurisdictions do not allow the exclusion of implied warranties or incidental or consequential damages, so the above limitation or exclusions may not apply to you.

EXPORT

You acknowledge that the laws and regulations of the involved countries (The Netherlands, United States and possible involved other countries) may restrict the export and re-export of the SOFTWARE and documentation. You agree the SOFTWARE will not be exported or reexported without the appropriate Dutch, U.S. or foreign government licenses. You also agree not to export the SOFTWARE (including over the Internet) into any country subject to Dutch, U.S. or other applicable embargo.

RETURN POLICY

Before purchasing SOFTWARE from Zbrainsoft, you are strongly encouraged to 'test drive' it by using the unregistered version.

In the event you encounter a problem with the product, contact us for assistance.

After your purchase, refunds will only be given at the discretion of the Management of Zbrainsoft.

UPGRADES

Zbrainsoft commits to not charge an upgrade fee in the case of major new enhancements or additions to the registered SOFTWARE version.

DISTRIBUTION

Provided that you contact Zbrainsoft to verify that you are distributing the UNREGISTERED version, you are hereby licensed to make as many copies of the Unregistered version of the SOFTWARE and documentation as you wish; give exact copies of the original UNREGISTERED version to anyone; and distribute the UNREGISTERED version of the SOFTWARE and documentation in its unmodified form via electronic and physical means (diskettes, CD-ROMs, DVDs, etc). There is no charge for any of the above. To distribute the UNREGISTERED version please contact us first.

You are specifically prohibited from charging, or requesting donations, for any such copies, however made.

The registered SOFTWARE and its license key cannot be redistributed. The license key is confidential and cannot be shared.

GOVERNING LAW AND ARBITRATION

This Agreement will be governed by the laws of The Netherlands and will be interpreted as if he agreement were made between Dutch residents and performed entirely within The Netherlands. All disputes under this Agreement or involving use of the Product shall be subject to binding arbitration in court of law in Zwolle (The Netherlands). Notwithstanding anything contained in this Paragraph to the contrary, Zbrainsoft shall have the right to institute judicial proceedings against you or anyone acting by, through, or under you, in order to enforce Zbrainsoft's rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief.
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