License Agreement for Use of the
Binary Form of the
showU 1.0
Software
by a Non-profit Educational Institution
This License Agreement ("License") is a legal agreement between a non-profit educational institution (as "you") and ZigZag, Inc. (as "ZigZag") for the ZigZag software product called "showU 1.0" which accompanies this License, which includes computer software and may include "online" or electronic documentation, graphics, associated media, and printed materials (the "software product"). The license is effective starting from the date of delivery of the software product.
- License Grant
- ZigZag grants you a nonexclusive, nontransferable, non-sublicensable,
worldwide, license to make and use copies of the software product in
the manner provided below.
You may make a reasonable number of copies of the software product
reasonably required for your internal use, provided that such copies
are used only by you and are not republished or distributed (either
in hard copy or electronic form) beyond your premises.
You shall not modify the software.
ZigZag retains ownership and full rights to any modifications it makes
to the software product at your request.
You may place copies of the software product on your web site as part
of applets accessible only to members of your educational institution,
subject to all of the conditions of this license.
You may not place copies of the software product on any publicly accessible
web pages without prior written permission from ZigZag, subject to such
conditions as ZigZag shall specify at that time.
- You may designate up to two individuals as registered users of the
software product.
Each registered user is entitled to support services by means of electronic
mail for a period of one year starting from the date of delivery of the
software product.
You must notify ZigZag of the names of the registered users within
thirty days of delivery of the software product.
You may modify the list of registered users, subject to approval by ZigZag.
- All title and copyrights in and to the software product, and all copies
of the software product, are owned by ZigZag and/or its licensors.
No right, title or interest in and to any copyright, patent, trade secret,
trademarks, service marks or trade names of ZigZag or its licensors is
granted hereunder.
- Confidentiality.
The software product is confidential and proprietary information of ZigZag
and/or its licensors.
The software product is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties.
You hereby agree to protect the software product from unauthorized disclosure
or use to the fullest extent permitted by law.
- Disclaimer of Warranty.
This software product is provided "AS IS," without a warranty of any kind.
ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT,
ARE HEREBY EXCLUDED.
ZigZag is not aware of any infringement by this software product.
- Limitation of Liability.
IN NO EVENT WILL ZIGZAG BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA,
OR FOR DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES,
HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY, ARISING OUT OF THE USE OF
OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF ZIGZAG HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
- Termination.
This License is effective until terminated.
You may terminate this License at any time by destroying all copies of the
software product and informing us you have done so.
This License will terminate immediately without notice from ZigZag if you fail
to comply with any provision of this License.
Upon termination, you must destroy all copies of the software product and confirm
to us you have done so.
Sections 1(c) and 2 through 8 survive any termination.
- Export Regulations.
Software, including technical data, is subject to U.S. export control laws,
including the U.S. Export Administration Act and its associated regulations,
and may be subject to export or import regulations in other countries.
You agree to comply strictly with all such regulations and acknowledge that
you have the responsibility to obtain licenses to export, re-export, or import
the software product.
- U.S. Government Restricted Rights.
Use, duplication, or disclosure of the software product by the U.S. Government
is subject to "Restricted Rights" applicable to commercial computer software
(under FAR 52.227-19 and DFARS 252.227-7013).
Contractor/Manufacturer is: ZigZag, Inc., P.O. Box 3902, Gaithersburg, MD 20885-3902.
- Governing Law.
This agreement shall be construed, interpreted, and governed by the laws of
the State of Maryland, U.S.A.
This License gives you specific legal rights; you may have others which vary
from state to state and from country to country.
ZigZag reserves all rights not specifically granted in this License.