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.

  1. License Grant
    1. 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.
    2. 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.
    3. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.