End user agreement for ZapSnap
Modular Systems Evaluation End User License Agreement
IMPORTANT: CAREFULLY READ THIS LICENSE AGREEMENT ("LICENSE") BEFORE USING THIS PRODUCT.
This is a legal agreement between you (either an individual or a corporation) and Modular Systems, Mølleparken 246, Billund, Denmark, from here on referred to as "Modular Systems", "we" or "us". The agreement concerns the license of use of ZapSnap 1.0 (from here on referred to as "ZapSnap" or "Product"), a software utility created, owned and distributed by Modular Systems.
YOUR INSTALLATION, COPYING, OR USE OF THIS PRODUCT INDICATES YOUR ACCEPTANCE OF THIS LICENSE, AND THAT YOU AGREE TO BE BOUND BY AND COMPLY WITH ALL OF ITS TERMS.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE, THEN: (A) DO NOT COPY, INSTALL, OR USE THIS PRODUCT, AND (B) IF YOU RETURN THE COMPLETE PRODUCT TO MODULAR SYSTEMS IMMEDIATELY, YOU CAN RECEIVE A FULL REFUND.
Modular Systems hereby grants you a non-exclusive Evaluation License for the Product, to be used solely in an evaluation capacity. The Evaluation License shall be valid only for thirty days since the first time you install the Product.
This agreement applies only to the evaluation version of the Product. After you purchase the product and obtain a unique Serial Number, this agreement is replaced by the Modular Systems standard end user agreement.
The Product consists of: (1) all materials with which this License is packaged by Modular Systems, which may include, but are not limited to, computer program(s), software, and code; images; symbols; texts; accompanying printed materials; and "online" or electronic documentation, and (2) any supplemental software code and supporting materials which may be provided to you as part of support services provided or authorized by Modular Systems for the Product.
You (including your company or employer) may evaluate the Product only once, and for one Evaluation. At the end of the Evaluation Period, the you will have the option of purchasing the Product license for the current price. During the Evaluation Period, no title to or ownership of the Product is transferred to you, and it remains the proprietary product of Modular Systems.
The evaluation version of the Product allows you to test and evaluate characteristics, features, and quality of this Product. You can also test the compatibility of the Software with your hardware and your operating system. The evaluation version may have some restricted features or limitations. Using this Product after the Evaluation Period without registration violates copyright laws and may result in severe civil and criminal penalties.
B. YOU MAY:
1. install and use one copy of the Product on a single computer. You may also make a second copy of the Product, and install and use it on a home or portable computer used exclusively by you.
2. make one copy of the Product for archive or backup purposes. You may also store or install a copy of the Product on a storage device, such as a network server, used only to install or run the Product on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the Product is installed or run from the storage device.
3. copy and distribute the product to others in its original form only, where the "original form" is the ZapSnapSetup.exe self-extracting executable file released by Modular Systems.
C. YOU MAY NOT:
1. install, use, distribute, or copy the Product except as expressly permitted in this License.
2. continue using the Product after the Evaluation Period expires.
3. translate, reverse engineer, decompile, or disassemble the Product, except to the extent, if any, that such activities are clearly and expressly permitted by applicable law despite such restrictions.
4. rent, lease, or assign the Product.
5. modify the Product, merge the Product as part of any other product or collection of products, or create derivative works derived from the Product, without the prior written consent of Modular Systems.
6. sell this product or charge any distribution fee in excess of the media cost (CD,disk or download).
7. permit others to perform any of activities (1) - (5) immediately above.
In addition, in no event do we authorize you or anyone else to use the Product in applications or systems where the Product's failure to perform can reasonably be expected to result in significant physical injury, property damage, or loss of life, including but not limited to use in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems. The Product is not fault-tolerant and is not designed, manufactured or intended for any such use. Any such use is entirely at your own risk, and you agree to hold Modular Systems, and its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries and parent organizations, harmless from any and all claims or losses relating to such unauthorized use.
Your rights regarding the Product under this License shall remain in effect only as long as you are in full compliance with the terms and conditions of this License, and shall terminate automatically if you fail to comply with any such terms or conditions. You agree, upon termination, to destroy all copies of the Product received, made or used by you in connection with this License. The Limitations of Warranties and Liability set out below shall continue in force even after any termination.
All patents, copyrights, trademarks, trade secrets and other ownership rights in the Product are and shall remain in Modular Systems or third parties with which Modular Systems has licensing arrangements. The source code of the Product and all information regarding the design, structure or internal operation of the Product are valuable trade secrets of Modular Systems or third parties with which Modular Systems has licensing arrangements ("Confidential Information"), provided however, that "Confidential Information" shall not include information which otherwise would be Confidential Information to the extent that such information was publicly known prior to the time you received it, or became known to you through no violation of any of your, or others', confidentiality obligations to any other party regarding the Product. To the extent, if any, to which you may learn any Confidential Information, you shall not sell, transfer, publish, disclose, display, or otherwise permit access by any third party to, the Confidential Information.
You shall ensure that any copies of the Product that you make or have made pursuant to this License bear all copyright and other proprietary notices contained in or affixed to the copy or copies of the Product as created and packaged by us. All rights of any kind in the Product which are not expressly granted in this License are entirely and exclusively reserved to and by Modular Systems.
F. LIMITATION OF WARRANTIES AND LIABILITY:
LIMITED WARRANTY AND DISCLAIMER OF WARRANTY
ALL MATERIALS PROVIDED BY MODULAR SYSTEMS , INCLUDING BUT NOT LIMITED TO THE PRODUCT, ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. FURTHER, MODULAR SYSTEMS DOES NOT WARRANT THAT ANY SUCH MATERIALS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF SUCH MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF SUCH MATERIALS IS ASSUMED BY YOU. IF ANY SUCH MATERIALS ARE DEFECTIVE YOU, AND NOT MODULAR SYSTEMS OR ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE RISK OF SUCH DEFECT(S), AND THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
WITHOUT LIMITING THE ABOVE, THERE IS NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, MADE BY MODULAR SYSTEMS , ON ANY MATERIALS PROVIDED BY MODULAR SYSTEMS , INCLUDING BUT NOT LIMITED TO THIS PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MODULAR SYSTEMS , ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
NEITHER MODULAR SYSTEMS , ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF ANY MATERIALS PROVIDED BY MODULAR SYSTEMS , INCLUDING BUT NOT LIMITED TO THIS PRODUCT, SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE SUCH MATERIALS, EVEN IF Modular Systems HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This License is the entire agreement between you and us, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. This License shall be governed by and construed in accordance with the laws of Denmark.
ZapSnap uses and distributes the FreeImage library contained in the FreeImage.dll binary file. The contents of this file are subject to the FreeImage Public License Version 1.0 (the "FreeImage License"); you may not use the FreeImage.dll file except in compliance with the FreeImage License. You may obtain a copy of the FreeImage License at http://home.wxs.nl/~flvdberg/freeimage-license.txt. For more information about FreeImage see http://freeimage.sourceforge.net/