End user agreement for ZoneTrekker
END USER LICENSE AGREEMENT FOR ZONETREKKER SOFTWARE
1. PROPRIETARY RIGHTS. The Software Product and any accompanying documentation are the proprietary products of Esoteric or its licensors and are protected under national laws and international treaty provisions. Ownership of the Software Product and all copies, modifications, and translations, shall at all times remain with Esoteric and its licensors.
2. GRANT OF LICENSE. This Section of the EULA describes Your general rights to install and use the Software Product. The license rights described in this Section are subject to all other terms and conditions of this EULA.
General License Grant to Install and Use Software Product. You may install and use one copy of the Software Product on a single computer, device, workstation, terminal, or other digital electronic device ("Device"). A license for the Software Product may not be shared.
Multiuser Site License to Install and Use Software Product. For the purposes of this EULA, a "site" is a computer network or a collection of standalone computers normally housed in a single physical location. If the Software Product is licensed with a multiuser site license terms specified in the applicable price list or product packaging for the Software Product, you may make, use and install as many additional copies of the Software Product on the number of Client Devices as the site license authorizes. You must have a reasonable mechanism in place to ensure that the number of Client Devices on which the Software Product has been installed does not exceed the number of licenses you have obtained.
Enterprise License to Install and Use Software Product. For the purposes of this EULA, an "enterprise" is a company, corporation or organisation which trades as a single legal entity. If the Software Product is licensed with an enterprise license terms specified in the applicable price list or product packaging for the Software Product, you may make, use and install additional copies of the Software Product on an unlimited number of Client Devices which are owned by the enterprise or its employees.
3. TERMINATION. Upon the expiration of the Evaluation Term (if any), your rights under this EULA terminate automatically without notice. Without prejudice to any other rights, Esoteric may terminate this EULA if You fail to comply with the terms and conditions of this EULA. In such event, You must destroy all copies of the Software Product and all of its component parts. The terms of this paragraph shall survive any termination of this EULA.
4. OTHER RIGHTS AND LIMITATIONS.
Copy Protection. The Software Product may include copy protection technology to prevent the unauthorized copying of the Software Product or may require original media for use of the Software Product on the Device. It is illegal to make unauthorized copies of the Software Product or to circumvent any copy protection technology included in the Software Product.
Backup Copies. You may make copies of the software only for backup or archival purposes.
Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Software Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Separation of Component Parts. The Software Product is licensed as a single product. Its component parts may not be separated for use on more than one Device unless expressly permitted by this EULA.
Trademarks and Copyright. This EULA does not grant You any rights in connection with any trade marks or copyrighted materials of Esoteric other than your licensed right as granted explictly in other terms of this EULA.
Support Services. Esoteric may provide You with support services related to the Software Product ("Support Services"). Use of Support Services is governed by the Esoteric policies and programs described in the user manual, in "online" documentation, or in other Esoteric-provided materials. Any supplemental software code provided to You as part of the Support Services are considered part of the Software Product and subject to the terms and conditions of this EULA. You acknowledge and agree that Esoteric may use technical information You provide to Esoteric as part of the Support Services for its business purposes, including for product support and development. Esoteric will not utilize such technical information in a form that personally identifies You.
Term. If the Software Product that was distributed to you was labeled as an TRIAL or EVALUATION VERSION (or its functional equivalent) (an "Evaluation Version"), the license granted under this EULA commences upon the installation of the Software Product and is effective for 7 days following the date you install the Software Product (the "Evaluation Term"). Evaluation Version Software Products may include software code intended to disable their functionality after the expiration of the Evaluation Term. You may take no actions to circumvent the operation of such disabling code, and you accept all risks that might arise from such disabling code. If the Software Product was not distributed as an Evaluation Version, or if you converted an Evaluation Version installation of the Software Product to a non-Evaluation Version of the Software Product by authorised use of the conversion mechanism provided with the Software Product (in each case either being or resulting in a "Full-License Version"), the licenses granted under this EULA commence upon the installation of the Software Product and are effective in perpetuity unless terminated per the terms of this Agreement.
Software Transfer. You may permanently transfer all of your rights under this EULA (except if your rights are in an Evaluation Version), provided you retain no copies, you transfer all copies of the Software Product (including all component parts, the media and printed materials, any prior versions, and this EULA), and the recipient agrees to be subject to the terms of this EULA. Upon the occurrence of such a transfer, your rights under this EULA terminate immediately.
7. DATABASE UPDATES AND PROGRAM PATCHES DOWNLOADED FROM THE INTERNET. Esoteric may make available from time to time database updates and program patches to be downloaded from the internet. It is Your sole responsibility to check for these updates and patches periodically and to download and install them. There is no requirement for Esoteric to notify You of their availability. Once a database update or program patch is installed it is included within the original terms of this license and limited warranty. The original limited warranty period and terms shall not be affected or extended by updating the Software Product in this manner.
8. ACCURACY OF DATA. While all reasonable efforts are made to ensure the database contained in Software Product is accurate, Esoteric accepts no liability for or resulting from any errors or omissions.
9. WARRANTY. Esoteric warrants that the Software Product will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt.
10. DISCLAIMER OF WARRANTIES. Esoteric disclaims all other warranties, express or implied, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose.
11. LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Esoteric, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software Product does not meet Esoteric' Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 14 below ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction.
12. YOUR EXCLUSIVE REMEDY. Esoteric' and its suppliers' entire liability and your exclusive remedy shall be, at Esoteric' option from time to time exercised subject to applicable law, (a) return of the price paid (if any) for the Software Product, or (b) repair or replacement of the Software Product, that does not meet this Limited Warranty and that is returned to Esoteric with a copy of your receipt. You will receive the remedy elected by Esoteric without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software Product to Esoteric). This Limited Warranty is void if failure of the Software Product has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Neither these remedies nor any product support services offered by Esoteric are available without proof of purchase from an authorized source.
13. DISCLAIMER OF WARRANTIES. The limited warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any documentation or packaging. Except for the limited warranty and to the maximum extent permitted by applicable law, Esoteric and its suppliers provide the software and support services (if any) as is and with all faults, and hereby disclaim all other warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness or responses, of results, of workmanlike effort, of lack of viruses and of lack of negligence, all with regard to the software, and the provision of or failure to provide support services. Also, there is no warranty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement with regard to the software.
14. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. To the maximum extent permitted by applicable law, in no event shall Esoteric or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the software product, the provision of or failure to provide support services, or otherwise under or in connection with any provision of this eula, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Esoteric or any supplier, and even if Esoteric or any supplier has been advised of the possibility of such damages.
15. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Esoteric and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by Esoteric with respect to any breach of the limited warranty) shal be limited to the greater of the amount actually paid by you for the software or US$5.00. The foregoing limitations, exclusions and disclaimers (including sections 7, 8, and 9 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
16. APPLICABLE LAW. This EULA is governed by the laws of South Australia, without reference to conflict of law principles. This Agreement sets forth all rights for the user of the Software Product and is the entire agreement between the parties. This Agreement supersedes any other communications with respect to the Software Product. This Agreement may not be modified except by a written addendum issued by a duly authorized representative of Esoteric. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by Esoteric or a duly authorized representative of Esoteric. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The parties confirm that it is their wish that this Agreement has been written in the English language only.
17. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the Software Product) is the entire agreement between you and Esoteric relating to the Software Product and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software Product or any other subject matter covered by this EULA. To the extent the terms of any Esoteric policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.
Should you have any questions concerning these terms and conditions, or if you would like to contact Esoteric for any other reason, please email or write to Esoteric Technologies Pty Ltd, PO Box 578, Magill SA 5072, Australia, or email email@example.com