End user agreement for Zeento
End User Licence Agreement
IMPORTANT - PLEASE READ CAREFULLY:
Before reading the articles below, please take good notice of the following preliminary terms, which terms make use of some of the definitions as specified in Article 1 below:
Entering into this Agreement: This End User License Agreement constitutes a valid and binding agreement between Zeento and You, as a user, for the use of the Zeento Software. You must enter into this Agreement by clicking on the ACCEPT button in order to be able to install and use the Zeento Software. Furthermore, by installing and (continuously) using the Zeento Software You agree to be bound by the terms of this Agreement and any new versions hereof.
Electronic Signatures and Agreement(s): You acknowledge and agree that by clicking on the ACCEPT button or similar buttons or links as may be designated by Zeento to show Your approval of any foregoing texts and/or to download and install the Zeento Software, You are entering into a legal binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Zeento Software. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
Jurisdiction’s Restrictions: if You are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this agreement according to age and You are under such a jurisdiction and under such age limit, You may not enter into this Agreement and download, install or use the Zeento Software. By entering into this Agreement You explicitly state that You have verified in Your own jurisdiction if Your use of the Zeento Software is allowed.
Article 1. Definitions
In this Agreement the following capitalized definitions are being used, singular as well as plural.
1.1 Zeento: The company established under the laws of Poland.
1.2 Agreement: this End User License Agreement, as may be renewed, modified and/or amended from time to time.
1.3 Effective Date: the date on which this Agreement is entered into by clicking on the ACCEPT button as stated above or by downloading, installing and (continuously) using the Zeento Software.
1.4 IP Rights: any and all intellectual property rights, including but not limited to copyrights, trademarks and patents, as well as know how and trade secrets contained in or relating to the Zeento Software, the Zeento Website or the Zeento Promotional Materials.
1.5 Zeento Promotional Materials: any and all names, signs, logos, banners and any other materials, in whatever form, owned and/or used by Zeento for the promotion of its company, its products and activities.
1.6 Zeento Software: the software distributed by Zeento to exchange files and any other informations over the internet, including without limitation the user interface, as well as any future programming fixes, updates and upgrades thereof.
1.7 Zeento Website: any and all elements and contents of the website available – among other URL’s- under the URL www.zeento.com, from which website the Zeento Software can be downloaded.
1.8 You: you, the end user of the Zeento Software, also used in the form "Your" where applicable.
Article 2. License and Restrictions
2.1 License. Subject to the terms of this Agreement, Zeento hereby grants You a limited, personal, non-commercial (at home or at work), non-exclusive, non-sublicensable, non-assignable, free of charge license to download, install and use the Zeento Software on Your computer or PDA, for the sole purpose of internet file exchange and any other applications that may be explicitly provided by Zeento.
2.2 No Granting of Rights to Third Parties. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Zeento Software.
2.3 No Modifications. You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Zeento Software.
2.4 New Versions of the Zeento Software. Zeento, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Zeento Software. You acknowledge and agree that Zeento has no obligation to make available to You any subsequent versions of the Zeento Software. You also agree that you may have to enter into a renewed version of this Agreement, in the event you want to download, install or use a new version of the Zeento Software. Furthermore, you acknowledge and agree that Zeento, in its sole discretion, may modify or discontinue or suspend Your ability to use any version of the Zeento Software, or terminate any license hereunder, at any time. Zeento also may suspend or terminate any license hereunder and disable any Zeento Software You may already have accessed or installed without prior notice at any time.
Article 3. Exceptions to License Restrictions
3.1 Exceptions. If You are interested in doing anything else than permitted under this Agreement, You will have to obtain Zeento’s written consent and agree on any further (commercial) terms.
Article 4. Permission to Utilize
4.1 Permission to utilize Your computer. In order to receive the benefits provided by the Zeento Software, you hereby grant permission for the Zeento Software to utilize the processor and bandwidth of Your computer for the limited purpose of chating or exchanging files or any other informations between You and other Zeento Software users.
Article 5. Confidentiality and Privacy
Article 6. IP Rights and Translations
6.1 Exclusive Ownership. You acknowledge and agree that any and all IP Rights are and shall remain the exclusive property of Zeento. Nothing in this Agreement intends to transfer any IP Rights to, or to vest any IP Rights in, You. You are only entitled to the limited use of the IP Rights granted to You in this Agreement. You will not take any action to jeopardize, limit or interfere with the IP Rights. You acknowledge and agree that any unauthorized use of the IP Rights is a violation of this Agreement as well as a violation of intellectual property laws, including without limitation copyright laws and trademark laws.
6.2 No Removal of Notices. You agree that You will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or Zeento’s rights and ownership thereof.
Article 7. Your Use of the Zeento Software
7.1 Use of the software. Installing Zeento Software enables You to chat and exchane files with other Zeento Software users.
7.2 No Warranties. Zeento cannot guarantee that You will always be able to use the Zeento Software, nor can Zeento guarantee that You can exchange files without disruptions, delays or other communication-related flaws. Zeento will not be liable for any such disruptions, delays or other problems in any transfers experienced when using the Zeento Software.
7.3 No Control. You acknowledge and understand that Zeento does not control, or have any knowledge of, the content of any chat message nor file exchanged by the use of the Zeento Software. The content of the chat messages and of the transferred files is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, indecent or otherwise objectionable. Zeento will not be liable for any type of content spread by means of the Zeento Software.
7.4 Lawful purposes. You acknowledge and agree to use the Zeento Software solely for lawful purposes. In this respect You may not, without limitation, (a) download or upload any content protected by copyright laws, (b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Zeento Software or the transferred data, or (c) upload or download any content not permitted by applicable law.
Article 8. Term and (Consequences of) Termination
8.1 Term. This Agreement will be effective as of the Effective Date and will remain effective until terminated by either Zeento or You as set forth below.
8.2 Termination by Zeento. Zeento may terminate this Agreement at any time, with or without cause, by providing notice to You and/or by preventing Your access to the Zeento Software.
8.3 Termination by You. You may terminate this Agreement at any time, with or without cause, provided that You will meet with the conditions as set forth in Article 8.4 below.
8.4 Consequences of Termination. Upon termination of this Agreement, You (a) acknowledge and agree that all licenses and rights to use the Zeento Software shall terminate, and (b) will cease any and all use of the Zeento Software, and (c) will remove the Zeento Software from all hard drives, networks and other storage media and destroy all copies of the Zeento Software in Your possession or under Your control.
Article 9. Your Representations and Warranties; Indemnification of Zeento
9.1 Representations. You represent and warrant that You are authorized to enter into this Agreement and comply with its terms. Furthermore, You represent and warrant that You will at any and all times meet with Your obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the Zeento Software.
9.2 Indemnification. You agree to indemnify, defend and hold Zeento, its Affiliates and the Zeento Staff harmless from and against any and all liability and costs, including reasonable attorneys’ fees incurred by said parties, in connection with or arising out of Your (a) violation or breach of any term of this Agreement or any applicable law, regulation, policy or guideline, whether or not referenced herein, or (b) violation of any rights of any third party, or (c) use or misuse of the Zeento Software, (d) transfer of a file with the Zeento Software.
Article 10 Disclaimer of Warranties
10.1 No warranties. THE Zeento SOFTWARE IS PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER; ZEENTO DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE ZEENTO SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE. ZEENTO FURTHER DOES NOT REPRESENT OR WARRANT THAT THE ZEENTO SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES ZEENTO WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF TRANSFERS MADE THROUGH THE ZEENTO SOFTWARE.
10.2 Your own Risk. You acknowledge and agree that the entire risk arising out of the use or performance of the Zeento Software remains with You, to the maximum extent permitted by law.
10.3 Jurisdiction’s Limitations. As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You.
Article 11. Limitation of Liability
11.1 No Liability. The Zeento Software is being provided to You free of charge. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT ZEENTO, ITS AFFILIATES AND THE ZEENTO STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE ZEENTO SOFTWARE, AS SET FORTH BELOW.
11.2 Limitation of Liability. IN NO EVENT SHALL ZEENTO, ITS AFFILIATES OR THE ZEENTO STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE ZEENTO SOFTWARE, EVEN IF ZEENTO, ITS AFFILIATES OR THE ZEENTO STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.3 Remedy. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE ZEENTO SOFTWARE IS TO UNINSTALL AND CEASE USE OF SUCH ZEENTO SOFTWARE.
11.4 Jurisdiction’s Limitations. As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You.
Article 12. General Provisions
12.1 New versions of the Agreement. Zeento reserves the right to modify this Agreement at any time by providing such revised Agreement to You or by publishing the revised Agreement on the Zeento Website. Your continued use of the Zeento Software shall constitute Your acceptance to be bound by the terms and conditions of the revised Agreement.
12.2 Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between You and Zeento with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.
12.3 Partial Invalidity. Should any term or provision hereof be deemed invalid, void or enforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect.
12.4 No waiver. The failure of Zeento any time or times to require performance of any provisions hereof shall in no manner affect its right at a later time to enforce the same unless the same is explicitly waived in writing and signed by Zeento.
12.5 No Assignment by You. You are not allowed to assign this Agreement or any rights hereunder.
12.6 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of Poland without giving effect to the conflict of laws or provisions of Poland or Your actual state or country of residence.
12.7 Competent Court. Any legal proceedings arising out of or relating to this Agreement will be subject to the exclusive jurisdiction of any court of POLAND sitting in Kraków.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE ZEENTO SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONSITIONS AND GRANT TO ZEENTO THE RIGHTS SET FORTH HEREIN.
Last revised: July 2010.