End user agreement for Zac Browser
END-USER SOFTWARE LICENSE AGREEMENT
IMPORTANT -- READ CAREFULLY: This is a legal agreement between you, the end
user, and People CD, Inc. ("People CD") for the software product identified
below. This license ("License") contains rights and restrictions associated
with use of the accompanying software ("Software") including, but not
limited to, one or more of the following: source code, object code, dynamic
link libraries, static libraries, classes, byte code, header files, utility
programs, makefiles, images and scripts together with the accompanying
documentation and examples. Read the License carefully before opening the
sealed Software package, downloading, installing or using the Software. By
opening the sealed Software package, downloading, installing or using the
Software you agree to be bound by the terms and conditions of this License.
If you do not agree to the terms of this Agreement, do not open the sealed
Software package, do not download, install, copy or use the Software, return
the unopened Software package(s) and all other materials with proof of
payment to your place of purchase within thirty (30) days for a full refund.
The Software is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties. The
Software is licensed, not sold.
1. Limited License Grant. Subject to payment of applicable license fees,
People CD grants to you ("Licensee") a non-exclusive, non-transferable
limited license to use the Software. Except for the foregoing, Licensee may
not re-distribute the Software in whole or in part, either separately or
included with a product. You may: use the Software on any single computer;
use the Software on a network, provided that each person accessing the
Software through the network must have a copy licensed to that person; or
copy the Software for archival purposes, provided any copy must contain all
of the original Software's proprietary notices. Additional copies of
Software must be purchased directly from People CD.
2. Use Definition. The Software is "in use" on a computer when it is loaded
into temporary memory (i.e. RAM) or installed into permanent memory (e.g.
hard disk, CD-ROM, or other storage device) of that computer, except that a
copy installed on a network server for the sole purpose of distribution to
other computers is not "in use".
3. Restrictions. The Software is confidential copyrighted information of
People CD and title, ownership rights, and intellectual property rights in
the Software and all rights to the Software are retained by People CD. The
Software is protected by the copyright laws and treaties. Title and related
rights in the content accessed through the Software is the property of the
applicable content owner and may be protected by applicable law. This
License gives you no rights to such content. You may not: permit other
individuals to use the Software except under the terms listed above; permit
concurrent use of the Software; modify, translate, reverse engineer,
decompile, decrypt, extract, disassemble, or create derivative works based
on the Software; copy the Software other than as specified in Section 1 of
this License; sell, rent, lease, grant a security interest in, or otherwise
transfer rights to the Software; or alter or remove any proprietary notices
or labels on the Software. Software may not be leased, assigned, or
sublicensed, in whole or in part, except as specifically authorized in
Section 1. Licensee warrants that it will not use or redistribute the
Software for such purposes.
Therefore you must treat the Software like any other copyrighted material
and not reproduce it except that you may either: (a) make one copy of the
Software solely for backup or archival purposes, or (b) transfer the
Software to a single hard disk provided you keep the original solely for
backup or archival purposes. You may not copy any printed materials
accompanying the Software.
4. High Risk Activities. The Software is not fault-tolerant and is not
designed, manufactured or intended for use in on-line control equipment in
hazardous environments requiring fail-safe performance, such as in the
design, construction, operation or maintenance of any aircraft, air traffic,
aircraft navigation, aircraft communications, nuclear facilities, direct or
indirect life support machines, or weapons systems. People CD and its
suppliers specifically disclaim any express or implied warranty of fitness
for High Risk Activities. Licensee warrants that it will not use or
redistribute the Software for such purposes.
5. Trademarks and Logos. This License does not authorize Licensee to use any
People CDs, trademarks, or logos. Licensee acknowledges that People CD owns
the (list trademarks here) logos and icons and agrees to not do anything
harmful to or inconsistent with Company's rights in respect to any
trademarks, names, or logos.
6. Taxes. All charges and fees paid are exclusive of and do not include any
taxes, duties, or similar charges imposed by any government. Licensee agrees
to pay or reimburse People CD for all federal, state, dominion, provincial,
or local sales, use, personal property, excise, VAT or other taxes, fees, or
duties arising out of this Agreement or the transactions contemplated by the
Agreement (other than taxes on the net income of People CD).
Licensee agrees that the amounts to be remitted to People CD are to be the
actual amounts due without withholding taxes or other assessments by
authorities anywhere in the foreign location. If any withholding tax is
imposed under the laws of a country or other taxing jurisdiction outside of
the United States on any amounts paid to People CD, such amounts will be
increased by the amount of the withholding tax. Licensee shall be solely
responsible for and shall pay any and all amounts required in the foreign
location to be withheld, charged, deducted, or assessed against such payment
amounts, and will promptly furnish People CD with certificates evidencing
payment of such amounts.
7. Cooperation and Operation. Licensee shall cooperate to the fullest extent
necessary to enable People CD or authorized Service Provider to replicate
any problems, determine that the problem resides with the Software, and
certify that the problem has been corrected. Licensee is responsible for
selecting an operator who is qualified to operate the Software on Licensee's
own equipment and is familiar with the information, calculations, and
reports that serve as input and output of the Software. People CD or
authorized Service Provider reserves the right to refuse assistance or to
charge additional fees if an operator seeks assistance with respect to such
background information or any other matters not directly relating to the
operation of the Software. Licensee is also responsible for ensuring a
proper environment and proper utilities for the computer system on which the
Software will operate.
8. Disclaimer of Warranty. People CD warrants that (a) the Software will
perform substantially in accordance with the accompanying written materials
for a period of ninety (90) days from the date of receipt, and (b) any
Support Services provided by People CD shall be substantially as described
in applicable written materials provided to you by People CD, and People CD
support engineers will make commercially reasonable efforts to solve any
problem issues. Some states and jurisdictions do not allow limitations on
duration of an implied warranty, so the above limitation may not apply to
you. To the extent allowed by applicable law, implied warranties on the
Software, if any, are limited to ninety (90) days.
EXCEPT AS PROVIDED ABOVE, THIS SOFTWARE AND ANY RELATED SERVICES OR
DOCUMENTATION IS PROVIDED ON AN "AS IS" BASIS, WITHOUT A WARRANTY OF ANY
KIND. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING
WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. THE ENTIRE RISK
AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS BORNE BY YOU. SHOULD
THE SOFTWARE PROVE DEFECTIVE, YOU AND NOT PEOPLE CD ASSUME THE ENTIRE COST
OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
ESSENTIAL PART OF THE AGREEMENT. IN SOME JURISDICTIONS THIS MAY NOT APPLY TO
YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT ARE BY JURISDICTION.
9. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL PEOPLE CD OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES
SUFFERED BY LICENSEE OR ANY THIRD PARTY AS A RESULT OF USING OR DISTRIBUTING
SOFTWARE. IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL PEOPLE CD OR ITS
SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT,
INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OR LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER
COMMERCIAL DAMAGES OR LOSSES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF
LIABILITY, TORT, CONTRACT, OR OTHERWISE, ARISING OUT OF THE USE OF, MISUSE
OF OR INABILITY TO USE SOFTWARE, EVEN IF PEOPLE CD HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN SOME JURISDICTIONS THIS MAY NOT APPLY TO YOU
AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT ARE BY JURISDICTION.
In no event will People CD's liability to Licensee, whether in contract,
tort (including negligence), or otherwise exceed the total price paid for
the software or the annual Service Fee paid to People CD by Licensee for the
twelve (12) months preceding the event giving rise to the claim. No action,
whether in contract or tort including but not limited to negligence, arising
out of or in connection with this Agreement may be brought by either party
more than eighteen (18) months after the cause of action has accrued.
10. Customer Remedies. People CD's and its suppliers' entire liability and
your exclusive remedy shall be, at People CD's option, either (a) return of
the price paid, if any, or (b) repair or replacement of the Software that
does not meet People CD's Limited Warranty. All Software returns and
replacements must include a copy of the original receipt. This Limited
Warranty is void if failure of the Software has resulted from accident,
abuse, or misapplication. Any replacement Software will be warranted for the
remainder of the original warranty period or thirty (30) days, whichever is
11. Termination. Licensee may terminate this License at any time by
destroying all copies of Software. This License will terminate immediately
without notice from People CD if Licensee fails to comply with any provision
of this License. Upon such termination, Licensee must destroy all copies of
12. 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. Licensee agrees to comply strictly with all
such regulations and acknowledges that it has the responsibility to obtain
licenses to export, re-export, or import Software. Software may not be
downloaded, or otherwise exported or re-exported (i) into, or to a national
or resident of, Cuba, Iraq, Iran, North Korea, Libya, Sudan, Syria or any
country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S.
Treasury Department's list of Specially Designated Nations or the U.S.
Commerce Department's Table of Denial Orders.
13. Restricted Rights. Use, duplication or disclosure by the United States
government is subject to the restrictions as set forth in the Rights in
Technical Data and Computer Software Clauses in DFARS 252.227-7013(c) (1)
(ii) and FAR 52.227-19(c) (2) as applicable.
14. Governing Law. Any action related to this License will be governed by
New Jersey law and controlling U.S. federal law. No choice of law rules of
any jurisdiction will apply.
15. Severability. IF ANY OF THE ABOVE PROVISIONS ARE HELD TO BE IN VIOLATION
OF APPLICABLE LAW, VOID, OR UNENFORCEABLE IN ANY JURISDICTION, THEN SUCH
PROVISIONS ARE HEREWITH WAIVED OR AMENDED TO THE EXTENT NECESSARY FOR THE
LICENSE TO BE OTHERWISE ENFORCEABLE IN SUCH JURISDICTION. HOWEVER, IF IN
PEOPLE CD'S OPINION DELETION OR AMENDMENT OF ANY PROVISIONS OF THE LICENSE
BY OPERATION OF THIS PARAGRAPH UNREASONABLY COMPROMISES THE RIGHTS OR
INCREASE THE LIABILITIES OF PEOPLE CD, PEOPLE CD AUTOMATICALLY TERMINATES
THE LICENSE WITHOUT ANY REMEDY TO THE LICENSEE. UPON SUCH TERMINATION,
LICENSEE MUST DESTROY ALL COPIES OF THE SOFTWARE.
16. Breach of Agreement. It is understood and agreed that, notwithstanding
any other provision of this Agreement, Licensee's breach of any of the
provisions of this Agreement will cause People CD irreparable damage for
which recovery of money damages would be inadequate, and that People CD will
therefore be entitled to seek timely injunctive relief to protect People
CD's rights under this Agreement in addition to any and all remedies
available at law.
17. Miscellaneous. This Agreement is the parties' entire agreement relating
to its subject matter. It supersedes all prior or contemporaneous oral or
written communications, proposals, conditions, representations and
warranties and prevails over any conflicting or additional terms of any
quote, order, acknowledgment, or other communication between the parties
relating to its subject matter during the term of this Agreement. No
modification to this Agreement will be binding, unless in writing and signed
by an authorized representative of each party.
18. Should you have any questions concerning this Agreement, or if you
desire to contact People CD for any reason, please write: People CD,
People CD Inc.
3155 East Patrick Lane, Suite 1
Las Vegas, NV 89120
info at peoplecd.com