IMPORTANT! Do not install this software before you have read this license agreement.
By proceeding to install this software you are indicating your acceptance of all the terms and conditions stated in this agreement. This is a legal agreement between you (either as an individual or a single entity) and Zoople for this software product which includes computer software and may include associated media, printed materials, and "online" or electronic documentation (the "SOFTWARE").
By installing, copying or otherwise using this SOFTWARE you are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this Agreement, do not install or use the SOFTWARE and if it is a non-evaluation version, return it together with physical materials and media to the place you obtained them for a full refund.
1. GRANT OF LICENSE.
This agreement grants you the following rights.
(i) EVALUATION LICENSE You may install and use an unlimited number of copies of the SOFTWARE on an unlimited number of machines.
(ii) SINGLE USER LICENSE You may install and use one copy of the SOFTWARE on a single computer. The primary user of the computer on which the SOFTWARE is installed may make a second copy for his or her exclusive use on a portable computer.
(iii) MULTI USER LICENSE You may use as many copies of the SOFTWARE as your multi user license entitles you to, in the manner specified above. You are also entitled to make a corresponding number of secondary copies for portable computer use as specified above.
The SOFTWARE is owned by Zoople and is protected by copyright laws and international treaty provisions, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold. You must therefore treat the SOFTWARE like any other copyrighted material.
3. REFUND POLICY.
Because the Software is provided free of charge during the Trial Period to allow potential customers to evaluate and test it before paying the license fee, Zoople enforces a strict no-refund policy. Please evaluate and test the Software carefully during the Trial Period. Once you pay the license fee, your payment is final and you may not be reimbursed.
4. OTHER RESTRICTIONS.
(i) TRANSFER You may not rent or lease the SOFTWARE, but you may transfer the SOFTWARE and accompanying written materials on a permanent basis provided you retain no copies and the recipient agrees to the terms of this Agreement. If the SOFTWARE is an update, any transfer must include the update and all prior versions.
(ii) REVERSE ENGINEERING You may not reverse engineer, decompile, or disassemble the SOFTWARE.
(iii) TERMINATION Without prejudice to any other rights, Zoople may terminate this agreement if you fail to comply with the terms and conditions of this agreement. In such event, you must destroy all copies of the SOFTWARE and all of its component parts.
(iv) DISTRIBUTION You may use this Product in your business application for sale or distribution as long as: The product that you produce and/or distribute is NOT a programming component with functionality substantially similar or equivalent to the SOFTWARE. You may not remove any proprietary notices, labels, trademarks from the SOFTWARE or associated documentation. You may not modify, de-compile, disassemble, reverse engineer or translate the software.
5. ENHANCEMENTS AND UPDATES.
From time to time, at its sole discretion, Zoople may provide enhancements, updates, or new versions of the SOFTWARE on its then standard terms and conditions thereof. This Agreement shall apply to such enhancements. LIMITED WARRANTY You assume all responsibility for the selection of the SOFTWARE as appropriate to achieve the results you intend and for the installation of, use of, and results obtained from the SOFTWARE. Zoople warrants that the media on which you obtained SOFTWARE shall be free of manufacturing defects for a period of (60) sixty days from date of purchase. Except for the limited warranty set forth herein, the SOFTWARE is provided "as is." to the maximum extent permitted by applicable law, Zoople disclaims all warranties, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non infringement with respect to the software and the accompanying documentation. without limiting the foregoing provisions, Zoople makes no warranty that the software will be error-free or free from interruptions or other failures or that the software will meet your requirements. Some states and jurisdictions do not allow limitations on implied warranties, so the above limitation may not apply to you. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
Zoople Software and its suppliers' entire liability and your exclusive remedy shall be, at Zoople' option, either
(a) return of the price paid or
(b) repair or replacement of the SOFTWARE that does not meet Zoople Limited Warranty and which is returned to Zoople with a copy of your receipt or proof of purchase. 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 longer.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
In no event shall Zoople or anyone else who has been involved in the creation, development, production, distribution or supply of this software be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of use of or inability to use this Zoople product, even if Zoople or its dealer have been advised of the possibility of such damages. Some countries do not allow the exclusion or limitation of certain implied warranties or the limitation of the foregoing warranty or the exclusion or limitation of incidental or consequential damages, in which case and to the extent such exclusion or limitation is not allowed some of the foregoing limitations and exclusions may not apply to you.
HIGH RISK ACTIVITIES.
The SOFTWARE is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities"). Zoople expressly disclaims any express or implied warranty of fitness for High Risk Activities.
You shall have no right to sub-license any of the rights of this agreement, for any reason. In the event of the breach by you of this Agreement, you shall be liable for all damages to Zoople, and this Agreement shall be terminated. If any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining portions of this Agreement shall not be affected or impaired thereby. In the event of a legal proceeding arising out of this Agreement, the prevailing party shall be awarded all legal costs incurred. This Agreement constitutes the entire agreement between the parties for the supply of the SOFTWARE and its associated documentation and supersedes all prior arrangements, agreements, representations, and undertakings. This Agreement may not be changed or modified except by a written instrument duly executed by each of the parties hereto.
This Agreement shall be governed by and construed in accordance with the laws of the Australia, without reference to conflict of laws principles. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. You shall be responsible for the payment of all taxes, duties, or levies that may now or hereafter be imposed by any authority upon this Agreement for the supply, use, or maintenance of the SOFTWARE, and if any of the foregoing taxes, duties, or levies are paid at any time by Zoople, you shall reimburse Zoople in full upon demand.
You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions.