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License.txt
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2000-04-22
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PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE.
BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE
TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF
THIS LICENSE, PROMPTLY RETURN THE UNUSED SOFTWARE TO THE PLACE
WHERE YOU OBTAINED IT AND YOUR MONEY WILL BE REFUNDED.
End User License Agreement - Single User
1. DEFINITIONS
The term "SOFTWARE" includes all software distributed with
this License including HourzPro, ExpenzPro, Reportz, ZoskSync, ZoskConfig
and all documentation. The "SOFTWARE" is licensed to you under
the terms specified in the License Grant below. Zoskware
("ZOSKWARE") owns all copyright, trade secret, patent,
trademarks and other proprietary rights in the SOFTWARE.
2. AGREEMENT
This ZOSKWARE License Agreement ("LICENSE AGREEMENT") is a
legal agreement between you (an entity or a person) and
ZOSKWARE for use of the SOFTWARE, which includes computer
software and electronic documentation.
3. PROPERTY
The SOFTWARE which accompanies this license is the property
of ZOSKWARE and is protected by copyright law and international
copyright treaties, as well as other intellectual property laws
and treaties. ZOSKWARE retains all intellectual property rights
including, but not limited to, patent, trademark, copyright, and
trade secret rights in the SOFTWARE.
4. LICENSE GRANT
ZOSKWARE grants you the right to install the PalmOS portions
of the SOFTWARE on a single PalmOS device at any one time.
ZOSKWARE grants you the right to install the Windows95/NT portions
of the SOFTWARE on a single computer at any one time. You may use
the SOFTWARE at home, at work or on another computer provided
that you, the licensee only use one copy at a time, and for your
own benefit. You must purchase a license for each additional user.
After written notice to ZOSKWARE you may transfer the entire
SOFTWARE to another person or entity, but only if you keep no
copies, and the transferee agrees to abide by the terms of this
LICENSE AGREEMENT.
5. LIMITED WARRANTY
THE WARRANTIES IN THIS AGREEMENT REPLACE ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. ZOSKWARE DISCLAIMS AND
EXCLUDES ALL OTHER WARRANTIES.
ZOSKWARE warrants that the physical media on which the SOFTWARE
is distributed will be free of defects in materials and
workmanship for a period of 30 days from the date of delivery
of the SOFTWARE to you. ZOSKWARE's entire liability and your
exclusive remedy for ZOSKWARE'S liability of any kind shall be
a replacement of the defective media. To obtain a replacement,
you must return the entire package, along with your receipt, to
the place of purchase within the 30 day warranty period.
ZOSKWARE does not warrant that the SOFTWARE will meet your
requirements or that operation of the SOFTWARE will be without
interruption, or that the SOFTWARE will be error-free, or that
defects in the SOFTWARE will be corrected. The software is
provided "AS IS" without warranty of any kind.
ZOSKWARE disclaims all other warranties, either express or implied
warranties of merchantability, fitness for a particular purpose,
and non-infringement, with respect to the SOFTWARE and the
accompanying documentation.
6. DISCLAIMER OF LIABILITY
IN NO EVENT SHALL ZOSKWARE BE LIABLE TO YOU FOR ANY SPECIAL,
INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES INCLUDING
ANY LOSS OF PROFITS, OR LOSS OF SAVINGS, ARISING OUT OF YOUR USE
OR INABILITY TO USE THE SOFTWARE, EVEN IF ZOSKWARE HAS KNOWLEDGE
OF THE POTENTIAL LOSS OR DAMAGE. Some states do not allow the
limitation or exclusion of liability for incidental or
consequential damages, so the above limitation may not apply to
you. HOWEVER, IN NO CASE SHALL ZOSKWARE'S LIABILITY EXCEED THE
PURCHASE PRICE OF THE SOFTWARE.
7. U.S. GOVERNMENT RESTRICTED RIGHTS
The SOFTWARE and documentation are provided with Restricted Rights.
Use, duplication, or disclosure by the Government is subject to
restrictions as set forth in FAR Sections 52-227-14 and 52-227-19
or DFARS Section 52-227-7013 (c)(1)(ii), as applicable.
8. GENERAL
This agreement must be construed -- and its performance enforced --
under California law. If any part of this agreement is found void
and unenforceable, it will not affect the validity of the balance
of this LICENSE AGREEMENT, which shall remain valid and enforceable
according to its terms. You agree that the SOFTWARE will not be
shipped, transferred or exported into any country or used in any
manner prohibited by the United States Export Administration Act
or any other export laws, restrictions or regulations. This LICENSE
AGREEMENT may only be modified by a license addendum which accompanies
this license of an upgrade to the SOFTWARE, or by a written document
that has been signed by both you and an officer of ZOSKWARE. This
license automatically terminates if the licensee violates any of
the terms of this LICENSE AGREEMENT.
9. ADDITIONAL INFORMATION
If you have any questions regarding this AGREEMENT, or if you wish
to contact ZOSKWARE for any reason, please send e-mail to
legal@zoskware.com.