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License Agreement
Purchase License Agreement
IMPORTANT! READ THIS LICENSE AGREEMENT (HEREAFTER KNOWN AS "AGREEMENT")
BEFORE PURCHASING. PURCHASING INDICATES ACCEPTANCE OF, AND LEGALLY BINDS
YOU AND/OR YOUR COMPANY (HEREAFTER KNOWN AS "LICENSEE"), AND THE
ZEROFAULT GROUP,LLC ("HEREAFTER KNOWN AS "TZG") TO THE TERMS AND
CONDITIONS SET FORTH BELOW. IF LICENSEE DESIRES TO NEGOTIATE DIFFERENT
TERMS, DO NOT PURCHASE AND CONTACT TZG AT 1.888.683.6168. IN THE EVENT
LICENSEE CONTACTS TZG PRIOR TO PURCHASING BUT WE ARE UNABLE TO NEGOTIATE
A NEW AGREEMENT AND THE LICENSE KEY WAS NOT DELIVERED, TZG WILL NOT
INVOICE THE LICENSEE.
1. Your Permitted Use
a. Authorized Use
Subject to the terms and conditions of this Agreement, TZG grants
to Licensee a non-exclusive license to use solely for Licensee's
internal business purposes, the ZeroFault software and user
documentation, (collectively known as "Product") within the Site
(defined in Section 2) and in accordance with the definitions of
the license type (defined in Section 3), for which the applicable
license fees were paid.
Only the Licensee may access or use the Product only on Licensee's
equipment at Licensee's facilities within the Site.
In compliance with the above, the Licensee's contractors are
permitted to use the product for the benefit of the Licensee
according to the terms of this Agreement. Support to contractors
is to be coordinated by and through the Licensee. Licensee is
responsible for the Contractor's compliance with the terms of
this Agreement.
b. Restrictions
You may not:
i. copy (other than for back-up purposes), distribute,
rent, lease or sub-license all or any portion of the Software
Product;
ii. modify or prepare derivative works of the Software Product;
iii. use the Software Product in a computer-based services
business or publicly display visual output of the Software
Product;
iv. transmit the Software Product over a network, by telephone,
or electronically using any means;
v. reverse engineer, decompile or disassemble the Software
Product;
vi. rent, lease, consult, or use in a service provider capacity;
vii. alter the date or use any other means to defeat the license
management mechanisms.
You agree to keep confidential and use your best efforts to
prevent and protect the contents of the Software Product from
unauthorized disclosure or use.
c. Transfer
You may transfer the Software Product, within the Site (defined
in Section 2) but only if the recipient agrees to accept the terms
and conditions of this Agreement and if Licensee has current
Support services with TZG and if the recipient is within the SAME
company as the Licensee. If you transfer the Software Product,
you must transfer all computer programs and documentation and
erase any copies residing on computer equipment. Your license and
Support is automatically terminated if you transfer the Software
Product. You may not transfer Support Services for the Software
Product. The new Licensee is required to obtain 12 months of
Support Services for the product with TZG at the standard rate at
that time.
2. A Site (hereafter known as "Site") shall be defined as: The
Department within the LICENSEE'S company for which the software
was purchased.
3. License Types
a. FLOATING (Deluxe): A ZeroFault Product License that allows for shared use
on multiple hosts, provided that simultaneous use is coordinated
via a common license server or servers and does not exceed the
total number of authorized licensed operators.
b. NODE-LOCKED (Standard): A ZeroFault Product License that allows for use by
one or more operators on a single designated host, and the number
of authorized simultaneous operators does not exceed the total
number of authorized licensed operators.
4. Warranty
THE WARRANTIES IN THIS AGREEMENT REPLACE ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. TZG DISCLAIMS AND EXCLUDES ALL
OTHER WARRANTIES. IN NO EVENT WILL OUR LIABILITY OF ANY KIND
INCLUDE ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING
LOST PROFITS, LOST DATA, AND THE LIKE EVEN IF WE HAVE KNOWLEDGE OF
THE POTENTIAL LOSS OR DAMAGE TO LICENSEE OR A THIRD PARTY. IN NO
EVENT SHALL THE CUMULATIVE LIABILITY OF TZG TO LICENSEE OR ANY OTHER
PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR
ACTIONS RELATED TO, ARISING FROM, OR BASED UPON THIS AGREEMENT EXCEED
THE LICENSE FEE PAID BY LICENSEE FOR USE OF THE PRODUCT.
THE PRODUCT SUPPLIES AN ALTERNATE EXECUTION ENVIRONMENT FROM THE
UNDERLYING OPERATING SYSTEM AND IS NOT RECOMMENDED FOR PRODUCTION
ENVIRONMENTS AND IF USED IN PRODUCTION ENVIRONMENTS IS AT THE SOLE
RISK OF THE LICENSEE.
TZG DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PRODUCT
WILL MEET LICENSEE'S REQUIREMENTS OR THAT THE PRODUCT WILL BE
ERROR-FREE OR THAT THE PRODUCT HAS A FITNESS FOR A
PARTICULAR PURPOSE.
a. TZG will not be liable for any loss or damage caused
by delay in furnishing a Software Product or any other
performance under this Agreement.
b. TZG's entire liability and your exclusive remedies for our
liability of any kind (including liability for negligence
except liability for personal injury caused solely by our
negligence) for the Software Product covered by this Agreement
and all other performance or non-performance by us under or
related to this Agreement are limited to the remedies specified
by this Agreement. The extent of TZG's liability under this
Agreement shall in no case exceed cumulative license fees paid by
you under this Agreement.
c. 32bit ZeroFault products are not warranted to work on 64bit binaries
or kernels.
d. Some states do not allow the exclusion of implied warranties, so
the above exclusion may not apply to you. This warranty gives you
specific legal rights, and you may also have other rights which
vary from state to state.
5. Termination
This Agreement is effective until terminated. You may terminate it at
any time by destroying the Software Product, including all computer
programs and documentation, and erasing any copies residing on
computer equipment. This Agreement also will terminate if you do not
comply with any terms or conditions of this Agreement. Upon such
termination you agree to destroy the Software Product and erase all
copies residing on computer equipment.
6. General
You are responsible for installation, management and operation of the
Product.
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