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| End User License |
| This Xtreme Soft End-User
License Agreement
("EULA") is a legal agreement between you (either an individual or a
single entity) and Xtreme Soft srl for the software product identified
above, which includes computer software and may include associated
media, bonus software, printed materials, and online or electronic
documentation ("ZipZag"). By installing, copying, or otherwise using
ZipZag, you agree to be bound by the terms of this EULA. If you do not
agree to the terms of this EULA, do not install or use
ZipZag. ZipZag is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. ZipZag is licensed, not sold. 1. Grant of license. This EULA grants you the following rights:
2. Description of other rights and limitations
4. Copyright. All title and copyrights in and to ZipZag (including but not limited to any images, photographs, animations, video, audio, music, text, and scripts incorporated into ZipZag), the accompanying printed materials, and any copies of ZipZag are owned by Xtreme Soft or its suppliers. ZipZag is protected by copyright laws and international treaty provisions. Therefore, you must treat ZipZag like any other copyrighted material except that you may install ZipZag on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying ZipZag. 5. Dual-media software. You may receive ZipZag in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of ZipZag. Limited Warranty Limited Warranty. Xtreme Soft warrants that (a) ZipZag 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 Xtreme Soft shall be substantially as described in applicable written materials provided to you by Xtreme Soft, and Xtreme Soft 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 ZipZag, if any, are limited to ninety (90) days. Customer remedies. Xtreme Soft's and its suppliers' entire liability and your exclusive remedy shall be, at Xtreme Soft's option, either (a) return of the price paid, if any, or (b) repair or replacement of ZipZag that does not meet Xtreme Soft's Limited Warranty and which is returned to Xtreme Soft with a copy of your receipt. This Limited Warranty is void if failure of ZipZag has resulted from accident, abuse, or misapplication. Any ZipZag replacement will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. High risk activities. ZipZag is not fault-tolerant and is not designed, manufactured or intended for use in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of ZipZag could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Xtreme Soft and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XTREME SOFT AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO ZIPZAG, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XTREME SOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE ZIPZAG OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF XTREME SOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, XTREME SOFT'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR ZIPZAG OR U.S.$5.00; PROVIDED, BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Feel free to contact us at anytime regarding this EULA. Download now ZipZag and try it for free for 30 days. Order now ZipZag for only 19.95$!> |