ZEVO Electronic End User License Agreement
Important - Read before downloading, installing or using.
Notice to User: This End User License Agreement (EULA) is a CONTRACT between you (either an individual or a single entity) and GreenBytes, Inc. ("GreenBytes") which covers your use of
GreenBytes ZEVO Community Edition
and related software components, which may include associated media, printed materials, and "online" or electronic documentation. All such software and materials are referred to here as the "Software Product." If you do not agree to the terms of this EULA, then do not install or use the Software Product. By explicitly accepting this EULA, however, or by installing, copying, downloading, accessing or otherwise using the Software Product, you are acknowledging and agreeing to be bound by the following terms:
1. Usage
This Software Product can be used in conjunction with this free community license for personal, educational and non-commercial development only.
2. Grant of Non-Exclusive License
GreenBytes grants you the right to install and use a single copy of the Software Product only on your computer. You may make copies of the Software Product as needed for backup and archival purposes only.
3. Intellectual Property Rights Reserved by GreenBytes, Inc.
The Software Product is protected by United States and international copyright laws and treaties, as well as other intellectual property laws and treaties. You must not remove or alter any copyright notices on any copies of the Software Product. This Software Product is licensed, not sold. Furthermore, this EULA does not grant you any rights in connection with any trademarks or service marks of GreenBytes. GreenBytes reserves all intellectual property rights, including copyrights and trademark rights.
4. No Right To Transfer
You may not rent, lease, lend or in any way distribute copies of or transfer any rights in the Software Product to third parties without GreenBytes\' written approval and subject to approval by the recipient of the terms of this EULA.
5. Protection, Export Control, Ownership
The Software Product is protected by copyright laws and international copyright treaties and other intellectual property laws and treaties. You may not export, ship, transmit, or re-export the Software Product in violation of any applicable law or regulation, including, without limitation, the Export Administration Regulations issued by the United States Department of Commerce, or any such similar law. GreenBytes retains ownership of the Software Product and the copies of the Software Product provided hereunder.
6. Open Source Code.
The Software Product may contain some original software source code as originally released under the OpenSolaris Common Development and Distribution License (CDDL), as well as modifications to original software source code or previous modifications released under the CDDL. A copy of the CDDL is available on the Company’s website: www.getgreenbytes.com/cddl/. This EULA extends to all proprietary source code and files, but does not cover CDDL original software source code files or modifications made to original software source code files.
7. Prohibition on Reverse Engineering, Decompilation, and Disassembly
You may not reverse engineer, decompile, or disassemble the Software Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
8. Third Party Rights
Any software provided along with the Software Product that is associated with a separate license agreement is licensed to you under the terms of that license agreement.
9. Support Services
GreenBytes may, in its sole discretion, provide you with support services related to the Software Product. Use of any such support services is governed by the Greenbytes policies and programs described in "on line" documentation and/or other GreenBytes-provided materials. Any supplemental software code that GreenBytes provides to you as part of any support services is to be considered part of the Software Product and is subject to the terms and conditions of this EULA. With respect to any technical information you provide to GreenBytes as part of any support services, GreenBytes may use such information for its business purposes, without charge, including for product support and development. GreenBytes will not use such technical information in a form that personally identifies you.
10. Compliance with Applicable Laws
You must comply with all applicable laws regarding use of the Software Product.
11. Termination
Without prejudice to any other rights, GreenBytes may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software Product.
12. NO WARRANTIES
YOU ACCEPT THE SOFTWARE PRODUCT "AS IS" AND GREENBYTES MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GREENBYTES DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, 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. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.
13. LIMITATION OF LIABILITY
THE LIMITATION OF LIABILITY IS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GREENBYTES 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 THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF GREENBYTES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, GREENBYTES’ ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S.$5.00; PROVIDED, HOWEVER, THAT IF YOU HAVE ENTERED INTO A GREENBYTES SUPPORT SERVICES AGREEMENT, GREENBYTES ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
14. Miscellaneous
If any part of this EULA is found void and unenforceable, it will not affect the validity of the balance of this EULA, which shall remain valid and enforceable according to its terms. This is the entire agreement between GreenBytes and You relating to the Software Product and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software Product.
15. Governing Law
This Agreement constitutes the complete agreement between the parties with respect to the Software Program and is governed by the laws of the State of Rhode Island, USA (other than its conflict of law provisions). Any dispute shall be adjudicated in the courts of Rhode Island, US located in Providence, RI, and you agree to be subject to the jurisdiction and venue of those courts for such purpose.
16. Contact Info
If you have any questions about this EULA, or if you want to contact GreenBytes for any reason, please contact GreenBytes:
GreenBytes, Inc. 15 Gray Lane, Ashaway, RI, USA 02804
|