This is a legal agreement between you, the end user, and Eric Isaacson Software (hereinafter referred to via "we", "us", or "our"), governed by the laws of the state of Indiana.
The ZIPKEY product is published in two versions:
The first version (hereinafter referred to as the "Evaluation Version") is an evaluation package, offered on our Web site for free download. This version is distributed in computer files containing "Eval" within their names, and containing the words "EVALUATION VERSION" in ZIPKEY's initial lookup window .
The second version (hereinafter referred to as the "Licensed Version") is the licensed package, made available only to licensed users . The version is distributed in computer files not containing "Eval" within their names, and containing the word "licensed" in ZIPKEY's initial lookup window.
Each package (hereinafter collectively referred to as the "Software") includes programs, data, illustrations, and documentation, every part of which is covered by our copyright, and included under the terms of this license and warranty.
License and Permissions
Evaluation use. We grant you the right to install and use the Evaluation Version on one computer for up to thirty days, after which you must either delete its files from your computer, or purchase the Licensed Version.
Licensed use. We grant you the right to install and use the Licensed Version on the number of computers for the number of years for which you have purchased a license from us.
Copyright. The Software is owned and copyrighted by us. The copyright and all other rights in the Software shall remain with us. You must reproduce any copyright or other notice marked on the Software on all copies you make. All programs, data, illustrations, and documentation are protected by United States copyright law and international treaty provisions. You must treat these materials as you would any other copyrighted software.
Evaluation Copying. We grant you permission to copy the complete, unmodified Evaluation Version, and give it to anyone who agrees to the terms of this Agreement, subject to the following conditions: You must copy and distribute only the self-extracting Zipkey-Eval.EXE file. You may NOT copy and distribute the contained files (Zipkey32.EXE, ZipData, Zipkey.HLP, etc.) in any other form. You must make clear to the recipients the fact that they are receiving evaluation software, not licensed software. You may NOT state or imply to any recipients that the Software is "freeware" or "free". If you include the Evaluation Version as a part of another software package, you may NOT state or imply that ZIPKEY or any of its functionality is included in the purchase of that package, other than on an evaluation basis.
We reserve the right to withdraw the above blanket permission on a case-by-case basis, at our sole discretion. You agree to cease distribution of the Evaluation Version, within 48 hours of our notification to you that we are exercising that right.
Licensed Copying. You may not duplicate, copy or distribute the Licensed Version to more computers than are licensed, except for standard backups. You may not rent or lease the Software. You may transfer the unexpired license of the Software on a nonreversible basis to another person if that person agrees to all the terms of this Agreement. You may NOT distribute or sell the Licensed Version as part of another software package.
Networking. If you have licensed more than one computer, you may place the Software on a Local Area Network, for access by your licensed computers, on condition that all persons with access to your network agree to abide by these terms, and that you take reasonable measures to ensure that the Software is being used only on the number of computers for which it has been licensed, during any given month.
Warranty. We warrant that the Software will perform substantially as specified in its documentation, for a period of 30 days from the date of receipt. We reserve the right to make changes to the specifications of the program and the contents of the documentation without obligation to notify any person or organization of such changes. Any implied warranties are limited to 30 days. Some states do not allow limitations on duration of an implied warranty, so the above limitations may not apply to you.
Liability. Our entire liability and your exclusive remedy shall be, at our option, either the return of the price paid or the replacement of the software that does not meet our Limited Warranty and which is returned to us within the 30 days, with a copy of your receipt. This Limited Warranty is void if failure of the software is due to accident, abuse, misapplication, or complications arising from your choice of hardware or auxiliary software.
Disclaimers. Except as specified above, we disclaim all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the Software. This warranty gives you specific legal rights. You may have other, which vary from state to state.
Damages. In no event shall we or any of our employees be liable for any damages whatsoever, (including without limitation damages for loss of business profits, business interruption, loss of business information, and the like), arising out of the use of or inability to use our products, even if we have been advised of the possibility of damages. Since some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
RESTRICTED RIGHTS: If the Software is acquired by or for the U.S. Government then it is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, or clause 18-52.227-86(d) of the NASA Supplement to the FAR, as applicable. Contractor/manufacturer is Eric Isaacson Software, 416 E. University Street, Bloomington, IN 47401.
This entire package is copyright 1989 - 2004 by Eric Isaacson Software. All rights reserved.