Codebook End User License Agreement

CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. YOU ACCEPT AND AGREE TO BE BOUND BY THIS LICENSE BY DOWNLOADING AND INSTALLING THE SOFTWARE. IF YOU DO NOT AGREE TO THIS LICENSE, DO NOT INSTALL THE SOFTWARE AND DESTROY ALL COPIES. WE ARE ONLY WILLING TO LICENSE THE PROGRAM TO YOU UPON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS CONTAINED IN THIS AGREEMENT.

License Grant

“You” means the person or company who is being licensed to use the Software or Documentation. “We,” “us” and “our” means Zetetic LLC.

We hereby grant you a nonexclusive license to install a copy of the Software for your individual personal use on up to 5 computers, for a perpetual term, provided that you have obtained and paid, in full, the fee for the license.

Title

We remain the owner of all right, title and interest in the Software and related explanatory written materials (“Documentation”).

Archival or Backup Copies

You may copy the Software for back up and archival purposes, provided that the original and each copy is kept in your possession and that your installation and use of the Software does not exceed that allowed in the “License Grant” section above.

Things You May Not Do

The Software and Documentation are protected by United States copyright laws and international treaties. You must treat the Software and Documentation like any other copyrighted material—for example, a book. You may not:

  1. copy the Documentation,
  2. copy the Software except to make archival or backup copies as provided above,
  3. modify or adapt the Software or merge it into another program,
  4. cause or permit reverse engineering (unless required by law for interoperability), disassembly, de-compilation, or otherwise make any attempt to discover the source code of the Software,
  5. make the programs available in any manner to any third party,
  6. sublicense, rent, lease or lend any portion of the Software or Documentation,
  7. permit other individuals to use the Software except under the terms listed above,
  8. create derivative works based on the Software,
  9. create, or cause to be created, programs that perform or provide the same or similar functionality as the Software,
  10. remove or modify any program markings or any notice of our proprietary rights,
  11. use the programs to provide third party training,
  12. disclose results of any program benchmark tests without our prior consent, or
  13. use our names, trademarks or logos.

Transfers

You may transfer all your rights to use the Software and Documentation to another person or legal entity provided you:

  1. Transfer this Agreement, the Software and Documentation, including all copies, updates and prior versions to such person or entity,
  2. Retain no copies, including copies stored on computer,
  3. notify us, in writing or via email, of the transfer.

Warranty

THE SOFTWARE ITSELF IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE FURTHER DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, nor to make any additional warranties.

Limited Remedy

IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST DATA OR DATA USE, OR OTHER INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT. OUR ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED THE APPLICABLE PRICE OF A SINGLE SOFTWARE LICENSE.

Term and Termination

This license agreement takes effect upon your use of the software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software and Documentation in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to destroy all copies of the Software and Documentation in your possession.

Confidentiality

The Software contains trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.

Communication

You agree to allow Zetetic to contact you via email for the purposes of communication (e.g. informing you of critical security or functionality updates to the software you use, announcing new products, or updates).

All Sales Final

All sales are final. When you agree to purchase the software your credit card will be charged and the transaction may not be cancelled. Zetetic will not provide refunds for any reason.

General Provisions

  1. This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any prior purchase order, communication, advertising or representation concerning the Software.
  2. This license agreement may be modified only in writing signed by you and us.
  3. In the event of litigation between you and us concerning the Software or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.
  4. This license agreement is governed by the laws of the State of New Jersey. You agree to submit to the exclusive jurisdiction of, and venue in, the courts of New Jersey in any dispute arising out of or relating to this agreement.
  5. 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.
  6. We will not be responsible for providing technical support, phone support, or updates to you for the programs licensed under this agreement.
  7. We reserve the right to audit your use of the Software. You agree to allow us, or our authorized representatives, any and all access to staff, documentation, computer systems, and physical locations necessary to verify the proper use of this software in accordance with our license terms.
  8. If any term of this agreement is found to be invalid or unenforceable, the remaining provisions will remain effective.