This License Agreement ("Agreement") is a legal agreement between infoZoom,
a company, located at Zeithstr. 119, 53819 Neunkirchen, Germany, and you, the user ("Licensee"),
and is effective the date, Licensee extracts files from the zip-file or otherwise uses the enclosed software jadoZoom.
1. GRANT OF EVALUATION LICENSE
infoZoom grants Licensee a license to evaluate the enclosed software for 30 days, beginning with first usage.
This evaluation license does not give Licensee the right to use the software other than for test purposes.
The evaluation license doesn't give Licensee the right to use the software in any commercial form.
If Licensee wants to continue using the software after the end of the evaluation time, it must purchase a commercial license.
Otherwise it will delete all copies of the Software.
2. COMMERCIAL DEVELOPER LICENSE
A commercial license may be purchased from infoZoom. The purchaser is granted a non-exclusive, non-transferable,
personal and worldwide license to use one copy of the Software in the development of software applications.
This license is for a single individual and not an entire company. Licensee may make a reasonable number of archival copies.
If additional programmers wish to use the Software, additional copies of the Software must be licensed.
This license grant is expressly conditioned upon Licensee's compliance with all of the terms of this Agreement.
The license granted hereunder applies only to the designated version of the enclosed Software.
If the Software is an upgrade, it, and the product that was upgraded, constitute a single copy of the
Software for purposes hereof and the upgrade and product that was upgraded cannot be used by two people at the same time.
3. REDISTRIBUTION RIGHTS
One developer license entitles to either distribute the Software together with one END USER APPLICATION
as detailed in sections 4, 5 and 6 or for use in one instance of a SERVER APPLICATION as detailed in section 6.
One license may not be used for both cases at the same time.
4. END USER APPLICATION
An "end user application" is a specific application program that is licensed to a person or firm for business
or personal use and not with a view toward redistributing the application or any part of the application and
may be either an application that is used by Licensee internally, or an application that is commercially distributed
to end users for their use. A user of an end user application may not redistribute the application or copy it
(other than for archival purposes) and Licensee's license agreement covering the Application Software
must contain restrictions prohibiting redistribution and copying.
5. DISTRIBUTION OF ONLY 1 END USER APPLICATION
Only one (1) end user application may be distributed to end users under this license.
There is no restriction concerning the number of copies of the end user application,
covered by the license: Licensee may distribute as many copies of this end user applications as it wishes.
If Licensee wishes to distribute more than one application, it must commercially license an additional
jadoZoom license for each application it wishes to distribute.
6. REDISTRIBUTION
When distributing the software together with an end user application, Licensee has to strictly follow
the steps outlined in the file readme.txt, which is included with this distribution.
This hase to be done in order to prevent unauthorized use of the software on the target computer
other than together with the end user application of the licensee.
7. SERVER APPLICATION
If jadoZoom is used in a Server Application one license per running Instance of the Server Application is needed.
There is no restriction in the number of clients.
8. SOURCE CODE LICENSE
A Licensee of a commercial developer license may purchase a source code license.
Purchaser of the source code license is granted non-exclusive and nontransferrable rights
to the jadoZoom source code for archival and maintenance purposes.
The source for updates of jadoZoom 1.x will be made available to the Purchaser upon request within short terms after each change.
Changes of the software are documented in the file 'jadoZoom history.txt' which is publicly available from the infozoom web-site.
The purchaser may not disclose the source code or parts thereof to a third party.
9. ENTERPRISE LICENSE
An ENTERPRISE LICENSE is a COMMERCIAL DEVELOPER LICENSE which includes a SOURCE CODE LICENSE.
The ENTERPRISE LICENSE is unlimited with respect to the number of individual programmers using the
Software for development purposes on behalf of the LICENSEE.
The ENTERPRISE LICENSE is unlimited with respect to the number of server applications and
end user applications as long as these applications have been developed by the LICENSEE and are distributed by the LICENSEE.
10. OTHER RESTRICTIONS
Licensee may not use, copy, rent, lease, sell, sublicense, assign or otherwise transfer the Software or any copy,
modification, or merged portion, in whole or in part, except as expressly provided for in this Agreement.
Licensee acknowledges that the Software, in source code form, remains a confidential trade secret of
infoZoom and therefore Licensee agrees that it shall not modify, decompile, disassemble or reverse engineer
the Software or attempt to do so except as permitted by applicable legislation.
Licensee will not develop any product with the Software that provides the user any development capability or
which is generally competitive with the Software.
Licensee will, in its license agreement, restrict customers of the Application Software from copying or
otherwise redistributing the Application Software other than making a reasonable number of archival copies
of the Application Software.
If Licensee wishes to use the Software in a manner prohibited by this Agreement, Licensee should contact
infoZoom to determine whether a special license may be obtained.
11. PROPRIETARY RIGHTS; NOTICES
Except for the limited license granted herein, infoZoom retains exclusive ownership of all
proprietary rights (including all ownership rights, title, and interest) in and to the Software.
Licensee agrees not to represent that infoZoom is affiliated with or approves of Licensee's
Application Software in any way. Except as required hereby, Licensee shall not use
infoZoom's name, trademarks, or any infoZoom designation in association with Licensee's Application Software.
The Application Software will contain the following copyright notice in the "About box": Portions of this
product were created using jadoZoom (c)2000, infoZoom. ALL RIGHTS RESERVED."
12. TERM
The license granted hereby is effective until terminated. Licensee may terminate the license by notifying infoZoom,
without refund, and destroying all copies of the Software in any form. infoZoom may terminate the
license if Licensee fails to comply with any term or condition of this Agreement. Upon such termination,
Licensee shall cease using the Software and cease using or distributing the Application Software containing the Redistributables.
All restrictions prohibiting Licensee's use of the Software and intellectual property provisions relating to
Software running to the benefit of infoZoom will survive termination of the license pursuant hereto.
Termination will not affect properly granted end user licenses of the Application Software distributed by Licensee prior to termination.
13. EXCLUSION OF WARRANTIES
infoZoom offers and Licensee accepts the Software "AS IS." infoZoom does not warrant the Software
will meet Licensee's requirements or will operate uninterrupted or error-free.
ALL WARRANTIES, EXPRESS OR IMPLIED, ARE EXCLUDED FROM THIS
AGREEMENT AND SHALL NOT APPLY TO ANY SOFTWARE LICENSED
UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NONINFRINGEMENT.
14. LICENSEE'S REMEDIES: LIMITATIONS
LICENSEE'S SOLE AND EXCLUSIVE REMEDIES AGAINST infoZoom
ON ANY AND ALL LEGAL OR EQUITABLE THEORIES OF RECOVERY
SHALL BE, AT infoZoom'S SOLE DISCRETION, (A) REPAIR OR REPLACEMENT
OF DEFECTIVE SOFTWARE; OR (B) REFUND OF THE LICENSE FEE PAID BY LICENSEE.
15. NO LIABILITY FOR CONSEQUENTIAL DAMAGES
In no event shall infoZoom be liable for any damages whatsoever
(including, without limitation, damages for loss of business profits, business interruption,
loss of business information or other pecuniary loss) arising out of use of or inability to use the Software,
even if infoZoom or its dealer have been advised of the possibility of such damages.
16. GENERAL
This Agreement shall be interpreted, construed, and enforced according to the laws of the Federal Republic of Germany.
In the event of any action under this Agreement, the parties agree that the courts located in Siegburg,
Germany will have exclusive jurisdiction and that a suit may only be brought in Siegburg, Germany and
Licensee submits itself for the jurisdiction and venue of the courts located in Siegburg, Germany.
This Agreement constitutes the entire agreement and understanding of the parties and may be modified
only in writing signed by both parties.
No officer, salesman, or agent has any authority to obligate infoZoom by any terms, stipulations or
conditions not expressed in the Agreement. All previous representations and agreements, if any,
either verbal or written, referring to the subject matter of this Agreement are void.
If any portion of this Agreement is determined to be legally invalid or unenforceable,
such portion will be severed from this Agreement and the remainder of the Agreement will continue
to be fully enforceable and valid. This Agreement, and the rights hereunder, may not be assigned by
Licensee (whether by oral or written assignment, sale of assets, merger, consolidation or otherwise),
without the express written consent of infoZoom.
Licensee agrees to be responsible for any and all losses or damages arising out of or incurred in connection
with the Application Software. Licensee agrees to defend, indemnify and hold infoZoom harmless from any
such loss or damage (including attorney's fees) arising from the use, operation or performance of the
Application Software or Licensee's breach of any terms of this Agreement. Licensee shall be responsible
for paying all state and federal use, sales or value added taxes, duties or governmental charges,
whether presently in force or come into force in the future, related to the distribution and sale of the
Application Software and will indemnify infoZoom against any claim made against infoZoom relating
to any such taxes or assessments.