Zipped Image Organizer™
END USER LICENSE AGREEMENT

NOTICE TO USER: This End User License Agreement ('License') is a legal Agreement between YOU, an individual or organization, and Daniel Software, LLC for the Software product identified above ('the SOFTWARE'). BY downloading, copying, installing or using all or any portion of the software you accept all the terms and conditions of this License. If you do not agree to any portion of this License, do not install or use the Software and promptly delete all copies of the Software and any accompanying documentation in your possession.

1. INTELLECTUAL PROPERTY RIGHTS: Daniel Software owns all intellectual property in the Software and the accompanying written materials. The Software is licensed, not sold.

2. USAGE: If you obtained the Software from Daniel Software or one of its authorized suppliers and as long as you comply with the terms of this Agreement, Daniel Software grants you a non-exclusive license to use the Software in the manner and for the purposes described in this License and any accompanying documentation.

2.1 YOU MAY download and install the Software product on up to three (3) computers in a single address, however it can only be used by you on one (1) computer at a time. The Software is 'in use' on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (i.e. hard disk) of that computer.

2.2 YOU MAY make a single copy of the Software solely for backup or archival purposes.

3. RESTRICTIONS

3.1 YOU MAY NOT make a copy of the Software available on a network where it could be used by multiple users at the same time. You may not make the Software available over a network where it could be downloaded by multiple users.

3.2 YOU MAY NOT reverse engineer, decompile or disassemble or otherwise attempt to discover the source code of the Software.

3.3 YOU MAY NOT modify, adapt, translate, or create derivative works from the Software.

3.4 YOU MAY NOT rent, lease, sell, sublicense, assign or transfer your rights in the Software to another individual or legal entity.

4. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU 'AS IS,' WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. DANIEL SOFTWARE AND DANIEL SOFTWARE'S LICENSORS (COLLECTIVELY DANIEL SOFTWARE FOR PURPOSES OF THIS SECTION AND SECTION 5) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. DANIEL SOFTWARE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARE WILL BE INTEROPERATE OR THAT THE SOFTWARE WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY DANIEL SOFTWARE OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

5. LIMITAION OF LIABILITY

5.1 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL DANIEL SOFTWARE, ITS SUBSIDIARIES OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS LICENSE OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT DANIEL SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IN NO EVENT SHALL DANIEL SOFTWARE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (EXCEPT AS MAY BE REQUIRED UNDER APPLICABLE LAW) EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE.

5.2 LIMITATION OF LIABILITY IS A MATERIAL TERM OF THIS LICENSE. YOU AGREE THAT THE PROVISIONS IN THIS LICENSE THAT LIMIT LIABILITY ARE ESSENTIAL TERMS OF THIS LICENSE. THE FOREGOING LIMITATIONS OF LIABILITY APPLY EVEN IF ANY REMEDIES DESCRIBED IN THIS LICENSE FAIL IN THEIR ESSENTIAL PURPOSE.

5.3 SEVERABILITY AND SURVIVAL. IF ANY PROVISION OF THIS LICENSE IS ILLEGAL OR UNENFORCEABLE UNDER APPLICABLE LAW, THE REMAINDER OF THE PROVISION SHALL BE AMENDED TO ACHIEVE AS CLOSELY AS POSSIBLE THE EFFECT OF THE ORIGINAL TERM AND ALL OTHER PROVISIONS SHALL CONTINUE IN FULL FORCE AND EFFECT.

GOVERNING JURISDICTION

In the event of any dispute regarding the terms and conditions of this Agreement, you agree that the laws of the State of Illinois will govern the interpretation of the Agreement.

Copyright © 2015 Daniel Software, LLC. All rights reserved.

http://www.danielsoft.com