BY INSTALLING THIS PROGRAM, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT AND ARE CONSENTING THAT YOU AGREE TO ALL OF THE TERMS OF THIS AGREEMENT.
ZBSERVER PRO (SHAREWARE VERSION 1.5) END USER LICENSE AGREEMENT
REDISTRIBUTION OF UNREGISTERED VERSION PERMITTED
You may use the accompanying software product ("Software") for non-commercial and for educational use for FREE for a period of 60 days.
THE CATCH IS...
The following tag line will be put at the bottom of each page served out by this program:
This page was served out by ZBSoft's ZBServer Pro
With a link to http://www.zbserver.com/
If you wish to remove the tag line, you can register this shareware version (current price for ZBServer Pro is $69.95).
This product is the full 32-bit, multi-threaded version with all features turned on, however some features are limited. After registering, this product can be used for commercial use and for heavy loads (thousands of hits a day).
** Registering the shareware version will remove the tag line, remove the startup wait screen, enable more users and enable more shared folders; no other new features will be added. **
Free technical support for registered users is provided via e-mail (support@zbserver.com) and on our web server (http://www.zbserver.com). Currently there is no phone support for this product, but check under the "contacts" section of the web server for the latest info.
The Software license and keys (for ZBServer Personal and Pro versions) may be purchased from BMT Micro who can be reached at (800) 414-4268. Inquiries may be directed to orders@bmtmicro.com. See the web page http://www.wilmington.net/bmtmicro/
If you purchase a software license and key(s), you may use each key to register only one copy of the Software and you may use the registered Software on only one single computer at a time.
This Software may be stored on a network server, but separate keys must be purchased for each copy of the Software that is to be run concurrently. Methods must be used to insure that the total number of copies of the Software concurrently running does not exceed the number of software license keys purchased.
You may not: permit other individuals to use the Software except under the terms listed above; modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software; copy the Software (except for back-up purposes); rent, lease, transfer or otherwise transfer rights to the Software; or remove any proprietary notices or labels on the Software.
TITLE. Title, ownership rights, and intellectual property rights in and to the Software shall remain with ZBSoft Corp. and/or his suppliers. The Software is protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights, and intellectual property rights in and to the content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright or other law. This License gives you no rights to such content.
DISCLAIMER OF WARRANTY. The Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not ZBSoft Corp. assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of the agreement. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL ZBSOFT OR ZBSOFT'S SHAREHOLDERS OR ITS SUPPLIERS OR DISTRIBUTORS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL ZBSOFT OR ZBSOFT'S SHAREHOLDERS BE LIABLE FOR ANY DAMAGES IN EXCESS OF ZBSERVER'S LIST PRICE FOR A LICENSE TO THE SOFTWARE, EVEN IF ZBSOFT OR ZBSOFT'S SHAREHOLDERS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
TERMINATION. This license will terminate automatically if you fail to comply with the limitations described above. On termination, you must destroy all copies of the Software.
EXPORT CONTROLS. None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
MISCELLANEOUS. This Agreement represents the complete agreement concerning this license between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. In the event a provision cannot be reformed, it will be severable from the remainder of the agreement.
THIS AGGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TENNESSEE AND SHALL INURE TO THE BENEFIT OF ZBSOFT AND ZBSOFT'S SHAREHOLDERS AND ANY SUCCESSORS, ADMINISTRATORS, HEIRS, AND ASSIGNS. ANY ACTION OR PROCEEDINGS BROUGHT BY EITHER PARTY AGAINST THE OTHER ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE BROUGHT ONLY IN A STATE OR FEDERAL COURT OF COMPETENT JURISDICTION LOCATED IN WEST OR MIDDLE TENNESSEE. THE PARTIES HEREBY CONSENT TO IN PERSONAM JURISDICTION OF SAID COURTS.
U.S. Government Restricted Rights. Use, duplication or disclosure by the Government is subject to the usual restrictions for software of this type. Contractor/ manufacturer is ZBSoft Corp., Madison, Indiana.
