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END USER LICENSE AGREEMENT. G & Z Systems, Inc. ("GZ") The term "PROGRAM" as used herein refers to the following GZ products and their documentation: BackCheck and Aunty BackCheck. CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS REGARDING YOUR USE OF THE PROGRAM, INCLUDING ITS CODE AND DOCUMENTATION BEFORE USING THE PROGRAM. BY CHOOSING THE "I ACCEPT THE TERMS IN THE LICENSE AGREEMENT" OPTION BELOW AND/OR BY SIGNING THIS AGREEMENT AND/OR BY INSTALLING THE PROGRAM, YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT. 1. GZ PROVIDES YOU WITH ONE COPY OF THE PROGRAM AND LICENSES THE PROGRAM TO YOU PURSUANT TO THE TERMS OF THIS AGREEMENT. (a) The PROGRAM is provided solely for your nonexclusive, internal, limited use on the computer(s) you identify in the PROGRAM's applicable registration form, subject to the usage limitations set forth herein. You may NOT exceed the applicable Usage Limitation. If you fail to complete the registration form, your use is limited to one user on one single computer and if you fail to pay the appropriate license fees you shall immediately terminate your use of the PROGRAM. You may receive support only if you pay GZ's applicable support fee and execute the appropriate GZ documentation. (b) If the PROGRAM is an evaluation, trial, or demonstration (demo) version; you agree to use the PROGRAM solely for evaluation purposes, in accordance with usage restrictions set forth in Section 1(a), for the fifteen-day evaluation period. At the end of the evaluation period, you agree to return to GZ all copies or partial copies of the PROGRAM or certify to GZ that all copies or partial copies of the PROGRAM have been destroyed from your computer libraries and/or storage devices, unless you otherwise continue to license the PROGRAM from GZ under a separate agreement. You agree and acknowledge that the PROGRAM will not operate after the expiration of the evaluation period, unless you otherwise license the PROGRAM from GZ under a separate agreement and agree to pay to GZ the applicable fees for such use. Except as otherwise authorized in writing by GZ you are limited to a single evaluation period of fifteen days. (c) If the PROGRAM is a beta version and not generally available to date, GZ does not guarantee that the generally available release will be identical to the beta program or that the generally available release will not require reinstallation. You agree that if you register for support or if otherwise required by GZ, you shall provide GZ with specific information concerning your experiences with the operation of the PROGRAM. You shall terminate your use of the PROGRAM immediately upon notice from GZ as well as removing the PROGRAM from all systems and destroying any copies in your possession. You should not utilize a beta version in a production environment. (d) You may copy the PROGRAM solely for backup or archival purposes. The PROGRAM is a trade secret of GZ and is confidential information of GZ and its licensors. You agree to keep the PROGRAM strictly confidential and not to disclose the PROGRAM nor allow anyone to have access to the PROGRAM other than your authorized employees. Title to the PROGRAM and all changes, modifications and derivative works thereto shall remain with GZ and its licensors. The PROGRAM is protected by copyright, patent, trademark and other laws and international treaties. (e) No components of the PROGRAM may be used outside the scope of the PROGRAM. No components of the PROGRAM may be used for development purposes. (f) Your use of the PROGRAM is limited to your internal business purposes. You may not sublicense, rent, or timeshare the PROGRAM. You may not utilize the PROGRAM for facility management or service bureau purposes. (g) GZ (or its licensors) retains ownership of all intellectual property rights (including but not limited to patents, copyrights, trademarks, trade names, trade secrets, and domain names) in and relating to the PROGRAM and all customizations, enhancements, improvements, translations, derivative works, or other modifications thereof and thereto. The PROGRAM and all other proprietary information provided by GZ to you hereunder contain and constitute trade secrets, information and data proprietary to and copyrighted by GZ (or its licensors). (h) Continued use of the PROGRAM may require license codes. GZ reserves the right to provide temporary license codes until such time that all fees due GZ have been paid in full. The generation of license codes may require you to provide machine specific information to GZ. 2. Without the prior written consent of GZ, you may not: (a) transfer, assign, use, copy, distribute or modify the PROGRAM, in whole or in part, except as expressly permitted in this agreement; (b) translate, modify, adapt, enhance, extend, decompile, disassemble, reverse assemble or otherwise reverse engineer the PROGRAM, except as expressly permitted under applicable law; or (c) remove or alter any of the copyright notices or other proprietary markings on any copies of the PROGRAM. 3. GZ may immediately terminate this agreement in the event of any failure to comply with any of the terms of this agreement. Such termination shall be in addition to and not in lieu of any criminal, civil or other remedies available to GZ. 4.(a) You acknowledge: (i) that the PROGRAM is dependant upon the content and format of log files produced by third party software and as such may be rendered ineffective or useless should the content and format of the log files change or contain defects; (ii) that specific versions of the PROGRAM are designed to work with specific versions of the third party software, a list of which is provided on the web site http://www.g-and-z.com/aunty/backcheck ; (iii) that some log files may not be processed correctly or at all. (b) GZ warrants that the then current, unmodified version of the PROGRAM will perform substantially in accordance with the then current version of its published documentation for a period of ninety (90) days after delivery to you. If it is determined that the PROGRAM does not perform as warranted, GZ's only responsibility will be to use reasonable efforts, consistent with industry standards, to cure the defect. GZ does not represent that the PROGRAM is error-free or will satisfy any or all of your requirements. The warranties in this Section will not apply if any part of the PROGRAM (i) is modified or altered by you or any party other than GZ, (ii) is used with equipment not listed in the applicable registration form, or (iii) is not the then current version. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, AND WHETHER ARISING UNDER THIS AGREEMENT OR OTHERWISE ARE HEREBY EXCLUDED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GZ SHALL NOT BE BOUND BY OR LIABLE FOR ANY REPRESENTATIONS OR WARRANTIES, WHETHER WRITTEN OR ORAL, WITH RESPECT TO THE PROGRAM MADE BY ANY OTHER PARTY INCLUDING DEALERS OR RESELLERS OF GZ. IN NO EVENT WILL GZ OR ITS LICENSORS BE LIABLE FOR ANY LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING TIME, MONEY, GOODWILL AND ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM EVEN IF GZ HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. 5. You acknowledge that the PROGRAM is provided with "Restricted Rights" as defined in the United States Federal Acquisition Regulations. Use, duplication or disclosure by the Government is subject to the restrictions set forth in 48 C.F.R. § 12.212, 48 C.F.R. § 52.227-19(c)(1) and (2) or DFARS § 252.227-7013(c)(1)(ii), or such applicable successor provisions. GZ is the manufacturer of the PROGRAM. This Agreement shall be construed according to and governed by the laws of the State of New York. You are required to observe the relevant US Export Administration Regulations and other applicable regulations. Outside the United States, no product support services, if available, will be offered by GZ without a proof of purchase or license from an authorized source. Any questions concerning this license should be referred to G & Z Systems, Inc., 22 Saw Mill River Road, Hawthorne, NY 10532 USA. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT AND BY CLICKING THE "I AGREE" BUTTON, AND/OR SIGNING BELOW, AND/OR BY INSTALLING THE PROGRAM, YOU ACCEPT ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT AND THE INFORMATION SET FORTH ON THE REGISTRATION FORM CONSTITUTE THE COMPLETE AGREEMENT BETWEEN US REGARDING THIS SUBJECT MATTER AND THAT THEY SUPERSEDE ANY INFORMATION YOU HAVE RECEIVED RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, EXCEPT IF THIS AGREEMENT IS SUPERSEDED IN ITS ENTIRETY BY ANOTHER WRITTEN AGREEMENT, EXECUTED BY BOTH YOU AND GZ, GRANTING YOU A LICENSE TO USE THE PROGRAM. THIS AGREEMENT MAY ONLY BE AMENDED BY A WRITTEN AGREEMENT SIGNED BY AUTHORIZED REPRESENTATIVES OF BOTH PARTIES. Agreed: Company: G & Z Systems, Inc. Signed: Print: Date: Address: 22 Saw Mill River Road Hawthorne, NY 10532 USA Phone: 914-345-5600 Email: email@example.com
the terms in the license agreement
I Do Not Accept
G & Z Systems, Inc.
· 22 Saw Mill River Rd. · Hawthorne, NY 10532
- (914) 345-5600