ZX2C4 Software Legal Agreement
This software (the "Program") is provided by Jason A. Donenfeld (“ZX2C4 Software”) subject to your compliance with the terms and conditions set forth below. Please read this document carefully before accessing or using the Program. By accessing or using the Program, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the Program.
ZX2C4 Software may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the Program. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the Program shall be deemed your conclusive acceptance of the modified agreement.
Copyright, Licenses and Idea Submissions.
The entire contents of the Program are protected by international copyright and trademark laws. The owners of the copyrights and trademarks are ZX2C4 Software and its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, QUOTE FROM, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE IN ANY MANNER THE MATERIAL ON THE PROGRAM, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Program solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to ZX2C4 Software a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to ZX2C4 Software by any and all means (e.g. in writing or by e-mail) and in any media now known or hereafter developed. You also grant to ZX2C4 Software the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against ZX2C4 Software for any alleged or actual infringement or misappropriation of any proprietary right in your communications to ZX2C4 Software. Any software available on this site is available exclusively for personal, non-commercial usage.
Publications, products, content or services referenced herein or on the Program are the exclusive trademarks or service marks of ZX2C4 Software. Other product and company names mentioned in the Program may be the trademarks of their respective owners.
2. Use of the Program.
You understand that, except for information, products or services clearly identified as being supplied by ZX2C4 Software, ZX2C4 Software does not operate, control or endorse any information, products or services on the Internet in any way. Except for ZX2C4 Software-identified information, products or services, all information, products and services offered through the Program or on the Internet generally are offered by third parties that are not affiliated with ZX2C4 Software. You also understand that ZX2C4 Software cannot and does not guarantee or warrant that files available for downloading through the Program will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Program for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PROGRAM AND THE INTERNET. ZX2C4 Software PROVIDES THE PROGRAM AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND ZX2C4 Software SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALL. ZX2C4 Software DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. ZX2C4 Software HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
3. LIMITATION OF LIABILITY.
IN NO EVENT WILL ZX2C4 Software BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF ZX2C4 Software OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, ZX2C4 Software LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
ZX2C4 Software makes no representations whatsoever about any other web Program that you may access through this Program or that may link to this Program. When you access a non-ZX2C4 Software web Program, please understand that it is independent from ZX2C4 Software, and that ZX2C4 Software has no control over the content on that web Program. In addition, a link to a ZX2C4 Software web Program does not mean that ZX2C4 Software endorses or accepts any responsibility for the content, or the use, of such web Program.
You agree to indemnify, defend and hold harmless ZX2C4 Software, its officers, directors, managers, members, employees, agents, licensors, suppliers and any third party information providers to the Program from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you.
5. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 4 (Indemnification) are for the benefit of ZX2C4 Software and its officers, directors, managers, members, employees, agents, licensors, suppliers and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
6. Term; Termination.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 4 (Indemnification), 5 (Third Party Rights), and 7 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in the United States of America. You agree that any legal action or proceeding between ZX2C4 Software and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America. Any cause of action or claim you may have with respect to the Program must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. ZX2C4 Software’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. ZX2C4 Software may assign its rights and duties under this Agreement to any party at any time without notice to you. The text of http://chat.jasondonenfeld.com/index.php is licenced under the GFDL.
Any rights not expressly granted herein are reserved.
Copyright © 2004 - 2006 Jason A. Donenfeld. All Rights Reserved.