Since 1994
Application Systems Design, Development, Training, Support & Support Services
Ready-made Customizable Solutions

About: Policies: Software License

Typical of most computer software, JHZ-CS Solutions are distributed under the terms of an end user license agreement. The terms and conditions are straight forward. Simply put, the terms state when you purchase a JHZ-CS solution, you are actually purchasing a license to access and use the software. There are other important terms such as what is acceptable use and warranty terms. If you have questions, please do not hesitate to contact me directly.

JAMES H. ZISCH - COMPUTER SERVICES
SOFTWARE LICENSE AGREEMENT: EULA (END USER LICENSE AGREEMENT)

THIS IS A SINGLE COPY SOFTWARE LICENSE (END USER LICENSE AGREEMENT) GRANTED BY JAMES H. ZISCH - COMPUTER SERVICES THE LICENSOR, HENCEFORTH REFERRED TO AS JHZ-CS IN THIS DOCUMENT. THIS SOFTWARE LICENSE AGREEMENT IS PART OF ALL JHZ-CS SOLUTION PRODUCTS AS WELL AS ALL COMPONENTS PRODUCED AS A RESULT OR PART OF JHZ-CS SERVICES. THE SOFTWARE AND ALL DOCUMENTATION IS LICENSED TO YOU AS LICENSEE AS END-USER ONLY. THE SOFTWARE IS NOT SOLD.

USE OF THIS SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS IN THE LICENSING AGREEMENT AS SET FORTH BELOW. By downloading, installing and using the software and its accompanying documentation you acknowledge that you have read, understand and agree to abide by the usage agreement below. If you do not agree to the terms described herein, do not download, install, copy or use the software or its documentation in any way without expressed written permission from JHZ-CS.

  1. LICENSE GRANT - JHZ-CS grants you a license to use two copies of the software: 1.) one copy to be installed and executed on an Intranet, Extranet or Internet connected web server (prime installation); and, 2.) one copy (secondary installation) to be installed and executed within a development platform environment within a single server space, or on desktop platform, for use in support of typical development and testing activities of the prime installation. "Use" means loading, installing, configuring and executing within a single server space or development system. All additional copies of the software used must be licensed and maintained separately.

  2. OWNERSHIP - The software and its documentation is owned and copyrighted by JHZ-CS. This license confers neither title nor ownership in the software or documentation and is NOT a sale of any rights in the software or its documentation. You acknowledge and agree JHZ-CS retains exclusive ownership of all copyrights, trademarks, patents and any other intellectual property rights as pertains to the software and its documentation. YOU ARE NOT GRANTED ANY RIGHTS IN THE SOFTWARE OR ITS DOCUMENTATION EXCEPT AS IS GRANTED IN THIS SOFTWARE LICENSE AGREEMENT.

  3. LIMITATIONS AND RESTRICTIONS OF USE - You may neither rent, lease, assign, loan, transfer nor distribute copies of the software to others. You may not copy or post the software or its documentation, or portion(s) thereof, to any electronic bulletin board, news group or similar system. You may create backup copies for the purpose of recovery. BY ACCEPTING THIS AGREEMENT YOU AGREE NOT TO DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, CREATE A DERIVATIVE WORK, MERGE, OR TRANSLATE THE SOFTWARE, ITS DOCUMENTATION OR PORTION(S) THEREOF.

  4. PROTECTING THE SOFTWARE FROM UNAUTHORIZED ACCESS - You agree to exercise all reasonable care and precaution to protect the software from unauthorized access and use, as defined in this software license agreement. Unauthorized access includes viewing and/or copying of the software by any non-licensed user. If you engage an independent contractor to perform maintenance and/or enhancement service to the software, you agree to make them aware of this software license including its terms and conditions and obtain adequate assurance from them that they acknowledge and respect your obligations and responsibilities established under the terms of this agreement. After so doing, the independent contractor is permitted, as your agent, to make modifications to the software in support of your configuration (both primary and secondary installations as described in "LICENSE GRANT" above).

  5. TRANSFER - You may not transfer this software license agreement. Upon transfer all rights granted to you under this agreement immediately become terminated and void. If your company is acquired or merged, license transfer may be permitted following notification to JHZ-CS. A valid transfer must satisfy all terms and conditions described in "EXPORT/IMPORT RESTRICTIONS" below for the transfer to be valid.

  6. TERM AND TERMINATION - This software license is in effective immediately at time of purchase and remains in effect for a period of ten (10) years from date of purchase and may be renewed for a fee (not to exceed the original purchase amount). This software license will automatically terminate upon transfer or upon failure to comply with any condition of this agreement. YOU AGREE THAT UPON TERMINATION YOU WILL EITHER RENEW FOR A FEE OR DESTROY BY PERMANENTLY ERASING ALL COPIES (PRIMARY AND SECONDARY INSTALLATIONS AND BACKUPS) OF THE SOFTWARE AND ITS DOCUMENTATION.

  7. EXPORT/IMPORT RESTRICTIONS - You acknowledge that the laws and regulations of the United States restrict export, re-export and import of certain commodities and technical data of United States origin including software and documentation. You agree that you will not, without prior authorization(s) and permissions as are required, export, re-export or import the software and/or its documentation in any medium without all necessary United States and foreign government licenses and permissions. These restrictions include compliance with any and all prohibitions pertaining to any country subject to United States applicable trade sanctions and individuals or entities controlled by such countries, or to nationals or residents subject to such sanctions, or to any named party or individual on the U.S. Department of Treasury, Office of Foreign Assets Control list of Specially Designated Nationals and Blocked Persons, U.S. Department of Commerce, Bureau of Export Administration Denied Persons List or Entity List. By purchase of this software license and by downloading, installing and/or using of the product(s) you agree to full and complete compliance with these conditions of restriction.

  8. LIMITED WARRANTY - JHZ-CS warrants the software and its documentation is not defective, that the documentation is substantially complete, and that the software functions substantially as documented. JHZ-CS excludes any and all implied warranties of merchantability or fitness for a particular use or that functions contained in the software will meet your requirements or that the operation of the software will be uninterrupted or error free. JHZ-CS limits the end-user's remedy to return of the software and its documentation for replacement only. This limited warranty is void if failure of the software has resulted from accident, abuse or misapplication. This limited warranty is valid for a period of 90 days commencing on the date of purchase of this software license and is extended only to the original licensee of the software.

JAMES H. ZISCH - COMPUTER SERVICES (JHZ-CS)
9021 NIGUEL CIRCLE
HUNTINGTON BEACH, CALIFORNIA 92646-7842 USA
1 (714) 642-7947
sales@jhz-cs.com