JBuddy Messenger License Agreement
You have chosen to download Zion Software's JBuddy Messenger IM client.
Please review the Software License Agreement below. You must accept
the agreement in order to proceed with the download.
JBuddy Messenger Software International License Agreement
THIS AGREEMENT IS A LEGAL DOCUMENT. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT WISH TO DO SO, DO NOT COMPLETE THE INSTALLATION PROCESS AND DESTROY ALL COPIES OF THE SOFTWARE ON YOUR COMPUTER.
The following definitions apply within this License Agreement.
"Zion" means Zion Software, LLC.
"Software" means the JBuddy Messenger software, and all programs supplied by Zion herewith, and any and all updates thereto.
"License Key" means the special alpha-numeric code available for purchase from Zion Software that will unlock additional features within the Software.
"Restricted Software" means the Software used in FREE form, without installing a License Key.
"License Enabled Software" means the Software used with License Key.
This License Agreement grants you permission to:
You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software. At this time, this Agreement does not grant special rights, priviledges or permission to access the IM services, nor does the license fee you may have paid for this License grant such rights. If in the future, 'access and usage fees' are assessed by the IM service providers for accessing and using their IM networks, Zion may at it's own discretion pass along associated fees to you with written notice. If at such time you choose not to pay the 'access and usage fees', you agree to terminate your use of the IM service for which the 'access and usage fees' are assessed within 30 days written notice by Zion.
Install and use the Restricted Software on one or more computers. Install a License Key purchased from Zion Software on one or more copies of the Software so long as the total number of copies of License Enabled Software does not exceed the number of client License Keys purchased.
Make one copy of the Software in machine-readable form solely for backup purposes.
You agree to implement reasonable controls to ensure that your use of any License Keys or License Enabled Software does not exceed the number of client licenses you have purchased. You understand and agree that the Software may transmit certain information pertaining to the Software and its use and operation to Zion Software electronically and automatically. For example, the Software may transmit diagnostic information regarding the performance of the Software and the hardware configuration that the Software is being run on to Zion Software. Any information received by Zion Software from this transmission will be used by Zion Software solely for the purposes of diagnosing and correcting errors in the Software, monitoring compliance with this Agreement, and assessing usage-based charges should the IM service providers begin to assess usage-based charges.
4. License Restrictions
Other than as set forth in Section 2, you may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. You may not rent, lease or sublicense the Software. You may not modify the Software or create derivative works based upon the Software. You may not export the Software into any country prohibited by the United States Export Administration Act and the regulations thereunder.
5. Upgrades, Support and Maintenance
If this copy of the Software is an upgrade from an earlier version of the Software, it is provided to you on a license exchange basis. You agree by your installation and use of this copy of the Software to voluntarily terminate your earlier end-user license and that you will not continue to use the earlier version of the Software nor transfer it to another. User support and software maintenance is not included in this Software Agreement unless otherwise stated by Zion as part of a separate Support and Maintenance Agreement.
The foregoing license gives you limited rights to use the Software according to Section 2. Although you own the media on which the Software is recorded, you do not become the owner of, and Zion retains title to, the Software and all copies thereof. All rights not specifically granted in this Agreement, including Federal and International Copyrights and Trademarks, are reserved by Zion.
7. No Warranty
SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED, ZION SOFTWARE MAKES NO WARRANTIES OR CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTY OF NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING JBUDDY MESSENGER OR TECHNICAL SUPPORT, IF ANY.
The exclusion also applies to any of Zion Software's subcontractors, suppliers, or program developers (collectively called "Suppliers"), Manufacturers, suppliers, or publishers of non-Zion Software Programs may provide their own warranties.
9. Limitation of Liability
NEITHER ZION SOFTWARE NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR ANY INCIDENTAL, SPECIAL, OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES, EVEN IF ZION SOFTWARE IS INFORMED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
10. Basis of Bargain
The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the agreement between Zion and you. Zion would not be able to provide the Software on an economic basis without such limitations.
11. (USA only) Government End Users RESTRICTED RIGHTS LEGEND
This software is "Restricted Computer Software." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable. Manufacturer: Zion Software, LLC, 2842 Main Street, Suite 325, Glastonbury, CT 06033.
12. (Outside of the USA only) Consumer End Users
The limitations or exclusions of warranties and liability contained in this agreement do not affect or prejudice the statutory rights of a consumer; i.e., a person acquiring goods otherwise than in the course of a business.
This Agreement shall be governed by the internal laws of the State of Connecticut, USA. This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. All questions concerning this Agreement shall be directed to Zion Software, LLC, 2842 Main Street, Suite 325, Glastonbury, CT 06033, USA, Attention: General Counsel.