Macintosh Trial Version of ZFrame Wireless
In order to download the trial version of the ZFrame browser you must agree to the ZFrame Trial License Agreement. Downloading the file constitutes full agreement with the license described below.
ZFRAME PRODUCT TRIAL AGREEMENT
THE TERMS AND CONDITIONS CONTAINED HEREIN CONSITUTE A LEGAL AGREEMENT. IF YOU ARE ACTING ON BEHALF OF YOUR COMPANY, IN ORDER TO ENTER YOUR COMPANY INTO THIS AGREEMENT YOU MUST BE FULLY AUTHORIZED BY YOUR COMPANY TO ENTER IT INTO BINDING LEGAL AGREEMENTS. IF YOU DON'T KNOW IF YOU HAVE SUCH AUTHORITY, CHECK WITH YOUR MANAGER OR LEGAL ADVISORS. PLEASE ACKNOWLEDGE THAT YOU HAVE THE REQUISITE AUTHORITY TO ENTER YOUR COMPANY INTO THIS AGREEMENT, OR INDICATE THAT YOU ARE ACTING AS AN INDIVIDUAL ON YOUR OWN BEHALF, BY SELECTING THE APPROPRIATE RADIO BUTTON BELOW. THIS AGREEMENT (THE "AGREEMENT") CONTAINS THE ENTIRE AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND ZFRAME WITH RESPECT TO THE TERMS AND CONDITIONS DESCRIBED HEREIN.
READ THIS AGREEMENT CAREFULLY BEFORE YOU CLICK ON THE "I ACCEPT" BUTTON BELOW. BY CLICKING ON THE "I ACCEPT" BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL MODIFICATIONS AND ADDITIONS PROVIDED FOR. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, CLICK ON THE "I DO NOT ACCEPT" BUTTON BELOW AND INSTALLATION WILL TERMINATE.
You are hereby granted a limited, nonexclusive, nontransferable license (the "License") (1) to install one copy of the ZFrame client browser software on one personal digital assistant (PDA) for which the software was designed, and (2) to use this software and any updates or upgrades provided ZFrame and any associated user manuals and documentation delivered by ZFrame (collectively as to such software and documentation, the "Product") solely for the trial and evaluation of the Product. This License shall continue for a period of sixty (60) days from this date (the "Evaluation Period"). This License does not permit you to use the Product for any purpose other than as expressly permitted by this Agreement. At the end of the Evaluation Period or upon the request of ZFrame, whichever is earlier, you will promptly remove all coding and other vestiges of the Product from your computer systems and make no further use whatsoever of the Product or of any Confidential Information (as defined below), except to the extent that may be permitted under any subsequent agreements between you and ZFrame. Upon completion of the Evaluation period or upon the request of ZFrame, you shall provide ZFrame with information regarding the results of the trial, in a format and level of detail reasonably requested by ZFrame.
2. OWNERSHIP OF THE PRODUCT
You acknowledge that the Product, and all copyrights, trademarks, and other intellectual property rights in the Product, are owned by ZFrame; that the Product is protected under U.S. copyright law, which provides substantial damages for unauthorized copying, adaptation, or distribution of a work of authorship; and that you acquire no ownership of the Product from this Agreement and no right to use the Product beyond the Evaluation Period. You agree to not remove from, and to reproduce on any permitted copies of, the Product all titles, trademarks, and copyright and other proprietary or restrictive legends or notices. YOU MAY NOT SUBLICENSE, ASSIGN OR TRANSFER THIS LICENSE, OR USE, COPY, DISPLAY, MODIFY OR TRANSFER ALL OR ANY PART OF THE PRODUCT OR ANY PORTON OR COPY THEREOF, EXCEPT AS EXPRESSLY AUTHORIZED BY THIS AGREEMENT. You specifically agree not to decompile or reverse engineer the Product at any time during or after the Evaluation Period.
3. CONFIDENTIAL INFORMATION
You acknowledge that the Product (including the associated documentation) constitutes and contains valuable confidential and trade secret information of ZFrame. You acknowledge that the unauthorized reproduction or distribution of the Product could cause serious and irreparable harm to ZFrame and, as an essential term and condition of being granted this License, you will:
(a) not copy or reproduce the Product or any portions thereof, except as reasonably necessary for the evaluation contemplated herein or reasonably required for backup purposes;
(b) take all reasonable precautions to prevent unauthorized or improper use of the Product, including the storage of the media containing copies of the Product in a manner so as to reasonably preclude unauthorized access thereto; and
(c) not allow copies of the Product or any portion thereof to leave your premises except as installed on your PDA (thus, without limitation, you will not transmit the Product or any portions thereof over the Internet nor electronically transfer from one PDA to another device except for legitimate backup purposes).
If you are a company you agree to take all reasonable steps to see that your employees, officers, and agents act in accordance with the confidentiality provisions of this Agreement. Because unauthorized transfer of the Product will diminish substantially the value of ZFrame's trade secrets and proprietary properties that are subject to the License, IF YOU BREACH YOUR OBLIGATIONS UNDER THIS SECTION 3 OR UNDER SECTION 2, ZFRAME SHALL BE ENTITLED TO REMEDIES WHICH MAY INCLUDE, WITHOUT LIMITATION, EQUITABLE RELIEF (INCLUDING ORDERS FOR SPECIFIC PERFORMANCE AND INJUNCTIONS),.
4. WARRANTY AND LIABILITY LIMITATIONS
You acknowledge that the Product is a pre-production trial version which has not been released for commercial sale and use and is being provided to you and a limited number of other parties for trial and evaluation purposes only. Accordingly you acknowledge that the Product may have errors and may produce unexpected results and agree that any use of the Product will be entirely at your own risk. You agree to backup data and take other appropriate measures to protect your programs and data. You agree not to allow any third party to use the Product and to indemnify and hold ZFrame harmless from any damages or claims arising from use by any third party that received or copies a copy of the Product, directly or indirectly, from you. THE PRODUCT AND ANY SUPPORT FROM ZFRAME ARE PROVIDED "AS IS" AND WITHOUT WARRANTY, EXPRESS OR IMPLIED. ZFRAME SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL ZFRAME BE LIABLE FOR ANY DAMAGES, REGARDLESS OF THE FORM OF ACTION, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM IMPAIRED OR LOST DATA, SOFTWARE OR COMPUTER FAILURE OR ANY OTHER CAUSE, EVEN IF ZFRAME IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY OTHER CLAIM BY YOU OR FOR ANY THIRD PARTY CLAIM. Some jurisdictions do not permit the disclaimer of warranties or the exclusion of consequential damages, so these disclaimers and limitations may not apply to you.
6. TEST INFORMATION
The contents and expression of all oral and written reports made by you to ZFrame, together with any other materials, information, ideas, concepts, and know-how provided by you relating to the Product, shall become the property of ZFrame and may be used by ZFrame for any business purpose it may choose. Under no circumstances shall ZFrame be liable for any payment to you for any such report or information.
7. LICENSES TO U.S. GOVERNMENT
This paragraph applies to all acquisitions of the Product by or for the federal government, or by any prime contractor or subcontractor (at any tier) under any contract, grant, cooperative agreement or other activity with the federal government (collectively, the "Government"). By clicking "I ACCEPT" below, you are agreeing on behalf of the Government that the Product and any documentation related thereto are respectively "commercial computer software" and "commercial computer software documentation" within the meaning of the acquisition regulation(s) applicable to this procurement. The terms and conditions of this Agreement and any Master Agreement alone shall govern the Government's use of the Product, and shall supersede any conflicting contractual terms or conditions. If the license granted by this Agreement or any Master Agreement fails to meet the Government's needs or is inconsistent in any respect with Federal law, the Government must return the Product unused to ZFrame.
8. GENERAL PROVISIONS
No agency, partnership, joint venture, or other joint relationship is created by this Agreement. ZFrame may enter into the same or similar Agreements with others. All "notices" under this Agreement shall be in writing and sent to you at the email address provided by you, to ZFrame at the address set forth below, or to other then-current address specified by effective notice, via certified mail or other means that provides proof of delivery. Notices to ZFrame should be sent to the following address:
1. Landmail: ZFrame, Inc., 28 Concolor Avenue, Newton, MA 02458
2. Email: service@ZFrame.com
You may not assign, sell, or otherwise transfer to any other party this Agreement, the License, or any material items furnished under this Agreement, without ZFrame's written consent. The failure of a party to exercise any right shall not be deemed a waiver of any further or future right. This Agreement is the exclusive statement of the parties' agreement and supersedes all prior agreements, proposals and representations, written or oral, relating to its subject matter. No provision may be modified except in a writing signed by both parties. No provision of any purchase order or other instrument issued by you in connection with this Agreement that is in addition to or inconsistent with this Agreement shall bind ZFrame. The export of the Product from the United States and re-export from any other country is governed by the U.S. Department of Commerce under the export control laws and regulations of the United States and by any applicable law of such other country, and the Product shall not be exported or re-exported in violation of any such laws or regulations. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts USA, which shall be the exclusive jurisdiction for any disputes arising in relation to this Agreement; and Customer hereby expressly submits to the jurisdiction of Massachusetts for this purpose. If any part of this Agreement is deemed invalid or unenforceable, the remainder shall be unaffected. Please indicate that you understand and accept the terms and conditions of this Agreement by clicking the "I Accept" button below. If you do not accept, installation will terminate.