THIS END USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU AND THE AUTHOR, JESÚS M. BROCEÑO. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE PRODUCT. IT PROVIDES A LICENSE TO USE THE PRODUCT. BY INSTALLING AND USING THE PRODUCT, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE PRODUCT AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT INSTALL THE PRODUCT.
ZRound Suite is free. You can install and use the program for a non limited period of time. This is a no-cost software but it is neither public-domain nor open source. The author, Jesús M. Broceño, holds all rights and can establish restrictions on the use of the program.
The author of this product hereby grants you a non-exclusive, transferable license to use its software product on the following terms and only for non-commercial purposes. You may use the program on any computer in your possession, make copies of the program; and to distribute the program only in the form originally furnished by the author with no modifications or additions whatsoever.
You may distribute this program under the following conditions:
a) only in the form originally furnished by the author with no modifications or additions whatsoever;
b) in Internet, with no extra conditions like being registered,
c) absolutly free;
d) the name of the author, Jesús M. Broceño, and the official url of the product must appear.
e) media costs associated with the distribution of the program may be recovered.
This program count laps manually or by using the GiroZ or LapZ automated timing and scoring system. Authors of third party software components and documentation incuded in this installation package holds their own rights and the use conditions are under different licenses. You should read carefully those licenses.
The user may not
f) distribute this program in Internet under the condition that user has to register;
g) deactivate the program in any way;
h) apply reverse engineering or any other technique or tool in order to obtain the source code of the program;
i) use the program for any commercial purposes unless you obtain author's prior written consent. Prohibited commercial purposes include, but are not limited to: selling, licensing or renting the program to third parties for a fee; using the program to provide services or products to others for which you are compensated anyway.
j) remove or modify any registered trade mark, logotype, copyright or any notice, inscription, lettering or property label contained into the software or product.
You are solely responsible for all of your costs and expenses incurred in connection with the distribution of the program, and the author shall have no liability, obligation or responsibility therefore. The author shall have no obligation to provide maintenance, support, upgrades or new releases to you or to any distributee of the program.
NO WARRANTY. THE SOFTWARE IS LICENSED FREE OF CHARGE, AND THERE IS NO WARRANTY FOR THE SOFTWARE. THE AUTHOR PROVIDES THE SOFTWARE “AS IS,” AND THE AUTHOR, ITS DISTRIBUTORS AND SUPPLIERS, AND ALL OTHER PERSONS WHO HAVE BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE, DISCLAIM ALL CONDITIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY CONDITIONS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS, QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU AND YOUR DISTRIBUTEES. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU AND YOUR DISTRIBUTEES (AND NOT THE AUTHOR) ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE AUTHOR MAKES NO WARRANTY OF NONINFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL THE AUTHOR, ITS DISTRIBUTORS AND SUPPLIERS, OR ANY OTHER PERSON WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY GENERAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY CHARACTER ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF PROFITS, LOSS OF DATA, OUTPUT FROM THE SOFTWARE OR DATA BEING RENDERED INACCURATE, FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER PROGRAMS, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES OF WHATEVER NATURE, EVEN IF THE AUTHOR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
You and your distributees shall defend, indemnify and hold harmless the author, its distributors and suppliers, and all other persons who have been involved in the creation, production, or delivery of the program, from any claim, demand, liability, damage award, suit, judgment, or other legal action (including reasonable attorney's fees) arising out of your use, distribution, modification, or duplication of the program.
If any provision of this Agreement is held to be unenforceable for any reason, this Agreement shall terminate. This Agreement shall be governed by and construed under Spain law as such law applies to agreements between Spain residents entered into and to be performed within Spain.
The license granted hereunder is effective until terminated by the author. You may terminate it at any time by destroying the program. This license will terminate automatically if you fail to comply with the limitations described above. On termination, you must destroy all copies of the program. The termination of your license will not result in the termination of the licenses of any distributee who have received rights to the program through you so long as they are in compliance with the provisions of this Agreement.
Jesús M. Broceño mail: firstname.lastname@example.org www: www.zround.com
Madrid, August 1st 2006