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END USER LICENSE AGREEMENT

CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. BY CLICKING ON THE "I ACCEPT THE TERMS OF THE LICENSE AGREEMENT" LINK, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD THE FILE.

LICENSE GRANT

The link includes a (“Download File”) and may contain electronic text, graphics, audio, or other resources (“Content”) and related explanatory written materials ("Documentation"). "You" means the person or company who is being licensed to use the Download File, Content and Documentation. "We" and "us" means Zoe Technologies, Inc.

We hereby grant you a nonexclusive license to use one copy of the Download File on any single computer, provided the Download File is in use on only one computer at any time. The Download File is "in use" on a computer when it is loaded into temporary memory (RAM) or installed into the permanent memory of a computer--for example, a hard disk, CD-ROM or other storage device.

If the Download File is permanently installed on the hard disk or other storage device of a computer (other than a network server) and one person uses that computer more than 80% of the time, then that person may also use the Download File on a portable or home computer.

TITLE

We remain the owner of all rights, title and interest in the Download File. Ownership of the Content and Documentation remains with Copyright holders.

ARCHIVAL OR BACKUP COPIES

You may either:

- make one copy of the Download File solely for backup or archival purposes, or

- transfer the Download File to a single hard disk, provided you keep the original solely for backup or archival purposes.

THINGS YOU MAY NOT DO

The Download File, Content, and Documentation are protected by United States copyright laws and international treaties. You must treat the Download File, Content, and Documentation like any other copyrighted material--for example a book. You may not:

- copy the Content or Documentation,

- copy the Download File, Content or Documentation except to make archival or backup copies as provided above,

- modify or adapt the Download File or merge it into another program,

- place the Download File, Content or Documentation onto a server so that it is accessible via a public network such as the Internet,

- sublicense, rent, lease or lend any portion of the Download File, Content, or Documentation, or

- reverse engineer, disassemble, decompile or make any attempt to circumvent the digital copyright protection of the Download File, Content or Documentation.

TRANSFERS

You may transfer all your rights to use the Download File, Content, and Documentation to another person or legal entity provided you transfer this Agreement, the Download File, the Content, and Documentation, including all copies, update and prior versions to such person or entity and that you retain no copies, including copies stored on computer.

WARRANTY

To the extent permitted by applicable law, THIS ("DOWNLOAD FILE") IS PROVIDED TO YOU ("AS IS")) WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, nor to make any additional warranties.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE DOWNLOAD FILE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

TERM AND TERMINATION

This license agreement takes effect upon your use of the Download File and remains effective until terminated. You may terminate it at any time by destroying all copies of the Download File, Content and Documentation in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to either return to us or destroy all copies of the Download File, Content and Documentation in your possession.

GENERAL PROVISIONS

1. This written license agreement is the exclusive agreement between you and us concerning the Download File, Content, and Documentation and supersedes any and all prior oral or written agreements, negotiations or other dealings between us concerning the Download File.

2. This license agreement may be modified only in writing signed by you and us.

3. In the event of litigation between you and us concerning the Download File, Content or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.

4. You agree to download the Download File, Content and Documentation from Zoe Technologies, Inc. only. (This helps protect the owners and publishers of copyrighted Content and encourages more publishers to release their Content electronically).

5. This license agreement is governed by the laws of the State of Colorado , USA .

6. The controlling language of this agreement is English. Any translation of this agreement that you may have received is provided only for your convenience.

I ACCEPT THE TERMS OF THE LICENSE AGREEMENT (via Download.com)

 

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