EULA is the acronym for End User License Agreement. We believe the world would be a better place without the need for all these legal agreements but unfortunately things seem to get worse instead of better - so below you can read the EULA governing the use of our ZooBase product.
Please note that you will have to accept this EULA in its entirety in order to use ZooBase - your only other option is to not use it.
End User License Agreement
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE High 5 Solutions Software Design ZooBase SOFTWARE ("SOFTWARE") YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTION 6; AND LIABILITY IN SECTION 7. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE. IF YOU ACQUIRED THE SOFTWARE ON TANGIBLE MEDIA (E.G. CD) WITHOUT AN OPPORTUNITY TO REVIEW THIS LICENSE AND YOU DO NOT ACCEPT THIS AGREEMENT, YOU MAY OBTAIN A REFUND OF ANY AMOUNT YOU ORIGINALLY PAID IF YOU: (A) DO NOT USE THE SOFTWARE AND (B) RETURN IT, WITH PROOF OF PAYMENT, TO THE LOCATION FROM WHICH IT WAS OBTAINED WITHIN THIRTY (30) DAYS OF THE PURCHASE DATE.
High 5 Solutions Software Design owns all intellectual property in the software. High 5 Solutions Software Design permits you to use the software only in accordance with the terms of this agreement.
(a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this agreement is provided, including but not limited to (i) High 5 Solutions Software Design or third party computer information or software;(ii) related explanatory written materials;
(b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by High 5 Solutions Software Design (collectively, "Updates").
"Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the software in accordance with the documentation.
"Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g. volume license) granted by High 5 Solutions Software Design.
"Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
"High 5 Solutions Software Design" means High 5 Solutions Software Design, a Canadian company, 669 Buck Road, Kelowna, BC, V1W 1N6.
2. Software license
As long as you comply with the terms of this software license agreement (this "agreement"), High 5 Solutions Software Design grants to you a non-exclusive license to use the software for the purposes described in the documentation.
2.1 General Use
You may install and use a copy of the software on your compatible computer, up to the permitted number of computers.
2.2 Server use and distribution
2.2.1 Subject to the terms of this agreement, you may install one copy of the Software on a computer file server within your internal network for the sole and exclusive purpose of using the Software (from an unlimited number of client computers on your internal network if you have purchased a multi-user license.
The purchase of a client/server license allows you to install the database server part of the software on one (1) computer only.
Unless otherwise expressly permitted hereunder, no other server or network use of the software is permitted, including but not limited to use of the software
(i) either directly or through commands, data or instructions from or to another computer
(ii) for internal network, internet or web hosting services.
2.3 Backup Copy
You may make one backup copy of the software, provided your backup copy is not installed or used on any computer. You may not transfer the rights to a backup copy unless you transfer all rights in the software as provided under Section 4.
2.4 Portable or Home Computer Use.
In addition to the single copy permitted under Sections 2.2.1 and 2.3, the primary user of the computer on which the software is installed may make a second copy of the software for his or her exclusive use on either a portable computer or a computer located at his or her home, provided the software on the portable or home computer is not used at the same time as the software on the primary computer.
3. Intellectual Property Ownership, Copyright Protection
The Software and any authorized copies that you make are the intellectual property of and are owned by High 5 Solutions Software Design. The structure, organization and code of the software are the valuable trade secrets and confidential information of High 5 Solutions Software Design. The software is protected by law, including without limitation the copyright laws of Canada, the United States and other countries, and by international treaty provisions.
Except as expressly stated herein, this agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by High 5 Solutions Software Design .
You shall not copy the software except as set forth in section 2. Any copy of the software that you make must contain the same copyright and other proprietary notices that appear on or in the software.
4.2 No modifications
You shall not modify, adapt or translate the software. You shall not create a new installer for the software. You shall not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the software except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the software with another software program, and you have first requested High 5 Solutions Software Design to provide the information necessary to achieve such operability and High 5 Solutions Software Design has not made such information available.
High 5 Solutions Software Design has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any such information supplied by High 5 Solutions Software Design and any information obtained by you by such permitted decompilation may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software.
Requests for information should be directed to the High 5 Solutions Software Design customer support department.
You may not, rent, lease, sublicense, assign or transfer your rights in the software, or authorize all or any portion of the software to be copied onto another user's computer except as may be expressly permitted herein. You may, however, transfer all your rights to use the software to another person or legal entity provided that:
(a) you also transfer (i) this Agreement, and (ii) the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, Updates and prior versions, to such person or entity;
(b) you retain no copies, including backups and copies stored on a computer;
(c) the receiving party accepts the terms and conditions of this agreement and any other terms and conditions upon which you legally purchased a license to the Software. Notwithstanding the foregoing, you may not transfer education, pre-release, or not for resale copies of the software.
If the software is an update to a previous version of the software, you must possess a valid license to such previous version in order to use such update.
All updates are provided to you on a license exchange basis. You agree that by using an update you voluntarily terminate your right to use any previous version of the software.
As an exception, you may continue to use previous versions of the software on your computer after you use the update but only to assist you in the transition to the update, provided that:
(a) the update and the previous versions are installed on the same computer;
(b) the previous versions or copies thereof are not transferred to another party or computer unless all copies of the update are also transferred to such party or computer;
(c) you acknowledge that any obligation High 5 Solutions Software Design may have to support the previous versions of the software may be ended upon availability of the update.
6. NO WARRANTY
The software is being delivered to you "AS IS" and High 5 Solutions Software Design makes no warranty as to its use or performance.
High 5 Solutions Software Design AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, High 5 Solutions Software Design AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
The provisions of sections 6 and 7 shall survive the termination of this agreement, howsoever caused, but this shall not imply or create any continued right to use the software after termination of this agreement.
7. LIMITATION OF LIABILITY
IN NO EVENT WILL High 5 Solutions Software Design OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN High 5 Solutions Software Design REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. High 5 Solutions Software Design's AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY.
Nothing contained in this Agreement limits High 5 Solutions Software Design's liability to you in the event of death or personal injury resulting from High 5 Solutions Software Design's negligence or for the tort of deceit (fraud). High 5 Solutions Software Design is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose.
8. Governing Law
This agreement will be governed by and construed in accordance with the substantive laws in force in the province of British Columbia, Canada. This agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
9. General Provisions
If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which shall remain valid and enforceable according to its terms. This agreement shall not prejudice the statutory rights of any party dealing as a consumer. This agreement may only be modified by a writing signed by an authorized officer of High 5 Solutions Software Design. Updates may be licensed to you by High 5 Solutions Software Design with additional or different terms. This is the entire agreement between High 5 Solutions Software Design and you relating to the software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the software.
10. Compliance with Licenses
If you are a business or organization, you agree that upon written request from High 5 Solutions Software Design or High 5 Solutions Software Design's authorized representative, you will within thirty (30) days fully document and certify that use of any and all Software at the time of the request is in conformity with your valid licenses from High 5 Solutions Software Design.
11. Specific exceptions
11.1 Limited warranty for users residing in Germany or Austria
If you obtained the software in Germany or Austria, and you usually reside in such country, then section 6 does not apply, instead, High 5 Solutions Software Design warrants that the Software provides the functionalities set forth in the documentation (the "agreed upon functionalities") for the limited warranty period following receipt of the software when used on the recommended hardware configuration.
As used in this section, "limited warranty period" means one (1) year if you are a business user and two (2) years if you are not a business user. Non-substantial variation from the agreed upon functionalities shall not be considered and does not establish any warranty rights.
THIS LIMITED WARRANTY DOES NOT APPLY TO SOFTWARE PROVIDED TO YOU FREE OF CHARGE, FOR EXAMPLE, UPDATES, PRE-RELEASE, TRYOUT, PRODUCT SAMPLER, NOT FOR RESALE (NFR) COPIES OF SOFTWARE, OR SOFTWARE THAT HAS BEEN ALTERED BY YOU, TO THE EXTENT SUCH ALTERATIONS CAUSED A DEFECT.
To make a warranty claim, during the limited warranty period you must return, at our expense, the software and proof of purchase to the location where you obtained it. If the functionalities of the software vary substantially from the agreed upon functionalities, High 5 Solutions Software Design is entitled -- by way of re-performance and at its own discretion -- to repair or replace the software. If this fails, you are entitled to a reduction of the purchase price (reduction) or to cancel the purchase agreement (rescission).
11.2 Limitation of liability for users residing in Germany and Austria
11.2.1 If you obtained the software in Germany or Austria, and you usually reside in such country, then section 7 does not apply. Instead, subject to the provisions in Section 11.2.2, High 5 Solutions Software Design's statutory liability for damages shall be limited as follows:
(i) High 5 Solutions Software Design shall be liable only up to the amount of damages as typically foreseeable at the time of entering into the purchase agreement in respect of damages caused by a slightly negligent breach of a material contractual obligation
(ii) High 5 Solutions Software Design shall not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation.
11.2.2 The aforesaid limitation of liability shall not apply to any mandatory statutory liability, in particular, to liability under the German Product Liability Act, liability for assuming a specific guarantee or liability for culpably caused personal injuries.
11.2.3 You are required to take all reasonable measures to avoid and reduce damages, in particular to make back-up copies of the software and your computer data subject to the provisions of this agreement.
If you have any questions regarding this agreement or if you wish to request any information from High 5 Solutions Software Design, please use the address and contact information included with this product to contact High 5 Solutions Software Design.