Terms and Conditions
Last updated: October, 2024
Please read these Terms and Conditions (the “Terms”) carefully before using the ZiiZii Software (the “Software”) operated by Ziiware Inc. (“Ziiware”, “us”, “we”, or “our”).
Your access to and use of the Software is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Software.
By accessing or using the Software you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Software.
1. Communications
By creating an Account on our Software, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
2. Subscriptions & Restrictions
During the Subscription (as defined below), you may access and use the Software for your internal business purposes pursuant to these Terms.
You receive no right to and shall not: (a) modify, create derivative works from, distribute, publicly display, or publicly perform, the Software; (b) sublicense or otherwise transfer any of the rights granted in Section 1; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from the Software; or (d) use the Software for Software bureau or time-sharing purposes or in any other way allow third parties to exploit the Software, including without limitation as software-as-a-Software.
3. Subscription Fees and Payment
Some parts of the Software are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis.
Your monthly subscription billing will begin on a date determined solely by Ziiware, but under no circumstances will billing begin later than sixty (60) days after signing up for the Software.
A valid payment method, including ACH payment information, is required to process the payment for your Subscription. You shall provide Ziiware with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Ziiware to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Ziiware will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Except when required by law, paid Subscription fees are non-refundable.
If Ziiware does not receive payment for the Subscription, Ziiware may suspend the Subscription until Ziiware receives such payment in full. Ziiware may terminate any Software upon ten (10) days’ prior written notice to you if you fail to pay the charges for the Software in accordance with these Terms.
Amounts due under these Terms are payable to Ziiware without deduction for any tax, tariff, duty, or assessment imposed by any government authority (national, state, provincial, or local), including without limitation any sales, use, excise, ad valorem, property, withholding, or value-added tax, whether or not withheld at the source (collectively, “Sales Tax”). Except as forbidden by applicable law, Ziiware may require that you submit applicable Sales Taxes to Ziiware. However, the preceding sentence does not apply to the extent that you are tax exempt, provided you give us a valid tax exemption certificate within 30 days of your first Billing Cycle. Our failure to include any applicable tax in an invoice will not waive or dismiss its rights or obligations pursuant to this Section 3.8. If applicable law requires withholding or deduction of Sales Taxes or any other tax or duty, you shall separately pay us the withheld or deducted amount, over and above fees due.
You will maintain accurate records regarding your use of the Software until one year following your last Billing Cycle. When requested, you will make such information available to us within ten (10) days following our written request. In addition, we may audit your use of the Software for compliance with these Terms, upon our written request, during your normal hours of business and upon reasonable advance notice. You agree to cooperate and assist with the audit including permitting electronic access to all relevant systems and records as we request. Any such audit shall not unreasonably interfere with the conduct of your business. If an audit reveals that your use of the Software is in breach of these Terms, then we may, at our option: (i) charge you the applicable additional fees; (ii) require you to take commercially reasonable actions for you to be in compliance with these Terms; or (iii) terminate your Subscription upon no less than ten (10) days’ notice to you, if you fail to cure within thirty (30) days the breach of your use of the Software following written notice to you after completion of such audit. If we choose to charge additional fees, you will pay such additional fees promptly upon receipt of Ziiware’s invoice. If the audit reveals an underpayment you agree to pay all of our out-of-pocket costs and expenses for undertaking the audit promptly upon receipt of our invoice.
4. Fee Changes
Ziiware, in its sole discretion and at any time, may modify the Subscription fees for the Subscription. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Ziiware will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Software after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
5. Content
Our Software allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Software, including its legality, reliability, and appropriateness.
By posting Content on or through the Software, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Software does not violate any laws including privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to breach this Section 4.2.
You retain any and all of your rights to any Content you submit, post or display on or through the Software and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Software. However, by posting Content using the Software you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Software.
Ziiware has the right but not the obligation to monitor and edit all Content provided by users.
Ziiware shall not: (a) access, process, or otherwise use your Content other than as necessary to operate the Software; or (b) give the Content access to any third party, except Ziiware’s subcontractors that have a need for such access to operate the Software and are subject to a reasonable written agreement governing the use and security of the Content.
6. Accounts
When you create an account with us, you represent and warrant that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Software.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Software or a third-party Software. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
7. U.S. Government Restricted Rights and Technology Export
This Section 1 applies to all acquisitions of the Software and related documentation by or for the United States federal government, including by any prime contractor or subcontractor (at any tier) under any contract, grant, cooperative agreement, or other activity with the Federal government. The Software and related documentation were developed at private expense and are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 (for civilian agencies) and 48 C.F.R. §227.7202 (for Department of Defense agencies), as applicable.
You shall not: (a) permit any third party to access or use the Software in violation of any U.S. law or regulation; or (b) export the Software or otherwise remove it from the United States except in compliance with all applicable U.S. laws and regulations. Without limiting the generality of the foregoing, you shall not permit any third party to access or use the Software in, or export the Software to, a country subject to a United States embargo (without limitations the Crimea Region of Ukraine, Cuba, Iran, North Korea, and Syria).
13. Limitation Of Liability
ZIIWARE’S LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE FEES PAID TO ZIIWARE UNDER THESE TERMS IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. THE LIMIT OF LIABILITY IN THE PRECEDING SENTENCE IS CUMULATIVE AND NOT PER-INCIDENT.
IN NO EVENT WILL EITHER PARTY, BE LIABLE FOR LOST PROFITS OR LOSS OF BUSINESS OR FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.
THE LIABILITIES LIMITED ABOVE IN THIS ARTICLE 13 APPLY TO THE BENEFIT OF EACH PARTY’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND THIRD PARTY CONTRACTORS, AS WELL AS: (a) TO LIABILITY FOR NEGLIGENCE; (b) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (c) EVEN IF ZIIWARE IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (d) EVEN IF A PARTY’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
20. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Software after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Software.
Terms and Conditions
Last updated: October, 2024
Please read these Terms and Conditions (the "Terms") carefully before using the ZiiZii Software (the "Software") operated by Ziiware Inc. ("Ziiware", "us", "we", or "our").
Your access to and use of the Software is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Software.
By accessing or using the Software you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Software.
1. Communications
By creating an Account on our Software, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
2. Subscriptions & Restrictions
During the Subscription (as defined below), you may access and use the Software for your internal business purposes pursuant to these Terms.
You receive no right to and shall not: (a) modify, create derivative works from, distribute, publicly display, or publicly perform, the Software; (b) sublicense or otherwise transfer any of the rights granted in Section 1; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from the Software; or (d) use the Software for Software bureau or time-sharing purposes or in any other way allow third parties to exploit the Software, including without limitation as software-as-a-Software.
3. Subscription Fees and Payment
Some parts of the Software are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly basis.
Your monthly subscription billing will begin on a date determined solely by Ziiware, but under no circumstances will billing begin later than sixty (60) days after signing up for the Software.
A valid payment method, including ACH payment information, is required to process the payment for your Subscription. You shall provide Ziiware with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Ziiware to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Ziiware will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Except when required by law, paid Subscription fees are non-refundable.
If Ziiware does not receive payment for the Subscription, Ziiware may suspend the Subscription until Ziiware receives such payment in full. Ziiware may terminate any Software upon ten (10) days' prior written notice to you if you fail to pay the charges for the Software in accordance with these Terms.
Amounts due under these Terms are payable to Ziiware without deduction for any tax, tariff, duty, or assessment imposed by any government authority (national, state, provincial, or local), including without limitation any sales, use, excise, ad valorem, property, withholding, or value-added tax, whether or not withheld at the source (collectively, "Sales Tax"). Except as forbidden by applicable law, Ziiware may require that you submit applicable Sales Taxes to Ziiware. However, the preceding sentence does not apply to the extent that you are tax exempt, provided you give us a valid tax exemption certificate within 30 days of your first Billing Cycle. Our failure to include any applicable tax in an invoice will not waive or dismiss its rights or obligations pursuant to this Section 3.8. If applicable law requires withholding or deduction of Sales Taxes or any other tax or duty, you shall separately pay us the withheld or deducted amount, over and above fees due.
You will maintain accurate records regarding your use of the Software until one year following your last Billing Cycle. When requested, you will make such information available to us within ten (10) days following our written request. In addition, we may audit your use of the Software for compliance with these Terms, upon our written request, during your normal hours of business and upon reasonable advance notice. You agree to cooperate and assist with the audit including permitting electronic access to all relevant systems and records as we request. Any such audit shall not unreasonably interfere with the conduct of your business. If an audit reveals that your use of the Software is in breach of these Terms, then we may, at our option: (i) charge you the applicable additional fees; (ii) require you to take commercially reasonable actions for you to be in compliance with these Terms; or (iii) terminate your Subscription upon no less than ten (10) days' notice to you, if you fail to cure within thirty (30) days the breach of your use of the Software following written notice to you after completion of such audit. If we choose to charge additional fees, you will pay such additional fees promptly upon receipt of Ziiware's invoice. If the audit reveals an underpayment you agree to pay all of our out-of-pocket costs and expenses for undertaking the audit promptly upon receipt of our invoice.
4. Fee Changes
Ziiware, in its sole discretion and at any time, may modify the Subscription fees for the Subscription. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Ziiware will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Software after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
5. Content
Our Software allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Software, including its legality, reliability, and appropriateness.
By posting Content on or through the Software, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Software does not violate any laws including privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to breach this Section 4.2.
You retain any and all of your rights to any Content you submit, post or display on or through the Software and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Software. However, by posting Content using the Software you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Software.
Ziiware has the right but not the obligation to monitor and edit all Content provided by users.
Ziiware shall not: (a) access, process, or otherwise use your Content other than as necessary to operate the Software; or (b) give the Content access to any third party, except Ziiware's subcontractors that have a need for such access to operate the Software and are subject to a reasonable written agreement governing the use and security of the Content.
6. Accounts
When you create an account with us, you represent and warrant that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Software.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Software or a third-party Software. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
7. U.S. Government Restricted Rights and Technology Export
This Section 1 applies to all acquisitions of the Software and related documentation by or for the United States federal government, including by any prime contractor or subcontractor (at any tier) under any contract, grant, cooperative agreement, or other activity with the Federal government. The Software and related documentation were developed at private expense and are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 (for civilian agencies) and 48 C.F.R. §227.7202 (for Department of Defense agencies), as applicable.
You shall not: (a) permit any third party to access or use the Software in violation of any U.S. law or regulation; or (b) export the Software or otherwise remove it from the United States except in compliance with all applicable U.S. laws and regulations. Without limiting the generality of the foregoing, you shall not permit any third party to access or use the Software in, or export the Software to, a country subject to a United States embargo (without limitations the Crimea Region of Ukraine, Cuba, Iran, North Korea, and Syria).
13. Limitation Of Liability
ZIIWARE'S LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE FEES PAID TO ZIIWARE UNDER THESE TERMS IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. THE LIMIT OF LIABILITY IN THE PRECEDING SENTENCE IS CUMULATIVE AND NOT PER-INCIDENT.
IN NO EVENT WILL EITHER PARTY, BE LIABLE FOR LOST PROFITS OR LOSS OF BUSINESS OR FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.
THE LIABILITIES LIMITED ABOVE IN THIS ARTICLE 13 APPLY TO THE BENEFIT OF EACH PARTY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND THIRD PARTY CONTRACTORS, AS WELL AS: (a) TO LIABILITY FOR NEGLIGENCE; (b) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (c) EVEN IF ZIIWARE IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (d) EVEN IF A PARTY'S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
20. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Software after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Software.
Terms and Conditions
Last updated: October, 2024
Please read these Terms and Conditions (the "Terms") carefully before using the ZiiZii Software (the "Software") operated by Ziiware Inc. ("Ziiware", "us", "we", or "our").
Your access to and use of the Software is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Software.
By accessing or using the Software you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Software.
1. Communications
By creating an Account on our Software, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
2. Subscriptions & Restrictions
During the Subscription (as defined below), you may access and use the Software for your internal business purposes pursuant to these Terms.
You receive no right to and shall not: (a) modify, create derivative works from, distribute, publicly display, or publicly perform, the Software; (b) sublicense or otherwise transfer any of the rights granted in Section 1; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from the Software; or (d) use the Software for Software bureau or time-sharing purposes or in any other way allow third parties to exploit the Software, including without limitation as software-as-a-Software.
3. Subscription Fees and Payment
Some parts of the Software are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly basis.
Your monthly subscription billing will begin on a date determined solely by Ziiware, but under no circumstances will billing begin later than sixty (60) days after signing up for the Software.
A valid payment method, including ACH payment information, is required to process the payment for your Subscription. You shall provide Ziiware with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Ziiware to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Ziiware will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Except when required by law, paid Subscription fees are non-refundable.
If Ziiware does not receive payment for the Subscription, Ziiware may suspend the Subscription until Ziiware receives such payment in full. Ziiware may terminate any Software upon ten (10) days' prior written notice to you if you fail to pay the charges for the Software in accordance with these Terms.
Amounts due under these Terms are payable to Ziiware without deduction for any tax, tariff, duty, or assessment imposed by any government authority (national, state, provincial, or local), including without limitation any sales, use, excise, ad valorem, property, withholding, or value-added tax, whether or not withheld at the source (collectively, "Sales Tax"). Except as forbidden by applicable law, Ziiware may require that you submit applicable Sales Taxes to Ziiware. However, the preceding sentence does not apply to the extent that you are tax exempt, provided you give us a valid tax exemption certificate within 30 days of your first Billing Cycle. Our failure to include any applicable tax in an invoice will not waive or dismiss its rights or obligations pursuant to this Section 3.8. If applicable law requires withholding or deduction of Sales Taxes or any other tax or duty, you shall separately pay us the withheld or deducted amount, over and above fees due.
You will maintain accurate records regarding your use of the Software until one year following your last Billing Cycle. When requested, you will make such information available to us within ten (10) days following our written request. In addition, we may audit your use of the Software for compliance with these Terms, upon our written request, during your normal hours of business and upon reasonable advance notice. You agree to cooperate and assist with the audit including permitting electronic access to all relevant systems and records as we request. Any such audit shall not unreasonably interfere with the conduct of your business. If an audit reveals that your use of the Software is in breach of these Terms, then we may, at our option: (i) charge you the applicable additional fees; (ii) require you to take commercially reasonable actions for you to be in compliance with these Terms; or (iii) terminate your Subscription upon no less than ten (10) days' notice to you, if you fail to cure within thirty (30) days the breach of your use of the Software following written notice to you after completion of such audit. If we choose to charge additional fees, you will pay such additional fees promptly upon receipt of Ziiware's invoice. If the audit reveals an underpayment you agree to pay all of our out-of-pocket costs and expenses for undertaking the audit promptly upon receipt of our invoice.
4. Fee Changes
Ziiware, in its sole discretion and at any time, may modify the Subscription fees for the Subscription. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Ziiware will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Software after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
5. Content
Our Software allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Software, including its legality, reliability, and appropriateness.
By posting Content on or through the Software, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Software does not violate any laws including privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to breach this Section 4.2.
You retain any and all of your rights to any Content you submit, post or display on or through the Software and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Software. However, by posting Content using the Software you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Software.
Ziiware has the right but not the obligation to monitor and edit all Content provided by users.
Ziiware shall not: (a) access, process, or otherwise use your Content other than as necessary to operate the Software; or (b) give the Content access to any third party, except Ziiware's subcontractors that have a need for such access to operate the Software and are subject to a reasonable written agreement governing the use and security of the Content.
6. Accounts
When you create an account with us, you represent and warrant that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Software.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Software or a third-party Software. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
7. U.S. Government Restricted Rights and Technology Export
This Section 1 applies to all acquisitions of the Software and related documentation by or for the United States federal government, including by any prime contractor or subcontractor (at any tier) under any contract, grant, cooperative agreement, or other activity with the Federal government. The Software and related documentation were developed at private expense and are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 (for civilian agencies) and 48 C.F.R. §227.7202 (for Department of Defense agencies), as applicable.
You shall not: (a) permit any third party to access or use the Software in violation of any U.S. law or regulation; or (b) export the Software or otherwise remove it from the United States except in compliance with all applicable U.S. laws and regulations. Without limiting the generality of the foregoing, you shall not permit any third party to access or use the Software in, or export the Software to, a country subject to a United States embargo (without limitations the Crimea Region of Ukraine, Cuba, Iran, North Korea, and Syria).
13. Limitation Of Liability
ZIIWARE'S LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE FEES PAID TO ZIIWARE UNDER THESE TERMS IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. THE LIMIT OF LIABILITY IN THE PRECEDING SENTENCE IS CUMULATIVE AND NOT PER-INCIDENT.
IN NO EVENT WILL EITHER PARTY, BE LIABLE FOR LOST PROFITS OR LOSS OF BUSINESS OR FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.
THE LIABILITIES LIMITED ABOVE IN THIS ARTICLE 13 APPLY TO THE BENEFIT OF EACH PARTY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND THIRD PARTY CONTRACTORS, AS WELL AS: (a) TO LIABILITY FOR NEGLIGENCE; (b) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (c) EVEN IF ZIIWARE IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (d) EVEN IF A PARTY'S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
20. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Software after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Software.
Schedule A: Open Source Licenses
Third Party/Open-Source Software
License Type and Version
Copyright Holder & Year
Web Site and/or OSS License Link
3-Clause BSD License: Protocol Buffers [Core], Protocol Buffers [Util]
LibPNG (proprietary)
Multiple
http://www.libpng.org/pub/png/src/libpng-LICENSE.txt
Apache License Version 2.0: vaadin-client, vaadin-client-compiled, vaadin-compatibility-server, vaadin-compatibility-shared, vaadin-push, vaadin-server, vaadin-shared, vaadin-themes
zLib (proprietary)
© 1995-2017 Jean-loup Gailly and Mark Adler
https://zlib.net/zlib_license.html
Mozilla Public License version 1.1: Rhino
Apache 2.0
2004-2011 Castle Project
http://www.castleproject.org/
The BSD License: Stax2 API
Proprietary
(c) 2007 James Newton-King
http://jsonnet.org/
GPL2 w/ CPE: JAXB CORE, JAXB Reference Implementation, Java Architecture for XML Binding, Jersey ApacheHTTP Client, istack common utility code runtime, jersey-client, jersey-core
MIT
Multiple
https://github.com/icsharpcode/SharpZipLib
BSD style: Hamcrest Core
Proprietary
(c) 1998-2017 The OpenSSL Project
http://www.openssl.org/
Apache 2: ConfirmDialog, LabelButton, OpenCMIS Client API, OpenCMIS Client Bindings Implementation,OpenCMIS Client Implementation, OpenCMIS Commons API, OpenCMIS Commons Implementation, Viritin,org.conscrypt:conscrypt-openjdk-uber
Proprietary
(c) 1996 - 2017, Daniel Stenberg
https://curl.haxx.se/docs/copyright.html
CDDL/GPLv2+CE: JavaMail API
GNU GPL v2 & GNU LPGL v2.1
Linus Torvalds[1]
https://git-scm.com/
BSD: API Common, ASM Core, GAX (Google Api eXtensions) for Java
GNU General Public License
© 2015-2018 TortoiseGit and contributors
https://tortoisegit.org/
Unknown: "Java Concurrency in Practice" book annotations, Expression Language API (2.1 Maintenance Release),Java Transaction API, JavaMapper, Pentaho report Libs, RawDataOrders, Spring JavaScript Resources, ZiiZii,alfresco-opencmis-extension, avalon-framework, avalon-framework-impl, barbecue, commons-beanutils, commons-vfs, database-model, dom4j, flute, jsonpath, jsp-api, jsr173_api, jug-lgpl, kettle-core, kettle-db, kettle-engine,libbase, libdocbundle, libfonts, libformat, libformula, libloader, libpixie, librepository, libserializer, libsparkline,libswing, libxml, logkit, nvjavautils, nvjavaxml, pentaho-reporting-engine-classic-extensions, reporting-engine-classic-core, reporting-engine-wizard-core, xalan
Commercial License
© 2018, Oracle Corporation and/or its affiliates
https://www.mysql.com/
The MIT License: Checker Qual, Mockito, jsoup, vaadin-slf4j-jdk14
GNU GPL v2. Dated 6/1991
http://webyog.com
Common Development and Distribution License (CDDL) v1.0: JavaBeans Activation Framework (JAF),JavaMail API
GNU General Public License (version 2), GNU Lesser General Public License (for client libraries)
© 1989, 1991 Free Software Foundation, Inc.
https://mariadb.com/kb/en/library/mariadb-license/
Apache-2.0: Google Cloud Core, Google Cloud Core HTTP, Google Cloud Core gRPC, Google Cloud Firestore, GoogleCloud NIO, Google Cloud Pub/Sub, Google Cloud Storage, proto-google-cloud-firestore-admin-v1, proto-google-cloud-firestore-v1, proto-google-cloud-firestore-v1beta1, proto-google-cloud-pubsub-v1, proto-google-common-protos, proto-google-iam-v1
GNU General Public License
© 2000-2017 Ansgar Becker
https://raw.githubusercontent.com/HeidiSQL/HeidiSQL/master/out/license.txt
MPL 1.1: Javassist
GNU General Public License
© Don Ho 2016
https://notepad-plus-plus.org/contributors/
MIT license: Animal Sniffer Annotations
GNU General Public License
© Don Ho 2016
https://notepad-plus-plus.org/contributors/
BSD New license: Google Auth Library for Java - Credentials, Google Auth Library for Java - OAuth2 HTTP
GNU General Public License
© Don Ho 2016
https://notepad-plus-plus.org/contributors/
LGPL, version 2.1: Java Native Access, Java Native Access Platform
GNU General Public License
© Don Ho 2016
https://notepad-plus-plus.org/contributors/
Apache Software License - Version 2.0: Jetty :: Aggregate :: All Server, Jetty :: IO Utility, Jetty :: Utilities, Jetty:: Websocket :: API, Jetty :: Websocket :: Client, Jetty :: Websocket :: Common
GNU General Public License
© Don Ho 2016
https://notepad-plus-plus.org/contributors/
GNU Lesser General Public License (LGPL), Version 2.1: JAX-RS provider for JSON content type, XmlCompatibility extensions for Jackson
GNU General Public License
© Don Ho 2016
https://notepad-plus-plus.org/contributors/
BSD 3-clause New License: dom4j
GNU General Public License
© Don Ho 2016
https://notepad-plus-plus.org/contributors/
ASF 2.0: Barcode4J, Code Generation Library
GNU General Public License
© Don Ho 2016
https://notepad-plus-plus.org/contributors/
Public Domain: AOP alliance
GNU General Public License
© Don Ho 2016
https://notepad-plus-plus.org/contributors/
CDDL or GPLv2 with exceptions: Common Annotations 1.1 API
GNU General Public License
© Don Ho 2016
https://notepad-plus-plus.org/contributors/
Bouncy Castle Licence: Bouncy Castle CMS and S/MIME API, Bouncy Castle OpenPGP API, Bouncy Castle Provider
GNU General Public License
© Don Ho 2016
https://notepad-plus-plus.org/contributors/
The MIT License (MIT): A simple HTTP client, Twilio SendGrid Java helper library, java jwt
Gnu Lesser Public License: Beanshell
GNU General Public License
© Don Ho 2016
https://notepad-plus-plus.org/contributors/
Eclipse Public License - Version 1.0: Jetty :: Aggregate :: All Server, Jetty :: IO Utility, Jetty :: Utilities, Jetty ::Websocket :: API, Jetty :: Websocket :: Client, Jetty :: Websocket :: Common
GNU General Public License
© Don Ho 2016
https://notepad-plus-plus.org/contributors/
CDDL: atmosphere-runtime
GNU General Public License
© Don Ho 2016
https://notepad-plus-plus.org/contributors/
CDDL + GPLv2 with classpath exception: Java Servlet API, JavaServer Pages (TM) TagLib Implementation,JavaServer Pages(TM) Standard Tag Library, javax.annotation API
GNU General Public License
© Don Ho 2016
https://notepad-plus-plus.org/contributors/
Eclipse Public License - v 2.0: AspectJ Runtime, AspectJ Weaver
GNU General Public License
© Don Ho 2016
https://notepad-plus-plus.org/contributors/
The Apache Software License, Version 2.0: Annotation 1.0, Apache CXF Core, Apache CXF Runtime Core forWSDL, Apache CXF Runtime HTTP Transport, Apache CXF Runtime JAX-WS Frontend, Apache CXF Runtime JAXBDataBinding, Apache CXF Runtime SOAP Binding, Apache CXF Runtime Simple Frontend, Apache CXF Runtime WSAddressing, Apache CXF Runtime WS Policy, Apache CXF Runtime XML Binding, Apache Neethi, Apache POI, ApacheTika core, Batik AWT utilities, Batik CSS engine, Batik DOM implementation, Batik GUI utility classes, Batik GVT(Graphics Vector Tree), Batik SVG DOM implementation, Batik SVG microsyntax parser library, Batik XML utilitylibrary, Batik animation engine, Batik bridge classes, Batik external code, Batik scripting language classes, Batikutility library, Bean Scripting Framework, Bean Validation API, ClassMate, Cloud Storage JSON API v1-rev20190624-1.30.1, Commons Codec, Commons Collections, Commons DBCP, Commons Digester, Commons FileUpload,Commons IO, Commons Pool, Data Mapper for Jackson, Ehcache Core, FindBugs-jsr305, GSON extensions to theGoogle APIs Client Library for Java, GSON extensions to the Google HTTP Client Library for Java., GenTyRef, GoogleAPIs Client Library for Java, Google App Engine extensions to the Google HTTP Client Library for Java., Google HTTPClient Library for Java, Google OAuth Client Library for Java, Guava InternalFutureFailureAccess and InternalFutures,Guava ListenableFuture only, Guava: Google Core Libraries for Java, IntelliJ IDEA Annotations, J2ObjC Annotations,JAX-RS provider for JSON content type, JSON.simple, JTA 1.1, Jackson, Jackson 2 extensions to the Google HTTPClient Library for Java., Jackson-annotations, Jackson-core, Java Authentication SPI for Containers, Jimfs, NekoHTML, SQLite JDBC, Spring AOP, Spring Aspects, Spring Beans, Spring Context, Spring Context Support, SpringCore, Spring Expression Language (SpEL), Spring JDBC, Spring Object/Relational Mapping, Spring TestContextFramework, Spring Transaction, Spring Web, Spring Web MVC, Spring WebSocket, StAX API, Tiles - API, Tiles - CoreLibrary, Tiles - JSP support, Tiles - Servlet support, Tiles - Template Technologies Support, Woodstox, Xerces2 JavaParser, Xml Compatibility extensions for Jackson, XmlBeans, XmlSchema Core, ZXing Core, alfresco RESTful client,flexjson, jackson-databind, javax.inject, okhttp, selenium-api, selenium-chrome-driver, selenium-edge-driver,selenium-firefox-driver, selenium-htmlunit-driver, selenium-ie-driver, selenium-java, selenium-leg-rc, selenium-remote-driver, selenium-safari-driver, selenium-support, spring-security-acl, spring-security-config, spring-security-core, spring-security-taglibs, spring-security-web, thymeleaf, thymeleaf-extras-tiles2, thymeleaf-spring3
GNU General Public License
© Don Ho 2016
https://notepad-plus-plus.org/contributors/
Schedule A: Open Source Licenses
| Third Party/Open-Source Software | License Type and Version | Copyright Holder & Year | Web Site and/or OSS License Link |
|---|---|---|---|
| 3-Clause BSD License: Protocol Buffers [Core], Protocol Buffers [Util] | LibPNG (proprietary) | Multiple | http://www.libpng.org/pub/png/src/libpng-LICENSE.txt |
| Apache License Version 2.0: vaadin-client, vaadin-client-compiled, vaadin-compatibility-server, vaadin-compatibility-shared, vaadin-push, vaadin-server, vaadin-shared, vaadin-themes | zLib (proprietary) | © 1995-2017 Jean-loup Gailly and Mark Adler | https://zlib.net/zlib_license.html |
| Mozilla Public License version 1.1: Rhino | Apache 2.0 | 2004-2011 Castle Project | http://www.castleproject.org/ |
| The BSD License: Stax2 API | Proprietary | (c) 2007 James Newton-King | http://jsonnet.org/ |
| GPL2 w/ CPE: JAXB CORE, JAXB Reference Implementation, Java Architecture for XML Binding, Jersey ApacheHTTP Client, istack common utility code runtime, jersey-client, jersey-core | MIT | Multiple | https://github.com/icsharpcode/SharpZipLib |
| BSD style: Hamcrest Core | Proprietary | (c) 1998-2017 The OpenSSL Project | http://www.openssl.org/ |
| Apache 2: ConfirmDialog, LabelButton, OpenCMIS Client API, OpenCMIS Client Bindings Implementation,OpenCMIS Client Implementation, OpenCMIS Commons API, OpenCMIS Commons Implementation, Viritin,org.conscrypt:conscrypt-openjdk-uber | Proprietary | (c) 1996 - 2017, Daniel Stenberg | https://curl.haxx.se/docs/copyright.html |
| CDDL/GPLv2+CE: JavaMail API | GNU GPL v2 & GNU LPGL v2.1 | Linus Torvalds[1] | https://git-scm.com/ |
| BSD: API Common, ASM Core, GAX (Google Api eXtensions) for Java | GNU General Public License | © 2015-2018 TortoiseGit and contributors | https://tortoisegit.org/ |
| Unknown: "Java Concurrency in Practice" book annotations, Expression Language API (2.1 Maintenance Release),Java Transaction API, JavaMapper, Pentaho report Libs, RawDataOrders, Spring JavaScript Resources, ZiiZii,alfresco-opencmis-extension, avalon-framework, avalon-framework-impl, barbecue, commons-beanutils, commons-vfs, database-model, dom4j, flute, jsonpath, jsp-api, jsr173_api, jug-lgpl, kettle-core, kettle-db, kettle-engine,libbase, libdocbundle, libfonts, libformat, libformula, libloader, libpixie, librepository, libserializer, libsparkline,libswing, libxml, logkit, nvjavautils, nvjavaxml, pentaho-reporting-engine-classic-extensions, reporting-engine-classic-core, reporting-engine-wizard-core, xalan | Commercial License | © 2018, Oracle Corporation and/or its affiliates | https://www.mysql.com/ |
| The MIT License: Checker Qual, Mockito, jsoup, vaadin-slf4j-jdk14 | GNU GPL v2. Dated 6/1991 | http://webyog.com | |
| Common Development and Distribution License (CDDL) v1.0: JavaBeans Activation Framework (JAF),JavaMail API | GNU General Public License (version 2), GNU Lesser General Public License (for client libraries) | © 1989, 1991 Free Software Foundation, Inc. | https://mariadb.com/kb/en/library/mariadb-license/ |
| Apache-2.0: Google Cloud Core, Google Cloud Core HTTP, Google Cloud Core gRPC, Google Cloud Firestore, GoogleCloud NIO, Google Cloud Pub/Sub, Google Cloud Storage, proto-google-cloud-firestore-admin-v1, proto-google-cloud-firestore-v1, proto-google-cloud-firestore-v1beta1, proto-google-cloud-pubsub-v1, proto-google-common-protos, proto-google-iam-v1 | GNU General Public License | © 2000-2017 Ansgar Becker | https://raw.githubusercontent.com/HeidiSQL/HeidiSQL/master/out/license.txt |
| MPL 1.1: Javassist | GNU General Public License | © Don Ho 2016 | https://notepad-plus-plus.org/contributors/ |
| MIT license: Animal Sniffer Annotations | GNU General Public License | © Don Ho 2016 | https://notepad-plus-plus.org/contributors/ |
| BSD New license: Google Auth Library for Java - Credentials, Google Auth Library for Java - OAuth2 HTTP | GNU General Public License | © Don Ho 2016 | https://notepad-plus-plus.org/contributors/ |
| LGPL, version 2.1: Java Native Access, Java Native Access Platform | GNU General Public License | © Don Ho 2016 | https://notepad-plus-plus.org/contributors/ |
| Apache Software License - Version 2.0: Jetty :: Aggregate :: All Server, Jetty :: IO Utility, Jetty :: Utilities, Jetty:: Websocket :: API, Jetty :: Websocket :: Client, Jetty :: Websocket :: Common | GNU General Public License | © Don Ho 2016 | https://notepad-plus-plus.org/contributors/ |
| GNU Lesser General Public License (LGPL), Version 2.1: JAX-RS provider for JSON content type, XmlCompatibility extensions for Jackson | GNU General Public License | © Don Ho 2016 | https://notepad-plus-plus.org/contributors/ |
| BSD 3-clause New License: dom4j | GNU General Public License | © Don Ho 2016 | https://notepad-plus-plus.org/contributors/ |
| ASF 2.0: Barcode4J, Code Generation Library | GNU General Public License | © Don Ho 2016 | https://notepad-plus-plus.org/contributors/ |
| Public Domain: AOP alliance | GNU General Public License | © Don Ho 2016 | https://notepad-plus-plus.org/contributors/ |
| CDDL or GPLv2 with exceptions: Common Annotations 1.1 API | GNU General Public License | © Don Ho 2016 | https://notepad-plus-plus.org/contributors/ |
| Bouncy Castle Licence: Bouncy Castle CMS and S/MIME API, Bouncy Castle OpenPGP API, Bouncy Castle Provider | GNU General Public License | © Don Ho 2016 | https://notepad-plus-plus.org/contributors/ |
| The MIT License (MIT): A simple HTTP client, Twilio SendGrid Java helper library, java jwt | |||
| Gnu Lesser Public License: Beanshell | GNU General Public License | © Don Ho 2016 | https://notepad-plus-plus.org/contributors/ |
| Eclipse Public License - Version 1.0: Jetty :: Aggregate :: All Server, Jetty :: IO Utility, Jetty :: Utilities, Jetty ::Websocket :: API, Jetty :: Websocket :: Client, Jetty :: Websocket :: Common | GNU General Public License | © Don Ho 2016 | https://notepad-plus-plus.org/contributors/ |
| CDDL: atmosphere-runtime | GNU General Public License | © Don Ho 2016 | https://notepad-plus-plus.org/contributors/ |
| CDDL + GPLv2 with classpath exception: Java Servlet API, JavaServer Pages (TM) TagLib Implementation,JavaServer Pages(TM) Standard Tag Library, javax.annotation API | GNU General Public License | © Don Ho 2016 | https://notepad-plus-plus.org/contributors/ |
| Eclipse Public License - v 2.0: AspectJ Runtime, AspectJ Weaver | GNU General Public License | © Don Ho 2016 | https://notepad-plus-plus.org/contributors/ |
| The Apache Software License, Version 2.0: Annotation 1.0, Apache CXF Core, Apache CXF Runtime Core forWSDL, Apache CXF Runtime HTTP Transport, Apache CXF Runtime JAX-WS Frontend, Apache CXF Runtime JAXBDataBinding, Apache CXF Runtime SOAP Binding, Apache CXF Runtime Simple Frontend, Apache CXF Runtime WSAddressing, Apache CXF Runtime WS Policy, Apache CXF Runtime XML Binding, Apache Neethi, Apache POI, ApacheTika core, Batik AWT utilities, Batik CSS engine, Batik DOM implementation, Batik GUI utility classes, Batik GVT(Graphics Vector Tree), Batik SVG DOM implementation, Batik SVG microsyntax parser library, Batik XML utilitylibrary, Batik animation engine, Batik bridge classes, Batik external code, Batik scripting language classes, Batikutility library, Bean Scripting Framework, Bean Validation API, ClassMate, Cloud Storage JSON API v1-rev20190624-1.30.1, Commons Codec, Commons Collections, Commons DBCP, Commons Digester, Commons FileUpload,Commons IO, Commons Pool, Data Mapper for Jackson, Ehcache Core, FindBugs-jsr305, GSON extensions to theGoogle APIs Client Library for Java, GSON extensions to the Google HTTP Client Library for Java., GenTyRef, GoogleAPIs Client Library for Java, Google App Engine extensions to the Google HTTP Client Library for Java., Google HTTPClient Library for Java, Google OAuth Client Library for Java, Guava InternalFutureFailureAccess and InternalFutures,Guava ListenableFuture only, Guava: Google Core Libraries for Java, IntelliJ IDEA Annotations, J2ObjC Annotations,JAX-RS provider for JSON content type, JSON.simple, JTA 1.1, Jackson, Jackson 2 extensions to the Google HTTPClient Library for Java., Jackson-annotations, Jackson-core, Java Authentication SPI for Containers, Jimfs, NekoHTML, SQLite JDBC, Spring AOP, Spring Aspects, Spring Beans, Spring Context, Spring Context Support, SpringCore, Spring Expression Language (SpEL), Spring JDBC, Spring Object/Relational Mapping, Spring TestContextFramework, Spring Transaction, Spring Web, Spring Web MVC, Spring WebSocket, StAX API, Tiles - API, Tiles - CoreLibrary, Tiles - JSP support, Tiles - Servlet support, Tiles - Template Technologies Support, Woodstox, Xerces2 JavaParser, Xml Compatibility extensions for Jackson, XmlBeans, XmlSchema Core, ZXing Core, alfresco RESTful client,flexjson, jackson-databind, javax.inject, okhttp, selenium-api, selenium-chrome-driver, selenium-edge-driver,selenium-firefox-driver, selenium-htmlunit-driver, selenium-ie-driver, selenium-java, selenium-leg-rc, selenium-remote-driver, selenium-safari-driver, selenium-support, spring-security-acl, spring-security-config, spring-security-core, spring-security-taglibs, spring-security-web, thymeleaf, thymeleaf-extras-tiles2, thymeleaf-spring3 | GNU General Public License | © Don Ho 2016 | https://notepad-plus-plus.org/contributors/ |