1. GENERAL SOFTWARE LICENSE
a. General License Grant
In consideration of payment of the license fee, which is part of the price of the Software, DZOIC LLC grants to you the non-exclusive right to use the Software for company/organizational/personal use on a single domain. DZOIC LLC grants you the choice of modifying the Software source code to better fit your company's needs. You may use the Software only under one single domain that is owned, operated and is controlled by your registered, licensed company, organization or personal identity. DZOIC LLC grants you the right to create multiple instances of the Software with the restriction that each copy is branded with your registered, licensed company, organization or personal identity and the Software is deployed on a system owned by, or rented by, registered, licensed company, organization or personal identity of this License Agreement. All instances of the Software must be branded with your registered, licensed company, organization or personal identity. Branding identification includes but is not limited to, logo, URL links, and powered by mark. You are bound to this Agreement during the entire time the Software is in your possession, in its original or altered state. Should DZOIC LLC feel you have violated these terms we will proceed with the following actions in order:
- Notify the owner to correct the issues immediately upon notice
- If after 24 hours term complience has not been met, DZOIC LLC will suspend your license
- If after 3 days term complience has not been met, DZOIC LLC reserves the right to revoke or terminate your license to use the Software
- DZOIC LLC will seek compensation based on the violation
b. Copyright
1) Standard License Owners
The Software, including but not limited to; any images, photographs, animations, video, audio, music, text, and "modules" incorporated into the Software, is owned by DZOIC LLC or its suppliers and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material. You may not copy the Software for distribution or resale in any way. You may not copy any written materials accompanying the Software without express written authorization from DZOIC LLC. All copies of the Software, in its original or altered state, must be in the possession of the registered, licensed company, organization or personal identity of the Software. Proofs of infringement of copyright violations include but are not limited to; similar code style and structures, similar layout and design, similar database design, and containing parts of the original Software source code. You may not remove the original DZOIC LLC Copyright Notice from the source codes of the Software or from the output of the script. Modification of the Software is granted, but removing the Copyright Notice is prohibited. You may display your code contribution Copyright Notice in conjunction with DZOIC LLC's original copyright mark, but you must clearly distinguish your modifications from that of DZOIC LLC'S original source code. All of DZOIC LLC's Copyright Notice must remain intact and cannot be removed from the Software or from user visibility. You may place a "powered by" mark in conjunction with DZOIC LLC's original copyright mark. The original "powered by DZOIC" logo may be replaced with any other graphics or even a textual link, but the replacement should include; readable words, "powered by DZOIC", and be linked to http://www.dzoic.com website.
2) Branding Free License Owners
The Software, including but not limited to; any images, photographs, animations, video, audio, music, text, and "modules" incorporated into the Software, is owned by DZOIC LLC or its suppliers and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material. You may not copy the Software for distribution or resale in any way. You may not copy any written materials accompanying the Software without express written authorization from DZOIC LLC. All copies of the Software, in its original or altered state, must be in the possession of the registered, licensed company, organization or personal identity of the Software. Proofs of infringement of copyright violations include but not limited to; similar code style and structures, similar layout and design, similar database design, and containing parts of the original Software source code. You may not remove the original DZOIC LLC Copyright Notice from the source codes of the Software, but you MAY remove it from the output of the script. Modification of the Software is granted, but removing the Copyright Notice is prohibited. You may display your code contribution Copyright Notice in conjunction with DZOIC LLC's original copyright mark, but you must clearly distinguish your modifications from that of DZOIC LLC'S original source code, unless this is a "powered by DZOIC" logo included in the design templates.
c. Other Restrictions
Each Software package purchased under this Agreement is licensed as a single product. Its component parts can be separated, but from thereafter, DZOIC LLC will no longer provide support or upgrades. You may not distribute copies of the Software or any accompanying written materials to others, in its original or altered state. All instances of the Software must be branded with your registered, licensed company, organization or personal identity and all instances of the Software must reside on the server you own or lease. Branding identification includes but is not limited to; logo, URL links, and powered by mark. You may not distribute or resell the software in its original or altered state. You may not provide or rent the software use to others. Others can be defined as parties that do not fall under the staff base or who are not directly related to the registered, licensed company, organization or personal identity of this License Agreement. If any portion of the current DZOIC LLC's Software source is merged, inserted, copied, or ported to your previous DZOIC LLC's Software source, This current License Agreement with DZOIC LLC will immediately go into effect and nullify your previous DZOIC LLC's License Agreement.
d. Trademarks
The trademarks, logos and images will henceforth be known as ("Marks") displayed on this Site (dzoic.com, it's affiliated websites and subdomains), Software, and any accompanying written materials are the property of DZOIC LLC or other third parties. You are not permitted to use the Marks without the prior written consent of DZOIC LLC or such third party that may own the Marks.
e. User Infringement Liability
You may be held legally responsible for any infringement that is caused or encouraged by your failure to comply with the licensing provisions of this Agreement. Upon purchase of the DZOIC LLC Software, legal actions from DZOIC LLC can be directed toward you if you do not comply with the License Agreement.
2. DISCLAIMERS AND WARRANTY INFORMATION
a. No Warranty
Unless expressly provided otherwise in a separate agreement between you and DZOIC LLC, all information and software on and from this site are provided "as is," without warranty of any kind, either expressed or implied, including but not limited to; the implied warranties of merchantability, fitness for a particular purpose and non-infringement. DZOIC LLC assumes no responsibility for errors or omissions in the information or software or other documents at, referenced by, or linked to this site. You assume the entire risk for the results and performance of the Software.
Any references to corporations, their services and products, are provided "as is" without warranty of any kind, either expressed or implied including the warranties of merchantability, fitness for a particular purpose and non-infringement.
b. No Liability for Damages
In no event shall DZOIC LLC or anyone else involved in the creation, production or delivery of the Software or any accompanying written materials be liable for any damages whatsoever, including without limitation any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, loss of data, loss of other materials, loss of profits, business or other work interruption, or any other pecuniary losses, whether or not advised of the possibility of such damage, and based on any theory of liability, arising out of, or in connection with the use of or inability to use information, software or other materials obtained from using this Software or from the performance or lack of performance of this Software.
c. No Liability for Errors or Obligation to Update
DZOIC LLC Software could include technical or other inaccuracies or typographical errors. Changes are periodically added to the information herein; these changes will be incorporated in new versions of the Software at DZOIC LLCS' sole discretion. DZOIC LLC may make improvements and/or changes in the Software and any other product(s) or program(s) described on our site at any time. DZOIC LLC has no obligation to notify you of any changes of the Software or any other products or programs.
d. Support and Download Availability Obligation
Unless expressly provided otherwise in a separate agreement between you and DZOIC LLC, our software downloads and technical support will only be available if you have a current and active subscription to "Updates and Support". You will receive one free year upon initial purchase of a software license. Since your license is a lifetime license, you will always have the abiltiy to change your licensed domain and other information through your DZOIC account. We do recommend that you store a copy of your licensed software locally.
3. CUSTOMER REMEDIES
In no event shall DZOIC LLC's total liability to you for all damages, losses, and causes of action arising from or connected in any way with this Agreement including, without limitation, liability in contract, tort or under any other legal theory, ever exceed the initial amount paid by you for the Software. Initial amount is defined as the first payment to purchase the Software and does not include other fees incurred thereafter. This shall constitute your sole and exclusive remedy.
4. FEES AND PAYMENT
a. Fees and Payment Obligation.
Please carefully review and consider the price list before purchasing any products covered by this Agreement. DZOIC LLC reserves the right to change our prices at any time. We will post all price changes on our Site. Your acceptance of this Agreement indicates consent to the published prices. By accepting this Agreement, you consent to pay all fees and costs that you incur. Failure to pay timely and in full constitutes a material breach of this Agreement.
b. Payment
Upon verification of payment in full, DZOIC LLC will allow you to download the purchased Software within 1-5 business days but in most cases it can be downloaded immediately.
c. Refunds
Refunds for software is based on Software failure, not server issues or lack of features. Refunds cannot be issued in cases where your server does not meet Software requirements. Refunds are provided only after our support team has assisted in your installation and the Software fails to function fully. DZOIC LLC will determine if a refund is necessary based on individual situations. If a refund is provided, you must follow the termination guidelines detailed on Section 6 of this License Agreement. Refunds are not available after 1 month from purchase date.
Refunds are not provided if a client has not fully evaluated the Software demo and features prior to purchase.
Refunds are provided for services only if they have not been rendered/performed. Once the service has been performed by one of our technicians, refunds will not be given.
d. Cancellation
You may cancel your services at any time, by written notification of cancellation. For recurring services, all fees and services will cease at the end of your billing cycle and future charge will not incure. Refunds will only be provided according to our refund policy (4c). Upon cancellation, you must follow the termination guidelines detailed on Section 6 of this License Agreement.
e. Exchanges
We do not allow any exchanges for equiviliant software or services. All sales are final in accordance with our refund (4c) and cancellation (4d) policies
5. MISCELLANEOUS
DZOIC LLC reserves the right to reference any website or company using the Software in our sales and marketing literature.
6. TERMINATION
This Agreement is effective immediately upon your Software download and Software transfer from DZOIC LLC's servers to your computer. Proof of download will be based on DZOIC LLC's client status using our records and logs. Unless sooner terminated by DZOIC LLC, any license granted by this Agreement terminates in accordance with the method and timeframes specified in Section 1-A of this Agreement. Without prejudice to any other rights, DZOIC LLC may suspend, revoke, or terminate this Agreement if You fail to comply with any of its provisions. In such event, you shall delete all copies and instances of DZOIC LLC's Software(s) from your possession within 3 days of DZOIC LLC's License Agreement termination notice. If you fail to comply with our termination procedure, legal actions will be taken within 24 hours of the given 3 days grace period of compliance.
7. LAW
This License Agreement shall be construed, interpreted and governed by the laws of the United States without regard to conflicts of laws provisions thereof. The exclusive forum for any disputes arising out of, or relating to this License Agreement shall be an appropriate Federal or State court setting in the United States. This License Agreement shall constitute the entire Agreement between the parties hereto. DZOIC LLC has the right to modify this Agreement with each new release of the Software. You have the right to waiver the modifications and opt to abide by the previous Agreement and choose not to accept the new Software release and the modified License Agreement. If a court of competent jurisdiction finds any part of this License Agreement invalid or unenforceable, the remainder of this License Agreement shall be interpreted so as to reasonably affect the intention of the parties.