1. Grant of Limited License.
ZigZag grants to you the non-exclusive, limited right to install and use the ZigZag software program, FileUtils, downloaded or contained on the disk (the "Software"). The license permits a single user to install and use the Software on up to 5 machines. However, a single license does not allow multiple users to ever use Software on multiple machines, regardless of whether such use is concurrent.
2. Copyright.
The Software is owned by ZigZag and is protected by Netherlands copyright laws and by international treaty provisions. You should therefore treat the Software like any other copyrighted material (such as for example, books or musical recordings). Among other things, copyright laws prohibit you from making derivative works of the Software. You may, however, make copies of the Software solely for your individual and personal use on multiple computers, provided that you do not copy the Registration Key (see Section 3(a) below) and further provided that you include all copyright and proprietary rights notices on any copies. Notwithstanding the foregoing, you may not make copies for use on multiple machines if multiple users (including employees, agents, or contractors) will use those machines unless you purchase a corresponding number of seat licenses.
3. Other Restrictions.
(a) If your copy of the Software does not come with a Registration Key, you may register your copy of the Software by purchasing a Registration Key at https://fileutils.com or using the built-in "Purchase" function. The Registration Key will disable a feature of the Software that provides for intermittent reminders that you have not registered your copy of the Software. You may not copy the Registration Key.
(b) You may modify, reverse-engineer, decompile, or disassemble the Software. However, you may not do so for the purpose of disabling the feature of the Software that provides intermittent reminders that you have not registered your copy of the Software (i.e. circumventing the Registration Key system) or for the purpose of circumventing any of the terms of this License Agreement or any other provision of law.
(c) You may not claim that the Software is yours, and you may not use the name ZigZag to endorse or promote products derived from the Software without prior written permission.
(d) You must use the Software at all times in a manner that is consistent with the software licenses granted to you by other companies that have provided software for your computer. For example, the Software is designed to be used with the macOS operating system, and so you may not use the Software in a manner inconsistent with the macOS license agreement between you and Apple Computer, Inc.
(e) You may not distribute copies of the Software, in whole or in part, to any third party, nor may you use, rent, loan, sublicense, or lease the Software to third parties. You further may not use the Software to act as a service bureau or application service provider.
4. Warranties and Limitation of Liability.
THE SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. ZIGZAG FURTHER DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT ZIGZAG) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
IN NO EVENT SHALL ZIGZAG OR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION, MARKETING, DISTRIBUTION, OR DELIVERY OF THE SOFTWARE, BE LIABLE FOR ANY DAMAGES WHATSOEVER; INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, FOR BUSINESS INTERRUPTION, FOR LOSS OF BUSINESS INFORMATION, OR FOR OTHER MONETARY LOSS, ARISING OUT OF THE USE OF THE SOFTWARE OR THE INABILITY TO USE THE SOFTWARE, EVEN IF YOU HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL ZIGZAG BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES WHATSOEVER, WHETHER IN A CONTRACT ACTION, NEGLIGENCE OR OTHER TORT ACTION, OR OTHER CLAIM OR ACTION, ARISING OUT OF, OR IN CONNECTION WITH, THE USE OR PERFORMANCE OF THE SOFTWARE OR DOCUMENTS AND OTHER INFORMATION PROVIDED TO YOU BY ZIGZAG, OR IN THE PROVISION OF, OR FAILURE TO PROVIDE, SERVICES OR INFORMATION.
Because some states of the United States and some countries do not allow the exclusion or limitation of the liability for consequential or incidental damages, the above disclaimer may not apply to you. Any warranties that by law survive the foregoing disclaimers shall terminate ninety (90) days from the date you downloaded or otherwise received the Software.
5. Fees.
By clicking "Agree," you acknowledge that you have paid ZigZag any and all applicable license fees for the Software.
6. Your Warranty to ZigZag.
You warrant that all individuals having access to the Software will observe and perform all the terms and conditions of this License Agreement. You shall, at your own expense, promptly enforce the restrictions in this License Agreement against any person who gains access to your copy of the Software (i.e. the copy you obtain upon agreeing to this License Agreement or any other lawful copy you have made from this copy) with your permission or while your employee and who violates such restrictions, by instituting and diligently pursuing all legal and equitable remedies against him or her. You agree to immediately notify ZigZag in writing of any misuse, misappropriation or unauthorized disclosure, display or copying of the Software that may come to your attention. You agree to indemnify and hold harmless ZigZag from any and all claims resulting from your use of the Software or breach of this Agreement.
7. Terms of Service.
If you downloaded the Software, ZigZag servers will automatically log certain non-personal information from your computer, information such as your IP address. If you decide you wish to purchase a Registration Key, we require that you provide us with certain billing information that is personal to you ("Personal Information"). That Personal information includes your name, address and credit card number and may also include other information such as your email address. After we have received payment from your credit card company, we save only the last five digits of your credit card for identification purposes.
To the extent ZigZag may access Personal Information, ZigZag will not transmit Personal Information voluntarily to any third party without your express consent. Your Personal Information remains in your full control.
ZigZag may, on occasion, use your IP address to help diagnose problems with our server and to administer its website. ZigZag may provide aggregate statistics about our customers, traffic patterns, and related site information to reputable third-party vendors. In this process, the information that ZigZag collects remains anonymous to third parties. ZigZag may derive general information from your Personal Information and web usage. ZigZag will not voluntarily disclose, sell or trade your Personal Information to any third party without your consent.
8. Export Control Laws.
You agree to comply with all laws, rules and regulations applicable to the export of the Software. Specifically, you shall not export, re-export or transship the Software, or the direct product thereof, in violation of any local or international laws and regulations which may from time to time be applicable. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
9. Injunctive Relief.
Because of the unique nature of the Software, you understand and agree that ZigZag will suffer irreparable injury in the event you fail to comply with any of the terms of paragraph 3 of this License Agreement and that monetary damages may be inadequate to compensate ZigZag for such breach. Accordingly, you agree that ZigZag will, in addition to any other remedies available to it at law or in equity, be entitled to injunctive relief, without posting a bond, to enforce the terms of this Agreement.
10. Termination.
You may terminate this Agreement at any time. ZigZag may immediately terminate this License Agreement if you breach any representation, warranty, agreement or obligation contained or referred to in this License Agreement. Upon termination, you must dispose of the Software and all copies or versions of the Software by destroying the Software. The provisions of Sections 3, 4, 5, 6, 7, 8, 9 and 11 of this License Agreement shall survive termination of this Agreement.
COPYRIGHT NOTICE. Copyright (c) 2024 ZigZag, Newtonlaan 112, 5223 DX ’s-Hertogenbosch, The Netherlands. All rights reserved. Any rights not expressly granted in this License Agreement are reserved.