Tunopia 1.0

EULA - End User License Agreement

End User License Agreement for
Tunopia

This End User License Agreement (“EULA”) is a legal contract between you (either an individual or a single entity) and Zimbar LLC detailing the terms and conditions applicable to your use of Tunopia (the “Software”). The term "Software" shall include the Tunopia executable files, associated dependency files, electronic documentation, media samples, and any other files packaged within the application setup file. This EULA is valid and grants the end user license rights only if the Software and its packaging have not been altered in any way. By installing or using the Software, you are agreeing to all the terms and conditions set forth in this EULA. If you do not agree with the terms and conditions of this EULA, you are not permitted to install or use the Software. Zimbar LLC reserves the right to alter any part of this EULA.

LICENSE GRANT

The Software is licensed, not sold. Purchasing the license authorizes you to legally use the software beyond the initial evaluation period. If you do not wish to use the Software beyond the evaluation period then you must remove any and all copies of the Software from your computer system and any other type of storage media.

1. GRANT OF LICENSE. Each license entitles you to install the Software on a maximum of one computer at any given time. You may also make one copy of the Software for backup or archival purposes. For installation and use on multiple computers, you must purchase a separate license for each computer.

2. DECOMPILATION. You agree not to modify, adapt or translate the Software. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software.

3. OTHER RESTRICTIONS. You may not share, rent, sell, lease, encumber, sublicense or lend the Software. This user license is nontransferable. Since you have the opportunity to try the Software before purchasing it, the registration payment is non-refundable.

COPYRIGHT

The Software is protected by United States copyright laws and international copyright treaty provisions, as well as other intellectual property laws and treaties. The “Tunopia” name, the Tunopia logo, and the Software are exclusively owned by Zimbar LLC. All rights are reserved.

UNREGISTERED USERS

Unregistered versions of the Software are time-limited, and are intended for demonstration purposes only. Individual copies of the unregistered versions of the Software may be distributed, as long as all of the files remain in their original, unaltered state. The unregistered version of the Software may be evaluated for a limited number of days, not to exceed ninety (90) days. The continued use of the Software for any length of time beyond the initial evaluation period is prohibited.

DISTRIBUTION

Under no circumstances can a registered version of the Software to be distributed by anyone other than Zimbar LLC. The Software may not be re-distributed by any means including but not limited to file sharing services, USENET bulletin boards, e-mail, FTP transfers, IRC(Internet Relay Chat), or Internet virtual meeting places.

If you are a licensed user, you must contact Zimbar LLC in order to receive the most recent version of the Software, or to obtain replacement copies of the Software. Under no circumstances shall any entity sell, lease, or distribute the Software without prior written consent from Zimbar LLC.

DISCLAIMER

The Software is provided “as is” without warranty of any kind expressed or implied. Zimbar LLC does not and cannot warrant the performance or results you may obtain by using the software. Zimbar LLC makes no warranties, express or implied, as to non-infringement, merchantability or fitness for any particular purpose. In no event shall Zimbar LLC be held liable for any damages whatsoever, including but not limited to loss of business or loss of income, resulting from the use of the Software. Your exclusive remedy and the entire liability of Zimbar LLC for any reason shall be limited to the amount paid by you for the software

If you receive, or download the Software from an unauthorized distribution source, Zimbar LLC cannot guarantee that the Software has not been altered, tampered with, or infected with a computer virus, spyware, or trojan. If you do not feel that you can trust the distribution source then you should not use the Software without first verifying the distributor with Zimbar LLC.

PRIVACY

The Software provides the option to transmit usage data to the Zimbar Internet servers for statistical compilation and analysis. No personally identifiable data is ever transmitted. The Software provides you the option to enable or disable the sharing of your usage data.

GOVERNING LAW AND GENERAL PROVISIONS

This EULA shall be governed and construed under the laws of the state of Washington in the United States of America. Litigations, disputes, and any other legal proceedings associated with the Software shall be held in either the city of Issaquah, Washington or the city of Seattle, Washington at the discretion of Zimbar LLC.

This EULA is the entire agreement between the parties with respect to the Software, and supersedes any purchase order, communication, advertisement, or representation concerning the Software. This EULA shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors, assigns and legal representatives. If any provision herein is found void or unenforceable, it will not affect the validity of the balance of the EULA, which shall remain valid and enforceable according to its terms. This EULA may only be modified in writing signed by an authorized officer of Zimbar LLC.

TERMINATION

This EULA shall automatically terminate upon failure by you to comply with its terms. You may also terminate this EULA at any time by uninstalling and destroying the Software and all copies thereof.