Software License Agreement

Software and other executables made available through this web site are governed by this license agreement.

BY USING THE SOFTWARE OR ACCOMPANYING DOCUMENTATION, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.

This Agreement is a license agreement between you (the "User") and Thomas Zuber, including ZuberPhotographics, (the "Provider") for the use of any software, action, macro or any other executable (collectively known as the "Software"), documents, web pages, or other supporting material (collectively known as the "Documentation") you receive from the Provider.  The Software and Documentation is protected by both United States and International copyright law.

This license is not a sale.  Title and copyrights to the Software, accompanying Documentation and any copy made by you remain with Thomas Zuber.  Unauthorized copying of the Software or the accompanying Documentation or failure to comply with this license agreement, is prohibited.
 

Permitted uses

The Software and Documentation can only be used for the purposes it was intended to be used as described by the Provider.
 

Uses not permitted

You may not:

• Make copies of the Software or Documentation, except as permitted in this agreement.
• Distribute the Software or Documentation.
• Alter, decompile, disassemble, or reverse engineer the Software.
• Remove, or alter the copyright notices.
• Rent, lease, sub-license or transfer the Software, Software copies, Documentation, Related Materials or your rights under this license without the prior written consent of Thomas Zuber.

 

Disclaimer of Warranties

The Software and Documentation are provided "AS IS" and without warranties of any kind, whether express or implied.  To the fullest extent permitted by applicable law, the Provider disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose.   The Provider expressly disclaims any warranty that the functions contained in the Software or described in the Documentation will be uninterrupted or free of errors, or that defects will be corrected.  The Provider makes no warranties or representations, express or implied, regarding the Software or Documentation with regard to their correctness, reliability, accuracy, or otherwise.
 

Limitation of Liability

Neither Thomas Zuber nor ZuberPhotographics shall be responsible or liable to any person, firm, or corporation for any loss, damage, injury, claim, or liability of any kind or character based on or resulting from any use of the Software or Documentation.

This limitation will apply even if the Provider has been advised of the possibility of such damage.  The User acknowledges their use of the Software or Documentation reflects this allocation of risk. 
 

Non-Waiver

The failure of the Provider to enforce or require enforcement of any provisions of this license agreement will not constitute, or be construed to be, a waiver of the provisions of the license agreement, nor will it affect the Provider's right to enforce all provisions of the license agreement thereafter.
 

Governing Law; Invalidity of Separable Provisions; Entire Agreement

This Agreement shall be construed and governed in accordance with the laws of the State of North Carolina, U.S.A., regardless of the place or places of its physical execution and performance.  Any actions brought by the Provider or User based on or arising out of this Agreement shall be brought exclusively in the United States District Court for the Eastern District of North Carolina, or in a state court located in said district.  If any term or provision of this Agreement is for any reason held to be invalid, such invalidity shall not affect any other term or provision, and this Agreement shall be interpreted as if such term or provision had never been contained in this Agreement.  This Agreement contains the entire understanding of the Provider and User with respect to its subject matter.