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Zerene Stacker: License Terms

Here is a draft representation of the end-user license agreement for Zerene Stacker Version 1.04.

This version is provided for planning purposes only and may contain slightly different wording from the official agreement provided when the software is downloaded and installed to start your trial period.

END-USER LICENSE AGREEMENT

This End-User License Agreement is a legal agreement between you and Zerene Systems, LLC (“ZERENE SYSTEMS”), for the software product “Zerene Stacker” and related documentation (“SOFTWARE”). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this license agreement. If you do not agree to the terms of this license agreement, then do not install or use the SOFTWARE.

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.

Subject to the following terms and conditions, you are granted a non-exclusive, non-transferable license to use the SOFTWARE. ZERENE SYSTEMS reserves any and all rights not expressly granted to you.

Terms and Conditions

1. LIMITED DURATION FREE TRIAL. If you have not purchased a license, then the accompanying SOFTWARE is provided as a limited duration free trial. You may use this version for a period of approximately 30 days from the time of first execution on your computer. The expiration date is shown by the SOFTWARE when it is started, and under Help About. You may not use this version of the SOFTWARE beyond that period as a free trial. You may, however, download and use later versions of the SOFTWARE that permit extended or additional trial periods, to the extent that such versions are made available by ZERENE SYSTEMS.

2. PURCHASED LICENSES. If you have purchased a license, then terms of use depend on the type of that license, as follows:

2a. PROFESSIONAL EDITION. Each Professional Edition license allows execution of the SOFTWARE on only one computer at any given time. If the license is used exclusively by one person, then it can be installed on up to four computers. If the license is used by multiple persons, then it can be installed on only one computer, with the exception that a second copy can be installed on a portable computer for capability development and demonstrations. There are no restrictions on the use of images produced by Professional Edition licenses, unless such restrictions are listed as Special Terms within the license key.

2b. PROSUMER EDITION. Each Prosumer Edition license allows execution of the SOFTWARE on only one computer at any given time, but it can be installed on up to three computers and used by either one individual or by multiple members of a family living unit, one at a time. Prosumer Edition can be used for educational instruction and preparation of instructional materials. However, Prosumer Edition cannot be used to support any other corporate, organizational, or government activity, including funded research and documentation of scientific collections, or in connection with any other activity that produces income or other tangible reward greater than the cost of a Professional Edition license.

2c. PERSONAL EDITION. Each Personal Edition license allows execution of the SOFTWARE on only one computer at any given time, but it can be installed on up to three computers and used by either one individual or by multiple members of a family living unit, one at a time. Personal Edition can be used for educational instruction and preparation of instructional materials. However, Personal Edition cannot be used to support any other corporate, organizational, or government activity, including funded research and documentation of scientific collections, or in connection with any other activity that produces income or other tangible reward greater than the cost of a Professional Edition license.

2d. STUDENT EDITION. Each Student Edition license allows execution of the SOFTWARE on only one computer at any given time, but it can be installed on up to three computers. The user must be the individual named in the license, and the user must be enrolled in a degree- or certificate-granting program at an accredited educational institution or an officially approved home-school program. Images produced by Student Edition licenses cannot be used in connection with any corporate, organizational, government, or income-producing activity except those that are directly related to the student's educational status.

2e. INSTRUCTIONAL LAB EDITION. Each Instructional Lab Edition license allows simultaneous execution of the SOFTWARE on up to four computers at the same time for instructional purposes. In addition, it allows course preparation and other professional or personal work by one faculty or staff member on another computer. There are no restrictions on use of images produced by Instructional Lab Edition licenses, unless such restrictions are listed as Special Terms within the license key.

3. COPIES FOR INSTALLATION AND BACKUP. You may make an unlimited number of exact copies of the SOFTWARE and license key as needed to install and execute the SOFTWARE on computers allowed by the license. You may also make an unlimited number of copies as part of your customary backup procedures.

4. NO OTHER COPIES. You are not allowed to make copies of the SOFTWARE or any portion thereof for purposes other than described above.

5. NO DISTRIBUTION OF LICENSE KEYS. You are not allowed to transfer or distribute your license key to persons who would not be allowed as users under the terms of the license. You agree to protect your license key to prevent such transfer or distribution.

6. OTHER RESTRICTIONS. You are not allowed to sell, resell, rent, or lease the SOFTWARE or allow it to be used by other people not permitted by the above terms. You are not allowed to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or algorithms of the Software. You are not allowed to circumvent the licensing mechanism, or to manipulate the SOFTWARE or its environment in such a way as to extend the free trial period.

7. INFORMATION REPORTING AND COLLECTION. When connected to the Internet, the SOFTWARE may from time to time report to ZERENE SYSTEMS the IP address of the executing machine, the Zerene Stacker version number, and the license key identifier. This information is used for piracy protection. If you do not agree to allow such data reporting and collection, then you are not allowed to use the SOFTWARE. By default, the SOFTWARE may also collect and report statistical summaries regarding software actions and general computer characteristics, used to improve program performance and capabilities. You can opt out of providing this statistical information by Preferences settings within the SOFTWARE.

8. NO WARRANTY. THIS SOFTWARE IS PROVIDED “AS IS”. ZERENE SYSTEMS AND ITS REPRESENTATIVES MAKE NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL ZERENE SYSTEMS, THEIR REPRESENTATIVES, THE SOFTWARE DEVELOPERS, OR THE DEVELOPERS AND SUPPLIERS OF ANY SOFTWARE COMPONENT DISTRIBUTED IN CONJUNCTION WITH THE SOFTWARE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

9. EXPORT REGULATIONS. All software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.

10. JAVA RUNTIME ENVIRONMENT. Certain components of Oracle Corporation's Java Runtime Environment are packaged with the provided SOFTWARE, in accordance with Oracle Corporation's Binary Code License Agreement. A copy of this agreement is provided below. Your acceptance of terms and conditions for the SOFTWARE provided by ZERENE SYSTEMS also constitutes your acceptance of the terms and conditions of Oracle Corporation's Binary Code License Agreement as it applies to their components.

11. JAVA ADVANCED IMAGING. Certain components of Sun Microsystems' Java Advanced Imaging software are packaged with the provided SOFTWARE, in accordance with Sun's Binary Code License Agreement, CODECLIB FOR JAI-IMAGE I/O. A copy of this agreement is provided below. Your acceptance of terms and conditions for the SOFTWARE provided by ZERENE SYSTEMS also constitutes your acceptance of the terms and conditions of Sun's Binary Code License Agreement as it applies to their components.

12. JDOM. This product includes software developed by the JDOM Project (http://www.jdom.org/), distributed under terms of the JDOM license. A copy of this license is provided below. Your acceptance of terms and conditions for the SOFTWARE provided by ZERENE SYSTEMS also constitutes your acceptance of the terms and conditions of the JDOM license as it applies to their components.

13. IJG-JPEG. The SOFTWARE is based in part on the work of the Independent JPEG Group. It incorporates libjpeg version 7, from http://www.ijg.org/ in accordance with its licensing terms.

14. LIBPNG. The SOFTWARE incorporates libpng version 1.2.29, from http://sourceforge.net/projects/libpng, in accordance with its embedded licensing terms.

15. ZLIB. The SOFTWARE incorporates zlib version 1.2.3, from http://www.zlib.net/, in accordance with its embedded licensing terms.

16. LIBTIFF. The SOFTWARE incorporates libtiff version 4.0.0beta3, in accordance with its licensing terms as copied below.

17. GOVERNING LAW AND GENERAL PROVISIONS. This EULA will be governed by the laws of the State of Washington, U.S.A.

The additional agreements referenced by clauses 10 through 16 are not provided here, but are included with the installed software as described.