JBuddy-CF Evaluation Agreement

You are about to request access to Zion Software's JBuddy-CF Evaluation download. Please review the Evaluation Agreement below. You must accept the agreement in order to proceed.

International License Agreement for JBuddy-CF Evaluation Software

General Terms
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING JBUDDY-CF. ZION SOFTWARE WILL LICENSE JBUDDY-CF EVALUATION TO YOU ONLY IF YOU FIRST ACCEPT THE TERMS OF THIS AGREEMENT. BY USING JBUDDY-CF EVALUATION YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY DESTROY ALL COPIES OF JBUDDY-CF EVALUATION, INCLUDING DOCUMENTATION, AND LICENSE INFORMATION FROM YOUR COMPUTER SYSTEMS.

JBuddy-CF is owned and all rights reserved by Zion Software, LLC (Zion Software) and is licensed, not sold.

The term "JBuddy", "JBuddy-CF" or "JBuddy SDK" means the original program and all whole or partial copies of it. A Program consists of machine-readable instructions, its components, data, audio-visualcontent (such as images, text, recordings, or pictures), and related licensed materials.

This Agreement includes General Terms and is the complete agreement regarding the evaluation of JBuddy-CF, and replaces any prior oral or written communications between you and Zion Software.

1. License to Use
If your Evaluation Request is approved by Zion Software, you will be granted a nonexclusive license to evaluate JBuddy-CF during the evaluation period', not to exceed thirty (30) days from the date you receive the evaluation software and license.

1.1 NDA You agree not to discuss or disclose INFORMATION obtained by you during your participation in the JBuddy-CF Evaluation program with anyone except Zion Software staff unless such INFORMATION is more widely known. In such cases, the limitation of your discussion or disclosure is limited to the context you obtained such INFORMATION. For example: You may discuss INFORMATION in the event_gateway forum held by Macromedia if you first obtained the INFORMATION in that context, however you are not permitted to discuss or disclose INFORMATION beyond this context except as noted with Zion Software staff. INFORMATION includes but is not limited to software performance, software defects (bugs), licensing terms, etc.

1.2 The purpose of the JBuddy-CF Evaluation program is to explore the possibilities of adding public IM to your ColdFusion MX Enterprise applications. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.

2. Charges and Taxes
The JBuddy-CF Evaluation software is licensed for free, as a no-cost download solely for the purpose of evaluating the practical uses of JBuddy-CF within ColdFusion MX Enterprise. After the Evaluation period, contact Zion Software to obtain a JBuddy-CF Development or Deployment License when you are ready for JBuddy-CF.

3. No Warranty
SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED, ZION SOFTWARE MAKES NO WARRANTIES OR CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTY OF NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING JBuddy-CF OR TECHNICAL SUPPORT, IF ANY.

4. Limitation of Liability
NEITHER ZION SOFTWARE NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR ANY INCIDENTAL, SPECIAL, OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES, EVEN IF ZION SOFTWARE IS INFORMED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.

5. General
Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.

Zion Software may terminate your license if you fail to comply with the terms of this Agreement. If Zion Software does so, you must immediately destroy JBuddy-CF and all copies you made of it.

You agree to comply with applicable export laws and regulations.

Neither you nor Zion Software will bring a legal action under this Agreement more than two years after the cause of action arose unless otherwise provided by local law without the possibility of contractual waiver or limitation.

Neither you nor Zion Software is responsible for failure to fulfill any obligations due to causes beyond its control.