Garlic D'zign, LLC. KeZoor Software License Agreement


IMPORTANT --- READ CAREFULLY.
By using the KeZoor Software, you are agreeing to be bound by the terms of this Agreement, including the WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, and TERMINATION PROVISIONS. If you do not agree to the terms of this Agreement KeZoor will not be installed under your domain name and/or current users, KeZoor will be removed.

For the purposes of this document, The Software is in fact KeZoor Content Management Software.


LICENSE TERMS

1. The KeZoor Software is supplied by Garlic D'zign, LLC. and is licensed, not sold, under the terms of this Agreement and Garlic D'zign, LLC. reserves all rights not expressly granted to you. Garlic D'zign, LLC. retains the ownership of the KeZoor Software.

2. Software License:

a. Garlic D'zign grants you a license to use one copy of the KeZoor Software. You may not modify or disable any licensing or control features of the KeZoor Software.

b. The KeZoor Software is licensed to operate on only one domain/hostname.

c. Only one company may use the KeZoor Software for its intended purpose on the hostname. This company may not sell the products or services of other companies in the capacity of an on-line mall or buyer service. If more than one company wishes to use the KeZoor Software they must purchase a separate license.

d. You may install one copy of the KeZoor Software per purchased license.

3. License Restrictions:

a. By accepting this Agreement you are agreeing not to reverse engineer, recompile, or disassemble the KeZoor Software Application, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

b. You are the exclusive licensee of the KeZoor Software and sharing any source code of the KeZoor Software with any individual or entity is a violation of copyright laws and international treaties and cause for license termination.

c. Modifying any portion of the KeZoor Software source code or asking any individual or entity to modify the KeZoor Software source code other than Garlic D'zign,LLC. is a violation of copyright laws and international treaties and cause for license termination.

d. Garlic D'zign, LLC. is not required to notify you of or to provide you freely with any upgrades to the KeZoor Software. However, upgrades are done FREE of charge as the upgrades occur.

e. You may not sell, offer for sale or otherwise transfer the KeZoor Software and/or License to another party without express permission from Garlic D'zign, LLC.

f. Garlic D'zign, LLC. reserves the right to modify this Agreement at any time. In the event Garlic D'zign, LLC. modifies this Agreement, a new version will be posted on the website at http://www.garlicdzign.com. An email will be sent to notify you of those changes.

4. Proprietary Rights: All title and copyrights in and to the KeZoor Software (including, without limitation, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the KeZoor Software Application), the accompanying media and printed materials, and any copies of the KeZoor Software are owned by Garlic D'zign, LLC.. The KeZoor Software is protected by copyright laws and international treaty provisions. Therefore, you must treat the KeZoor Software like any other copyrighted material, subject to the provisions of this Agreement.

5. Termination Rights: Without prejudice to any other rights, Garlic D'zign, LLC. may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event, you must destroy all copies of the KeZoor Software and all of its component parts, and Garlic D'zign, LLC. may suspend or deactivate your use of the KeZoor Software with or without notice.

6. Export Control: You may not export or re-export the KeZoor Software or any copy or adaptation of the KeZoor Software in violation of any applicable laws or regulations.

Garlic D'zign, LLC. . does not warrant that the operation of KeZoor Software will be uninterrupted or error free. Garlic D'zign, LLC. KeZoor Software may contain third-party functions or may have been subject to incidental use.

8. Garlic D'zign, LLC. is not responsible for problems resulting from improper or inadequate maintenance or configuration; software or interface routines or functions NOT developed by Garlic D'zign, LLC.; unauthorized specifications for the KeZoor Software; improper site preparation or maintenance; Beta Software; encryption mechanisms or routines.

Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the KeZoor Software. IN NO EVENT WILL Garlic D'zign, LLC. OR ITS SUPPLIERS BE LIABLE FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT OR LOST SAVINGS) OR OTHER DAMAGE WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE EVEN IF A Garlic D'zign, LLC. REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or provinces do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.


9. Submissions: Should you decide to transmit to Garlic D'zign, LLC. by any means or by any media any information (including, without limitation, ideas, concepts, or techniques for new or improved services and products), whether as information, feedback, data, questions, comments, suggestions, or the like, you agree such submissions are unrestricted and shall be deemed non-confidential and you automatically grant Garlic D'zign, LLC. and its assigns a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license, with the right to sub license, to use, copy, transmit, distribute, create derivative works of, display, and perform the same.

10. Distribution and Backups

a. DISTRIBUTION OF THE REGISTERED VERSION OF THE KeZoor Software IS STRICTLY PROHIBITED and is a violation of United States copyright laws and international treaties punishable by severe criminal and civil penalties.

b. You may make copies of the Registered Version of the KeZoor Software for backup purposes only. All backup copies must be an exact copy of the original KeZoor Software.

11. Governing Law: The validity, construction, and performance of this Agreement will be governed by the substantive law of the State of Florida.

12. U.S. Government Restricted Rights: The Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in sub-paragraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or sub-paragraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer for such purposes is Garlic D'zign, LLC., 1900 Elaine Dr. Clearwater Florida 33760.