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I-WayInfo License Agreement


Oodenaa Zem, Inc.

READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE INSTALLING THE SOFTWARE MEDIA PACKAGE. BY INSTALLING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT.
  1. LICENSE TO USE. Oodenaa Zem grants you a single, non-exclusive and non-transferable license for the internal use only of the accompanying software, data, and documentation and any error corrections provided by Oodenaa Zem (collectively "Software"), by the number of users and the class of computer hardware for which the corresponding fee has been paid.

  2. LICENSE GRANT TERMS APPLICABLE FOR EVALUATION USE. If your use of the Software is for the purpose of evaluating whether to purchase a license for the Software, you are subject to the remaining terms of this Agreement and hereby granted a non-exclusive license to use the software during a single evaluation period of fourteen (14) days (or such other limited evaluation period as may be designated by Oodenaa Zem Incorporated).

  3. UPDATES. The Software and any updates provided pursuant to any support agreement with Oodenaa Zem Incorporated ("Updates") are licensed as a single product; the Updates may not be separated from the Software for use by more than one user.

  4. RESTRICTIONS Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Oodenaa Zem and/or its licensors. Except as specifically authorized in any Supplemental License Terms, you may not make copies of Software, other than a single copy of Software for archival purposes. Unless enforcement is prohibited by applicable law, you may not modify, decompile, reverse engineer Software. Software is not designed or licensed for use in on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility. You warrant that you will not use Software for these purposes. You may not publish or provide the results of any benchmark or comparison tests run on Software to any third party without the prior written consent of Oodenaa Zem. No right, title or interest in or to any trademark, service mark, logo or trade name of Oodenaa Zem or its licensors is granted under this Agreement.

  5. LIMITED WARRANTY. Software is provided "AS IS". Your exclusive remedy and Oodenaa Zem's entire liability under this limited warranty will be at Oodenaa Zem's option to replace Software media or refund the fee paid for Software.

  6. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

  7. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL OODENAA ZEM OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF OODENAA ZEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Oodenaa Zem's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.

  8. Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Oodenaa Zem if you fail to comply with any provision of this Agreement. Upon Termination, you must destroy all copies of Software.

  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. U.S. Government Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1 (a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(Oct 1988), FAR 12.212 (a) (1995), FAR 52.227-19 (June 1987), or FAR 52.227-14(ALT III) (June 1987), as applicable.

  11. Governing Law. Any action related to this Agreement will be governed by Georgia law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.

  12. Severability. If any provision of this Agreement is held to be unenforceable, This Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.

  13. Integration. This Agreement is the entire agreement between you and Oodenaa Zem relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.

Copyright © 2000-2007 Oodenaa Zem, Inc. All Rights Reserved.
e-mail:  support@iWayInfo.com

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