At Zigback we recognize that privacy is important. This
document outlines the types of personal information we
receive and collect when you use Zigback's services, as well
as some of the steps we take to safeguard information. We
hope this will help you make an informed decision about
sharing personal information with us.
Scope
This notice offers highlights of the full Zigback Privacy
Policy, which describes in detail the privacy practices that
apply to Zigback's products, services and websites worldwide
(collectively, Zigback's "services"). You can also get more
information about the privacy practices for specific Zigback
services in the navigation bar to the left of this notice.
Personal information and other data we collect
- Zigback collects personal information when you
register for a Zigback service or otherwise voluntarily
provide such information. We may combine personal
information collected from you with information from
other Zigback services or third parties to provide a
better user experience, including customizing content
for you.
- Zigback uses cookies and other technologies to
enhance your online experience and to learn about how
you use Zigback services in order to improve the quality
of our services.
- Zigback's servers automatically record information
when you visit our website or use some of our products,
including the URL, IP address, browser type and
language, and the date and time of your request.
Uses
- We may use personal information to provide the
services you've requested, including services that
display customized content and advertising.
- We may also use personal information for auditing,
research and analysis to operate and improve Zigback
technologies and services.
- We may share aggregated non-personal information
with third parties outside of Zigback.
- When we use third parties to assist us in processing
your personal information, we require that they comply
with our Privacy Policy and any other appropriate
confidentiality and security measures.
- We may also share information with third parties in
limited circumstances, including when complying with
legal process, preventing fraud or imminent harm, and
ensuring the security of our network and services.
- Zigback processes personal information on our
servers in the United States of America and in other
countries. In some cases, we process personal
information on a server outside your own country.
Your choices
- We offer you choices when we ask for personal
information, whenever reasonably possible. You can find
more information about your choices in the privacy
notices or FAQs for specific services.
- You may decline to provide personal information to
us and/or refuse cookies in your browser, although some
of our features or services may not function properly as
a result.
- We make good faith efforts to provide you access to
your personal information upon request and to let you
correct such data if it is inaccurate and delete it,
when reasonably possible.
More information
For information about specific Zigback services, please
check the relevant privacy notice in the navigation bar to
the left.
For more information about our privacy practices, go to
the full privacy policy. If you have additional questions
regarding your privacy and Zigback, please contact us
here. Please note that we will not respond to inquiries
not related to Zigback's Privacy Policy.
(f)"Block" means
attempt to prevent the web site from loading in current browser window
2. License Grants
(a) You may install and use the Software on a single computer; OR
install and store the Software on a storage device, such as a network
server, used only to install the Software on your other computers over
an internal network, provided you have a license for each separate
computer on which the Software is installed and run. A license for the
Software may not be shared, installed or used concurrently on different
computers.
(b) In the event the Software is distributed along with other Zigback
software products as part of a suite of products (collectively, the
"Studio"), the license of the Studio is licensed as a single product and
none of the products in the Studio, including the Software, may be
separated for installation or use on more than one computer.
(c) You may make one copy of the Software in machine-readable form
solely for backup purposes. You must reproduce on any such copy all
copyright notices and any other proprietary legends on the original copy
of the Software.
(d) Education Versions may not be used for, or distributed to any party
for, any commercial purpose.
(e) You agree that Zigback may audit your use of the Software for
compliance with these terms at any time, upon reasonable notice.
(f) Your license rights under this EULA are non-exclusive.
3. License Restrictions
(a) Other than as set forth in Section 2, you may not make or distribute
copies of the Software, or electronically transfer the Software from one
computer to another or over a network.
(b) You may not alter, merge, modify, adapt or translate the Software,
or decompile, reverse engineer, disassemble, or otherwise reduce the
Software to a human-perceivable form.
(c) Unless otherwise provided herein, you may not rent, lease, or
sublicense the Software.
(d) Other than with respect to a Trial Version or a Not For Resale
Version of the Software, you may permanently transfer all of your rights
under this EULA only as part of a sale or transfer, provided you retain
no copies, you transfer all of the Software (including all component
parts, the media and printed materials, any upgrades, this EULA, and the
serial numbers), and the recipient agrees to the terms of this EULA. If
the Software is an upgrade, any transfer must include all prior versions
of the Software from which you are upgrading. You may retain no copies
of the Software. You may not sell or transfer any Software purchased
under a volume discount. You may not sell or transfer any Trial Version
or Not For Resale Version of the Software. If the copy of the Software
is licensed as part of the Studio (as defined above), the Software shall
be transferred only with and as part of the sale or transfer of the
whole Studio and not separately.
(e) Unless otherwise provided herein, you may not modify the Software or
create derivative works based upon the Software.
(f) Unless otherwise provided herein, you shall not (A) in the
aggregate, install or use more than one copy of the Trial Version of the
Software, (B) download the Trial Version of the Software under more than
one username, (C) alter the contents of a hard drive or computer system
to enable the use of the Trial Version of the Software for an aggregate
period in excess of the trial period for one license to such Trial
Version, and (D) use the Trial Version of the Software for a purpose
other than the sole purpose of determining whether to purchase a license
to a commercial or education version of the software; provided, however,
notwithstanding the foregoing, you are strictly prohibited from
installing or using the Trial Version of the Software for any commercial
training purpose.
(g) You may only use the Not for Resale Version of the Software to
review and evaluate the Software.
(h) You may not export the Software into any country prohibited by the
United States Export Administration Act and the regulations thereunder.
(i) You may receive the Software in more than one medium but you shall
only install or use one medium. Regardless of the number of media you
receive, you may use only the medium that is appropriate for the server
or computer on which the Software is to be installed.
(j) In the event that you fail to comply with this EULA, Zigback may
terminate the license and you must destroy all copies of the Software
(with all other rights of both parties and all other provisions of this
EULA surviving any such termination).
4. Upgrades
If this copy of the Software is an upgrade from an earlier version of
the Software, it is provided to you on a license exchange basis. You
agree by your installation and use of such copy of the Software to
voluntarily terminate your earlier EULA and that you will not continue
to use the earlier version of the Software or transfer it to another
person or entity unless such transfer is pursuant to Section 3.
5. Prior Same Version License
If this copy of the Software is licensed as part of the Studio (as
defined above), and you have a prior license to the same version, and
the Studio was licensed to you with a discount based, in whole or in
part, on your prior license to the same version, the Software is
provided to you on a license exchange basis. You agree by your
installation and use of this copy of the Software to voluntarily
terminate your EULA with respect to such prior license and that you will
not continue to install or use such prior license of the Software or
transfer it to another person or entity.
6. Ownership
The foregoing license gives you limited license to use the Software.
Zigback and its suppliers retain all right, title and interest,
including all copyright and intellectual property rights, in and to, the
Software (as an independent work and as an underlying work serving as a
basis for any application you may develop), and all copies thereof. All
rights not specifically granted in this EULA, including Federal and
International Copyrights, are reserved by Zigback and its suppliers.
7. LIMITED WARRANTY AND DISCLAIMER
(a) Except with respect to the Trial Version and Not For Resale Version
of the Software, Zigback warrants that, for a period of thirty (30) days
from the date of delivery (as evidenced by a copy of your receipt): (i)
when used with a recommended hardware configuration, the Software will
perform in substantial conformance with the documentation supplied with
the Software; and (ii) the physical media on which the Software is
furnished will be free from defects in materials and workmanship under
normal use.
(b) Zigback PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR
IMPLIED, FOR THE TRIAL VERSION AND THE NOT FOR RESALE VERSION OF THE
SOFTWARE. THE TRIAL VERSION AND THE NOT FOR RESALE VERSION OF THE
SOFTWARE ARE PROVIDED "AS IS".
(c) EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY WITH RESPECT
TO SOFTWARE OTHER THAN THE TRIAL VERSION AND NOT FOR RESALE VERSION,
ZIGBACK AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND
REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO,
THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT.
ZIGBACK DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE
WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF
THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. THE
SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS
ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION,
THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR
FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC
CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. ZIGBACK SPECIFICALLY
DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
(d) THE SOFTWARE MAY ALLOW FOR THE TRANSMISSION OF ACCOUNT PASSWORD
INFORMATION FROM ZIGBACK TO YOU. ZIGBACK RESERVES THE RIGHT TO CANCEL
THIS TRANSMISSION OF MUSIC AT ANY TIME WITHOUT NOTICE TO YOU.
(e) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE
SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30)
DAYS FROM THE DATE OF DELIVERY.
(f) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ZIGBACK, ITS
DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN
ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
(g) (USA ONLY) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS
THAT VARY FROM STATE TO STATE.
8. Exclusive Remedy
Your exclusive remedy under the preceding is to return the Software to
the place you acquired it, with a copy of your receipt and a description
of the problem. Provided that any non-compliance with the above warranty
is reported in writing to Zigback no more than thirty (30) days
following delivery to you, Zigback will use reasonable commercial
efforts to supply you with a replacement copy of the Software that
substantially conforms to the documentation, provide a replacement for
defective media, or refund to you your purchase price for the Software,
at its option. Zigback shall have no responsibility if the Software has
been altered in any way, if the media has been damaged by misuse,
accident, abuse, modification or misapplication, or if the failure
arises out of use of the Software with other than a recommended hardware
configuration. Any such misuse, accident, abuse, modification or
misapplication of the Software will void the warranty above. THIS REMEDY
IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU FOR BREACH OF EXPRESS
OR IMPLIED WARRANTIES WITH RESPECT TO THE SOFTWARE AND RELATED
DOCUMENTATION.
8a Payment
By accepting our terms of service, you acknowledge that your credit card
will be charged for the stated price on the Month or Annual anniversary
date of your initial registration date. Zigback, will send an
email confirmation after the charge is complete to the email address
that the user supplied at the time of registration. It is the
users responsibility to maintain a correct email address with Zigback.
If for any reason, your email account changes; you are required to email
support@zigback.com, and
reinstall your plug in software.
.
9. LIMITATION OF LIABILITY
(a) NEITHER Zigback NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE
INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF
PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF,
OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY
INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF Zigback OR ITS
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND
EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS
ESSENTIAL PURPOSE.
(b) Zwieback's TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE
WHATSOEVER WILL BE LIMITED TO THE GREATER OF $250 OR THE AMOUNT PAID BY
YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.
(c) (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER
LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
(d) THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE
WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS EULA.
10. Guarantees
Zigback makes every attempt to "block" sites that are "banned" or not on
our approved list. Zigbck does not 100% guarantee that all
"banned" sites will be blocked, and does not accept any liability for
any resulting ramification of any banned site not being "blocked".
By using Zigbck software browser plug in, the user accepts ultimate
responsibility for their, their child's, and any other person or entity
that the Zigback software plug-in was registered for or used by.
Zigback reserves the right to cancel any account without cause or
notice, and refund all pre-paid fees paid on a prorated bases.
10a. Basis of Bargain
The Limited Warranty and Disclaimer, Exclusive Remedies and Limited
Liability set forth above are fundamental elements of the basis of the
agreement between Zigback and you. Zigback would not be able to provide
the Software on an economic basis without such limitations. Such Limited
Warranty and Disclaimer, Exclusive Remedies and Limited Liability inure
to the benefit of Zigback’s licensors.
11. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND
This Software and the documentation are provided with "RESTRICTED
RIGHTS" applicable to private and public licenses alike. Without
limiting the foregoing, use, duplication, or disclosure by the U.S.
Government is subject to restrictions as set forth in this EULA 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,
or FAR 52.227-14, as applicable. Manufacturer: Zigback, 822 South Slate
Canyon Dr, Provo, UT 84606.
11a. Export Controls. Neither the Software nor the Documentation and
underlying information or technology may be downloaded or otherwise
exported or re-exported; (I) into (or to a national or resident of)
Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country
to which the United States has embargoed goods, or; (II) to anyone on
the United States Treasury Departments list of Specially Designated
Nations or the United States Commerce Departments Table of Denial
Orders. By downloading or using the Software, you are agreeing to the
foregoing and you are certifying that you are not located in, under the
control of, or a national or resident of any such country or on any such
list.
IN ADDITION, YOU SHOULD BE AWARE OF THE FOLLOWING: EXPORT OF THE
SOFTWARE MAY BE SUBJECT TO COMPLIANCE WITH THE RULES AND REGULATIONS
PROMULGATED FROM TIME TO TIME BY THE BUREAU OF EXPORT ADMINISTRATION,
UNITED STATES DEPARTMENT OF COMMERCE, WHICH RESTRICTS THE EXPORT AND
RE-EXPORT OF CERTAIN PRODUCTS AND TECHNICAL DATA. IF THE EXPORT OF THE
SOFTWARE IS CONTROLLED UNDER SUCH RULES AND REGULATIONS, THEN THE
SOFTWARE SHALL NOT BE EXPORTED OR RE-EXPORTED. DIRECTLY OR INDIRECTLY;
(A) WITHOUT ALL EXPORT OR RE-EXPORT LICENSES AND UNITED STATES OR OTHER
GOVERNMENTAL APPROVALS REQUIRED BY ANY APPLICABLE LAWS, OR; (B) IN
VIOLATION OF ANY APPLICABLE PROHIBITION AGAINST THE EXPORT OR RE-EXPORT
OF ANY PART OF THE SOFTWARE. SOME COUNTRIES HAVE RESTRICTIONS ON THE USE
OF ENCRYPTION WITHIN THEIR BORDERS, OR THE IMPORT OR EXPORT OF
ENCRYPTION EVEN IF FOR ONLY TEMPORARY PERSONAL OR BUSINESS USE. YOU
ACKNOWLEDGE THAT THE IMPLEMENTATION AND ENFORCEMENT OF THESE LAWS IS NOT
ALWAYS CONSISTENT AS TO SPECIFIC COUNTRIES, AND ALTHOUGH THE FOLLOWING
COUNTRIES ARE NOT AN EXHAUSTIVE LIST, THERE MAY EXIST RESTRICTIONS ON
THE EXPORTATION TO, OR IMPORTATION OR ENCRYPTION BY BELGIUM, CHINA
(INCLUDING HONG KONG), FRANCE, INDIA, INDONESIA, ISRAEL, RUSSIA, SAUDI
ARABIA, SINGAPORE, AND SOUTH KOREA. YOU ACKNOWLEDGE IT IS YOUR ULTIMATE
RESPONSIBILITY TO COMPLY WITH ANY AND ALL GOVERNMENT EXPORT AND OTHER
APPLICABLE LAWS, AND THAT Zigback HAS NO FURTHER RESPONSIBILITY AFTER
THE INITIAL SALE TO YOU WITHIN THE ORIGINAL COUNTRY OF SALE.
12. (Outside of the USA) Consumer End Users Only
The limitations or exclusions of warranties and liability contained in
this EULA do not affect or prejudice the statutory rights of a consumer,
i.e., a person acquiring goods otherwise than in the course of a
business.
The limitations or exclusions of warranties, remedies or liability
contained in this EULA shall apply to you only to the extent such
limitations or exclusions are permitted under the laws of the
jurisdiction where you are located.
13. General
This EULA shall be governed by the internal laws of the State of Texas,
without giving effect to principles of conflict of laws. You hereby
consent to the exclusive jurisdiction and venue of the state courts
sitting in Collin County, Texas or the federal courts in Houston to
resolve any disputes arising under this EULA. In each case this EULA
shall be construed and enforced without regard to the United Nations
Convention on the International Sale of Goods.
This EULA contains the complete agreement between the parties with
respect to the subject matter hereof, and supersedes all prior or
contemporaneous agreements or understandings, whether oral or written.
You agree that any varying or additional terms contained in any purchase
order or other written notification or document issued by you in
relation to the Software licensed hereunder shall be of no effect. The
failure or delay of Zigback to exercise any of its rights under this
EULA or upon any breach of this EULA shall not be deemed a waiver of
those rights or of the breach.
No Zigback dealer, agent or employee is authorized to make any amendment
to this EULA.
If any provision of this Agreement shall be held by a court of competent
jurisdiction to be contrary to law, that provision will be enforced to
the maximum extent permissible, and the remaining provisions of this
Agreement will remain in full force and effect.
All questions concerning this EULA shall be directed to: Zigback,
info@zigback.com, Attention: General Counsel.
Zigback and other trademarks contained in the Software are trademarks or
registered trademarks of Zigback in the United States and/or other
countries. Third party trademarks, trade names, product names and logos
may be the trademarks or registered trademarks of their respective
owners. You may not remove or alter any trademark, trade names, product
names, logo, copyright or other proprietary notices, legends, symbols or
labels in the Software. This EULA does not authorize you to use
Zigback’s or its licensors’ names or any of their respective trademarks.