Ziepod+ 1.0

EULA - End User License Agreement

Terms of Use

IMPORTANT NOTICE

This Agreement is a legal contract that specifies the terms of the
license and warranty limitation between you and Ziemantics LLC for the
Ziepod+ software and related documentation. You should carefully
read the following terms and conditions before installing or using
the software. Unless you have entered into a separate written license
agreement with Ziemantics LLC providing otherwise, installation or use
of the software indicates your agreement to be bound by these terms
and conditions. If you do not agree to these terms, promptly delete
and destroy all copies of the software and related documentation in
your possession. Upon your certification to Ziemantics LLC that you
have not used the software you do not accept this license agreement
and have deleted and destroyed all copies of the software and related
documentation, your money will be refunded.

Ziemantics LLC's willingness to license you the software is expressly
conditioned on your acceptance of all of the terms of this Software
License Agreement.

Versions of the Software

The Ziepod+ software is available in a commercial and an evaluation
version. Both the commercial and the evaluation versions are subject
to the terms and conditions of this Agreement. The commercial version
of the software requires payment by you of a license fee. The
evaluation version of the software is the only version that is provided
without charge. The evaluation version is not free software and is
subject to the restrictions set forth below.

UPON ORDERING, DOWNLOADING, INSTALLING OR UNENCRYPTING ANY VERSION OF
THE SOFTWARE, YOU ARE REAFFIRMING THAT YOU AGREE TO BE BOUND BY THE
TERMS OF THIS AGREEMENT.

License to Use

One copy of the Ziepod+ software may either be used (1) by a single
person who uses the software personally on one or more computers,
or (2) by multiple people non-simultaneously on a single workstation,
but not both.

You may access the commercial version of Ziepod+ through a network,
provided that you are the only person who may use the software or
you have obtained individual licenses for the software covering all
workstations that will access the software through the network.
For instance, if five different workstations will access Ziepod+
on the network, each workstation must have its own license, regardless
of whether the workstation access the software at different times
or concurrently.

The software and documentation are protected by the copyright laws
of the United States and international treaty provisions. There
are severe penalties, both civil and criminal, for copyright
infringement. You may not copy all or any part of the software or
related documentation, except that you may make a reasonable number
of copies of the software solely for backup or archival purposes.

Multiple Media and Upgrades

You may receive the software and related documentation in more than
one medium. Regardless of the number of media you receive, you may
use only the medium that is appropriate for the workstation on which
the software is to be installed. You may not install, use or
transfer the other media, except as part of a permanent transfer of
your licensed copy of the software and related documentation as set
forth below.

If the software and related documentation are provided as an upgrade,
patch or update to an earlier licensed release of the software, then
you must have a valid license to operate such earlier release of the
same version as the upgrade to install or use the upgrade. All
software being upgraded is deemed to be part of the software and is
subject to this Agreement. You may transfer an upgrade only in
conjunction and together with the licensed software being upgraded.
No Additional Licenses

You acknowledge and agree that except for the rights granted in this
Agreement, all other rights, and all title and interest in and to the
Ziepod+ software (as an independent work and as an underlying work
serving as a basis for any application you may develop) and related
documentation remain the sole and exclusive property of Ziemantics LLC,
including all patent, copyright, trade secret, trademark and other
proprietary rights therein, and that you will not derive or assert
any title or interest in or to such software or related documentation.
Without limiting the generality of the foregoing, you do not receive
any rights to any patents, copyrights, trademarks rights to the
software or related documentation. You may not decompile, disassemble
or reverse engineer the Ziepod+ software. You may not remove or alter
any trademark, logo, copyright or other proprietary notices, legends,
symbols or labels in the software.

This Agreement does not authorize you to use Ziemantics LLC's name or
any of its trademarks.
Transfer

Subject to the transferee's agreement in writing to be bound by the
terms of this Agreement, you may permanently transfer all of your
rights under this Agreement by transferring all media, all upgrades
and all related documentation together with this Agreement. You may
retain no copies of the software or related documentation. If the
software and related documentation is an upgrade to an earlier
licensed release of the software, any transfer must include all prior
releases of the software and documentation.

Term and Termination

If you have acquired an evaluation version, the license granted herein
shall automatically terminate twenty (20) days after you first install
such version. Subsequent downloads, installations or use of the
evaluation version by or for you will not extend, renew, or otherwise
restart the term of the license. The license granted for the commercial
version will continue until it is terminated. Ziemantics LLC may terminate
any license granted herein if you fail to comply with the terms of this
Agreement. Upon the termination of a license for any reason, you must
promptly return to Ziemantics LLC or destroy all copies of the software
and related documentation covered by the license.
Warranty and Remedies

Ziemantics LLC PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR
IMPLIED, FOR THE EVALUATION VERSION. THE SOFTWARE AND DOCUMENTATION
ACCOMPANYING THE EVALUATION VERSION ARE PROVIDED "AS IS."

For the commercial version, Ziemantics LLC warrants that the physical
media and the documentation will be free from defects in materials
and workmanship under normal use for 90 days from the date of delivery
to you. Ziemantics LLC also warrants that the commercial version will
be free from significant defects that prevent the software from
performing substantially in the manner described in the user manual
for a period of 90 days from the date of delivery to you. At Arda
Celebi's option, Ziemantics LLC's sole responsibility shall be (i) to
replace defective media or documentation, as the case may be, (ii)
to use reasonable efforts to correct significant defects in the
software without charge, or (iii) to refund the licensee fee paid
to Ziemantics LLC for the applicable copy of the software and terminate
all licenses granted to you for such copy. Any replacement software
will be warranted for the remainder of the original warranty period
or 20 days, whichever is longer.
THE REMEDIES SET FORTH ABOVE WITH RESPECT TO A BREACH OF WARRANTY
SHALL BE THE EXCLUSIVE REMEDIES FOR ANY BREACH OF WARRANTY WITH
RESPECT TO THE SOFTWARE AND RELATED DOCUMENTATION.

THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
By way of example, without limitation, Ziemantics LLC provides no
warranties of any kind to any end-users accessing or otherwise using
applications developed or otherwise obtained by you. The warranties
do not cover damage or defects caused by or related to misuse,
accident, negligence or misapplication. Because programs such as this
are inherently complex, Ziemantics LLC does not warrant that the software
is error-free or will operate without interruption. Furthermore, Arda
Celebi does not warrant that the software will work with any given
network or network application. You acknowledge that due to the
complexity of the software, it is possible that use of the software
could lead to the unintentional loss or corruption of data.
You assume all risks of such data loss or corruption; the warranties
provided in this Agreement do not cover any damages or losses resulting
from data loss or corruption.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO
THE WARRANTY LANGUAGE ABOVE MAY NOT APPLY TO YOU. IN SUCH CASE, ARDA
CELEBI'S LIABILITIES SHALL BE LIMITED BY THE PROVISION BELOW ENTITLED
"LIMITATION ON LIABILITY."
Limitation on Liability

IN NO CASE SHALL Ziemantics LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LOSS, INCLUDING, WITHOUT
LIMITATION, LOST PROFITS OR THE INABILITY TO USE EQUIPMENT OR ACCESS
DATA, WHETHER SUCH DAMAGES ARE BASED UPON A BREACH OF EXPRESS OR
IMPLIED WARRANTIES, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR
ANY OTHER LEGAL THEORY. THIS IS TRUE EVEN IF Ziemantics LLC IS ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL Ziemantics LLC'S
LIABILITY EXCEED THE AMOUNT OF THE LICENSE FEE ACTUALLY PAID BY YOU
TO Ziemantics LLC.
U.S. Government Licensing Rights

If the software is licensed under a U.S. Government contract, you
acknowledge that the software and related documentation are "commercial
items," as defined in 48 C.F.R 2.01, consisting of "commercial computer
software" and "commercial computer software documentation," as such
terms are used in 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1. You also
acknowledge that the software is "commercial computer software" as
defined in 48 C.F.R. 252.227-7014(a)(1). U.S. Government agencies
and entities and others acquiring under a U.S. Government contract
shall have only those rights, and shall be subject to all restrictions,
set forth in this Agreement.

You agree to abide by the terms of the following notice, if such
notice appears in or on the packaging for the software, and you
agrees not to remove such notice from the software.
Miscellaneous

This Agreement is the complete agreement between you and Ziemantics LLC
concerning the software and related documentation. The failure or
delay of Ziemantics LLC to exercise any of its rights under this Agreement
or upon any breach of this Agreement shall not be deemed a waiver
of those rights or of the breach.

No Ziemantics LLC dealer, agent or employee is authorized to make any
amendment to this Agreement. 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.

If you have any questions concerning this Agreement or the software
or related documentation, you may contact Ziemantics LLC's customer
service at www.ziepod.com.

Ziepod+ Software License Agreement (rev. 1.0.0)
Copyright (c)2005-2007 Ziemantics LLC
All Rights Reserved