This End-User License Agreement ("EULA") is applicable to NetZoom Visio Stencils. NetZoom Visio Stencils (called "NETZOOM STENCILS" or "PRODUCT" for the purpose of this agreement) includes NetZoom Stencils a.k.a. NetZoom Visio® Stencils and any stencil or shape or data that is a member thereof, and NetZoom Service including Internet-based access to NetZoom Stencils, Updates, Documentation and Technical Support. If you are accepting this EULA, you must save a copy of the EULA for future reference.
For the purposes of this Agreement, "NETZOOM STENCILS" or "PRODUCT" refers to one or more of software components and associated media (Flash drive, DVD, web-based or otherwise), printed materials, services including online and electronic documentation, and all accompanying items including, but not limited to, libraries, data, images, shapes, templates, symbols, stencils, formulas and drawings collectively called "NETZOOM COMPONENTS" or "COMPONENTS".
For the purpose of this Agreement, "INSTALL" or "INSTALLATION" refers to the downloading, copying or use of NETZOOM STENCILS on your computer.
THIS IS A LEGAL AGREEMENT BETWEEN YOU ("CUSTOMER", "USER", AN INDIVIDUAL OR AN ENTITY OR A BUSINESS ENTITY) AND NETZOOM INC. OUTLINING THE TERMS THAT GOVERN YOUR USE OF THE PRODUCT. YOU MUSTACCEPT AND ADHERE TO THESE TERMS AS PRESENTED: ANY AND ALL MODIFICATIONS, ADDITIONS, OR REMOVALS ARE NOT PERMITTED, AND NETZOOM MAY REFUSE ACCESS TO NETZOOM STENCILS OR NETZOOMSERVICE IF YOU DO NOT COMPLY WITH ANY PART OF THIS AGREEMENT. THIS AGREEMENT - ALONG WITH ALL UPDATES, SUPPLEMENTS, INTERNET-BASED SERVICES, TECHNICAL SUPPORT, ADDITIONAL TERMS, PRODUCT LICENSES, AND NETZOOM'S POLICIES – SERVE AS THE COLLECTIVE "AGREEMENT" BETWEEN YOU AND NETZOOM.
BY INSTALLING, COPYING, DOWNLOADING, OR OTHERWISE USING ANY NETZOOM STENCILS, YOU UNCONDITIONALLY AGREE TO BE BOUND BY ALL THE TERMS OF THIS EULA AND LICENSING. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS EULA, DO NOT INSTALL, COPY, DOWNLOAD OR USE NETZOOM STENCILS OR ANY OF THE COMPONENTS OF NETZOOM STENCILS; PROMPTLY RETURN THE PRODUCT (AND DESTROY ANY COPIES) AND ACCOMPANYING ITEMS, IF ANY, INCLUDING WRITTEN MATERIALS, SLEEVES, BOXES OR OTHER CONTAINERS TO THE PLACE YOU OBTAINED THEM FOR A REFUND (IF APPLICABLE) OR CONTACT NETZOOM USING THE CONTACTINFORMATION PROVIDED IN THIS AGREEMENT.
The PRODUCT is a proprietary product of NETZOOM, INC. and relevant third parties, and is protected byintellectual property laws and international treaties. Any installation, copying or use of the PRODUCT, other than as specifically permitted herein, is unauthorized and in violation of this EULA, applicable intellectual property law and/or international treaties.
In consideration of the above and the terms and conditions set forth below, you are agreeing to the following:
The terms of this EULA, and the rights granted herein, shall commence upon the INSTALLATION of the PRODUCT by you as permitted by the license onto a device or devices which shall constitute full acceptance of all terms and conditions of this EULA. However, your rights under this EULA shall terminate immediately and without notice from NETZOOM upon
Upon termination of your rights under this EULA or expiration of the subscription or license, you agree to destroy all copies of the PRODUCT and any related documentation. You agree that a violation of this EULA shall terminate your rights under it to use the PRODUCT and related COMPONENTS. You also agree to that upon receipt by NETZOOM of sufficient evidence that you have violated any of the terms and conditions of this EULA, NETZOOM will terminate your license and refuse access to NetZoom Service.
The PRODUCT is licensed to you but not sold to you. NETZOOM STENCILS is a subscription model service, and not aperpetual license. Your rights to use the PRODUCT and documentation are only those expressly granted in thisEULA during the license term.
NETZOOM RESERVES ALL OTHER RIGHTS INCLUDING, BUT NOT LIMITED TO, TITLE AND COPYRIGHTS.
LICENSE GRANT FOR USER LICENSE PACKS. NETZOOM STENCILS licenses are sold in the form of a Single User License Pack, Three-User License Pack, or Five-User License Pack.
NETZOOM grants you the following rights provided that you comply with all terms and conditions of this EULA.Each person must have his/her own subscription number ("license") to install and use the product.
i. A valid subscription number ("license") is required to install, copy, use or download NETZOOM STENCILS. If yoursubscription number has expired, you may not continue to use NETZOOM STENCILS and any NETZOOM STENCILSmust be removed from your computer and destroyed, however you may continue to use NETZOOM STENCILSshapes already used in your Microsoft Visio diagrams and illustrations subject to the terms of the EULA.
NETZOOM STENCILS is sold as a subscription model service and requires a valid (non-expired) subscription number to copy, download and use the product.
ii. NETZOOM STENCILS is a ‘Single User Product’.You may download, install and update for use, one copy of the PRODUCT on one device (Licensed Device), under the terms described in this EULA. The single primary user of the licensed device may access and use the PRODUCTinstalled on the licensed device. No other person may use the PRODUCT under the same license at the same timefor any other purpose. Single primary user may also install and update another copy on a portable computer,laptop, or home computer so long as the PRODUCT is used by the same single primary user only.
iii.You may create and maintain one backup copy of NETZOOM STENCILS on media for use in the event that yourprimary copy becomes damaged. NETZOOM does not offer older versions of products or updates. You may use itonly to reinstall the PRODUCT. You must reproduce and include the following copyright/proprietary notices on your backup copy of the PRODUCT:Copyright © 2018 NETZOOM, INC. All Rights Reserved.
iv.You may not separate the components of the PRODUCT and install them on different devices.
v.If the users’ authorization to use a PC or device/computer ceases for any reason (e.g. termination ofemployment), then such user’s authority to use the PRODUCT on any device including a portable computer, laptop,or home computer will automatically cease.
i. Non-commercial use. You may use icons, symbols, shapes, stencils, data and templates provided with and by the PRODUCT in your documents that you create. You may distribute those documents non-commercially only. If you wish to use icons, symbols, shapes, stencils, data or templates or any other components of the PRODUCT for any other purpose, you must submit a request to NETZOOM for additional license requirements.
ii. Installation and Use. You may not download, install, upload, publish, use, share, distribute, copy, reproduce, sell, transfer, rent, lease or assign the PRODUCT except as expressly outlined in this EULA.
iii. Unlicensed Use. You will not allow anyone who does not have a valid subscription to use the NETZOOM STENCILS product. You will not install or allow access to NETZOOM STENCILS by anyone via Intranet or via a public network such as the Internet.
iv. Single User Product. You may not place the PRODUCT or any of its components onto a server (unless you have obtained an additional license and prior approval from NETZOOM to do so).
v. Reasonable Use. This PRODUCT and the NetZoom Service are available to licensed users for reasonableuse. Reasonable use for a single subscription on downloads is any 50 manufacturers or any 250 chassis orany 100 Visio stencils files, whichever occurs first, within a 12-month period. Shape requests persubscription are limited to 30 shape requests in a 12-month period, and NETZOOM reserves the right to limit downloads or revoke the subscription to the PRODUCT if the subscription is used to excessively download PRODUCT beyond reasonable use.
vi. Separation of Components. The PRODUCT is licensed as a single product, and its components and data may not be separated for use independently of each other in any manner at any time. User may not copy or extract shapes, components, underlying data or any other component of the PRODUCT to bundle with any other product or distribute or publish them. The PRODUCT or any of its COMPONENTS may not be shared with any other user who does not have a valid, current license to use the product.
vii. Reverse Engineering, Decompiling and Disassembly. You may not allow anyone to decompile, disassemble, or otherwise reverse engineer the PRODUCT. You may not use copy, modify, or transfer the PRODUCT, or any copy, modification, or merged portion, in whole or in part, except as expressly provided for in this EULA. If you do transfer possession of any copy, modification or merged portion of the program to another party, except as expressly provided in this EULA, your license is automatically terminated without notice from NETZOOM.
viii. Bundling with other Programs. A separate license is required from NETZOOM to include a copy, modification, or portion of the PRODUCT and related COMPONENTS into any other program.
ix. Security or Digital Markers. You may not remove, substitute, or modify any security feature or Digital markers embedded or included in the PRODUCT and its COMPONENTS.
x. Law. You may not use the PRODUCT for any purpose that is against the domestic law or laws of the United States.
xi. Internet-based Services. You may not use Internet-based services offered by the PRODUCT in any manner that could harm others or impair use by others. You may not gain unauthorized access to any products, service, data, shapes, account, or network by any means as a result of using the product.
i. Network. You may not use the PRODUCT or any of its components on any network where it may be accessed andused by any person who does not have a valid license or subscription number or authorization to use the product
ii. Publish. You may not share, upload, publish or publicly display the PRODUCT or any of its components for othersto copy or use.
iii. License. You may not share, upload, publish or publicly display the subscription number or licenses.
iv. Hosting services. You may not use the PRODUCT for commercial software hosting services.
You acknowledge that the PRODUCT constitutes trade secrets and proprietary information of NETZOOM and third parties. Title, ownership rights, and intellectual property rights in and to the PRODUCT will remain with NETZOOM and respective third party licenses, and is protected by United States intellectual property laws and international treaty provisions. There is no transfer to you of any title to or ownership of the PRODUCT and this EULA is not to be construed as a sale of any right in the PRODUCT or any of its components, data, libraries, images, shapes, templates, stencils, formulas, or drawings.
All company names, trade names, trademarks, trade devices, copyrights, service marks, logos, symbols and any abbreviation, contraction or simulation thereof offered within the PRODUCT in any form and related COMPONENTS are property of their respective owners. Images of logos where provided are for identification purposes and are provided as a convenience for customers who have permission to use them by the respective owners. Contact the owner of the logo or trademark for usage rights and applicable restrictions.
NETZOOM, INC., the NETZOOM logo, NetZoom Stencils, iShape, the iShape logo, Port Level Intelligence and EqServer are trademarks or registered trademarks of NETZOOM, INC. and NETZOOM reserves all rights to names, logos, markers and trademarks. Other brands and product names are trademarks or registered trademarks of their respective owners. Microsoft and Visio are registered trademarks of Microsoft Corporation. Please refer to third party EULAs wherever included.
Activation is required to use the PRODUCT including NetZoom services and support. When activating, the PRODUCT will send User Information such as version, subscription number, IP address, user name, email address to NETZOOM. BY USING THE PRODUCT, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. You must have a valid, unexpired, (non-demo) subscription of the product to process the activation and prevent unlicensed use. You can activate the PRODUCT by Internet or telephone; Internet and telephone service charges may apply. The PRODUCT may from time to time require re-activation/validation of the licensed user.
User Information: Each user of PRODUCT is required to provide accurate, current, and complete user information throughout use of the NETZOOM Service and we may use (without any compensation to you) your experiences and suggestions to enhance our products. NETZOOM may terminate user rights to the NetZoom service and support if user provides false, inaccurate, or incomplete information.
NETZOOM STENCILS is a subscription model service, and does not qualify for an upgrade.
This agreement, along with the license key or subscription number, or serial number you received is your proof of license to exercise the rights granted herein and must be retained by you. You may not rent or lease the PRODUCT, but if you are the person or legal entity who initially licensed the PRODUCT you may make a one-time permanent transfer of your rights under this Agreement provided that you submit a written notification to NETZOOM and transfer this EULA, the PRODUCT and all accompanying written materials to the designated and authorized user. You also agree not to retain any copies, and subject the recipient to fully agree to all the terms of this EULA in writing.
The terms of this agreement, and the rights granted herein, shall commence with the installation ofthe PRODUCT by you onto a device which will constitute acceptance of the terms and conditions of this EULA. Thelicense is effective until the expiration of the subscription number or termination of a license. You may terminate itat any time by destroying this program together with all copies, modifications, and merged portions in any form. Itwill also terminate upon conditions set forth elsewhere in this EULA, or if you fail to comply with any term orcondition of this EULA, or if you fail to pay the applicable license fees in full. You agree upon termination or withinTHIRTY (30) DAYS of the expiration of the subscription to destroy the PRODUCT together with all copies.
NETZOOM WARRANTS FOR A PERIOD OF THIRTY (30) DAYS FROM THE DATE OF SHIPMENTTHAT, UNDER NORMAL USE, THE PRODUCT AND PRODUCT DELIVERY MEDIA (SUCH AS DOWNLOADS AND/OR DVDS AND/OR FLASH DRIVES) WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE SPECIFICATIONS CONTAINED IN THE ACCOMPANYING MATERIALS AND BE FREE OF DEFECTS IN MATERIAL AND WORKMANSHIP. YOU ACKNOWLEDGE AND AGREE THAT NETZOOMWILL SATISFY THIS WARRANTY IF IT CORRECTS ERRORS THAT APPEARIN THIS PROGRAM OR IN THE USER MANUALS THAT ARE REPORTED TO NETZOOM DURING THE WARRANTY PERIOD.NETZOOM DOES NOT WARRANT THAT ANY NETZOOM PRODUCT WILL MEET YOUR REQUIREMENTS, AND UNDERNO CIRCUMSTANCES DOES NETZOOM WARRANT THAT ANY NETZOOM PRODUCT WILL OPERATE UNINTERRUPTEDOR ERROR FREE. NETZOOM WARRANTS AND REPRESENTS THAT IT HAS THE RIGHT TO GRANT THIS LICENSE. THEFOREGOING WARRANTIES ARE VOID IF FAILURE OF A WARRANTED ITEM RESULTS, DIRECTLY OR INDIRECTLY, FROM AN UNAUTHORIZED MODIFICATION TO A WARRANTED ITEM; AN UNAUTHORIZED ATTEMPT TO REPAIR A WARRANTED ITEM; OR MISUSE OF A WARRANTED ITEM, INCLUDING WITHOUT LIMITATION USE OF A WARRANTED ITEM UNDER ABNORMAL OPERATING CONDITIONS OR WITHOUT ROUTINELY MAINTAINING A WARRANTED ITEM. YOU AGREE TO PROMPTLY NOTIFY NETZOOM OF ANY SUSPECTED DEFECTS IN PRODUCT DELIVERY MEDIA OR THISPROGRAM.
THE FOREGOING WARRANTIES ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES,EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORYQUALITY, AND FITNESS FOR A PARTICULAR PURPOSE OR FOR ANY PARTICULAR APPLICATION AND ANYWARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ABILITY TO USE WITH THIRD PARTYAPPLICATIONS. NETZOOM MAKES NO OTHER REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PRODUCT YOU ACCEPT THE PRODUCT IN AN "AS IS" CONDITION AND AT YOUR SOLE RISK OF USE. THE LIMITED WARRANTYCONTAINED IN THIS EULA IS IN LIEU ALL OTHER WARRANTIES (IF ANY) THAT MIGHT BE INFERRED FROM ANYADVERTISING, PACKAGING, DOCUMENTATION OR SIMILAR MEDIA. YOU AGREE THAT NO WRITTEN OR ORALREPRESENTATIONS BY ANY OF NETZOOM'S UNAUTHORIZED PERSONNEL OR AGENTS WILL CONSTITUTE A WARRANTY OF ANY TYPE.
NETZOOM'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE, ATNETZOOM'S SOLE AND ABSOLUTE DISCRETION, EITHER (I) THE REPAIR OR REPLACEMENT OF ANY WARRANTEDITEM WHICH DOES NOT MEET THE RESPECTIVE WARRANTIES GIVEN ABOVE, OR (II) A REFUND OF THE PURCHASE PRICE (EXCLUDING SHIPPING) PAID FOR THE WARRANTED ITEM. EXCLUDING INSTANCES OF NETZOOM’SNEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT WILL NETZOOM BE LIABLE FOR INSTANCE(S) OF LOSS,ATTACK, VIRUSES, INTERFERENCE, CORRUPTION OR OTHER SECURITY INTRUSIONS OF THE SERVICE AND ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PRODUCT INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, BUSINESS INTERRUPTION, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF USE OF ANY GOODS OR ASSOCIATED EQUIPMENT, DAMAGE TO ANY ASSOCIATED GOODS OR EQUIPMENT, LOSS OF DATA, COST OF CAPITAL, COST OF REPAIRS, COST OF SUBSTITUTE GOODS, FACILITIES, SERVICES, DOWNTIME COSTS, CLAIMS OF YOUR CUSTOMERS OR ANY SIMILAR TYPE OF DAMAGE OR REMEDY EVEN IF NETZOOM HAS BEEN ADVISED BY YOU OF THE POSSIBILITY OF SUCH DAMAGE OR CLAIM. YOU AGREE AND ACKNOWLEDGE THAT IN NO EVENT SHALL NETZOOM BE RESPONSIBLE ORLIABLE FOR ANY ASPECT OF THE HOST APPLICATION IN WHICH THE PRODUCT IS USED. YOU AGREE THAT NO CLAIM, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEARS AFTER THE CAUSE OF ACTION HAS OCCURED DESPITE ANY STATUTE OF LIMITATIONS TO THE CONTRARY.
The PRODUCT is subject to United States export laws and regulations. You may not exportor re-export the PRODUCT or any underlying information or technology except in full compliance with all UnitedStates laws and regulations and other applicable laws and regulations. You must comply with all domestic andinternational export laws and regulations that apply to the PRODUCT. By using the PRODUCT, you represent andwarrant that you are not located in any country to which export of the PRODUCT would be prohibited by anyUnited States law or other applicable laws and regulations.
(a) The PRODUCT is provided with Restricted Rights. Use, duplication, or disclosure by the United States Government is subject to restrictions applicable to commercial computer software as set forth in the FederalAcquisition Regulations (FAR) §52.227-14 (Jun 1987) Alternate III (June 1987), FAR § 52.227-19 (June 1987), orDFARS § 252.227-7013 (b)(3) (Nov 1995) or applicable successor provisions. Use of the PRODUCT by the U.S.Government constitutes acknowledgment of NetZoom's’ proprietary rights therein. The Manufacturer is NetZoom Inc., an Illinois based corporation, USA.
(b) Severability. Any provision of this EULA that is prohibited or unenforceable in any jurisdiction, in such jurisdiction, is ineffective to the extent of the prohibition or unenforceability, and any prohibition orunenforceability in any jurisdiction does not invalidate or render unenforceable the provision in any otherjurisdiction. If any provision of this EULA is held or deemed to be or is inoperative or unenforceable as applied inany particular case because it conflicts with any other provision or provisions of this EULA or any law, statute,ordinance, rule, regulation, order, writ, decree or injunction, or for any other reason, the circumstances will nothave the effect of rendering the provision in question inoperative or unenforceable in any other case orcircumstance, or of rendering any other provisions in this EULA invalid, inoperative or unenforceable to any extentwhatsoever. The invalidity of any one or more phrases, sentences, clauses, sections or subsections of this EULAdoes not affect the remaining portions. If any provision of this EULA is held unenforceable by a court of competentjurisdiction, the remainder of this EULA shall remain in full force and effect to the extent necessary to effectuatethe intent of the parties.
(c) Entire Agreement. This EULA contains the entire agreement among the parties with respect to the subject matter and supersedes all prior agreements, proposals, representations, arrangements, or understandings, writtenor oral, with respect to the subject matter.
(d) No Third-Party Beneficiaries. The parties agree that this EULA and the covenants made in it are made expressly and solely for the benefit of the parties and that no other person or entity is entitled or deemed to be entitled toany benefits or rights under this EULA, nor be authorized or entitled to enforce any rights, claims or remediesunder or by reason of this EULA.
(e) Attorneys' Fees. In any action or proceeding brought to enforce any provision of this EULA, or where any provision is validly asserted as a defense, the prevailing party is entitled to recover reasonable attorneys' fees,experts’ fees, and costs from the non-prevailing party in addition to any other available remedy.
(f) Applicable Law. This EULA will be governed and construed by the laws of the State of Illinois (incorporating such Federal rules, regulations and statutes or international treaties and as may be necessary) applicable to agreements made and to be performed entirely within the State and without regard to its principles or rules of conflicts of laws. Jurisdiction and venue for any dispute arising from this agreement or relating to the PRODUCT shall be in the Eighteenth Judicial Circuit Court in DuPage County, Illinois and the parties specifically waive the right to bring any such action in any other jurisdiction or venue.
(g) Presumptions. This EULA or any section thereof shall not be construed against NETZOOM due to the fact that the EULA or any section of it was drafted by NETZOOM.
(h) Contact. The latest contact information can be found at www.NetZoom.com Should you have any questions concerning this Agreement, you may contact NETZOOM by calling 1-630-281-6464 (US Central time zone), faxing 1-to 630-281-6460, e-mailing to Support@VisioStencils.com, or writing to:
2300 Cabot Drive, Suite 535
Lisle, IL 60532, USA
(i) Technical support and Services.Unless expressly stated otherwise, NETZOOM will provide at its discretion, limited "Complimentary Service"during the valid term of subscription period solely for the PRODUCT. "Complimentary Service" will be limited to telephone or e-mail support for bug and correction reports, installation, basic operations excluding any customization and requesting more shapes and stencils. To use the complimentary service, email Support@VisioStencils.com or call customer service: 1-630-281-6464. You must contact the applicable host application provider with respect to support services related to the host application.
(j) Updates. Upgrades, as and when available, are offered via the product website for customers who have a valid subscription license.
(k) Publicity. NETZOOM may identify you by name and logo only as a user of the PRODUCT in its corporate sales presentations and on its websites.
For the latest information, visit www.VisioStencils.com | www.NetZoom.com
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