This document describes the only terms by which we (Zensoft Inc. / 5945 South Hill Drive / Madison, WI 53705 / USA) permit Commercial Distribution of our Programs.
“Programs” mean the Shareware Executable and its Related Files distributed by us under the marks “Zaxxoids”, “Zentris”, and “ZONG”, (collectively, the “Trademark”), as they may be upgraded or otherwise modified from time-to-time. The Programs are clearly marked as Shareware when executed. The Programs do not include any other versions of our software.
“Commercial Distribution” is defined as distributing the Programs for money or other consideration. It includes copying the Programs onto magnetic disks, optical disks, CD-ROMS, or any other media, and distributing the Program by retail rack, direct mail, catalog, advertisement, or trade show. It does NOT include distributing the Programs by any non-profit organization, by any hobby, user or computer interest group to its members, or electronically by any BBS for which a general fee may be charged for access but no specific fee is charged to download these Programs.
Distribution is not Commercial Distribution when for free, or by any non-profit corporation or tax-exempt organization, or by a hobby, user or computer interest group to its members, or by a BBS as outlined above.
Except to the extent expressly licensed by us, we have and reserve the exclusive copyright and other right, title, and interest to distribute the Programs, and all earlier versions of the Programs, and the right to use the Trademark in connection with them.
Things you must do
You may distribute the Programs by Commercial Distribution under this license only if you:
- Market them as Shareware, using “try before you buy” or similar words,
- Exercise “reasonable effort” to try to sell only the most current version of them,
- Make distribution copies ONLY from master copies received DIRECTLY from us (Zensoft) using high-quality diskettes and duplication technology,
- Distribute a complete Program including all of its related files, each in compressed or other format, AS RELEASED BY US (Zensoft),
- Include the word “Zensoft” in every description of the Programs used in your catalog or other promotional material.
Disclaimer of Warranty and Liability
Programs are provided “as-is.” No warranties of any kind, expressed or implied, are made as to it, including but not limited to warranties as to suitability for a particular purpose. We are not liable for, and will provide no remedy for direct, indirect, consequential or incidental damages arising from Programs, even after notice of the possibility of such damages.
Terms of Contract
This license will terminate upon 30 days prior written notice by Zensoft to the party distributing the Programs through Commercial Distribution. If terminated by us by such notice, you may distribute the Programs until the earlier of 30 days after the termination date in the notice, or completion of the distribution of copies you have in stock. Ownership and Disclaimer of Warranty and Liability will survive the termination of this License.
Obtaining a Master Copy of the Programs
If you are a vendor and need to obtain Master Copies of the Programs, you must do so by downloading the Programs directly from our Web Site (https://www.zensoft.com/).