» version 1.00.26 - posted on 2006-08-13
EULA - End User License Agreement
StyleZone SOFTWARE END USERS LICENSING AGREEMENT, BETA VERSION
READ THIS CAREFULLY!
This and the following screens together make up the license permitting you, the user, to use the Browzwear, Ltd., software. Should you proceed to acquire the right to use this software the terms and conditions placed upon such use will be those set forth in these licensing screens.
LICENSE. This package is an experimental version of the Browzwear International, Ltd. ("Browzwear") StyleZone software application that incorporates Browzwears proprietary software developed by and on behalf of Browzwear, to be used solely in conjunction with Browzwears services provided in connection with StyleZone enabled clothing apparel promoted and distributed over the Internet and on the StyleZone.com
web site, including documentation pertaining to the use thereof (collectively, "the StyleZone Software").
The StyleZone Software is provided to you free of charge in machine-readable, object-code format only.
The software applications, together with any component therein, are proprietary products of their respective
developers, and are protected by copyright and other laws and treaties, both US and foreign.
Title to these software products, or any copy, modification, or merged portion of the StyleZone Software shall at all times remain vested with their respective developers. Other than those rights and obligations that directly arise from the instructions specifically outlined in the documentation provided with the StyleZone Software, this Licensing Agreement outlines all of your rights and obligations pertaining to the StyleZone Software.
Once you accept the terms of this StyleZone Software Licensing Agreement, or otherwise install, copy or use the StyleZone Software, you are deemed to have accepted this Agreement, and you are thereby granted a license to install, execute and perform those functions necessary to use one copy of the StyleZone Software on a single CPU, in accordance with the specifications thereof and subject to the terms of this Licensing agreement and other documents incorporated herein by reference and only for the purpose of evaluating and testing the StyleZone Software (the "License"). Given that installation and use of the StyleZone Software Application is hardware specific, and because distribution of the StyleZone Software is free of charge, if you desire to use the StyleZone Software on different hardware platforms, you will be required to undergo an additional installation and registration process.
You may not use the StyleZone Software in a live operating environment where it may be relied upon to perform in the same manner as a commercially released software product or with data that has not been sufficiently backed-up.
COPYRIGHT. The StyleZone Software, and all software products included therein, is protected by copyright and other related law, domestic and foreign, and may be reproduced and used only in accordance with this License. You may use the Browzwear StyleZone Software only in conjunction with the Browzwear services provided in conjunction with StyleZone enabled clothing apparel promoted and distributed over the Internet and on
the StyleZone.com web site, and only as an end user (that is, for your own use and not for use by or on behalf of
others). You may make one copy of the StyleZone Software for backup purposes only.
COPIES. When installing, using or otherwise making authorized copies of the StyleZone Software, no identifying marks, copyright, proprietary notices, or licensing agreements shall be deleted from any of the software component contained therein. You will not yourself, or allow or enable anyone else to, modify, decompile, reverse engineer, disassemble, reduce to human readable format, or alter the StyleZone Software, or any component thereof, or change its characteristics in any manner, or attempt, or allow or enable another, to perform any of these actions in any way or manner (the "Unlicensed Activities"). Any attempt to perform any of the Unlicensed Activities shall automatically terminate this License and any other license granted under the StyleZone Software, and may further subject you to any liability or remedy allowed by law or equity for the benefit of Browzwear for any damages suffered by Browzwear.
or other StyleZone related services, which is incorporated herein by reference and the terms of which
you acknowledge that you have read and accept and agree to abide by such terms.
By executing this Agreement, you authorize Browzwear to use any such personal information it may have
in its possession subject to the terms and conditions of said Policy. This policy may change in the
future and the then-current policy shall govern at any given point in time. Please check this policy
from time to time for possible changes that may have been made.
Optimal use of Browzwears StyleZone software application and related services pertaining to the promotion and distribution of StyleZone enabled clothing apparel requires the logging on to the clothing retailer through Browzwears server and/or StyleZone server. In this process, Browzwear may have the ability of
compiling certain personal information pertaining to the user, such as the geographic locale from where
the log-in process occurs, the time and duration of the log-in process, whether the user logged out
of the StyleZone session in a regular or irregular log-out process, which retailer web sites the user logged into, which clothing items were viewed by the user, which clothing items were measured upon the StyleZone avatar, which clothing items. Additional information is collected at the initial registration process,
You are solely responsible for any information that you provide to us or to any other person during and in the course of any activity conducted when using the StyleZone software application and StyleZone web site.
OWNERSHIP. Except for those rights explicitly granted herein, this Agreement does not grant you any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other proprietary rights, franchises, or licenses with respect to any of the software products provided in the StyleZone Software package, regardless of the form of manifestation thereof. Title to and ownership of the StyleZone Software, any reproduction and any documentation pertaining thereto and the content thereof shall remain vested with Browzwear or the developer of individual components thereof. Any right not specifically granted to you under this Agreement is expressly reserved by and to Browzwear and the developers of the respective software components.
Any and all trademarks and tradenames used in connection with the StyleZone Software and any software application incorporated therein are and shall remain the exclusive property of their respective owners. Nothing shall be deemed to grant you any right, title or interest in any such trademark or trade name. You will not adapt or use any trademark or trade name that is likely to be confusingly similar to any of the trademarks that are used to identify any of the software products provided in the StyleZone Software or otherwise take any action that may impair or reduce the value or goodwill associated therewith.
TERMINATION. This License is effective until terminated. This License will terminate (i) automatically without notice if you fail to comply with any provision of this Licensing Agreement or (ii) at any point of time at your sole discretion; or (iii) upon commercial release of the StyleZone Software. Upon termination you will immediately delete and destroy all copies of any software program provided to you under the Browzwear StyleZone Software, regardless of the form of manifestation thereof. Upon termination of this License, for any reason, you shall have no right to any refund from Browzwear of any proceeds paid to Browzwear hereunder. Browzwear has no obligation to provide any software, including the commercial release of the StyleZone Software, or any further technical support upon termination of this Agreement.
WARRANTY DISCLAIMER. Nothing in this Agreement shall exclude any statutory rights, warranties, or conditions that are applicable to the license granted hereunder or the StyleZone Software and which under any applicable legislation may not be excluded.
THE SOFTWARE PRODUCTS PROVIDED WITH THE StyleZone SOFTWARE ARE PROVIDED BY THEIR RESPECTIVE DEVELOPERS "AS IS". TO THE FULL EXTENT PERMISSIBLE BY LAW, BROWZWEAR HEREBY DISCLAIMS ALL CONDITIONS AND WARRANTIES, WHETHER IMPOSED BY STATUTE OR BY OPERATION OF LAW OR OTHERWISE NOT EXPRESSLY SET OUT HEREIN THAT MAY PERTAIN TO ANY SOFTWARE PROVIDED WITH THE StyleZone SOFTWARE.
ALL SOFTWARE PROGRAMS PROVIDED IN THE StyleZone SOFTWARE ARE SUBJECT TO THEIR RESPECTIVE MANUFACTURERS PRODUCT WARRANTIES. UNDER NO CIRCUMSTANCES SHALL BROWZWEAR BE RESPONSIBLE FOR ANY DEFECTS IN ANY SOFTWARE PRODUCT NOT EXPRESSLY DEVELOPED BY BROWZWEAR OR FOR ANY DAMAGE INCURRED AS A RESULT OF THE USE THEREOF.
BROWZWEAR MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, ORAL OR WRITTEN, REGARDING THE StyleZone SOFTWARE AND ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. EXCEPT AS SET OUT IN THIS LICENSE, IN NO EVENT SHALL BROWZWEAR BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND DATA, DAMAGE CAUSED TO ANY SOFTWARE PROGRAM, HARDWARE OR COMPUTER WITH WHICH THE StyleZone SOFTWARE OPERATES OR OTHERWISE INTERACTS WITH, OR ANY CONSEQUENTIAL DAMAGES OF ANY FORM AND/OR AMOUNT ARISING FROM OR IN CONNECTION WITH THE DOWNLOAD, INSTALLATION OR USE OF THE StyleZone SOFTWARE. BROWZWEARS SOLE LIABILITY FOR ANY BREACH OF ANY WARRANTY OR CONDITION SHALL BE AND IS HEREBY LIMITED TO EITHER THE RESUPPLY OF, OR THE CORRECTION OF ANY DEFECT IN, THE StyleZone SOFTWARE, AS BROWZWEAR, IN ITS SOLE DISCRETION, MAY DETERMINE. TO NO EXTENT SHALL BROWZWEARS LIABILITY UNDER THIS AGREEMENT EXCEED ANY AMOUNT RECEIVED BY BROWZWEAR HEREUNDER
TRANSFERABILITY. Browzwears StyleZone software application is provided to users free of charge. Consequentially, this Licensing Agreement is personal in nature, and may not be transferred or assigned without obtaining the prior written of Browzwear.
SEVERABILITY. In the event of invalidity of any provision of this Agreement, such invalidity shall not affect the validity of the remaining portions of this Agreement.
GENERAL. This End User Licensing Agreement will be construed under, and subject to, the laws of the State of Israel. Unless stated otherwise, this End User Licensing Agreement contains the entire agreement between the parties hereto with respect to the StyleZone Software, and supersedes all prior agreements and/or understandings (oral or written).
Failure or delay by Browzwear in enforcing any right or provision hereof shall not be deemed a waiver of such provision or right with respect to the instant or any subsequent breach.
By clicking on the "I Agree" button below, you indicate that you have read and accept the terms and conditions of the Licensing Agreement provided above. If you do not accept the terms of this Licensing Agreement, click on the "I Disagree" button, you will not be allowed to proceed and use the StyleZone Software, and you will be unable proceed with the setup process of the StyleZone Software.