SOFTonNET ZPack END USER LICENSE AGREEMENT

Please return the accompanying registration form to receive registration benefits.

NOTICE TO USER:

PLEASE READ THIS END USER LICESNE AGREEMENT (EULA) CAREFULLY. BY USING ALL OR ANY PORTION OF THE SOFTWARE, YOU ARE DEEMED TO ACCEPT ALL THE TERMS AND CONDITIONS OF THIS EULA, INCLUDING, IN PARTICULAR, THE SECTION 2 THE USE, THE SECTION 6 TRANSFERBILITY, THE SECTION 7 & 8 LIMITED WARRANTY AND DISCLAIMER, THE SECTION 9 LIMITATION OF LIABILITY, AND THE SECTION 10 COMPLIANCE OF LICENSE TO USE.  YOU HEREBY AGREE THAT THIS EULA IS ENFORCEABLE JUST LIKE ANY WRITTEN AGREEMENT SIGNED BY YOU.  IF YOU DO NOT AGREE TO ANY TERMS OF THIS EULA (INCLUDING BUT NOT LIMITED TO THE CASE WHERE YOU DO NOT HAVE CHANCE TO ACCEPT THIS EULA BECAUSE YOU DO NOT REVIEW IT AFTER PURCHASE HEREOF), PLEASE RETURN THE UNUSED AND UNINSTALLED SOFTWARE PROMPTLY TO THE PARTY FROM WHOM YOU PURCHASED AND GET REFUND.

1.  DEFINITION

1) ZPack Software means a software program which consists of ZPack Builder Program and ZPack Client Program. ZPack Software stores Application Software in USB storage device in which ZPack is installed, and enables users as many as legitimately authorized by the Software supplier to use the Application Software within the purchased number of ZPack licenses. 

2) ZPack Builder Program means a software program which encodes Application Software into ZPack usable form and copies to USB storage device.

3) ZPack client program means a client side program of ZPack Software which runs the encoded Application Software in ZPack USB.

4) "Application Software" means the software that you are authorized to use from a Software Supplier.

5) ZPack web means the webpage where you first purchased ZPack and authorized or the webpage to purchase Application Software packages.

6) ZPack license authorization is done through ZPack serial key included in the software packages, and will terminate when license period ends or you violate the terms.

7)  "Person Authorized to Access" means a person authorized to use ZPack Software through ZPack Client Program and only authorized USB storage device is available to use.  The total number of persons authorized to access shall not exceed the authorized number of ZPack license and the authorized number license for each Application Software you hold.

8) "Use" or "Using" means to access, install, download, copy or perform other functions by using the functions of the software in accordance with the user manual.

9) "Computer" means an electronic device that receives information in digital or other similar form and that manipulates it for a specific results based on a sequence of instructions.

2.  SOFTWARE LICENSE
As long as you comply with the terms and conditions of the EULA, SOFTonNET hereby grants to you a non-exclusive license to use the software for the purposes described in the user manual.

1) SERVER SOFTWARE LICENSE:
You cannot have a backup copy of ZPack Software for preventing damage or breakage purpose. Also ZPack Software is available only on authorized USB storage device; provided, however, in case ZPack Software is damaged, re-authorization and re-installation is allowed through ZPack webpage.

2) CLIENT PROGRAM LICENSE:
You may install ZPack Client Program only on authorized USB storage device.  You are allowed to use the Application Software only to the extent that the license certificate for the Application Software allows.

3) OTHERL LICENSE:
SOFTonNET reserves all rights not granted expressly in this EULA.  This EULA shall be applicable to the updates of, or supplement to, the original products. That SOFTonNET has provided.

4) BACKUP COPY 
ZPack client is unable to keep backup copy. If ZPack client is damaged, you can re-install through ZPack webpage.

3.  APPLIED PRODUCTS
SOFTonNET shall not be liable for any problems or troubles caused in connection with the Application Software which is linked with ZPack Software.

4.  INTELLECTUAL PROPERTY RIGHTS
The software and all copies that you are authorized to use by SOFTonNET are the intellectual property owned by SOFTonNET. The structure, organization and code of the software are the valuable trade secrets and confidential information of SOFTonNET. The ZPack Software is protected under the Copyright Laws of the Republic of Korea, international treaty on copyrights and applicable laws and regulations of the country where the Software is used. 

The Software is licensed, not sold. You shall not use, change, modify, translate or distribute the Software except as set forth in this EULA and may not use it in any manner outside the country where you purchased the Software without the consent of the SOFTonNET.

You shall also not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under the applicable laws.  It is essential in order to maintain the compatibility of the Software with other software programs.  SOFTonNET may have information about the compatibility of the Software with other software programs when requested to provide by you.  SOFTonNET shall be entitled to impose reasonable conditions and to request reasonable fee before providing such information.  Any information supplied by SOFTonNET or obtained by you, as permitted hereunder, shall be used only for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the Software.

This EULA does not give you any right in connection with the trademark or service mark of SOFTonNET.  Except as expressly stated herein, this EULA does not grant to you any intellectual property rights in the Software.

5.  INFRINGEMENT OF INTELLECTUAL PROPERTY
When a third party claims that its patents or copyrights is infringed by the ZPack Software provided by SOFTonNET under this EULA, SOFTonNET shall defend you against any such claims and pay all costs, damages and attorney's fees when a competent court render the final judgment against SOFTonNeET; provided, however, that you promptly notify SOFTonNET of the claims in writing and allow SOFTonNET to control, and cooperate with SOFTonNET in the defense thereof and any related settlement negotiations.

SOFTonNET will, at its expense, take all steps, including negotiations, necessary to ensure that you are able to use the products or that the products are not infringing, when such infringement claims are likely to be made against SOFTonNET.  But when, in the SOFTonNET's judgement, none of the measures are appropriate, you will be asked in writing to return the products to SOFTonNET.  SOFTonNET shall then compensate you for the products returned at the appropriate amount.    
            
However, SOFTonNET will not be liable for any claims arising out of the following causes:

1) Modification of products by you;

2) The combination, operation or use of products supplied by SOFTonNET with products, apparatus or data not supplied by SOFTonNET; or

3) Operation or use of the program in the different operational environments as advised.

6.  TRANSFER OF LICENSE
You may not rent, lease, sublicense or authorize all or any portion of the ZPack Software to other computer user except as expressly permitted herein.  You may, however, transfer all of your rights to another person or legal entity in accordance with the following conditions:

1) You may transfer ZPack Client Software to another USB storage device through ZPack webpage; provided, however, that previous USB storage device no longer can be used as ZPack, and only the new USB storage device is allowed.

2)  You may transfer the Software to another end-user only one time if you are the first user.  You shall transfer all the components of products, media, printed materials, the license agreement and the certificate of the original together with the Software. 

3) The end-user to whom the products are transferred shall agree to comply with the terms and conditions of the EULA prior to the transfer of software license.

7.  LIMITED WARRANTY AND REMEDY
SOFTonNET represents and warrants that: 

1) ZPack Software will perform as prescribed in the enclosed user manual for one (1) year period following the date of purchase of the Software.

2) SOFTonNET will provide the technical support as specified in the user manual SOFTonNET provided and the supporting technicians of SOFTonNET will make all reasonable efforts to solve the problems.  SOFTonNET does not warrant what is not specifically warranted in the user manuals.  To make a warranty claim, you must return the Software to the place where you purchased it along with the proof showing that you purchased it within the recent one (1) year period.

If the software does not perform as explained, the entire liability of SOFTonNET and your exclusive remedy shall be limited to either the replacement of the Software, the reduction in license fee or the refund of license fee you paid for the Software in accordance with the provisions of SOFTonNET.  This limited warranty is void if the failure of the Software has resulted from accident, carelessness or misuse.  The warranty period of the replaced Software will be the period for either 30 days or the remaining warranty period, whichever is longer.

8.  DISCLAIMER
You have the responsibility for the installation, copy or use of the ZPack Software. To the maximum extent permitted by applicable laws, SOFTonNET and its suppliers provides the products and all the related supporting services, if any, as it is, and, thus, disclaim all warranties and conditions, express, implied or legal, including but not limited to, all the implied warranty, obligations or conditions in connection with merchantability, fitness for any particular purpose, preciseness of response, integration, results, skilled efforts, non-existence of virus and non negligence in connection with provision of products, supporting services or no-supporting services.
SOFTonNET makes no warranty or conditions for the ownership, conformity to the user manual, non-infringement of rights in connection with ZPack Software; provided, however, that upon your express request, SOFTonNET may provide additional services not covered by this EULA on a fee basis.

9.  LIMITATION OF LIABILITY

1) To the maximum extent permitted by applicable laws, in no event shall SOFTonNET or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use or inability to use the Software products or the provision of or failure to provide support services, even if SOFTonNET has been advised of the possibility of such damages.  In any case, SOFTonNET's entire liability under any provision of this EULA shall be limited to the amount actually paid by you.  However, provided, if you have entered into a technical support agreement with SOFTonNET, SOFTonNET's liability regarding the supporting service shall be governed by the terms of the technical support agreement.

2) SOFTonNET is not liable for losses or damages of third parties in any suit other than those caused in connection with the patents and copyright infringement against SOFTonNET, except the patent and copyright liability for damages of ZPack Software.

10.  COMPILANCE OF THE TERMS OF LICENSE

1) You shall represent and warrant that you are not under any contractual restriction in connection with the license of Application Software which will matter when ZPack Builder Program and ZPack Client Program which SOFTonNET provides under this EULA link to the Application Software.

2) You shall represent and warrant that you will not use the ZPack Software in excess of the permitted number of licenses, that you will not use the Application Software in excess of the permitted number of license under the respective Application Software License Certificate and that SOFTonNET is not liable for any and all matters resulted from your use of the above Software in excess of permitted number of respective license.

3) You shall take proper measures to prevent unauthorized persons from hacking in the system or manipulating the system.  You warrant that SOFTonNET is not liable for any and all results arising from such hacking and manipulation.

4) You agree that, upon request of SOFTonNET or SOFTonNET's authorized representative, you will, within thirty (30) days, fully document and certify that the use of any and all of ZPack Software at the time of the request is in conformity with the valid license granted from SOFTonNET.

11.  COMPILANCE OF THE TERMS OF APPLICATIONN SOFTWARE LICENSE ON ZPack

ZPack is a program which you can perform to the maximum extent permitted by genuine Application Software license you possess. This Application Software license may allow up to three (3) places if residential or educational purpose, and additional installation for portable device, so please read the third-party application license within the scope of fair use.

12.  DEMONSTRATION SOFTWARE
You may not sell or transfer the products in case that there is a mark of "For Demonstration" in the products.

13.  USER REGISTRATION
To receive the benefits of our customer support, you need to fill out the registration card enclosed and return it to SOFTonNET.  SOFTonNET will provide the technical support services only to the registered customer.

14.  CUSTOMER SUPPORT
SOFTonNET will do its best to provide the registered customers with solutions to the technical inquiries arising in the system environment on which the software is operating and make an effort to notify the result of the report about the inconvenience of the software use.

15.  PERIOD
This EULA is effective until the EULA expires; provided, however, that it may be terminated in advance when the user destroyed the accessories or copies of the product or SOFTonNET deemed that the user had violated the terms of the EULA.

16.  TERMINATION
This EULA may be terminated, without prejudice of other rights, if you do not comply with the terms of this EULA.  In that case, you shall destroy all the components and reproduction copies.

17.  ENTIRE AGREEMENT
This EULA supercedes all prior discussions, agreements between you and SOFTonNET, its suppliers or its agent by means of oral or written documents or other notification.


18. GOVERNING LAW AND DISPUTE RESOLUTION

In the event that a dispute arises relating to this EULA, the parties shall try to reach an agreement in good faith.  If an agreement could not be reached, the dispute will be submitted to the exclusive jurisdiction of the Seoul District Court as the first instance.

19.  GENERAL PROVISIONS

1) If any part of this EULA is found void and unenforceable, it shall not affect the validity of the balance of the EULA, which shall remain valid and enforceable according to its terms.

2) This EULA shall not prejudice the statutory rights of any party dealing as a consumer. This EULA may only be modified by a writing signed by the authorized officer of the Parties.

3) The renewal of this EULA shall be in accordance with additional or other provisions.  This is an entire agreement between SOFTonNET and you.  It supersedes any prior representations, discussions, understandings, communication and advertising relating to the Software.

If you have any questions regarding this document or if you wish to request any information to SOFTonNET, please use the address and contact information enclosed with this Software.
