End user license

SOFTWARE NAME: US Zipcode DB

Sigma Duke Software Company End-User License Agreement

This End-User License Agreement (EULA) is a legal agreement between you - Recipient (either an individual or a single entity) and Sigma Duke Software Company for the software product listed above. By downloading, installing, copying, or otherwise using the US Zipcode DB, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you are not authorized to use the SOFTWARE PRODUCT.

1. GRANT OF LICENSE. Sigma Duke Software Company grants Recipient a limited, non-exclusive, nontransferable license to use the Product in a single company or network residing on Recipient's premises. Recipient cannot resell, rent, lease, sublicense, assign, or otherwise transfer or redistribute any portion of the Product. All other rights are reserved to Sigma Duke Software Company. All the data in the database must be protected with passwords and restricted so the end user cannot create a competitive product.
The data cannot be used in commercial application without purchasing a developer license. A developer license is available on our web site http://www.sigmaduke.com/zipsoft/.

2. PRODUCT MAINTENANCE. Sigma Duke Software Company is not obligated to provide maintenance or updates to Recipient for the Product. However, any maintenance or updates provided by Sigma Duke Software Company shall be covered by this Agreement. Updates must be purchased seperately.

3. RETURNS OR REFUNDS. There will be no refund under any circumstance once the zip and database passwords had been issued. Files can be downloaded again in case of curruption or damage.

4. DISCLAIMER OF WARRANTY. Product is deemed accepted by Recipient. The Product may be changed substantially for update release. The PRODUCT is provided "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SIGMA DUKE SOFTWARE COMPANY FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT AND DOCUMENTATION REMAINS WITH RECIPIENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SIGMA DUKE SOFTWARE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF SIGMA DUKE SOFTWARE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO RECIPIENT. THE RECIPIENT AGREES TO USE THIS PRODUCT IN A LAWFUL MANNER ONLY AND MUST NOT BE USED IN ANY WAY THAT VIOLATES THE LAW. SIGMA DUKE SOFTWARE COMPANY CANNOT BE LIABLE FOR ANY ACT OF UNLAWFUL USE.

5. ENTIRE AGREEMENT. This Agreement constitutes the complete and exclusive agreement between Sigma Duke Software Company and Recipient with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. This Agreement may not be modified except in a writing duly signed by an authorized representative of Sigma Duke Software Company and Recipient.