License Agreement

Zayo Labs Suite ('the Software') is a copyrighted work of authorship and is also protected under applicable database laws. Zayo LLP retains ownership of the Software and any copies of it, regardless of the form in which the copies may exist. This license is not a sale of the original Software or any copies.

By installing and using the Software on your server, you agree to the following terms and conditions. Such agreement is either on your own behalf or on behalf of any corporate entity which employs you or which you represent ('Corporate Licensee'). In this Agreement, 'you' includes both the reader and any Corporate Licensee and 'Zayo' means Zayo LLP:

• Zayo license grants you the right to run one instance (a single installation) of the Software on one web server and one web site for each license purchased. Each license may power one instance of the Software on one domain. For each installed instance of the Software, a separate license is required.
• The Software is licensed only to you. You may not rent, lease, sublicense, sell, assign, pledge, transfer or otherwise dispose of the Software in any form, on a temporary or permanent basis, without the prior written consent of Zayo.
• The license is effective until terminated (Owned License)/The license is effective for as long as you are paying the monthly payments for the Software (Leased License). You may terminate it at any time by uninstalling the Software and destroying any copies in any form.
• You undertake to;
  • ensure that, prior to use of the Software by your employees or agents, all such parties are notified of the terms of this Agreement; and
  • hold all data (including object and source codes), software listings and all other information relating to the Software confidential and not at any time, during the period of the license or after its expiry, disclose the same whether directly or indirectly to any third party without Zayo's consent.
  • not to use the Software for any illegal purposes and shall comply with all applicable legislation.
• Zayo may, at its discretion, allow you to transfer your Software license to another party, providing the license is an active owned license. Leased licenses are not eligible for transfer.
• After the expiry of a leased license, the Software must either be removed from the server, the licensed renewed or another license purchased.
• All customers must submit the URL where they are using (or plan to use) each license. The URL can be submitted via the our members area.
• All Software copyright notices within design templates must remain unchanged (and visible).
• The Software may not be used for anything that would represent or is associated with an Intellectual Property violation, including, but not limited to, engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities.
• If any of the terms of this Agreement are violated, Zayo reserves the right to revoke the Software license at any time.
• Refunds will be given at the discretion of Zayo.

Disclaimer of Warranty

The software and the accompanying files are sold "As Is" and without warranties as to performance of merchantability or any other warrantied whether expressed or implied.

Zayo cannot be held responsible and accepts no liability for any failure in transmission by you and where for whatever reason your transmission is corrupted fails to arrive or arrives after an undue delay or is received in an unintelligible form.

You must assume the entire risk of using the Software. Any liability of Zayo will be limited exclusively to product replacement or a refund of purchase price.

Except in respect of personal injury or death caused directly by the negligence of Zayo, in no event will Zayo be liable to you for any damages, including any lost profits, lost savings, loss of data or any indirect, special, incidental or consequential damages arising out of the use of or inability to use such Software, even if Jelsoft has been advised of the possibility of such damages. Nothing in this Agreement limits liability for fraudulent misrepresentation.

General

Zayo reserves the right to modify these terms at any time.

This Agreement shall be subject to English Law and the Courts of England and Wales have exclusive jurisdiction over any disputes between parties.