remove any proprietary notices or labels on the Service.
UPGRADES. Z & ZZ reserves the right to update and upgrade the service including but
not limited to user interface, forms, search engines and directories, other destination
types, procedures and documentation.
TITLE. Title, ownership rights, and intellectual property rights in the service ("Service")
and documentation ("Documentation") shall remain in Z & ZZ and/or its suppliers. The
Service is protected by the copyright laws and treaties. Title and related rights in the
content accessed through the Service is the property of the applicable content owner and
may be protected by applicable law. This License gives you no rights to such content.
TERM AND TERMINATION. This agreement will remain in effect for as long as Z & ZZ makes
the service available unless the agreement is terminated earlier due to breach of its terms.
This license is not a subscription service or period service contract. There is no rebate
for early termination. Initial submission use of the service for purchased URLs constitutes
substantial value. The license will terminate automatically if you fail to comply with the
limitations described herein. On termination, you must destroy all printed copies of the
Documentation.
LIMITED WARRANTY. Z & ZZ does not warrant, that the use of the
Service will be uninterrupted, posting information will be available, or that the operation
of the Service will be error-free or secure. In addition, the security mechanisms implemented
by Z & ZZ service have inherent limitations, and you must determine that the Service
sufficiently meets your requirements.
While Z & ZZ shall make every reasonable effort to protect and backup data for
Licensee on a regular basis, Z & ZZ is not responsible for Licensee's data residing
on Z & ZZ servers. Client is responsible for printing and storing current copies of
Web Site Master Forms and status reports for each URL submitted with the Service.
Z & ZZ does not warrant that any directory, search engine, announcement service,
guide, individual or other destination ("Directory Service") will accept your submissions,
or if they do accept them, the time required to do so. Z & ZZ does not warrant that
the number of directories, search engines, announcement services, guides, individuals or
other destinations ("Directory Services") are constant. The number of the available
services can vary. Z & ZZ does not take any responsibility for the contents,
claims or representations of any Directory Service. Z & ZZ does not warrant
availability or response time of Directory Services servers. Z & ZZ does not
guarantee that you will have to submit only once to a Directory Service, or that
any Directory Services will send an Email confirmation of your submission. EASY
Submit does not guarantee that any Directory Service will continue to accept or
maintain submissions without charging fees.
Licensee is responsible for all use of service and confidentiality of
Licensee's information.
THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY EASY SUBMIT.
Z & ZZ MAKES NO OTHER EXPRESS WARRANTY AND NO WARRANTY OF NON INFRINGEMENT
OF THIRD PARTIES' RIGHTS. THE DURATION OF IMPLIED WARRANTIES, INCLUDING WITHOUT
LIMITATION, WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE,
IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD; SOME JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY
TO YOU. NO Z & ZZ DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY
MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. If any modifications
are made to the Service by you during the warranty period; or if you violate the
terms of this Agreement, then this warranty shall immediately be terminated. This
warranty shall not apply if the Service is used on or in conjunction with hardware
or service other than the unmodified version of hardware and service with which
the service was designed to be used as described in the Documentation.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL
RIGHTS THAT VARY BY JURISDICTION.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGALTHEORY,
TORT, CONTRACT, OR OTHERWISE, SHALL Z & ZZ OR ITS SUPPLIERS BE LIABLE TO YOU
OR ANY OTHER PERSON FOR ANY INDIRECT,SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
GOODWILL, WORKSTOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL Z & ZZ BE LIABLE FOR ANY DAMAGES
IN EXCESS OF THE AMOUNT Z & ZZ RECEIVED FROM YOU FOR A LICENSE TO THE SERVICE,
EVEN IF Z & ZZ SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR
FOR ANY CLAIM BY ANYOTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY
TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS
SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND
EXCLUSION MAY NOT APPLY TO YOU.
MISCELLANEOUS. This Agreement represents the complete agreement concerning
this license and may be amended only by a writing executed by both parties.
THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL
ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER.
If any provision of this Agreement is held to be unenforceable, such provision shall
be reformed only to the extent necessary to make it enforceable. Z & ZZ is in no way
affiliated to any other company or service.