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privacy="Zytes, Inc. ("Zytes") is pleased to provide this privacy policy governing our use of personally identifiable information provided to us via this Internet website ("Site") and Zytes' Zytoo service ("Service") provided in connection with use of the Zytoo software add-in downloadable on this Site ("Software").
What We Collect and How We Use It: Zytes may ask you to provide personally identifiable information, such as your name, e-mail address and password to register for the Service. We gather the information when you log in and complete the Service registration form, provide feedback in online surveys; and send or receive communications regarding the Service and the Software. We also gather information about your general usage of the Services. When you perform certain actions using the Service, Zytes tracks your usage patterns to see what features of the Service and the Software you commonly use. When you provide such information, Zytes uses it to, where appropriate, provide the Services; verify your authority to enter the Site; improve the content of the Site and the quality of the Services; and, generally administer the Site and the Services.
Controllers of Personal Information: Any personal information provided or gathered by Zytes is controlled by Zytes, Inc., 19925 Stevens Creek Blvd., Cupertino, CA 95014-2358.
Disclosure and Storage of Your Personal Information: We will disclose your personally identifiable information if we reasonably believe we are required to do so by law, regulation or other government authority. In addition, we may transfer your personally identifiable information to a successor entity upon a merger, consolidation or other corporate reorganization in which Zytes participates or to a purchaser of all or substantially all of Zytes's assets. Such successor entity shall be bound by the terms and conditions of this privacy policy.
Security: Zytes employs procedural and technological measures to protect your personally identifiable information. Such measures are reasonably designed to protect your personally identifiable information from loss, unauthorized access, disclosure, alteration or destruction. Zytes may use Secure Socket Layer software, encryption, password protection, firewalls, internal restrictions and other security measures to help prevent unauthorized access to your personally identifiable information.
Updating Your Information. Zytes provides you with the ability to review, correct and request the deletion of any of the personally identifiable information you provide to Zytes. If you wish to correct or delete any of your personally identifiable information please contact Zytes by the email address provided below.
Policy Changes: Zytes reserves the right to change this privacy policy from time to time, and will post any revisions on its website located at www.Zytoo.com. We encourage you to review this Zytoo privacy policy regularly for any changes. Your continued use of this web site will be subject to the then-current Zytoo privacy policy.
If you have questions or comments regarding privacy practices regarding Zytes you can contact us at: privacy@zytes.com.
Last updated: August 17 2003 "
terms="IMPORTANT: BEFORE DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING THE ZYTES, INC. ("ZYTES") Zytoo SOFTWARE PRODUCTS ("SOFTWARE") AND ACCESSING THE Zytoo SERVICES ACCESSIBLE THROUGH THE USE OF THE SOFTWARE ("SERVICE") THAT THIS LEGAL AGREEMENT ("AGREEMENT") APPLIES TO, YOU WILL BE REQUIRED TO AFFIRMATIVELY ACKNOWLEDGE YOUR, OR THE ENTITY OR COMPANY THAT YOU REPRESENT ("LICENSEE") AGREEMENT TO THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. BY CLICKING ON THE "I ACCEPT" BUTTON, YOU ARE INDICATING THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND ACKNOWLEDGE THAT YOUR RIGHT TO USE THE SOFTWARE IS LIMITED AS PROVIDED HEREIN. YOU MUST CLICK ON THE "I ACCEPT" BUTTON IN ORDER TO OBTAIN ACCESS TO THE SOFTWARE. IF THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE NOT ACCEPTABLE TO YOU, CLICK ON THE "I DECLINE" BUTTON AND YOU WILL NOT ALLOWED TO DOWNLOAD, INSTALL, COPY OR OTHERWISE USE THE SOFTWARE.
1. LICENSE GRANT: Subject to the terms of this Agreement, Zytes hereby grants Licensee a limited, personal, non-sublicensable, non-transferable, nonexclusive license to install and use the Software and to access the Service only for its personal, internal use and only in accordance with any documentation that accompanies the Software. Zytes reserves the right to change the terms, conditions, and notices under which the Software is provided and the Service is offered. Licensee is responsible for regularly reviewing these terms and conditions and additional terms posted on www.Zytoo.com. Licensee's continued use of the Software and the Service constitutes Licensee's agreement to all such terms, conditions, and notices.
If Licensee is an individual, Licensee may download, install and use the Software and the Service free of charge on any computer (but only one computer at a time) for unlimited use. If Licensee is a company, up to five (5) individuals, each on any computer (but only one computer per user at a time), may download, install and use the Software and the Service free of charge. The installation and use of the Software and the Service shall be limited to standalone computers or a local or wide area network of computers that is entirely operated and accessed by Licensee.
2. LICENSE RESTRICTIONS: Except as expressly and unambiguously permitted by this Agreement, Licensee shall not, nor permit anyone else to, directly or indirectly: (a) copy (except for a reasonable number of backup copies), modify or distribute (or otherwise make available to others) the Software; (b) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of the Software; or (c) rent, lease or use the Software or the Service for timesharing or service bureau purposes or otherwise use the Software or the Service on behalf of any third party. Licensee shall maintain and not remove or obscure any proprietary notices on the Software, and shall reproduce such notices exactly on all permitted copies of the Software. As between the parties, title, ownership rights, and intellectual property rights in and to the Software, and any copies or portions thereof, and in and to the Service, shall remain in Zytes and its suppliers or licensors. Licensee understands that Zytes may modify or discontinue offering the Software or the Service at any time. The Software is protected by the copyright laws of the United States and international copyright treaties. This Agreement does not give Licensee any rights not expressly granted herein.
3. INTELLECTUAL PROPERTY; CONTENT: As a condition to Licensee's use of the Software and the Service, Licensee represents, warrants and covenants that Licensee will not use the Software or the Service: (a) to infringe the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; (b) to violate any applicable law, statute, ordinance or regulation; (c) to disseminate information or materials in any form or format ("Content") that is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (d) to disseminate any software viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (e) in violation of Zytes' standard policies then in effect. Licensee, not Zytes, remains solely responsible for all Content that Licensee uploads, posts, e-mails, transmits or otherwise disseminates using, or in connection with, the Software or the Service. Zytes has no duty to monitor, control, archive or block any e-mail message. Licensee acknowledges that all Content that Licensee accesses using the Software or the Service is at Licensee's own risk and Licensee will be solely responsible for any damage to any party resulting therefrom. Although Zytes has no obligation to monitor the Content provided by Licensee or Licensee's use of the Software or Service, Zytes may do so and may remove any such Content or prohibit any use of the Software or Service it believes may be (or alleged to be) in violation of the foregoing. Notwithstanding the foregoing, Zytes reserves the right at all times to disclose any information necessary satisfy any applicable law, regulation, legal process or governmental request concerning Licensee's use of the Software or Service, without prior notification to Licensee.
4. PRIVACY POLICY: Zytes' privacy policy governs Zytes' use of Licensee's information it may obtain through Licensee's use of the Software and/or the Service. This policy, as it may be changed from time to time, is posted at http://www.Zytoo.com/policy.htm or at a successor site.
5. EQUIPMENT: Licensee shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Software or the Service, including, without limitation, modems, hardware, server, software, operating system, networking, web servers, long distance and local telephone service (collectively "Equipment"). Licensee shall be responsible for ensuring that such Equipment is compatible with the Software and the Service and complies with all configurations set forth in Zytes' published policies then in effect. Licensee shall also be responsible for maintaining the security of the Equipment, Licensee account, passwords (including but not limited to administrative and other passwords) and files, and for all uses of Licensee's account or the Equipment with or without Licensee's knowledge or consent.
6. AVAILABILITY: Zytes shall use reasonable efforts consistent with prevailing industry standards to maintain the Service in a manner which minimizes errors and interruptions in the Service. The Service may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Zytes or by third-party providers, or because of other causes beyond Zytes' reasonable control.
7. FEATURES AND COMMUNICATION: The Software and the Service are intended to enhance Licensee's e-mail inbox in ways that include automatically adding an identifying signature line to outgoing messages. The Software will, at times, contact an outside server and will upload and download information. This information may include registration verification, software update checks, and the updating of message thumbprints. By installing the Software, you agree to allow the client software and the remote server to communicate with each other for the purpose of such information exchange.
8. SUPPORT AND UPGRADES: Zytes will provide email support, upgrades, patches, enhancements, and fixes for the Software or the Service (collectively, "Support Services ") solely pursuant to Licensee's purchase of Support Services from Zytes. Licensee must pay a maintenance fee in order to receive the Support Services. Licensee is not entitled to any other Support unless Licensee makes separate arrangements for Support Services with Zytes and pays any fees associated with such Support Services. Any such Support Services for the Software or Service that may be made available by Zytes shall become part of the Software or Service and subject to this Agreement.
9. INDEMNITY: Licensee agrees that Zytes shall have no liability whatsoever for any use Licensee makes of the Software or the Service. Licensee shall indemnify and hold harmless Zytes from any claims, damages, liabilities, costs and fees (including reasonable attorney fees) arising from Licensee's use of the Software or the Service as well as from Licensee's failure to comply with any term of this Agreement.
10. WARRANTY DISCLAIMER: LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND LICENSOR DOES NOT GUARANTEE THE SOFTWARE. LICENSOR PROVIDES THE SOFTWARE AND THE SERVICE "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, AVAILABILITY AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
11. LIMITATION OF LIABILITY: LICENSOR SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY INACCURACY OF THE SOFTWARE. THIS INCLUDES, BUT IS NOT LIMITED TO, THE LOSS OF WANTED MAIL MESSAGES. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO LICENSEE OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR DAMAGES RESULTING FROM YOUR USE OF THE SOFTWARE OR THE SERVICE. LICENSOR'S LIABILITY FOR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO ONE HUNDRED DOLLARS (US$100). THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF COMPANY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
12. TERM AND TERMINATION: This Agreement shall continue until terminated as set forth in this section. Licensee may terminate this Agreement at any time by destroying all copies of the Software in its possession and/or control. Zytes may terminate this Agreement immediately if Licensee violates any provision of this Agreement. Any termination of this Agreement shall also terminate the licenses granted hereunder. Upon termination of this Agreement for any reason, Licensee shall destroy and remove from all computers, hard drives, networks, and other storage media all copies of the Software, and shall cease all use of the Service, and shall so certify to Zytes that such actions have occurred. Sections 2 through 5, and 9 through 15, shall survive termination of this Agreement.
13. GOVERNMENT USE: The Software under this Agreement is "commercial computer software" as that term is described in DFAR 252.227-7014(a)(1). If acquired by or on behalf of a civilian agency, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms and this Agreement as specified in 48 C.F.R. 12.212 (Computer Software) and 12.11 (Technical Data) of the Federal Acquisition Regulations ("FAR") and its successors. If acquired by or on behalf of any agency within the Department of Defense ("DOD"), the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement as specified in 48 C.F.R. 227.7202 of the DOD FAR Supplement and its successors.
14. EXPORT CONTROLS: You agree and certify that neither the Software nor any other technical data received from Zytes, nor the direct product thereof, will be exported outside the United States or re-exported except as authorized and as permitted by the laws and regulations of the United States and/or the laws and regulations of the jurisdiction, (if other than the United States) in which you rightfully obtained the Software.
15. MISCELLANEOUS: If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. The failure of Zytes to act with respect to a breach of this Agreement by Licensee or others does not constitute a waiver and shall not limit Zytes' rights with respect to such breach or any subsequent breaches. This Agreement is personal to Licensee and may not be assigned or transferred for any reason whatsoever (including, without limitation, by operation of law, merger, reorganization, or as a result of an acquisition or change of control involving Licensee) without Zytes' prior written consent and any action or conduct in violation of the foregoing shall be void and without effect. Zytes expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement shall be governed by and construed under California law as such law applies to agreements between California residents entered into and to be performed within California. The sole and exclusive jurisdiction and venue for actions arising under this Agreement shall be the State and Federal courts in Santa Clara County, California; Licensee hereby agrees to service of process in accordance with the rules of such courts. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior and/or contemporaneous agreements and representations between them.
Questions regarding the above statement should be directed to Zytoo™ at tou@zytes.com for clarification."
contact="
1250 Oakmead Pkwy, Suite 210
Sunnyvale, CA 94085
MAIN : 408.501.8812"
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