End User License Agreement
Please read this ZenPMO Downloadable Software End User License Agreement (“EULA”) carefully before downloading or using any software linking to this page or accompanying a readme file with this EULA (“Software”).
BY CLICKING A BOX INDICATING ACCEPTANCE OF THIS EULA OR DOWNLOADING OR USING THE SOFTWARE, THIS EULA FORMS A BINDING LEGAL AGREEMENT BETWEEN YOU AND ANY ORGANIZATION OR OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS AND CONDITIONS (COLLECTIVELY “YOU” OR “YOUR”) AND ZenPMO, AND WILL GOVERN YOUR DOWNLOAD AND USE OF THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS EULA, DO NOT DOWNLOAD OR USE THE SOFTWARE.
ANY INDIVIDUAL AGREEING TO BE BOUND BY THIS EULA ON BEHALF OF AN ORGANIZATION OR OTHER LEGAL ENTITY REPRESENTS THAT SUCH INDIVIDUAL HAS THE AUTHORITY TO BIND SUCH ENTITY TO THE TERMS AND CONDITIONS CONTAINED HEREIN.
YOU SHALL NOT DOWNLOAD OR USE THE SOFTWARE WITHOUT PRIOR WRITTEN CONSENT OF ZenPMO IF YOU ARE OR BECOME A DIRECT COMPETITOR TO ZenPMO OR ITS AFFILIATES.
1. Software.
1.1 License. ZenPMO grants You a non-exclusive, non-transferable, limited license to download and use the Software on a device you own or lawfully control for Your own business purposes. The Software, including software embedded in the Software, is licensed, not sold, to You. This Software may include some third-party software; please see the Documentation for additional notices required by certain third-party licensors. This product cannot be resold.
Single User is limited to the purchaser.
Multi User is limited to 20 users within same organization or household.
Enterprise User is unlimited users within same organization or household.
1.2 Documentation. Accompanying the Software at download or on ZenPMO’s website or any website linked from such website that is owned or controlled by ZenPMO, ZenPMO may provide documentation that is uniformly available and applicable to all ZenPMO customers and relates to the operation and use of the Software, including directions and acknowledgements, each as updated by ZenPMO from time to time (“Documentation”).
1.3 Restrictions. You shall use the Software strictly in compliance with this EULA, the Documentation, and applicable laws and regulations, and shall promptly notify ZenPMO of any known unauthorized use. You shall not commercially sell, resell, license, sublicense, distribute, or frame the Software to a third party.
1.4 Updates and Support. ZenPMO may modify, upgrade or otherwise update the Software at any time. ZenPMO may provide support for the Software but has no obligation to furnish such support to You and may cease to offer such support at any time without notice. You acknowledge that no third party has an obligation to furnish any support in connection with the Software or your device.
1.5 Compatible Devices and OS. The Software is only available for installation and use on certain devices and operating systems. Documentation for the Software may identify compatible devices and operating systems, however, regardless of such Documentation, determining whether Your device and operating system are compatible with the Software is solely Your responsibility.
2. Privacy. In order to provide the Software, ZenPMO may collect certain information about You and your device. ZenPMO uses and protects that information in accordance with the Zenpmo Privacy Policy available at ZenPMO.com.
3. DISCLAIMER. EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES EXPRESSLY STATED IN THIS EULA, ZENPMO MAKES NO REPRESENTATIONS AND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (A) ZENPMO SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLIANCE WITH LAWS, NON-INFRINGEMENT, AND ACCURACY; (B) ZENPMO DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE OR OPERATE WITHOUT INTERRUPTIONS OR DOWNTIME; AND (C) YOUR DOWNLOAD AND USE THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR DEVICES OR FOR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OR USE OF THE SOFTWARE.
4. LIMITATION OF LIABILITY.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL ZENPMO BE LIABLE FOR ANY LOST PROFITS, GOODWILL, OR REVENUES OR FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, COVER, BUSINESS INTERRUPTION, OR PUNITIVE DAMAGES IN CONNECTION WITH ANY CLAIM OF ANY NATURE, WHETHER IN CONTRACT, TORT, OR UNDER ANY THEORY OF LIABILITY, ARISING UNDER THIS EULA, EVEN IF ZENPMO HAS GIVEN YOU ADVANCE NOTICE OF SUCH POSSIBLE DAMAGES OR IF ZENPMO’S REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE.
TO THE EXTENT PERMITTED BY LAW, ZENPMO’S ENTIRE LIABILITY UNDER THIS EULA WILL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS OR THE FEES PAID BY YOU TO ZENPMO FOR THE SOFTWARE DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE ON WHICH THE LIABILITY AROSE. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
5. General
5.1 Compliance. You represent and warrant that: (a) You are not located in a country that is subject to a United States Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the United States Code of Federal Regulations; (b) You are not located in a country that has been designated by the United States Government as a “terrorist supporting” country; and (c) You are not listed on any United States Government list of prohibited or restricted parties. You further agree not to download or transport the Software to or use the Software in any such country.
5.2 Feedback. You grant ZenPMO a worldwide, irrevocable, perpetual, sublicensable, transferable, non-exclusive license to use and incorporate into ZenPMO’s products and services any feedback or suggestions for enhancement that You provide to ZenPMO (“Feedback”), without any obligation of compensation. Feedback is provided by You “as-is,” without representations or warranties, either express or implied, including any warranties of merchantability or fitness for a particular purpose.
5.3 Contact. ZenPMO may be contacted or noticed at the following address and email:
Privewire, Attn: ZenPMO Legal, 2009 Mackenzie Way Suite 100, Cranberry Twp, PA 16066 United States
5.4 Governing Law. This EULA is governed by and construed in accordance with the laws governing Your Services Agreement.
5.5 Entire Agreement. This EULA represents the entire agreement between ZenPMO and Customer with respect to the Software. With respect to Your use of the Software, to the extent the Services Agreement conflicts with this EULA, the terms of this EULA will control.
5.6 Revisions. ZenPMO reserves the right to revise this EULA at any time and for any reason. ZenPMO will post the most current version of this EULA on the ZenPMO.com site. Notwithstanding the foregoing, You are responsible for complying with the updated terms posted online at ZenPMO’s website even if these updated terms appear online at ZenPMO’s website before being posted on the Software as part of purchase. Your continued use of the Software after ZenPMO publishes notice of changes to this EULA indicates Your consent to the updated terms.
6. Third Parties.
6.1 EULA Claims. This EULA is between You and ZenPMO and not between you and any third party. You agree that any claims brought by You arising out of this EULA or Your use of the Software will not be made against any third party that has licensed or authorized the association or integration of its products, applications, or content with the Software. Notwithstanding the foregoing, upon Your acceptance of this EULA, any applicable third party may enforce this EULA against You as a third party beneficiary thereof.
6.2 Intellectual Property Rights. In the event of a third-party claim that the Software, or Your possession and use of the Software, infringes or misappropriates a third-party’s intellectual property rights, ZenPMO will be solely responsible for the investigation, defense, settlement and discharge of any such claim.
6.3 Products. If You separately procure services, applications, or content from a third party (“Third Party Products”) for use with the Software, any such use is subject to the end-user license or use agreement that You accept from or establish with the third party. Third Party Products are not Software and, as between the parties, ZenPMO has no liability with respect to your procurement or use of Third Party Products.
7. Refund Policy. Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. If you believe that ZenPMO has charged you in error, you must contact us within 30 days of such charge. No refunds will be given for any charges more than 30 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.
ZenPMO is a wholely-owned operating unit of Privewire, LLC. If you believe that ZenPMO has not adhered to this Statement, please contact ZenPMO at:
Privewire, LLC
ZenPMO Business Unit
100 S. Commons, Ste. 102
Pittsburgh, PA 15212
United States
Last Updated: February 23, 2023