Important ========= By using this software you accept the following terms of this License Agreement. If you do not agree with these terms, you should not install or use the software and promptly return it for a refund. By clicking the “I accept” and “Next” buttons below, or by installing, or otherwise using the software (sometimes also referred to herein as “ShipRush”), you agree to be bound by the terms of this License Agreement, whether or not you decide to purchase the software. If you are installing the software for your company, you agree that your company will be bound by this Agreement. You agree that this agreement is enforceable like any written agreement negotiated and signed by you or by an executive of your company. Your right to access and use the software and documentation is for the limited time of a subscription. If the subscription expires, is not renewed or the applicable subscription fee is not paid, your right to access and use the software and documentation will end. This license restricts access to developer tool kits by competitors of Z-Firm. Ownership ========= Z-Firm LLC, a California limited liability company (“Z-Firm”) retains ownership of this copy of the enclosed software package. It is licensed to you for use under the following conditions: Grant of License ================ The ShipRush License comes in four versions. Consult your invoice to determine which license you have. 1) Single User License: This is for single-users of ACT!, GoldMine, Outlook, QuickBooks and other programs. If ACT!, GoldMine, Outlook, QuickBooks, or your host application is running on a network, see the Multi-User license below. The Single User License may be installed on a single PC. If uninstalled from that PC, it can be installed on another PC. At no time may the license be installed on more than one PC. 2) Multi-User Network License: Multi-user databases (including QuickBooks, ACT!, GoldMine, SalesLogix, Outlook and other programs when these products run on a network) must purchase either a Multi-User or Custom/Site License. This multi-user ShipRush license must match or exceed the user license of the contact manager. The Multi-User license allows ShipRush to be installed on the number of PC’s indicated on your invoice or license certificate. Note that a multi-user license is required for systems running QuickBooks Premier and QuickBooks Enterprise. A single user version of ShipRush is not to be used with these versions of QuickBooks. 3) Custom or Site License: Refer to your invoice or license certificate for details. 4) Developer related license. The type and terms of the license for the Software Developer Kit (“SDK”), Web Application Developer Kit for ShipRush (“WADKS”) or other types of developer related software (collectively, “Developer Related Software”) will be described in your invoice or purchase record from Z-Firm. Upon your acceptance of this software license agreement, Z-Firm grants you a non-exclusive, non-transferable, limited license to install and use a copy of the software on your compatible computer, up to the Permitted Number of computers. The Permitted Number of computers shall be delineated at such time as you elect to purchase the software. During the evaluation period only a single user may install and use the software on one computer. In addition, for Developer Related Software, Z-Firm grants you a non-exclusive, non-transferable, limited license to compile into executable form and redistribute necessary parts of the applicable ShipRush developer’s kit software (e.g. type libraries, header files, constants and related). Such elements are to be distributed in object-code form only. For licenses of Developer Related Software, licensee may not distribute or redistribute, sublicense, sell, or transfer to a third party any part of the Developer Related Software, except as provided above. This software may NOT be transferred to other parties. The license is granted only to you, and it may not be rented, sold, leased, or otherwise transferred to any other party. This license is not perpetual. Licenses to ShipRush are for a finite period of time, and must be periodically renewed. Any license provided to you at no charge to you may be revoked or disabled at any time. Confidentiality =============== For licenses of Developer Related Software, licensee shall keep confidential any and all information revealed to it by Z-Firm, whether written or oral, related to the ShipRush developer kit software (collectively, the “Information”). Information includes, without limitation, executable code, developer kit application program interfaces (APIs), module interfaces, testing tools, documentation, videos, sample applications (both source and object code versions), communications with Z-Firm’s technical support, and pricing and licensing terms of the software. Failure to mark any of the Information as confidential or proprietary shall not affect its status as Information under the terms of this Agreement. Licensee must take all reasonable measures to protect the secrecy of and avoid disclosure and unauthorized use of the Information. Without limiting the foregoing, licensee must take at least those measures that licensee takes to protect it own most highly confidential information. Requirements ============ An internet connection is required. Registration ============ Use of this software requires that your company register with Z-Firm. ShipRush will automatically send registration information to Z-Firm via internet or other means. Registration information will include your name, company, mailing address, and information needed to identify you to the shipping carrier. ShipRush may read information from your computer that Z-Firm deems necessary in order to identify you and/or your PC. Misrepresentation of registration information invokes automatic Termination of your license to use ShipRush. Automatic re-registration may be triggered if license information or shipper account information is updated or changed. ShipRush will also keep track of how it is used. This information is made of high level counters. This information is automatically uploaded to Z-Firm. Shipment details are never sent to Z-Firm, but are sent to the shipping carrier. All data sent to Z-Firm is kept confidential, and is used for product improvement and product management purposes. Data sent to Z-Firm may be shared with shipping carriers and software firms with which Z-Firm has a relationship or integrates with. Additionally, you agree to receive unsolicited emails, faxes, phone calls, and other communications from Z-Firm. Evaluation ========== Evaluation copies of ShipRush are limited to a certain duration. If you choose not to purchase a ShipRush license during the period of the evaluation, remove ShipRush by uninstalling it and deleting any ShipRush related files. Ideas & Feedback submitted to Z-Firm ==================================== You acknowledge and agree that submission of feedback, suggestions, and ideas (collectively, “Ideas”), either orally or in writing to anyone at Z-Firm, or anyone acting as an agent, reseller, consultant, or other party, will not in any way establish a confidential relationship with Z-Firm, nor will it place Z-Firm in the position of receiving a disclosure in trust. Z-Firm will not be obligated and makes no commitment to treat or maintain Ideas which you submit as confidential. In addition, you do not expect any type of payment or remuneration from Z-Firm for Ideas. You agree that all documents, materials and intellectual property submitted to Z-Firm will become the property of Z-Firm unless Z-Firm agrees otherwise in writing. No obligation is assumed or may be implied on the part of Z-Firm by receipt or examination of the Idea submission including, without limitation, any obligation to use the Ideas, to compensate you, or otherwise enter into an agreement with you. Restrictions ============ You may not copy the documentation or software except as described in the installation section of this manual. You may not distribute, rent, sub-license or lease the software or documentation, including translating, decompiling, disassembling, or creating derivative works. You may not reverse-engineer any part of this software, or produce any derivative work. You may not make telecommunication transmittal of this software. Termination =========== This license and your right to use this software automatically terminates if you fail to comply with any provision of this license agreement. Additionally, neither Z-Firm nor the shipping carrier provide guarantee or warrantee that this software will continue to function or to reinstall. Rights ====== Z-Firm retains all rights not expressly granted. Nothing in this license agreement constitutes a waiver of Z-Firm’s rights under the U.S. copyright laws or any other Federal or State law. You acknowledge and agree that ShipRush contains Z-Firm’s intellectual property, including trademark, copyright and patentable material. You agree not to infringe Z-Firm’s intellectual property. Control of the ShipRush product resides with both Z-Firm and the shipping carriers. These license terms are subject to change at any time. Limited Warranty ================ If physical defects are found in the media, Z-Firm will replace the media or documentation at no charge to you, provided you return the item to be replaced with proof of payment to Z-Firm during the 90-day period after having taken delivery of the software. ALTHOUGH Z-FIRM HAS TESTED THE SOFTWARE AND REVIEWED THE DOCUMENTATION, Z-FIRM MAKES NO WARRANTY OF REPRESENTATION, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THIS SOFTWARE OR DOCUMENTATION, ITS QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. AS A RESULT, THIS SOFTWARE AND DOCUMENTATION ARE LICENSED “AS IS” AND YOU, THE LICENSEE, ARE ASSUMING THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE. IN NO EVENT WILL Z-FIRM BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Z-FIRM SHALL HAVE NO LIABILITY FOR ANY DATA STORED OR PROCESSED WITH THIS SOFTWARE, INCLUDING THE COSTS OF RECOVERING SUCH DATA. YOUR SOLE REMEDY IS TO RETURN THE SOFTWARE AND DOCUMENTATION TO Z-FIRM FOR REPLACEMENT. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESSED OR IMPLIED. NO Z-FIRM DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS OR ADDITIONS TO THIS WARRANTY. Information in this document is subject to change without notice and does not represent a commitment on the part of Z-Firm. The software described in this document is furnished under this license agreement. The software may be used or copied only in accordance with the terms of the agreement. It is against the law to copy the software on any medium except as specifically allowed in the license agreement. Some states do not allow the exclusion of implied warranties or liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. Not a Competitor of Z-Firm ========================== For licenses of Developer Related Software, you represent and warrant that you, and if applicable, your company, are not a competitor of Z-Firm or an employee, director, officer, manager, agent, affiliate or advisor to a competitor. For the purposes of this paragraph, “competitor” is defined to mean one of the following: VTechnologies, Interapptive, Stamps.com, Endicia, Envelope Manager Software, Pitney Bowes, development team and management of UPS WorldShip, FedEx Ship Manager, DHL QuickShip, Paypal shipping team and USPS shipping software team. If you breach the above representation and warranty, the license and all other rights granted to you under this Agreement immediately and automatically terminate. Any use of the software or documentation will entitle Z-Firm to pursue all remedies for copyright infringement plus all other remedies available at both equity and law.