End-User License Agreement ("Agreement")

Last updated: February 9, 2018

Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button, downloading, or using the Coral Simulator ("Application").

By clicking the "I Agree" button, downloading, or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.

If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download or use the Application.

License

Zyante, Inc. (zyBooks) grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Application solely for your personal non-commercial purposes, or for your customary teaching purposes at a not-for-profit college or school, strictly in accordance with the terms of this Agreement.

Restrictions

You agree not to, and you will not permit others to:

a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.

Modifications to Application

zyBooks reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

Term and Termination

This Agreement shall remain in effect until terminated by you or zyBooks.

zyBooks may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from zyBooks, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop.

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Amendments to this Agreement

zyBooks reserves the right, at its sole discretion, to modify or replace this Agreement at any time.

No Warranties

zyBooks expressly disclaims any warranty for the Application. The Application and any related documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the Application remains with you.

No Liability for Damages

In no event shall zyBooks be liable for any special, consequential, incidental or indirect damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if zyBooks is aware of the possibility of such damages and known defects.

Export Control

You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction(s) in which the  Application was obtained. In particular, but without limitation, the  Application may not be exported or re-exported: (a) into any U.S. embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the  Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the  Application for any purposes prohibited by United States law (including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons).

Governing Law: Disputes.  

The Agreement and the rights and obligations of the parties will be governed by and construed and enforced in accordance with the laws of the State of California as applied to agreements entered into and to be performed entirely within California between California residents, without regard to conflicts of law principles.  The parties expressly agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods will not apply to the Agreement or to their relationship.  All disputes arising under or in connection with this Agreement will be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with the Rules. The language of the arbitration will be English. The place of the arbitration will be San Francisco, CA. Judgment upon any award rendered by the arbitrator may be entered in any court having jurisdiction. All materials in the proceedings created for the purpose of the arbitration, all other documents produced by another party in the proceedings not otherwise in the public domain, and all awards in the arbitration will be deemed “Confidential Information”, except to the extent that disclosure may be required of a party by legal duty to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. Notwithstanding anything to the contrary above and irrespective of the tribunal’s powers to order interim or conservatory measures, nothing in this Agreement will prevent either party from seeking provisional measures from any court of competent jurisdiction, and no such request will be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. Either party will be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of the other party’s obligations arising out of or connected with the Agreement. The parties hereby waive any requirements for security for obtaining such equitable relief. The confidentiality provisions of the Agreement will be enforceable under the provisions of the California Uniform Trade Secrets Act, California Civil Code Section 3426, as amended.

Contact Information

If you have any questions about this Agreement, please email: support@zybooks.com