Zerto Terms and Conditions Product

End User License Agreement

The parties to this End User License Agreement (the “Agreement“) are (i) Zerto, Inc., if the license was purchased from Zerto, Inc. or its authorized reseller, or Zerto Ltd., if the license was purchased from Zerto Ltd. or its authorized reseller (as applicable, “Zerto“); and (ii) the individual installing and/or using the Software (as such term is defined below) and any legal entity on whose behalf such individual is acting (“You” or “you“).

This Agreement governs Your use of the object code copy of the Zerto software program, together with any associated media, related third party software (if applicable), and all accompanying manuals and other documentation, and together with all enhancements, upgrades, and extensions thereto (the “Software“).

PLEASE NOTE: BY CLICKING THE “SUBMIT” BUTTON BELOW, YOU RE-INDICATE YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY AND COMPLY WITH ITS TERMS. NOTHING IN THE ABOVE CLICKING REQUIREMENT DEROGATES FROM ANY ACKNOWLEDGEMENT, ACCEPTANCE OR UNDERTAKING PREVIOUSLY MADE BY YOU UNDER ANY ZERTO QUOTE ACCEPTED BY YOU.

1.                             License to Use Software

1.1                       Subject to proper payment to Zerto and Your compliance with the terms and conditions of this Agreement and other agreements with Zerto by which you are bound, Zerto hereby grants You a non-exclusive, non-sublicensable, non-transferable, perpetual license, including under Zerto Patent Rights (as defined below), to install and use the Software, solely for Your internal purposes, and solely on such number of virtual machines as agreed upon in writing between You and Zerto or between Zerto and Your relevant Zerto’s authorized reseller, provided that each such virtual machine runs a validly licensed copy of the operating system for which the Software was designed. “Zerto Patent Rights” means patents or patent applications, in any country of the world that are owned solely by Zerto, controlled by Zerto, or licensed to Zerto with the right to grant the licenses contemplated herein, that claim any part of the Software or any use thereof. You agree that, except for the limited, specific license rights granted in this section ”Ž1, You receive no license rights to the Software.

1.2                       Unless otherwise authorized in writing by Zerto, You undertake not to (and not to allow third parties to) (1) sublicense, lease, rent, loan, or otherwise transfer the Software to any third party, (2) decompile, disassemble, decrypt, extract or otherwise reverse engineer or attempt to reconstruct or discover any source code of, or any underlying ideas in, the Software (“Reverse Engineering“), (3) modify, adapt, or prepare derivative works from the Software, (4) allow others to use the Software and use the Software for the benefit of third parties, (5) develop any other product containing any of the concepts and ideas contained in the Software, (6) remove, obscure, or alter Zerto’s or any third party’s trademarks or copyright or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Software, and (7) make unauthorized copies of the Software (except as necessary for backup purposes). If, notwithstanding the prohibition set forth in subsection (2) above, applicable law permits Reverse Engineering, You will, before commencing or permitting any Reverse Engineering (A) inform Zerto of the planned Reverse Engineering, (B) conduct or allow such Reverse Engineering only to achieve interoperability between the Software and other computer programs, (C) request from Zerto the information necessary to achieve such interoperability, (D) provide Zerto ample opportunity to supply the information necessary to achieve interoperability.

1.3                       In the event that You or Your relevant Zerto’s authorized reseller have purchased certain support services in connection with the Software (and only in such event), the terms of Zerto’s Service Level Agreement attached hereto as Annex A (the “SLA“) shall apply to such services and shall constitute an integral part of this Agreement. Other than as set forth in the SLA (to the extent it applies), or, if applicable, any Zerto quote accepted by You, Zerto has no obligation to provide support, maintenance, upgrades, modifications, or new releases of the Software.

2.                             Intellectual Property

2.1                       You acknowledge that Zerto or other third parties own all right, title and interest, including all Zerto Patent Rights and other intellectual property rights, in and to the Software, portions thereof, or software or content provided through or in conjunction with the Software. Except for the license granted in accordance with Section ”Ž1 of this Agreement, all rights in and to the Software are reserved, and no licenses, implied or otherwise, are granted by Zerto, You are not authorized to use Zerto’s trademarks, service marks, or trade dress, and You agree not to display or use them in any manner other than as they are displayed in the Software.

2.2                       If You have comments on the Software or ideas on how to improve it, please contact us. By doing so, You also grant Zerto a perpetual, royalty-free, irrevocable, transferable license, with right of sublicense, to use and incorporate Your ideas or comments into the Software (or third party software, content, or services), and to otherwise exploit Your ideas and comments, in each case without payment of any compensation.

3.                             License to Free Programs

The Software makes use of free and open source programs, licensed under the license agreements set forth in Annex B attached hereto.

4.                             Acceptable Use and Conduct

You shall use the Software in compliance with all applicable laws, ordinances, rules and regulations, shall not violate or attempt to violate Zerto’s system or network security, and shall not misuse the Software in any way.  You shall be responsible for Your conduct while using the Software.

5.                             Consideration

5.1                       The consideration for the license granted hereunder shall be as set forth in the Zerto quote accepted by You or by Your Zerto’s authorized reseller. Unless explicitly provided otherwise in this Agreement or in such quote, such consideration is non-refundable.

5.2                       You are responsible for payment of all taxes of every kind imposed in connection with the license of the Software to You or which Zerto may incur in respect of this Agreement (except for taxes imposed on Zerto’ net income) and any penalties, interest and collection or withholding costs associated with any of the foregoing items.    All such amounts are in addition to other amounts payable hereunder.    If You are required to withhold any taxes or fees from amounts due to Zertos under this Agreement, then You agree to increase the payment to Zerto so that, after payment of all taxes and fees, You will have paid to Zerto the total amount due to Zerto as if no  taxes or fees were withheld.    You may provide Zerto with a tax exemption certificate acceptable to the taxing authorities in lieu of paying certain taxes; however, You shall reimburse Zerto for any fines, penalties, taxes and other charges, including expenses incurred by Zerto, due to Your submission of invalid information.

6.                             Term

This Agreement will enter into effect on the date on which this Agreement is accepted by You (the “Effective Date“), and shall remain in effect for an indefinite period of time, unless provided otherwise in Zerto’s quote accepted by you or Your authorized Zerto reseller.

7.                             Disclaimer of Warranties

THE SOFTWARE IS PROVIDED “AS IS”. ZERTO AND ZERTO’S LICENSORS, AFFILIATES, EMPLOYEES OR CONSULTANTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SOFTWARE. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ZERTO AND ITS LICENSORS, AFFILIATES, EMPLOYEES OR CONSULTANTS DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. ZERTO AND ITS LICENSORS, AFFILIATES, EMPLOYEES AND CONSULTANTS DO NOT WARRANT THAT THE SOFTWARE WILL FUNCTION AS DESCRIBED, WILL BE UNINTERRUPTED OR ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT THE DATA YOU STORE BY USING THE SOFTWARE WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM ZERTO OR FROM ANY THIRD PARTY OR THROUGH THE SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU UNDERSTAND AND AGREE THAT YOU USE THE SOFTWARE, AND ALL THIRD PARTY SOFTWARE OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE, AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SOFTWARE AND SUCH THIRD PARTY SOFTWARE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. THIS SECTION CONSTITUTES A CONTRACT FOR THE BENEFIT OF EACH OF ZERTO’S LICENSORS, AFFILIATES, EMPLOYEES OR CONSULTANTS.

8.                             Limitation of Liability

NEITHER ZERTO NOR ANY OF ITS LICENSORS, AFFILIATES, EMPLOYEES OR CONSULTANTS SHALL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SOFTWARE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; OR (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT. IN ANY CASE AND WITHOUT DEROGATING FROM THE ABOVE, THE AGGREGATE LIABILITY OF ZERTO (OR ANY OF ITS LICENSORS, AFFILIATES, EMPLOYEES OR CONSULTANTS) UNDER THIS AGREEMENT OR ANY APPLICABLE TORT LAW SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO ZERTO FOR THE SOFTWARE. THE SOFTWARE IS NOT INTENDED FOR USE IN CONNECTION WITH ANY INHERENTLY DANGEROUS APPLICATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THIS SECTION CONSTITUTES A CONTRACT FOR THE BENEFIT OF EACH OF ZERTO’S LICENSORS, AFFILIATES, EMPLOYEES OR CONSULTANTS.

9.                             Indemnification

9.1                       You shall indemnify, defend and hold Zerto, its affiliates and licensors, each of its and their business partners and each of its and their respective employees, officers, directors and representatives, harmless from and against any and all claims, losses, damages, liabilities, judgments, penalties, fines, costs and expenses (including reasonable attorneys fees), arising out of or in connection with any claim arising out of (i) Your use of the Software in a manner not authorized by this Agreement, and/or in violation of the applicable restrictions and/or applicable law, (ii) Your violation of any term or condition of this Agreement or any applicable additional policies, or (iii) Your or Your employees’ or personnel’s negligence or willful misconduct.

9.2                       Zerto shall promptly notify You of any claim subject to indemnification; provided that Zerto’s failure to do so shall not affect Your obligations hereunder, except to the extent that Zerto’s failure to promptly notify You materially delays or prejudices Your ability to defend the claim. At Zerto’s option, You will have the right to defend against any such claim with counsel of Your own choosing (subject to Zerto’s written consent) and to settle such claim as You deem appropriate, provided that You shall not enter into any settlement without Zerto’s prior written consent and provided that Zerto may, at any time, elect to take over control of the defense and settlement of the claim.

10.                       Miscellaneous Provisions

10.1                  You may not use or otherwise export or reexport the Software except as authorized byUnited Stateslaw and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re- exported (a) into anyU.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 Software, 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 these products for any purposes prohibited byUnited Stateslaw, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

10.2                 This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, if the license was purchased from Zerto, Inc. or its authorized reseller, or with the laws of the State of Israel, if the license was purchased from Zerto Ltd. or its authorized reseller, without giving effect to any conflict of laws and provisions that would require the application of the laws of any other jurisdiction. The parties hereby expressly reject any application to this Agreement of (a) the United Nations Convention on Contracts for the International Sale of Goods; and (b) the 1974 Convention on the Limitation Period in the International Sale of Goods, as amended by that certain Protocol, done atViennaonApril 11, 1980.

10.3                 All disputes arising out of this Agreement will be subject to the exclusive jurisdiction of the competent courts located in Boston, Massachusetts, if the license was purchased from Zerto, Inc. or its authorized reseller, or of the competent courts located in Tel Aviv, Israel, if the license was purchased from Zerto Ltd. or its authorized reseller, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts, except that nothing will prohibit Zerto from instituting an action in any court of competent jurisdiction to obtain injunctive relief or protect or enforce its intellectual property rights.

10.4                 The Software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of theUnited States.

10.5                 The failure of Zerto to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect.

10.6                 This Agreement constitutes the entire agreement between Zerto and You with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Zerto.

10.7                 You may not assign or transfer any of Your rights or obligations under this Agreement to a third party without the prior written consent of Zerto. Zerto may freely assign this Agreement (including theSLA). Any attempted assignment or transfer in violation of the foregoing will be void.

10.8                 If, for any reason, a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be invalid or unenforceable, such provision of the Agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. The Parties agree to negotiate in good faith an enforceable substitute provision for any invalid or unenforceable provision that most nearly achieves the intent and economic effect of such provision.

 

Annex A

Service Level Agreement

 1.                             Zerto Support Services

1.1                       Subject to proper payment to Zerto and Your compliance with the terms and conditions of this SLA and other agreements with Zerto by which You are bound, Zerto shall make commercially reasonable efforts to provide You with basic service packs for fixes of problems in Zerto’s Software (the “Zerto Support Services“). Zerto shall have the right to modify the Zerto Support Services at any time with reasonable notice to You.

1.2                       The Zerto Support Services shall be provided, directly over email or by telephone, during the days and hours set forth in a separate Zerto quote or purchase order accepted by Zerto. Submission and process of email queries shall be subject to guidelines which may be made available from time to time by Zerto. English shall be the language used for Zerto’s support communication.

1.3                       For the avoidance of doubt, Zerto Support Services do not include enhancements, new features or new releases of Zerto’s Software.

1.4                       Zerto shall not be liable for the performance of its obligations under this SLAif it becomes commercially impracticable to perform due to any Force Majeure. “Force Majeure” shall mean any cause not reasonably within Zerto’s control, including, without limitation, acts of God and the public enemy, sabotage, boycotts, disruptions of transportation facilities, inability to obtain supplies or materials, acts of government or judicial action, labor disputes or power disruptions, and problems with the Internet.

1.5                       Zerto shall have no obligation to provide You with the Zerto Support Services with regard to: (i) The Software, or any part, portion or module thereof which has been modified, disassembled, decompiled, reverse compiled, reverse assembled, reverse engineered or otherwise altered or modified by any party whatsoever without Zerto’s prior written consent; (ii) errors caused due to malfunction of the operating environment, or causes external to the Software; (iii) the use by You of a version of the Software that is older than the latest two (2) previous sequential releases; (iv) the correction of errors and/or corrupted or lost data as a result of Your negligence or inappropriate use of the Software or the use of the Software not in accordance with the documentation accompanies to the Software; (v) the correction of errors caused by the use of the Software in combination with any other software not originally intended to be used together.

2.                             Consideration

2.1                       The consideration for the Zerto Support Services shall be as set forth in Zerto quote accepted by You or by Your Zerto authorized reseller. Unless explicitly provided otherwise in this SLA or in such quote, such consideration is non-refundable.

2.2                       You are responsible for payment of all taxes of every kind imposed in connection with the rendering of the Zerto Support Services to You or which Zerto may incur in respect of this SLA (except for taxes imposed on Zerto’ net income) and any penalties, interest and collection or withholding costs associated with any of the foregoing items.    All such amounts are in addition to other amounts payable hereunder.    If You are required to withhold any taxes or fees from amounts due to Zertos under thisSLA, then You agree to increase the payment to Zerto so that, after payment of all taxes and fees, You will have paid to Zerto the total amount due to Zerto as if no  taxes or fees were withheld.    You may provide Zerto with a tax exemption certificate acceptable to the taxing authorities in lieu of paying certain taxes; however, You shall reimburse Zerto for any fines, penalties, taxes and other charges, including expenses incurred by Zerto, due to Your submission of invalid information.

3.                             Term and Termination

3.1                       This SLA will enter into effect on the date on which this Agreement is accepted by You, and shall remain in effect for the period set forth in Zerto quote accepted by You or by Your Zerto’s authorized reseller, unless terminated earlier pursuant to the terms hereof.

3.2                       Zerto shall be entitled to terminate thisSLAat any time and for any reason by providing You with a 30 days prior written notice. Upon Zerto’s termination of this SLA, You shall not be entitled to any compensation, reimbursement or damages of any kind, except that Zerto shall repay to You the respective portion of the consideration paid by you in advance for the Zerto Support Services, if any, to the extent Zerto’s termination is not due to Your breach of this SLA, any other agreement between Zerto and You, or any applicable law.

3.3                       You shall be entitled to terminate thisSLAat any time and for any reason by providing Zerto with a 30 days prior written notice. You shall not be entitled to any refund of any amount paid by you to Zerto.

3.4                       The provisions of thisSLA, other than Section ”Ž1, shall survive termination or expiration for any reason.

4.                             Limitation of Liability

NEITHER ZERTO NOR ANY OF ITS LICENSORS, AFFILIATES, EMPLOYEES OR CONSULTANTS SHALL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) IN CONNECTION WITH THISSLA. IN ANY CASE AND WITHOUT DEROGARING FROM THE ABOVE, THE AGGREGATE LIABILITY OF ZERTO OR ZERTO’S LICENSORS, AFFILIATES, EMPLOYEES OR CONSULTANTS UNDER THIS SLA OR ANY APPLICABLE TORT LAW SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO ZERTO FOR ZERTO SUPPORT SERVICES. THIS SECTION CONSTITUTES A CONTRACT FOR THE BENEFIT OF EACH OF ZERTO’S LICENSORS, AFFILIATES, EMPLOYEES OR CONSULTANTS.

5.                             Warranty Disclaimers  

ZERTO MAKES NO WARRANTIES WITH RESPECT TO ANY MATTER AND DISCLAIMS ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE AND ANY WARRANTIES OF NONINFRINGEMENT.

 

Annex B

Open Source Software

1. 1.           Debian Linux

http://www.gnu.org/licenses/gpl.html

http://www.gnu.org/licenses/lgpl.html

Copyright © 2007 Free Software Foundation, Inc.

This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 3 of the License, or (at your option) any later version. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details. For more information, see <http://www.gnu.org/licenses>. To obtain the source code for the software subject to the terms of the corresponding license agreement, send a request by email to info@zerto.com.

http://www.gnu.org/licenses/old-licenses/lgpl-2.0.html

Copyright © 1991 Free Software Foundation, Inc.

This library is free software; you can redistribute it and/or modify it under the terms of the GNU Library General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version. This library is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.   See the GNU Library General Public License for more details. To obtain the source code for the software subject to the terms of the corresponding license agreement, send a request by email to info@zerto.com.

http://www.debian.org/misc/bsd.license

THIS SOFTWARE IS PROVIDED BY THE AUTHOR “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. To obtain the source code for the software subject to the terms of the corresponding license agreement, send a request by email to info@zerto.com.

  1. 2.           Nlog

http://www.opensource.org/licenses/bsd-license.php

Copyright ©   1998 Regents of the University of California

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. To obtain the source code for the software subject to the terms of the corresponding license agreement, send a request by email to info@zerto.com.

  1. 3.           Dotnetzip

http://dotnetzip.codeplex.com/license

Copyright © 2006-2012 Microsoft

The software is licensed “as-is.” You bear the risk of using it. The contributors give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this license cannot change. To the extent permitted under your local laws, the contributors exclude the implied warranties of merchantability, fitness for a particular purpose and non-infringement. To obtain the source code for the software subject to the terms of the corresponding license agreement, send a request by email to info@zerto.com.

  1. 4.           Nhibernate

http://www.gnu.org/copyleft/lesser.html

Copyright © 2007 Free Software Foundation, Inc.

This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 3 of the License, or (at your option) any later version. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details. For more information, see <http://www.gnu.org/licenses>. To obtain the source code for the software subject to the terms of the corresponding license agreement, send a request by email to info@zerto.com.

 

  1. 5.           SQL Server Compact

http://archive.msdn.microsoft.com/ssce/Project/License.aspx

Copyright © 2008 Microsoft Corporation

The software is licensed “as-is.” You bear the risk of using it. No express warranties, guarantees or conditions are provided. To the extent permitted under your local laws, the implied warranties of merchantability, fitness for a particular purpose and non-infringement are excluded. To obtain the source code for the software subject to the terms of the corresponding license agreement, send a request by email to info@zerto.com.

  1. 6.           PDF Sharp

http://www.pdfsharp.net/PDFsharp_License.ashx

Copyright (c) 2005-2012 empira Software GmbH, Cologne (Germany)

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT
HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR
OTHER DEALINGS IN THE SOFTWARE. To obtain the source code for the software subject to the terms of the corresponding license agreement, send a request by email to info@zerto.com.

  1. 7.           MigraDoc

http://www.pdfsharp.net/MigraDoc_License.ashx

Copyright (c) 2005-2012 empira Software GmbH, Cologne (Germany)

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT
HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR
OTHER DEALINGS IN THE SOFTWARE. To obtain the source code for the software subject to the terms of the corresponding license agreement, send a request by email to info@zerto.com.

  1. 8.           Renci SSH (SSHdotnet)

http://sshnet.codeplex.com/license

Copyright (c) 2010, RENCI

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. To obtain the source code for the software subject to the terms of the corresponding license agreement, send a request by email to info@zerto.com.

  1. 9.           Plink

http://www.chiark.greenend.org.uk/~sgtatham/putty/licence.html

PuTTY is copyright 1997-2012 Simon Tatham.

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL SIMON TATHAM BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. To obtain the source code for the software subject to the terms of the corresponding license agreement, send a request by email to info@zerto.com.

  1. 10.     SharpSetup

http://sharpsetup.eu/index.php?option=com_content&view=article&id=62&Itemid=56

  1. 11.     Unity

http://unity3d.com/unity/unity-end-user-license-3.x

Copyright © 2012 Unity Technologies

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. UNITY AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM UNITY OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. To obtain the source code for the software subject to the terms of the corresponding license agreement, send a request by email to info@zerto.com.

 

  1. 12.     Wix

http://wix.codeplex.com/license

THE PROGRAM IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks associated with its exercise of rights under this Agreement, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. To obtain the source code for the software subject to the terms of the corresponding license agreement, send a request by email to info@zerto.com.

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