END-USER LICENSE AGREEMENT

Enactment Date: January 1, 2023

This End-User License Agreement (hereinafter referred to as this "Agreement") is a legally binding contract between you (the "Licensee", "you", or "your") and Progressive Bytes (the "Licensor", "we", "us", or "our") and governs your use of ZipXPS (the "Product"). You agree that this Agreement is enforceable like any written negotiated agreement signed by you.

1. General Terms

The Product refers to any hardware, software, or other component provided to you as all or part of ZipXPS, including but not limited to, executables, source and object code files, installers, uninstallers, documents, images, icons, media data, fonts, content, data, and other files, including any updates or upgrades, provided that the respective component is protected by a copyright held by the Licensor.

If your use of a particular component of the Product is governed by another license (which will be provided with the component), then that license shall supersede the terms and conditions of this Agreement.

The Product excludes all components for which the Licensor does not hold the copyright. These components are not governed by this Agreement. If the use of any such component is subject to another license, e.g., an open-source license, then that license will be provided with the respective component if mandated by the license.

2. Acceptance of Agreement

By downloading, installing, or otherwise using the Product, you agree to be bound by the terms and conditions set forth in this Agreement.

If you do not have the authority to enter into this Agreement or you do not agree with its terms and conditions, you may not download, install, or otherwise use the Product.

3. License Grant

3.1. Permitted Use

We hereby grant you a personal ("single-user"), non-exclusive, non-transferable, revocable license to use the Product in accordance with the terms and conditions of this Agreement provided that either you (if you are an individual) or a single designated individual in your organization (if you are an entity) will be the only user of the Product in terms of this Agreement.

You are permitted to install and use the Product on multiple devices as long as all those instances of the Product are used exclusively by the single individual permitted by this Agreement and/or other individuals permitted to use the Product by their written agreements with us.

3.2. Limitations of Use

You may not use the Product to design, develop, manufacture, sell, or license hardware, software, or other products without our prior written consent.

You are not permitted to sell, rent, lease, lend, trade, transfer, sublicense, or distribute all or a part of the Product without our prior written permission.

Except when expressly permitted by us or applicable law, you must not, nor allow any other person to copy, reverse engineer, decompile, disassemble, or create derivatives of the Product. In addition to that, you must not, nor allow others to, decode or modify the Product or any part of it or the services that it provides.

You may only use the Product in compliance with your local legislation and any national and international laws and agreements that apply to you. Any other use of the Product is not permitted by this Agreement.

4. Reservation of Rights

The Product is protected by national and international laws, copyright treaties and conventions, and other laws. The Licensor owns and retains all rights and titles to the Product and reserves any other rights not expressly granted to you by this Agreement.

5. Warranty Disclaimer

YOU EXPRESSLY ACKNOWLEDGE THAT THE USE OF THE PRODUCT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE LICENSOR DOES NOT MAKE AND HEREBY DISCLAIMS ANY GUARANTEES, CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED OR STATUTORY OR OTHER TERMS INCLUDING AS TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY, OR SECURITY; (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. THE LICENSOR DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT.

6. Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE LICENSOR SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE PRODUCT, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS, OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PRODUCT, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, OR OTHERWISE, WHETHER OR NOT THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE LICENSOR’S LIABILITY FOR ALL DAMAGES SHALL NOT (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE PRODUCT.

7. Termination of Agreement

You may terminate this Agreement at any time by permanently deleting, destroying, and returning, at your own cost, all the Product, all backup copies, and all related materials provided by us that are governed by this Agreement.

The Licensor may terminate this Agreement at any time without notice if you fail to comply with any terms or conditions of this Agreement. Once this Agreement has been terminated, you must stop using the Product and delete all the Product, all backup copies, and all related materials already copied and/or installed on your devices immediately.

Sections 5, 6, and 8 shall remain effective after the termination of this Agreement.

8. Governing Law

This Agreement is entered in the Federal Republic of Germany and shall be governed by, and construed in accordance with, the laws of the Federal Republic of Germany, exclusive of its choice of law rules. For any disputes not subject to binding individual arbitration, you and the Licensor agree to submit to the exclusive jurisdiction of the Federal Republic of Germany and its courts, and to waive any jurisdictional, venue, or inconvenient forum objections to such courts.

If any provision of this Agreement is declared unenforceable in any jurisdiction, then such provision shall be deemed to be severable from this Agreement and shall not affect the remainder thereof.

9. Contact Information

If you have questions related to this Agreement, please contact us by email at support@zipxps.com.