APA zones License Agreement:

Single User License Grant: APA Zones and its suppliers grant to Customer (“Customer”) a nonexclusive and nontransferable license to use the APAzones software (“Software”) in object code form solely on a single central processing unit owned or leased by Customer or otherwise embedded in equipment provided by APA Zones.
Customer may make one (1) archival copy of the Software provided Customer affixes to such copy all copyright, confidentiality, and proprietary notices that appear on the original.EXCEPT AS EXPRESSLY AUTHORIZED ABOVE, CUSTOMER SHALL NOT: COPY, IN WHOLE OR IN PART, SOFTWARE OR DOCUMENTATION; MODIFY THE SOFTWARE; REVERSE COMPILE OR REVERSE ASSEMBLE ALL OR ANY PORTION OF THE SOFTWARE; OR RENT, LEASE, DISTRIBUTE, SELL, OR CREATE DERIVATIVE WORKS OF THE SOFTWARE.Customer agrees that aspects of the licensed materials, including the specific design and structure of individual programs, constitute trade secrets and/or copyrighted material of APA Zones. Customer agrees not to disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of APA Zones.  Customer agrees to implement reasonable security measures to protect such trade secrets and copyrighted material. Title to Software and documentation shall remain solely with APA Zones.LIMITED WARRANTY.  APA Zones warrants that for a period of ninety (30) days from the date of shipment from APA Zones:  (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software substantially conforms to its published specifications. Except for the foregoing, the Software is provided AS IS. This limited warranty extends only to Customer as the original licensee. Customer’s exclusive remedy and the entire liability of APA Zones and its suppliers under this limited warranty will be, at APA Zones or its service center’s option, repair, replacement, or refund of the Software if reported (or, upon request, returned) to the party supplying the Software to Customer. In no event does APA Zones warrant that the Software is error free or that Customer will be able to operate the Software without problems or interruptions.This warranty does not apply if the software (a) has been altered, except by APA Zones,  (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by APA Zones,  (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (d) is used in ultrahazardous activities.DISCLAIMER. EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.IN NO EVENT WILL APA Zones OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF APA Zones OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall APA Zones’s or its suppliers’ liability to Customer, whether in contract, tort (including negligence), or otherwise, exceed the price paid by Customer. The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose. SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.

Software Subscription and License Agreement*

SUBSCRIPTION TO THIS SOFTWARE IS SUBJECT TO THE TERMS SET FORTH BELOW, INCLUDING BUT NOT LIMITED TO FEES, TERM OF AGREEMENT, SOFTWARE LICENSE TERMS, TERMS OF USE, CUSTOMER REPRESENTATIONS AND WARRANTY STATEMENT.  1. DEFINITIONS a. “Software” means  APA Zones Software also know as APAzones with the current functionality provided by APA Zones. It also includes any accompanying instructions, documentation, technical data, images, and other related materials. b. “Use” means storing, loading, installing, executing, or displaying the Software on a single device, and use of the Software by way of APA Zones’s server. c. “Product” means the downloadable Software product and its documentation as built at the time of the download. d. “License” means the Software license grant and general license terms set forth herein. e. “Terms of Use” means any and all prohibitions and restrictions on Use, including any activities engaged in by way of APA Zones.’s server. f. “Term of Agreement” means the  period from the date a subscription is purchased to the date of termination by either the user or APA Zones. g. “Subscriber” (sometimes referred to as “you”) means the individual or entity who purchases the subscription under this Agreement. h. “Customer” means Subscriber and any entity or individual who Uses the Software through Subscriber’s subscription. i. “This Agreement” means this entire Software Subscription and License Agreement. j. “Reissue” means a product similar to the original Product downloaded, but updated to include those features and fixes that are included in the current release. k. “Upgrade” means a new release of the Product that includes a substantial new facility or capability. 2. SUBSCRIPTION TERMS a. As part of this subscription, Subscriber receives a License as described below. APA Zones will provide updates to the Software, such as correction of “bugs” and certain limited improvements to existing functionality of the Software as APA Zones may choose to provide. The subscription does not automatically include the right to receive any Upgrades, Reissues or new product releases by APA Zones. APA Zones will in its own discretion determine whether and on what terms any Upgrade, Reissue or new product release will be made available to existing Subscribers. b. The subscription entitles Customer to receive limited support as posted at www.APA Zones.com at the time this Agreement becomes effective. c. APA Zones charges a weekly fee of $30.00 monthly fee of $99.00 or an annual fee of $1000.00 for the Subscription. If you purchase this subscription, you are authorizing APA Zones to immediately bill your credit card for the first monthly or annual fee and to bill your credit card each month or year thereafter in approximately 30 day or 365 day intervals. If for any reason any of our charges for these fees are rejected or refused by your credit card issuer, this Agreement and your subscription and license to Use the Software will automatically terminate without notice. It is your sole responsibility to ensure that payment is made and to notify APA Zones (via [email protected] Zones.com) of any different billing instructions if you cancel or wish to change the credit card for our billing purposes. d. APA Zones will discontinue billing your credit card for any months (or years) after the month (or year) in which termination occurred. We will not pro-rate or refund any fees paid for the month (or year) in which termination occurred. e. APA Zones may terminate the subscription and Software License immediately without prior notice for failure to comply with any terms of this Agreement, including Software License terms or Terms of Use. Immediately upon termination, Customer will no longer have any right to Use the Software. f. Subscriber may not assign or transfer this Agreement. Any such attempted assignment or transfer will be null and void. APA Zones may terminate this Agreement in the event of any such attempted assignment or transfer. g. By accepting this Agreement and purchasing this Subscription, Subscriber represents and warrants that, if a natural person, Subscriber is at least 18 years of age and/or is otherwise legally able to enter into a binding contract. h. Cancellation may be effected by following the procedures posted on our Web Site (www.APA Zones.com) at the time you wish to cancel. 3. LICENSE GRANT AND TERMS a. During the Term of Agreement, subject to continuing payment of monthly fees as set forth herein and to compliance with Terms of Use and the Software License, Subscriber will have a license that entitles a single user to download and Use the Software. If Subscriber allows another individual to download or Use the Software, Subscriber will be liable for compliance with this Agreement, and for any violations by that user of the Terms of Use or Software License. b. The Software is owned, patented and copyrighted by APA Zones or by third party suppliers. The Software License confers no title or ownership and is not a sale of any rights in the Software. Customer is granted only the right to Use the Software without right of sublicense. c. Customer must retain all patent, copyright notices and other proprietary legends in or on the original Software. Customer may not remove from the Software, or alter, any of the APA Zones trademarks, trade names, logos, patent or copyright notices or markings, or add any other notices or markings to the Software. Customer may not copy the Software onto any public or distributed network. d. Customer may not modify, reverse engineer, disassemble, decompile or otherwise attempt to access or determine the source code of the Software, copy, reproduce or distribute the Software in any way in whole or in part or create any derivative work based on the Software. Any use of these materials on any other website or networked computer environment for any purpose is prohibited. The Software is copyrighted and any unauthorized use of it is prohibited. If Customer breaches breach any of these terms, the License to Use the Software automatically terminates and Customer must immediately destroy any downloaded or printed materials. e. Customer may not export or re-export this software or any copy or adaptation in violation of any applicable laws or regulations. f. Customer agrees that Software contains proprietary information including trade secrets, know how and confidential information that is the exclusive property of APA Zones. During the period this Agreement is in effect and at all times after its termination, Customer and its employees and agents shall maintain the confidentiality of this information and not sell, license, publish, display, distribute, disclose or otherwise make available this information to any third party nor use such proprietary information concerning the Software, including any flow charts, logic diagrams, user manuals and screens, to persons not an employee of Customer without the prior written consent of APA Zones. 4. DISCLAIMERS AND LIMITATIONS a. TO THE EXTENT ALLOWED BY LAW, THIS SOFTWARE AND THE ACCESS TO OUR SERVER ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, APA Zones SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT, TITLE, ACCURACY OF INFORMATIONAL CONTENT, AND FITNESS FOR A PARTICULAR PURPOSE, THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APA Zones. OR APA Zones.’s AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. APA Zones DOES NOT REPRESENT THAT ITS SERVER WILL BE AVAILABLE AT ALL TIMES OR WILL BE FUNCTIONING PROPERLY WHEN YOU OR OTHERS WISH TO ACCESS THE FUNCTIONALITY OF THE SOFTWARE. OUR SERVER IT MAY BE UNAVAILABLE AT TIMES FOR MAINTENANCE OR FOR A VARIETY OF OTHER REASONS. WE ARE NOT LIABLE TO YOU FOR ANY PERIODS OF UNAVAILABILITY AND YOU WILL NOT BE ENTITLED TO ANY REFUNDS FOR THOSE PERIODS WHEN THE SERVER IS NOT AVAILABLE OR IS NOT FUNCTIONING PROPERLY. Some jurisdictions do not allow exclusions of implied warranties or conditions, so the above exclusion may not apply to you to the extent prohibited by applicable laws. b. EXCEPT TO THE EXTENT PROHIBITED BY LAW, IN NO EVENT WILL APA Zones OR ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR SUPPLIERS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING LOST PROFIT, LOST DATA, OR DOWNTIME COSTS), ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SOFTWARE, WHETHER BASED IN WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, AND WHETHER OR NOT APA Zones WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APA Zones.’s and its suppliers’ entire liability and your exclusive remedy shall be, at APA Zones’s option from time to time exercised subject to applicable law, (a) return of the price paid (if any) for the Product, or (b) repair or replacement of the Product. c. NOTE, EXCEPT TO THE EXTENT ALLOWED BY LOCAL LAW, THESE WARRANTY TERMS DO NOT EXCLUDE, RESTRICT OR MODIFY, AND ARE IN ADDITION TO, THE MANDATORY STATUTORY RIGHTS APPLICABLE TO THE LICENSE OF THE SOFTWARE TO YOU; PROVIDED, HOWEVER, THAT THE CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS SPECIFICALLY DISCLAIMED AND SHALL NOT GOVERN OR APPLY TO THE SOFTWARE PROVIDED IN CONNECTION WITH THIS WARRANTY STATEMENT. d. APA Zones DOES NOT PROMISE THAT THE SOFTWARE WILL FUNCTION ON OR BE COMPATIBLE WITH YOUR DEVICE. APA Zones DOES NOT PROMISE OR WARRANT THAT YOUR DEVICE WILL BE COMPATIBLE WITH THE FUNCTIONALITY AVAILABLE THROUGH OUR SERVER. IT IS CUSTOMER’S SOLE RESPONSIBILITY TO ENSURE THAT CUSTOMER’S DEVICE AND INTERNET ACCESS ARE COMPATIBLE WITH THE SOFTWARE AND THE SERVER FUNCTIONALITY. 5. TERMS OF USE a. As a condition of Use of the Software, Customer may not Use the Software for any purpose that is unlawful or prohibited by these Terms of Use. We reserve the right to suspend or terminate this Subscription if the Software is used for an unauthorized purpose. b. Customer agrees not to use the Software or the Subscription to interfere with or disrupt servers or networks connected to the Software. 6. GENERAL PROVISIONS a. This Agreement and any disputes arising hereunder shall be governed by the laws of the United States of America without regard to conflicts of laws principles. Customer hereby expressly consents to the jurisdiction and venue in Long Beach, California over any disputes arising from or related in any manner to this Agreement. The parties hereby expressly exclude the application of the U.N. Convention on Contracts for the International Sale of Goods to the Agreement. b. If any term or provision herein is determined to be illegal or unenforceable, the validity or enforceability of the remainder of the terms or provisions herein will remain in full force and effect. Failure or delay in enforcing any right or provision of this Agreement shall not be deemed a waiver of such right or provision with respect to any subsequent breach. Provisions herein which by their nature extend beyond the termination of any license of Software will remain in effect until fulfilled. c. This Agreement is the final, complete and exclusive agreement between the parties relating to the subject matter hereof, and supersedes any previous communications, representations or agreements between the parties, whether oral or written, regarding transactions hereunder. Customer’s additional or different terms and conditions will not apply. This Agreement may not be changed except by an amendment signed by an authorized representative of each party.