This license is a legal Agreement between you and Zakon Group LLC for use of the OpenConf Software (the "Software").  By downloading or installing OpenConf or any OpenConf modules you agree to be bound by the terms and conditions of this license.  Zakon Group LLC reserves the right to alter this agreement at any time, for any reason, without notice.

PERMITTED USE

- Community License: The Community License permits installation of the Software on your own web site and if no payment is made or received in connection with the Software or related services.  No support is included.  If you need assistance from Zakon Group LLC or a third party to install, host, customize, or administer the Software, or you wish to provide such services to others, an OpenConf License must first be purchased for each installation.

- Plus and Professional Licenses: Upon payment of the license fee to and issuance of the license by Zakon Group LLC, a single installation of the licensed Software with embedded license key may be made by the licensee or its designated agent.  One license grants the right to perform one installation of the Software to be used for the entity the license was purchased for.  Each additional installation of the Software requires an additional purchased license.  An entity is defined as constituting a single submission cycle such as for one event date or journal volume.  Recurring entities, such as annual events or journals, or ones with parallel submissions, such as separately-managed event tracks or journal volumes, require a license for each instance.  Components of the Plus and Professional Edition Software may not be copied to other installations, whether they are licensed or not.  New submissions may not be accepted after a license has expired.

RESTRICTIONS

Unless you have been granted prior, written consent from Zakon Group LLC, you may not:

- Sublicense, resell, rent, lease, distribute, market, commercialize or otherwise transfer rights or usage to: (a) the Software, (b) any modified version or derivative work of the Software, (c) any software, either modified or not, licensed under an OpenConf License, for any purpose, or (d) any translation of the Software or its components;

- Remove or alter any copyright, trademark or proprietary notice in the Software;

- Change, disable, or circumvent any part of the Software marked as not to be modified.

DISPLAY OF LOGOS AND TRADEMARKS

By using the Software, you grant Zakon Group LLC the non-exclusive right to display your organization's logos, trademarks, and trade names so that Zakon Group LLC may refer to your organization as a user of the Software should Zakon Group LLC desire, such as on Zakon Group LLC and OpenConf websites and marketing materials.

EXPORT CONTROL

The export and re-export of Zakon Group software products are controlled by the United States Export Administration Regulations and such software may not be exported or re-exported to Cuba, Iran, North Korea, Sudan, Syria, or any country to which the United States embargoes goods. In addition, Zakon Group software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. By downloading or using a Zakon Group software product you are certifying that you are in compliance with these policies.

INDEMNITY

You agree to indemnify and hold harmless Zakon Group LLC for any third-party claims, actions or suits, as well as any related expenses, liabilities, damages, settlements or fees arising from your use or misuse of the Software, or a violation of any terms of this license.

TERMINATION

Zakon Group LLC may at its discretion terminate this Agreement or access to the Software licensed under this Agreement immediately and without notice if you fail to comply with any term or condition of the License or this Agreement.  Upon such termination, you must immediately cease using the Software, and destroy all complete and partial copies of the Software.

DISCLAIMER OF WARRANTY

THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.  FURTHER, ZAKON GROUP LLC DOES NOT WARRANT THAT THE SOFTWARE OR ANY RELATED SERVICE WILL ALWAYS BE AVAILABLE.

LIMITATIONS OF LIABILITY

YOU ASSUME ALL RISK ASSOCIATED WITH THE INSTALLATION AND USE OF THE SOFTWARE.  IN NO EVENT SHALL ZAKON GROUP LLC 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.

GENERAL

If you use the Software from outside the United States, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries.  This Agreement will be governed by New Hampshire law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction.  The parties agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) is specifically excluded from application to this Agreement. You shall bring all disputes, actions, claims, or causes of action related to these terms or in connection with this Software only in the federal and state courts located in Carroll County, New Hampshire. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Zakon Group LLC to enforce any right or provision in these terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Zakon Group LLC in writing.

Revised on: 20 November 2019
