5-Star ZDNet, 5-Cows Tucows, 5-Dog Tucows. This is world-class software. Ziata! is the first OOD (object oriented data) database, with core workflow modules. Complete information management using OOD data objects with data inheritance (we invented OOD); Take integrated telephone messages using the E-MSG! electronic telephone pad with e-mail messages; The E-MSG! electronic telephone pad is the front-end for your core database (every time a person calls, your core database is updated); Electronically track the in/out status of your staff and create automated integrated find-me exceptions; Business teams can deposit automated messages to potential callers to coordinate activities; Track your library books, files, documents and clients/customers/students/patients; Computer-generated automated e-mail notices for to-do items, which can be sent over the Internet to clients/customers/students/patients; Send automated integrated mass electronic mailings with a touch of a button. An entirely new concept in workgroup data management. There's nothing like it! Revolutionary, not just evolutionary.
VERSION HISTORY
- Version 6.1.0.1 posted on 2002-09-16
Additional Functionality
Program Details
- Category: Business > Other
- Publisher: Ziata! Solutions, L.L.C.
- License: Free Trial
- Price: N/A
- Version: 6.1.0.1
- Platform: windows
EULA
End-User License Agreement (license.txt 9/1/2001) Copyright 1998, 2002 Ziata! Solutions, L.L.C. All rights reserved. www.ziata.com [email protected] 412-765-0490 Ziata! Solutions, L.L.C. (Ziata! Solutions) and you (the Licensee), intending to be legally bound hereby, agree as follows: 1. ENTIRE AGREEMENT. Licensee acknowledges having read this agreement and understands that this agreement (this Agreement) is the final, complete and exclusive statement of the entire agreement between Ziata! Solutions and Licensee. This Agreement supersedes any prior and contemporaneous proposals, licenses, representations, purchase orders, and all other communications arising from or related to the Software (as hereafter defined), whether oral or written. Sales agents, distributors and other representatives of Ziata! Solutions have no authority to orally modify this Agreement. No terms or conditions, other than those contained in this Agreement, and no other agreement or understanding which in any way modifies or changes the terms or conditions hereof or otherwise relates to the Software, shall be binding unless made by a written agreement executed by duly authorized representative of each party, or as accepted by Licensee during installation routine of this or any upgrade/update of the Software. 2. DEFINITIONS. a) Software means the version of the machine-readable computer software provided on the date hereof (and as the same may be revised by Ziata! Solutions from time- to-time, including, but not limited to maintenance releases, updates and upgrades), in compiled object code binary format executable by a computer (including any associated dynamic link libraries, database engines), and the related database files. b) Documentation means any version of the user manual, any technical and support documentation, and related distribution documents supplied by Ziata! Solutions relating to the Software supplied by Ziata! Solutions. c) Spamming means unsolicited mass electronic mail to addressees with which the Licensee has no prior relationship, and as more fully defined in the computer industry among Internet Service Providers. d) Registered Version means a version that is identified in the Software Help-About box as Registered and for which the required fee has been paid to Ziata! Solutions for the number of Users licensed and having access to use the Software. e) Unregistered Version means any version of the Software that is not a Registered Version. f) Help-About means selecting the menu item of Software labeled as Help, then selecting About, and scrolling as may be necessary to obtain the information begin referenced with use of such term. 3. LICENSE. Subject always to the limitations set forth in this Agreement, Ziata! Solutions hereby grants Licensee during the term: FOR AN UNREGISTERED VERSION: A royalty-free, personal, non-exclusive and non-transferable license to use the Software and any Documentation, for the number of Users identified in the Software as distributed and installed; and b) the right to transfer the Software in its original condition in the same form received by Licensee with all associated files in the original compressed self-extracting archive file (consistent with the shareware concept of distribution), provided that Licensee reasonably believes that Licensee received such Software and associated files in an unadulterated, unpirated condition. FOR A REGISTERED VERSION: A royalty-free, personal, non-exclusive and non-transferable license to use the Software and any Documentation, for the number of Users and for the modules to the extent identified in the Software and registered by Licensee. FOR ALL VERSIONS: THE SOFTWARE CONTAINS FUNCTIONALITY FOR UNLIMITED MASS ELECTRONIC MAILINGS; NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, SUCH FUNCTIONALITY SHALL NOT BE USED FOR SPAMMING, SUBJECT TO IMMEDIATE TERMINATION OF THE LICENSE, PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF AND ANY OTHER RELIEF AFFORDED TO ZIATA! SOLUTIONS IN THIS AGREEMENT. UPON RECEIPT BY ZIATA! SOLUTIONS OF TWO (2) SPAMMING COMPLAINTS, SPAMMING SHALL BE DEEMED TO HAVE OCCURRED IN ZIATA! SOLUTIONS' SOLE DISCRETION. All right, title and interest to the Software and the Documentation are, and shall remain at all times, exclusively in Ziata! Solutions, except that certain database engine files are the property of Inprise Corporation, and certain images are the property of WordPerfect Corp., which are distributed pursuant to a license. Licensee is not entitled to maintenance fixes, updates or upgrades of this product, unless Licensee is the user of a Registered Version and has paid for the support program specifically entitling Licensee to the same. Licensee shall not alter (except to modify, add and delete data in the data base files exclusively through use of the Software), assign, create derivative works, copy or transfer (except transfers to the limited extent expressly provided in this Section 3), decompile, disclose, lease, market, publish, reverse engineer or sublicense in any way the Software or Documentation. Any attempt to break, or breaking of the password codes for the Software (including the data base files) or otherwise remove or alter the encryption shall be a violation of this license. Licensee has no right of access to the humanly-readable source code of the Software. IN ORDER TO PROTECT YOU AND ZIATA! SOLUTIONS, YOU AGREE TO BACKUP ALL SOFTWARE DATA AND ANY OTHER POTENTIALLY AFFECTED DATA IN SUCH A MANNER TO PREVENT DATA LOSS. IN ALL CASES OF USE, LICENSEE ASSUMES ALL RISKS OF USE. WITHOUT LIMITING THE FOREGOING, ANY PRE-RELEASE OR BETA VERSION IS, BY DEFINITION, NOT A COMPLETELY TESTED VERSION AND CONTAINS DEFICIENICIES. Ziata! Solutions here grants Licensee a limited license, during the term of the license granted to the Software, to use the term mindsaver solely as an incident to use of the Software mindsaver functionality; Licensee agrees the Ziata! Solutions is exclusive owner of such term as a trademark and/or service mark. Certain versions, releases, updates and/or upgrades of Ziata! may be unlimited, limited, free and/or special editions. Use of any of the same is permitted based upon the terms and conditions of the appurtenant license agreed to during installation thereof, and does not create an entitlement to future versions, releases, fixes, upgrades, updates or upon the same or similar terms and conditions. Licensee acknowledges that Ziata! Solutions has the right to have the Software send automated e-mail notices to Ziata! Solutions regarding the facts and circumstances of Licensee's use of the Software, with such information as determined by Ziata! Solutions. 4. TERM. The term of this Agreement shall be from the date of Licensee's receipt of the Software and shall remain in force until the earlier of: a) for any version that is identified to expire, the date that the Software expires, is intended to expire (as may be indicated in the Help-About dialog box) or is supposed to expire based upon normal operating conditions; or b) Licensee is in any breach of this Agreement. Upon the termination of the License for any reason, Licensee shall thereafter make no further use of the Software or Documentation. 5. DISCLAIMER OF WARRANTIES OR REMEDIES. a) LICENSEE SPECIFICALLY ACKNOWLEDGES THAT THE SOFTWARE AND DOCUMENTATION ARE PROVIDED TO LICENSEE SOLELY ON AN AS IS BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING BY CUSTOM OR TRADE USAGE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. ZIATA! SOLUTIONS DOES NOT REPRESENT OR WARRANT THAT ANY ENCRYPTION ROUTINES USED TO REGISTER THE SOFTWARE ARE UNBREAKABLE OR COMPLY WITH ANY INDUSTRY STANDARDS FOR ENCRYPTION. b) LICENSEE AGREES TO TAKE ALL NECESSARY PRECAUTIONS TO PREVENT ANY LOSS OF DATA, INCLUDING, BUT NOT LIMITED TO, BACKING-UP OF ALL DATA. LICENSEE SHALL VERIFY INFORMATION PRODUCED FROM THE SOFTWARE AND DOCUMENTATION WITH ANY AND ALL SOURCES NECESSARY FOR SUCH VERIFICATION, AND IF ANY SUCH INFORMATION IS DEFECTIVE, THEN LICENSEE ASSUMES THE ENTIRE RESPONSIBILITY FOR ITS USE AND CORRECTION. LICENSEE ASSUMES THE RISK OF ALL LOSS ARISING FROM OR RELATED TO THIS AGREEMENT AND SHALL HOLD ZIATA! SOLUTIONS HARMLESS FOR THE SAME. IN NO EVENT SHALL ZIATA! SOLUTIONS BE LIABLE FOR ANY OBLIGATIONS OR LIABILITIES INCLUDING WITHOUT LIMITATION LIABILITY FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY DAMAGE, OR FOR ANY CLAIM FOR THE LOSS OF PROFITS, BUSINESS OR INFORMATION, OR DAMAGE TO GOOD WILL, EVEN IF ZIATA! SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. THE BASIS OF THE BARGAIN FOR LICENSEE TO OBTAIN THE LICENSE, AND A CONDITION PRECEDENT TO OBTAINING THE SOFTWARE AND DOCUMENTATION IS FOR LICENSEE TO HEREBY SPECIFICALLY ACKNOWLEDGE AND ADMIT THAT THE DISCLAIMERS OF REMEDIES AND WARRANTIES AS STATED ABOVE, BY THE VERY NATURE OF THIS AGREEMENT ARE APPROPRIATE AND ARE NOT UNCONSCIONABLE. IN NO EVENT SHALL ZIATA! SOLUTIONS BE LIABLE FOR GREATER THAN ANY FEE PAID BY LICENSEE TO ZIATA! SOLUTIONS. c) LICENSEE SHALL INDEMNIFY AND HOLD ZIATA! SOLUTIONS HARMLESS FOR ANY BREACH BY LICENSEE OF THIS AGREEMENT, INCLUDING ATTORNEY'S FEES. ZIATA! SOLUTIONS IS ENTITLED TO A PRELIMINARY OR PERMANENT INJUNCTION OR A DECREE OF SPECIFIC PERFORMANCE IN ADDITION TO ANY OTHER REMEDY ZIATA! SOLUTIONS MAY HAVE AT LAW OR EQUITY. LICENSEE HEREBY WAIVES THE RIGHT TO ASSERT THE DEFENSE THAT AN ADEQUATE REMEDY AT LAW EXISTS TO COMPENSATE ZIATA! SOLUTIONS. ALL REMEDIES ARE CUMULATIVE. NO REPRESENTATION IS MADE THAT THE SOFTWARE AND/OR DOCUMENTATION IS ERROR-FREE, SUPPORT IS OR WILL BE AVAILABLE, OR THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. LICENSEE AGREES TO USE TEST DATA UNTIL SUCH TIME AS LICENSEE REGISTERS THE SOFTWARE. d) Nothing in this Agreement shall be deemed to create an offer by Ziata! Solutions to register all or any portion of the Software or to otherwise limit Ziata! Solutions' ability to have different purchase terms and conditions for different potential licensees or licensees of the Software. Licensee agrees that there is no offer to register the Software by anyone. Ziata! Solutions reserves the right to reject any registration even if such registration is submitted by automated Ziata! wizards or forms. Ziata! Solutions reserves the right to evaluate the potential registrant and the intended use of the Software in Ziata! Solutions' sole discretion. e) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, AND INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 6. U.S. GOVERNMENT RESTRICTED RIGHTS The Software and Documentation have been developed exclusively at private expense, and are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Ziata! Solutions is the Contractor/Manufacturer, 429 Forbes Avenue, Pittsburgh, PA 15219-1616. 7. MISCELLANEOUS PROVISIONS. Licensee means you, the user, personally, as well as your principal if you are acting in any agency capacity. If you change your legal name, you must notify Ziata! Solutions of the same so that the license code can be updated. Terms and conditions of this Agreement shall be severable, and if for any reason any term or condition is determined to be invalid, illegal or unenforceable under current or future law, such invalidity shall not impair the operation of, or otherwise effect, the valid terms and conditions of this Agreement, so long as the intent of this Agreement is maintained. This Agreement shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania (without regard to its conflict of law principles). Licensee consents to the personal jurisdiction of the Commonwealth of Pennsylvania and agrees that any legal proceedings arising out of, or relating to, this Agreement shall be conducted solely in such Commonwealth. A waiver by Ziata! Solutions of any breach of this Agreement by Licensee shall not operate or be construed as a waiver of any subsequent breach by Licensee. ***