LICENSE AGREEMENT FOR REWARDWORKS 
PRODUCT FAMILY

THIS IS AN END USER LICENSE AGREEMENT BETWEEN YOU (hereby referred to as User) AND ZEVEZ CORPORATION (hereby referred to as Zevez.) THIS SOFTWARE IS PROVIDED UNDER THE FOLLOWING LICENSE THAT DEFINES WHAT USER MAY DO WITH THE SOFTWARE.THIS LICENSE ALSO CONTAINS LIMITATIONS ON WARRANTIES AND REMEDIES.ANY AMENDMENT TO THIS DOCUMENT MUST BE MADE IN WRITING SIGNED BY AN OFFICER OF ZEVEZ.

This software is provided to User only under the terms of this License Agreement. Zevez is willing to license the software to User only upon the condition that User accept all of the terms contained in this License Agreement. Please read the terms carefully before installing or using the RewardWorks software. If User does not agree to these terms, then Zevez is unwilling to license the software to User. In this event, 1) Do Not Install, and 2) Select the do not agree with the Terms of the Software License Agreement button on the computer screen as noted. User agrees to delete or destroy or return the software and all other materials it obtained from Zevez, and it will provide written verification to Zevez of compliance with this provision.

LICENSE

Zevez grants to User a non-exclusive license to use its RewardWorks software and any modifications to the software provided to User in the future in accordance with the terms of this License. Software as provided herein does not refer to source code, and no license is granted to User with respect to source code of any kind.

 Copyright and all other rights in the software shall remain with Zevez.

1. GRANT OF LICENSE

Zevez grants to User the non-exclusive and limited right to use one copy of the RewardWorks software on Users computer system. Software is not sub-licensable and is non-transferable.  

2. COPYRIGHT

Software: The software is owned by Zevez and it is protected by United States Copyright Laws and international treaty provisions. You must treat the software as any other copyrighted material except that you may (1) transfer the software to a single hard disk provided that the User keep the original solely for backup or archival purposes, and (2) copy the software for use on two additional workstations within Users organization.

 Documentation: User is granted the right to duplicate the documentation included with RewardWorks software so that it can be used as a reference by licensed users of the software.

3. TERM

The term of the License Agreement is 12 months, as calculated from the date the Users RewardWorks software was initially activated. Renewals are not automatic. User will be invoiced 60 days before the end of the annual License period, and User will be considered renewed for an additional 12 months upon payment in full of the annual License Renewal fee. If the annual License Renewal fee is not paid within 30 days after the conclusion of the annual renewal anniversary date, the User is thereby considered terminated due to non-renewal, and all use and benefits provided by the software will cease. 

4. PAYMENT FOR SOFTWARE 

Payment for the software License is due in full at the time of software activation by the User. Software License Renewal fees are due before the end of the 12th full month after the original date (anniversary date) of software activation, and annually before the renewal anniversary date thereafter. If User terminates or discontinues use of the software prior to the full 12 month License Period, User will not be reimbursed or credited any portion of the Zevez License fees.

5. DISCLAIMER OF WARRANTIES

THE WARRANTIES SET FORTH IN THIS AGREEMENT ARE USER EXCLUSIVE WARRANTIES RELATED TO THE LICENSED SOFTWARE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, AND ZEVEZ EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF STATUTORY NON-INFRINGEMENT. NO THIRD PARTY, INCLUDING AGENTS, DISTRIBUTORS, OR AUTHORIZED ZEVEZ RESELLERS IS AUTHORIZED TO MODIFY ANY OF THE ABOVE WARRANTIES OR MAKE ANY ADDITIONAL WARRANTIES ON BEHALF OF ZEVEZ. ZEVEZ DOES NOT WARRANT THAT THE LICENSED SOFTWARE SHALL MEET USER REQUIREMENTS OR THAT USE OF THE LICENSED SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO EACH USER. ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY OF THE LICENSED SOFTWARE OR, IF GREATER, TO THE MINIMUM PRESCRIBED BY LAW. THIS WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY DEPENDING ON THE TERRITORY IN WHICH THE LICENSED SOFTWARE WAS FURNISHED. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT ANY LIABILITY OF ZEVEZ WHICH CANNOT BE EXCLUDED OR LIMITED BY ANY LAW OR REGULATION APPLICABLE TO THIS AGREEMENT.

6. LIMITATION OF LIABILITY

IN NO EVENT SHALL ZEVEZ BE LIABLE TO USER OR ANY PERSON UNDER THIS AGREEMENT FOR ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS OR SERVICES, LOSS OF PROFITS, LOSS OF, OR CORRUPTION OF DATA, LOSS OF PRODUCTION, LOSS OF BUSINESS, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME, OR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY AND ALL OTHER SIMILAR DAMAGES OR LOSS EVEN IF ZEVEZ, ITS RESELLERS, SUPPLIERS OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS LIMITED BY APPLICABLE LAW, REGARDLESS OF THE LEGAL BASIS FOR USER CLAIM, ZEVEZ AND ITS SUPPLIERS TOTAL LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES WHICH SHALL NOT EXCEED THE AMOUNT PAID TO ZEVEZ BY USER. DURING THE PRIOR 12 MONTHS PRECEDING A CLAIM, IF ANY.THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 

7. INDEMNIFICATION 

Zevez hereby agrees to indemnify User and its agents, directors, officers and employees (the “User Indemnitees”) from and against any and all Losses resulting from Third Party Claims (each, a “Third Party Claim”) asserting a breach of such third party's intellectual property by use of the Software provided by Zevez. User shall provide Zevez with prompt notice of the claim giving rise to this indemnification obligation and the exclusive ability to defend (with the reasonable cooperation of User) or settle any such claim; provided, however, that the Zevez shall not enter into any settlement for damages other than monetary damages without User’s written consent, such consent not to be unreasonably withheld. User shall have the right, but not obligation, to participate, at its own expense and with counsel of its choice, in the defense of any claim or suit that has been assumed by Zevez.

8. U.S. GOVERNMENT RESTRICTED RIGHTS

If the RewardWorks software is acquired by or for the U.S. Government, then it is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. 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, or clause 18-52.227-86(d) of the NASA Supplement to the FAR, as applicable. Contractor/manufacturer is Zevez Corporation 9115 SW Oleson Road, Suite 104, Portland, OR 97223.

9. GENERAL

This License is the entire agreement between Zevez and User, supersedes any other agreement or discussions, oral or written, and may not be changed except by a written signed agreement. This License shall be governed and construed in accordance with the laws of California, and by United States law on matters where Federal law provides the exclusive remedy. Any claim or controversy arising out of or relating to this Agreement or any breach hereof shall be submitted to a court of applicable jurisdiction in California. If any provision of this License is declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from the License and the other provisions shall remain in full force and effect.
 

10. REVERSE ENGINEERING

User may not (and may not permit a third part to) reverse engineer, decompile, or disassemble the software.

11. SPECIAL USE LIMITATION IF INITIAL ANNUAL FEE PAID BY THIRD PARTY

If software is made available to User by a Third Party, as part of a First-Year Sponsored program in which User does not pay Zevez for the installation and/or the initial 12 months of the license fee; software may be limited to only the Third Party branded credit card while transacting payments using RewardWorks software.

12. VENDOR TELE-VERIFICATION SERVICES AND FEES

In order to better identify which Vendors, accept credit cards for accounts payable invoices, Zevez may contact by phone, email, or fax, any Vendor that has been submitted to us by our Client, or by a Third Party when User is participating in a First-Year Sponsored program. When contacting Vendors Zevez may use any provided information, such as our Licensed Users Business Name, Address, and Annual Dollars spent with the Vendor we are contacting. If User is a First-Year Sponsored by a Third-Party Client all Fees for this service will be included. In the event User has installed RewardWorks Software but chooses not to Activate, Client may be responsible to reimburse Zevez up to $600 for Tele-Verification Services. 

13. TERMINATION-LICENSE FEES

Upon termination of this license, 1) User must cease all use of RewardWorks programs and uninstall all copies of the software; and 2) destroy all RewardWorks materials or, upon request by Zevez, return all materials to Zevez or to the entity from which they were acquired. Annual License fees are paid in advance for each new year of software usage, and no refund, financial credit, or pro-rata share of the pre-paid License fee is payable to the user in the case of termination. 

14. NO WAIVER

No term or provision hereof will be considered waived, and no breach excused, unless such waiver is in writing signed on behalf of the party against whom the waiver is asserted. No waiver (whether express or implied) will constitute a consent to, waiver of, or excuse of any other, different, or subsequent breach. 

Legal information

Our privacy policy 

Introduction

Zevez (which means here Zevez Corporation and RewardWorks Software) respects your privacy. All information you give us is held with the utmost care and security.

This privacy policy sets out our privacy practices. Please take time to review this privacy policy as it tells you how your personal information will be treated by us. We do not sell, rent or loan any identifiable information regarding our customers to any third party. Only in the circumstances described within this Privacy Policy would we share your information with any third party.

Our use of personal data is in line with the US Safe Harbor program. Any questions regarding Zevez’s privacy policy should be directed to customerservice@zevez.com.

Use of information

Zevez will not collect any personal information about individuals except when specifically and knowingly provided by such individuals. Examples of such information are: name, company, postal address, email address, phone number and product commentary.

We will use the personal information provided to us in order to:

• process orders submitted by you;
• customize the service we provide to you;
• administrate or otherwise carry out our obligations in relation to any agreement you have with us;
• verify your identity (for example if you participate in any promotions administered by us);
• anticipate and resolve any problems with any goods or services supplied to you;
• carry out market research and surveys and track sales data;
• send you our newsletter, where this is requested by you;
• to send you follow-up communications relating to software downloaded from our site; and
• send you information about our other products and services.

We may collect any personal information provided by you to us through this website or via one of our telephone operators, or we may collect this information through your email or other communications with us. Certain information is collected automatically, as described later in the privacy policy.

We may also ask you for other optional information such as what sort of equipment/device/software you use and what other subjects interest you. If you choose to give us this information, we will use it to help us to provide you with the best possible service that is personalized to your needs and preferences.

Although we do not make it compulsory to give us every item of information we ask for, the more information volunteered by our customers (and the more accurate it is), the better we can match our services to the needs of the body of our customers.

We also collect information from you if you choose to take part in any of our on-site surveys or promotions. We will use this information to administer the promotion, help us to plan other promotions and improve the services we provide.

Third-Parties and their sites

Certain Zevez services, such as payment processing or assisting with user evaluation of our products, are offered in conjunction with our (third-party) business partners. In such cases, we may need to share your personal information with them in order to provide these services. In this instance, please note that certain services may be unavailable if you do not want to disclose the personal information you are asked for.

Where our services make use of hosted tools, hosted data storage and payment services provided by third parties any of your personal information stored by such third parties shall be subject to their privacy provisions.

Call Recording

We only record calls that we believe will help us improve the products and services we provide, or help us evaluate our performance in customer-orientated parts of the business. Furthermore we do not record calls in any jurisdiction where dual consent is required.

In addition, we will only record a call we conduct with you (incoming or outgoing) having already announced to you our intent to do so and given you the opportunity not to participate.

Log files/IP addresses

When you visit our site, we automatically log your IP address which is recognized by our web server. We use IP addresses to help us administer the site and to collect broad demographic information for aggregate use.

Non personal information

We may automatically collect non-personal information about you, such as the type of internet browsers you use, the site from which you linked to our site, and may also track your movement within the site. You cannot be identified from this information and it is only used to assist us in providing an effective service on our site.

Zevez may share non-personal aggregate or summary information regarding its customers with partners or other third parties, such as information relating to the number of users linking to our site from their sites but Zevez does not sell or share any information at the individual level.

Cookies

Cookies are very small text files saved to your computer used to track user navigation around a website. At Zevez session cookies are used when users log-in to the site. Zevez will use such cookies to identify unique users to our sites. They are not cross-referenced with any other information such that an individual person could be identified.

Zevez may use a third party to serve advertisements on our sites. The advertisers may use cookies to track the number of users responding to the campaign. Zevez does not have access to or control of cookies placed by third parties.

Disabling/Enabling Cookies - users have the ability to accept or disable cookies by modifying the settings in their browser. Disabling cookies, however, may mean that some functionality may be affected. 

Disclosures

Other than the disclosures referred to in this policy, we will not disclose any personal information without your permission unless we are legally obliged or entitled to do so (for example, if required to do so by Court order or for the purposes of identifying fraud or other crime).

We will only disclose your personal information to a third party either as part of a reorganization or a sale of the assets of Zevez Software, and/or having ensured that steps have been taken to ensure that your privacy rights continue to be protected.

Information about our products and services

It is very important to us that we provide you with the highest level of service. In order to help us do this, from time to time Zevez may send you, with your consent, details of our products and services which we think may be of interest to you. If at any time you do not wish to continue to receive these details, then an email requesting to unsubscribe to customerservice@zevez.com.

Keeping our records accurate

We aim to keep our information about you as accurate as possible. If you would like to review or change the details you have supplied us with, please contact us as set out below.

Security

We have implemented technology and policies to help safeguard your privacy from unauthorized access and improper use. For example, transactions conducted through the site are encrypted and user log-in is subject to password protection. We will continue to monitor and update security measures as new technology becomes available as appropriate to the site.

Your consent 

By using our website, and/or RewardWorks Software or giving us your details at an exhibition, you consent to the collection and use of this information by Zevez. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we would disclose it.

Contacting 

If at any time you would like to contact us with your views about our privacy practices, or with any inquiry relating to your personal information, you can do so by sending an email to us at customerservice@zevez.com or by contacting us at Zevez Corporation, 9115 SW Oleson Road, Suite 104, Portland, Oregon 97223. You are entitled to ask for a copy of the information we store about you.

For RewardWorks Version 4.6

Released September 11, 2020