Software License Agreement
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE SOFTWARE FROM JNSOFTWARE LLC. BY USING THE SOFTWARE FROM JNSOFTWARE LLC, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, AND HAVE PURCHASED A LICENSE FOR THE SOFTWARE WITHIN 30 DAYS, YOU MAY REQUEST A REFUND FROM THE VENDOR THAT PROCESSED YOUR ORDER AND, IN THE EVENT THAT A REFUND IS GIVEN, MUST DESTROY ALL COPIES OF THE SOFTWARE, FULL OR PARTIAL, INCLUDING COPIES STORED ON A COMPUTER OR OTHER STORAGE DEVICE. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THE LICENSE BY CLICKING THE “ACCEPT” BUTTON. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, DO NOT USE THE SOFTWARE AND CLICK “DECLINE”.
- General. The software and documentation accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the “Software”) are licensed, not sold, to you by JNSoftware LLC for use only under the terms of this License, and JNSoftware LLC reserves all rights not expressly granted to you. The rights granted herein are limited to JNSoftware LLC and its licensors’ intellectual property rights in the Software and do not include any other patents or intellectual property rights. You own the media on which the Software is recorded but JNSoftware LLC and/or JNSoftware LLC’s licensor(s) retain ownership of the Software itself. The terms of this License will govern any software upgrades provided by JNSoftware LLC that replace and/or supplement the original Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. From time to time it may be necessary for JNSoftware LLC and/or JNSoftware LLC’s licensor(s) to communicate with you via electronic means. If you do not wish to be contacted, you may opt out of any such communication by contacting and clearly indicating your preference.
- Permitted License Uses and Restrictions. This License allows you to install and use one copy of the registered Software on a single computer at a time for each user license that you purchase. This License does not allow the registered Software to exist on more than one computer per license at a time, and you may not make the registered Software available over a network where it could be used by multiple computers at the same time. (Unregistered versions of the Software may be installed concurrently on any number of machines for evaluation purposes only.) You may make one copy of the Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Software or any part thereof. If you are interested in creating localized international versions of the Software, please contact . THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
- Transfer. You may not rent, lease, lend or sublicense the Software. You may, however, make a one-time permanent transfer of all of your license rights to the Software to another party, provided that: (a) the transfer must include all of the Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Software reads and agrees to accept the terms and conditions of this License. All components of the Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications.
- Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from JNSoftware LLC if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Software and destroy all copies, full or partial, of the Software.
- Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. This software is provided on an “AS IS” basis, without warranty of any kind, either expressed or implied, including, without limitation, warranties that the subject software is free of defects, merchantable, fit for a particular purpose or non-infringing. JNSoftware LLC assumes no risk as to the quality and performance of the software. Should the software prove defective in any respect, JNSoftware LLC assumes no cost or liability for any servicing, repair or correction. This disclaimer of warranty constitutes an essential part of this license. No use of any subject software is authorized hereunder except under this disclaimer.
- Limitation of Liability. Under no circumstances and under no legal theory, whether tort (including, without limitation, negligence or strict liability), contract, or otherwise, shall JNSoftware LLC be liable for any direct, indirect, special, incidental, or consequential damages of any character with respect to the software including, without limitation, damages for loss of goodwill, work stoppage, loss of data, computer failure or malfunction, or any and all other commercial damages or losses, even if JNSoftware LLC shall have been informed of the possibility of such damages. This limitation of liability shall not apply to liability resulting from JNSoftware LLC’s negligence to the extent applicable law prohibits such limitation. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so that exclusion and limitation may not apply to you.
- Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of New York, as applied to agreements entered into and to be performed entirely within New York between New York residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
- Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.