END-USER LICENSE AGREEMENT FOR SOFTWARE
IMPORTANT — READ CAREFULLY: This End-User License Agreement ("EULA")
is a legal agreement between you (either an individual or a single entity{LICENSED
OWNER}) and JT Communications for the JT Communications software product
identified above, which includes computer software and may include associated
media, printed materials, and "online" or electronic documentation ("SOFTWARE
PRODUCT"). The SOFTWARE PRODUCT also includes any updates and supplements
to the original SOFTWARE PRODUCT provided to you by JT Communications.
Any software provided along with the SOFTWARE PRODUCT that is associated
with a separate end-user license agreement is licensed to you under the
terms of that license agreement. By installing, copying, downloading, accessing,
or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms
of this EULA. If you do not agree to the terms of this EULA, do not install
or use the SOFTWARE PRODUCT; you may, however, return it to your place
of purchase for a full refund.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties. The
SOFTWARE PRODUCT is licensed, not sold.
GRANT OF LICENSE. This EULA grants you the following rights:
Applications
Software. You may install, use, access, display, run, or otherwise
interact with ("RUN") one or multiple copies of the SOFTWARE PRODUCT, or
any prior version for the same operating system, on any computer, workstation,
terminal, handheld PC, pager, "smart phone," or other digital electronic
device ("COMPUTER"), PROVIDED original and all copies are SOLELY
utilized on the Licensed users computers,workstation, terminal, handleld
PC, pager, "smart phone", or other digital electronic device . Any installation
and/or operation on any computer, workstation, terminal, handleld PC, pager,
"smart phone", or other digital electronic device not owned by the LICENSED
USER is PROHIBITED.
Storage/Network Use. You may also store or install a
copy of the SOFTWARE PRODUCT on a storage device, such as a network server,
used only to RUN the SOFTWARE PRODUCT on your other COMPUTERS over an internal
network; however, you must acquire and dedicate a license for each separate
COMPUTER on which the SOFTWARE PRODUCT is ACCESSED or RUN from outside
the LICENSED OWNER'S network. A license for the SOFTWARE PRODUCT
may be shared or used concurrently on different COMPUTERS,
PROVIDED
original and all copies are SOLELY utilized on the LICENSED OWNER'S computers,
workstation, terminal, handleld PC, pager, "smart phone", or other digital
electronic device.
License Pack. If this package is a JT Communications
License Pack, you may RUN additional copies of the computer software portion
of the SOFTWARE PRODUCT up to the number of copies specified above as "Licensed
Copies." You are also entitled to make a corresponding number of secondary
copies for portable computer use as specified above.
Reservation of Rights. All rights not expressly granted
are reserved by JT Communications.
= Not for Resale Software. If the SOFTWARE PRODUCT is
labeled "Not For Resale" or "NFR," then, notwithstanding other sections
of this EULA, your use of the SOFTWARE PRODUCT is limited to use for demonstration,
test, or evaluation purposes and you may not resell, or otherwise transfer
for
value, the SOFTWARE PRODUCT.
= Limitations on Reverse Engineering, Decompilation, and disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT,
except and only to the extent that such activity is expressly permitted
by applicable law notwithstanding this limitation.
= Separation of Components. The SOFTWARE PRODUCT is licensed
as a single product. Its component parts may not be separated for use with
or for more than one LICENSEE.
= Trademarks. This EULA does not grant you any rights in
connection with any trademarks or service marks of JT Communications.
=Rental. You may not rent, lease, or lend the SOFTWARE
PRODUCT.
= Support Services. JT Communications may provide you with support
services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support
Services is governed by the JT Communications policies and programs described
in the user manual, in "online" documentation, and/or in other provided
materials. Any supplemental software code provided to you as part of the
Support Services shall be considered part of the SOFTWARE PRODUCT and subject
to the terms and conditions of this EULA. With respect to technical information
you provide to JT Communications as part of the Support Services, JT Communications
may use such information for its business purposes, including for product
support and development. JT Communications will not utilize such technical
information in a form that personally identifies you.
= Software Transfer. The initial licensee of the SOFTWARE
PRODUCT may make a one-time permanent transfer of this EULA and SOFTWARE
PRODUCT only directly to another end user. This transfer must include all
of the SOFTWARE PRODUCT (including all component parts, the media and printed
materials, any upgrades, and this EULA). Such transfer may not be by way
of consignment or any other indirect transfer. The transferee of such one-time
transfer must agree to comply with the terms of this EULA, including the
obligation not to further transfer this EULA and SOFTWARE PRODUCT.
Termination. Without prejudice to any other rights, JT
Communications may terminate this EULA if you fail to comply with the terms
and conditions of this EULA. In such event, you must destroy all copies
of the SOFTWARE PRODUCT and all of its component parts
UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade, you
must be properly licensed to use a product identified by JT Communications
as being eligible for the upgrade in order to use the SOFTWARE PRODUCT.
A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements (and
may disable) the product that formed the basis for your eligibility for
the upgrade. You may use the resulting upgraded product only in accordance
with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a
component of a package of software programs that you licensed as a single
product, the SOFTWARE PRODUCT may be used and transferred only as part
of that single product package and may not be separated for use to more
than one LICENSED OWNER.
COPYRIGHT. All title and copyrights in and to the SOFTWARE
PRODUCT (including but not limited to any images, photographs, animations,
video, audio, music, text, and "applets" incorporated into the SOFTWARE
PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE
PRODUCT are owned by JT Communications or its suppliers. All title and
intellectual property rights in and to the content that may be accessed
through use of the SOFTWARE PRODUCT is the property of the respective content
owner and may be protected by applicable copyright or other intellectual
property laws and treaties. This EULA grants you no rights to use such
content. You may not copy the printed materials accompanying the SOFTWARE
PRODUCT for other than the LICENSED OWNER.
DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE PRODUCT
in
more than one medium. Regardless of the type or size of medium you receive,
you may use only one medium that is appropriate for your single COMPUTER.
You may not RUN the other medium on any but the LICENSED OWNERS workstation,
terminal, handleld PC, pager, "smart phone", or other digital electronic
device . You may not loan, rent, lease, or otherwise transfer the other
medium to another user, except as part of the permanent transfer (as provided
above) of the SOFTWARE PRODUCT.
BACKUP COPY. After installation of one copy of the SOFTWARE
PRODUCT pursuant to this EULA, you may keep the original media on which
the SOFTWARE PRODUCT was provided by JT Communications solely for backup
or archival purposes. If the original media is required to use the SOFTWARE
PRODUCT on the COMPUTER, you may make one copy of the SOFTWARE PRODUCT
solely for backup or archival purposes. Except as expressly provided in
this EULA, you may not otherwise make copies of the SOFTWARE PRODUCT or
the printed materials accompanying the SOFTWARE PRODUCT.
U.S. GOVERNMENT RESTRICTED RIGHTS. All SOFTWARE PRODUCT
provided to the U.S. Government pursuant to solicitations issued on or
after December 1, 1995 is provided with the commercial rights and restrictions
described elsewhere herein. All SOFTWARE PRODUCT provided to the U.S. Government
pursuant to solicitations issued prior to December 1, 1995 is provided
with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987)
or FAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
EXPORT RESTRICTIONS. This SOFTWARE PRODUCT has been classified
by the US Government as exportable under License Exception TSU. Therefore
the following terms apply: You agree that you will not export or re-export
the SOFTWARE PRODUCT, any part thereof, or any process or service that
is the direct product of the SOFTWARE PRODUCT (the foregoing collectively
referred to as the “Restricted Components”), to any country, person or
entity subject to U.S. export restrictions. You specifically agree not
to export or re-export any of the Restricted Components (i) to any country
to which the U.S. has embargoed or restricted the export of goods or services,
which currently include, but are not necessarily limited to Cuba, Iran,
Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such
country, wherever located, who intends to transmit or transport the Restrccted
Components back to such country; (ii) to any person or entity who you know
or have reason to know will utilize the Restricted Components in the design,
development or production of nuclear, chemical or biological weapons; or
(iii) to any person or entity who has been prohibited from participating
in U.S. export transactions by any federal agency of the U.S. government.
You warrant and represent that neither the BXA nor any other U.S. federal
agency has suspended, revoked or denied your export privileges.
ADDITIONAL NOTES : THE SOFTWARE PRODUCT MAY IS NOT FAULT
TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE
AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE
PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION
OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES,
OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF SOFTWARE COULD LEAD DIRECTLY
TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
MISCELLANEOUS
If you acquired this SOFTWARE PRODUCT in the United States, this EULA is
governed by the laws of the United States. If This SOFTWARE PRODUCT
was acquired outside the United States, then local law may apply. Should
you have any questions concerning this EULA, or if you desire to contact
JT Communications for any reason, please contact the JT Communications
subsidiary serving your country, or write: JT Communications 579 NE 44
Ave. Ocala, FL 34470-1421 352-236-0744 jtcomm@Atlantic.net.
SOFTWARE LIMITED WARRANTY
JT Communications and its suppliers’ entire liability and your exclusive
remedy shall be, at JT Communications' option, either (a) return
of the price paid, if any, or (b) repair or replacement of the SOFTWARE
PRODUCT that does not meet
JT Communications Software Limited Warranty and which is returned to
JT Communications with a copy of your receipt. This Software Limited Warranty
is void if failure of the SOFTWARE PRODUCT has resulted from accident,
abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted
for the remainder of the original warranty period or thirty (30) days,
whichever is longer. Outside the United States, neither these remedies
nor any product support services offered by JT Communications are available
without proof of purchase from an authorized international source. NO
OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, JT COMMUNICATIONS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES
AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE
PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.THIS LIMITED WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION
TO STATE/JURISDICTION.
LIMITATION OF LIABILITY. To the maximum extent
permitted by applicable law, in no event shall JT Communications or its
suppliers be liable for any special, incidental, indirect, or consequential
damages whatsoever (including, without limitation, damages for loss of
business profits, business interruption, loss of business information,
or any other pecuniary loss) arising out of the use of or inability to
use the SOFTWARE PRODUCT or the provision of or failure to provide Support
Services, even if JT Communications has been advised of the possibility
of such damages. In any case, JT Communications entire liability under
any provision of this EULA shall be limited to the greater of the amount
actually paid by you for the SOFTWARE PRODUCT or U.S.$1.00; provided, however,
if you have entered into a JT Communications Support Services Agreement,
JT Communications' entire liability regarding Support Services shall be
governed by the terms of that agreement. Because some states and jurisdictions
do not allow the exclusion or limitation of liability, the above limitation
may not apply to you.