Studio J++ Copyright/License/Warranty Agreement

You should carefully read the following terms and conditions before using this software. Unless you have a different license agreement signed by Type Solutions, Inc. your use of this software indicates your acceptance of this license agreement and warranty.

Copyright:

Proprietary Rights:

This license does not represent a sale, Type Solutions, Inc retains the ownership and title of Studio J++. You are not allowed to reverse engineer, decompile, disassemble, or create derrivate works based on it. This agreement does not grant you any patent rights, trade secrets, or copyrights. You shall not remove any proprietary notice in the Product.

Grant of license for Registered and Unlocked Version:

The product is shipped in a demo form where the "save" feature is disabled. You may evaluate this demo-version. In return for correct payment we will unlock the demo-version. This unlocking will enable the "save" feature and grant you this license. Type Solutions, Inc grants to you a limited, non-exclusive, non-transferable, royalty-free license to use one registered copy of Studio J++. It may either be used by a single person who uses the software personally on one or more computers, or installed on a single workstation used nonsimultaneously by multiple people, but not both. You may access the registered version of Studio J++ through a network, provided that you have obtained individual licenses for the software covering all workstations that will access the software through the network. For instance, if 10 different workstations will access Studio J++ on the network, each workstation must have its own Studio J++ license, regardless of whether they use Studio J++ at different times or concurrently. Once you have paid for Studio J++ we grant you the right to use the bundled Clip Art and Sound Clip libraries in your work. You may however not resell the libraries or Studio J++. Type Solutions, Inc. reserves the right to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristic of the product.

Disclaimer of Warranty:

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. Because of the various hardware and software environments into which Studio J++ may be put, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT AND DOCUMENTATION REMAINS WITH THE USER.

Limitation of Liability:

In no event shall neither Type Solutions, Inc. nor its suppliers nor the employees of Type Solutions, Inc. be liable or responsible to the purchaser or user for loss or ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER caused, or alleged to be caused, directly or indirectly by the software and its documentation or by the inability to use the product, including (but not limited to) interruption of service, loss of business, or anticipatory profits, loss of information, or other pecuniary loss, even if Type Solutions, Inc. has been advised of the possibility of such loss or damages.

High Risk Activities:

The Product is not fault-tolerant and is not designed, manufactured or intended for use or resale as on- line control equipment in hazardous environment 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 failure of the Product could lead directly to death, personal injury, or severe physical or environment damage ("High Risk Activities"). Type Solutions, Inc. and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

Termination:

This Agreement will terminate without notice if the user fails to comply with the limitation herein. Upon the termination of this Agreement, the user shall promptly destroy all full or partial copies of the Product.

Product Maintenance:

Type Solutions, Inc. is not obligated to provide maintenance or updates to you for the Product. However, any maintenance or updates provided by Type Solutions, Inc. shall be covered by this Agreement.

Government Users:

If the Product has been acquired on behalf of any unit or agency of the United States Government, then the following provisions apply in addition to the other terms and conditions of this Agreement. The Government acknowledges Type Solutions, Inc's representation that:
(i) the Product was developed at private expense by Type Solutions, Inc. and is not in the public domain; and
(ii) the Product is "Restricted Computer Software" under Clause 52.227-19 of the Federal Acquisition Regulations ("FAR") and is "Commercial Computer Software" under Subpart 227.471 of the Department of Defense Federal Acquisition Regulation Supplement ("DFARS"). The Government further agrees that:
(1) if the Product is supplied to the Department of Defense ("DoD"), the Product is classified as "Commercial Computer Software" and the Government is acquiring only "restrictive rights" in the Product as that term is defined in Clause 252.227-7013(c)(l) of the DARS;
(2) if the Product is supplied to any unit or agency other than DoD, the Government's rights in the Product will be as defined in Clause 52.227-9(c)(2) of the FAR or, in the case of NASA, in Clause 18-52.227-86(d) of the NASA Supplement to the FAR; and
(3) any use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(l)(ii) of the Rights in Technical Data and Computer Software clause at DARS 252.227-7013.

Governing Law:

This agreement shall be governed by the laws of the State of New Hampshire. If any provision or any portion of any provision of this Agreement shall be held to be invalid, illegal, or unenforceable, the remainder of this agreement and remaining portion of any provision held void or unenforceable in part shall continue in full force and effect.

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