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- Jenies Technologies Incorporated Liscense Agreement
-
- This is a legal agreement between you and Jenies Technologies Incorporated
- covering use of the application known as SafeInHand. Be sure to
- read the following agreement before using the software. IF YOU DO NOT AGREE
- TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE AND DESTROY ALL COPIES
- OF IT YOU CONTROL.
-
- This User License Agreement ("Agreement") is a legal agreement
- between you (either an individual or a single entity) and Jenies Technologies
- Incorporated ("Company"). By installing, copying, or otherwise using
- SafeInHand ("Software") on any computer or device, you agree to be bound by the
- terms of this Agreement.
-
- If you do not agree to the terms of this Agreement, you are not authorized
- to use the Software.
-
- DEFINTITIONS
-
- "Agreement" This User License Agreement.
-
- "Software" The application known as SafeInHand.
-
- "Company" Jenies Technologies Incorporated
-
- "Documentation" The documentation for Software found within Software or online
- at the PalmInHand.com website.
-
- TERMS OF USE
-
- Jenies Technologies Incorporated grants you a non-exclusive license to use
- Software.
-
- This includes the following uses of Software:
- * you may use Software on any single computer or electronic device;
- * you may use Software on more than one device so long as you are the only
- user of Software all devices and Software is only used by one person at
- a time;
- * you may transmit Software to another person or entity provided you provided
- you do not attempt to imply your are representing Company, clearly do not
- insinuate you are also transferring any kind of license to use Software, and
- use due diligence to inform the recipient of this license; or
- * you may copy Software for archival purposes, provided any copy must contain
- all of the original Software's proprietary notices and this Agreement.
-
- It does not include the following uses of Software:
- * you may not permit other individuals to use Software except under the terms
- listed above;
- * you may not permit concurrent use of Software except under the terms listed
- above;
- * you may not modify, translate, reverse engineer, decompile, disassemble
- or create derivative works based on Software;
- * you man not modify, translate, reverse engineer, decompile, disassemble
- or hack the registration code in an attempt to gain unauthorized access to
- the unlock key algorithm;
- * you may not copy the Software except under the terms listed above;
- * you may not rent, lease, grant a security interest in, or otherwise transfer
- rights to the Software; or
- * you may not remove any proprietary notices or labels on the Software.
-
- WARRANTY
-
- Jenies Technologies Incorporated warrants that for a period of sixty (60)
- days from the date of acquisition, Software, if operated as directed, will
- substantially achieve the functionality described in the Documentation. Company
- does not warrant, however, that your use of Software will be uninterrupted
- or that the operation of Software will be error-free or secure. Company also
- warrants that the media containing Software, if and only if provided by Company,
- is free from defects in material and workmanship and will so remain for sixty
- (60) days from the date you acquired Software. Company's sole liability for
- any breach of this warranty shall be, at Company's sole discretion: (i) to
- replace your defective media; or (ii) to advise you how to achieve substantially
- the same functionality with Software as described in the Documentation through
- a procedure different from that set forth in the Documentation; or (iii) if
- the above remedies are impracticable, to refund the license fee you paid for
- Software. Repaired, corrected, or replaced Software and Documentation shall
- be covered by this limited warranty for the period remaining under the warranty
- that covered the original Software, or if longer, for thirty (30) days after
- the date (a) of shipment to you of the repaired or replaced Software, or (b)
- Company advised you how to operate the Software so as to achieve the functionality
- described in the Documentation. Only if you inform Company of your problem
- with Software during the applicable warranty period and provide evidence of
- the date you purchased a license to Software will Company be obligated to
- honor this warranty. Company will use reasonable commercial efforts to repair,
- replace, advise or, for individual consumers, refund pursuant to the foregoing
- warranty within 30 days of being so notified.
-
- THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY Jenies Technologies
- Incorporated. Jenies Technologies Incorporated MAKES NO OTHER EXPRESS WARRANTY
- AND NO WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. THE DURATION
- OF IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY,
- INTERACTION WITH OTHER THIRD PARTY SOFTWARE, AND OF FITNESS FOR A PARTICULAR
- PURPOSE, IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD; SOME JURISDICTIONS
- DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO LIMITATIONS
- MAY NOT APPLY TO YOU. NO Jenies Technologies Incorporated DEALER, AGENT, OR
- EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS
- TO THIS WARRANTY.
-
- If any modifications are made to Software by you during the warranty period;
- if the media is subjected to accident, abuse, or improper use; or if you violate
- the terms of this Agreement, then this warranty shall immediately be terminated.
- This warranty shall not apply if Software is used on or in conjunction with
- hardware or software other than the unmodified version of hardware and software
- with which the software was designed to be used as described in the Documentation.
- THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL
- RIGHTS THAT VARY BY JURISDICTION.
-
- DISTRIBUTION
-
- Distribution of Software is allowed provided the TERMS OF USE are met above.
-
- You may not modify, translate, reverse engineer, decompile, disassemble or
- create derivative works based on Software. You may not copy the Software other
- than as specified above. You may not rent, lease, grant a security interest
- in, or otherwise transfer rights to the Software. You may not remove any proprietary
- notices or labels on Software. You must maintain all copyright notices on
- all copies of Software. Any transfer of Software does not transfer any rights
- of this license to recipient. Transfer of Software to another user requires
- due diligence to inform that person or entity their duty to purchase a valid
- license within the trial period.
-
- TITLE
-
- Title, ownership rights, and intellectual property rights in Software shall
- remain with Jenies Technologies Incorporated. Software is protected by the
- copyright laws and treaties of the United States.
-
- TERMINATION
-
- The license will terminate automatically if you fail to comply with the limitations
- described herein. On termination, you must destroy all copies of Software
- and Documentation you control.
-
- EXPORT CONTROLS
-
- None of Software or underlying information or technology may be downloaded
- or otherwise exported or reexported (i) into (or to a national or resident
- of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country
- to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury
- Department's list of Specially Designated Nationals or the U.S. Commerce Department's
- Table of Denial Orders. By downloading or using Software, you are agreeing
- to the foregoing and you are representing and warranting that you are not
- located in, under the control of, or a national or resident of any such country
- or on any such list.
-
- LIMITATION OF LIABILITY
-
- UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE,
- SHALL Jenies Technologies Incorporated OR ITS SUPPLIERS OR RESELLERS BE LIABLE
- TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
- DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
- GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
- COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL Jenies Technologies Incorporated
- BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT Jenies Technologies Incorporated
- RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF Jenies Technologies
- Incorporated SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES,
- OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT
- APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW
- PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE
- EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION
- AND EXCLUSION MAY NOT APPLY TO YOU.
-
- HIGH RISK ACTIVITIES
-
- Software 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
- ("High Risk Activities"). Jenies Technologies Incorporated and its suppliers
- specifically disclaim any express or implied warranty of fitness for High Risk
- Activities.
-
- MISCELLANEOUS
-
- If any provision of this Agreement is held to be unenforceable, such provision
- shall be reformed only to the extent necessary to make it enforceable. This
- Agreement shall be governed by Texas law (except for conflict of law provisions).
- The application the United Nations Convention of Contracts for the International
- Sale of Goods is expressly excluded.
-
- Jenies Technologies Incorporated
- PO Box 540279
- Grand Prairie, TX 75054-0279
-