YOUR RIGHT TO USE THIS SOFTWARE PRODUCT IS SUBJECT TO THE TERMS SET OUT IN THIS LICENCE AGREEMENT. INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS.
In order to preserve and protect its rights under applicable laws, JSB does not sell any rights in JSB Software. Rather, JSB grants the right to use JSB Software by means of a Software Licence. JSB specifically retains title to all JSB computer software.
JSB SOFTWARE LICENCE
1. GRANT OF LICENCE
In consideration of payment of the LICENCE fee which is a part of the price you paid for this product, and your agreement to abide by the terms and conditions of this Licence and the Limited Warranty, JSB, as Licensor, grants to you the LICENSEE, a non-exclusive right to use and display this copy of a JSB software program (hereinafter the "SOFTWARE") on a single COMPUTER (i.e. with a single CPU) designated by you on the Licence Registration Form at a single location so long as you comply with the terms of this Licence. If the single computer on which you use the SOFTWARE is a multi-user system, the Licence covers the number of users specified in accompanying written materials without further Licence payments. JSB reserves all rights not expressly granted to LICENSEE.
2. OWNERSHIP OF SOFTWARE
As the LICENSEE, you own the magnetic or other physical media on which the SOFTWARE is originally or subsequently recorded or fixed, but an express condition of this Licence is that JSB retains title and ownership of the SOFTWARE recorded on the original media copy(ies) and all subsequent copies of the SOFTWARE, regardless of the form or media in or on which the original and other copies may exist. This Licence is not a sale of the original SOFTWARE or any copy.
3. COPY RESTRICTION
This SOFTWARE and the accompanying written materials are the subject of copyright. Unauthorised copying of the SOFTWARE, including SOFTWARE which has been modified, merged, or included with other software, or of the written materials is expressly forbidden. You may be held legally responsible for any copyright infringement which is caused or encouraged by your failure to abide by the terms of this Licence.
Subject to the restrictions above, and if the SOFTWARE is not copy-protected, you may make one (1) copy of the SOFTWARE solely for back up purposes. You must reproduce and include the copyright notice on the backup copy.
4. USE RESTRICTIONS
As the LICENSEE, you may not use the SOFTWARE on more than one computer or on multiple computers (processors), in a network without a separate licence for each.
You may not electronically transfer the SOFTWARE from one computer to another over a network. You may not distribute copies of the SOFTWARE or accompanying written materials to others. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the SOFTWARE. You may not modify, adapt, translate or create derivative works based on the written materials without the prior written consent of JSB.
5. TRANSFER RESTRICTIONS
This SOFTWARE is licensed only to you, the LICENSEE, and may not be transferred to anyone without the prior written consent of JSB. Any authorised transfer of the SOFTWARE shall be bound by the terms and conditions of this Licence and Limited Warranty. In no event may you transfer, assign, rent, lease, sell or otherwise dispose of the SOFTWARE on a temporary or permanent basis except as expressly provided herein.
6. COPYRIGHTS, TRADEMARK NOTICES, LEGEND AND LOGOS
The SOFTWARE and written materials, logos, product names and other support materials, if any, are either patented, copyrighted, trademarked, tradename or otherwise proprietary to JSB or its suppliers. You agree never to remove any such notices and product identification.
7. TERMINATION
This Licence is effective until terminated. This Licence will terminate automatically without notice from JSB if you fail to comply with any provision of this Licence. Upon termination you shall destroy the written materials and all copies of the SOFTWARE, including modified copies, if any. Upon termination there will be no refund of any monies or other consideration paid by you.
8. UPDATE POLICY
JSB may create, from time to time, updated versions of the SOFTWARE. At its option JSB will make such updates available to LICENSEES and transferees who have returned the Licence Registration Card and paid the update fee.
9. MISCELLANEOUS
This Licence shall be governed and construed in accordance with the laws of England and shall benefit JSB, its successors and assigns.
LIMITED WARRANTY AND DISCLAIMER OF WARRANTY
JSB WARRANTS THAT ON THE DATE HEREOF THE SOFTWARE PROVIDES THE FEATURES AND PERFORMANCE AND FUNCTIONAL CHARACTERISTICS DESCRIBED IN THE ACCOMPANYING WRITTEN MATERIALS. SUBJECT TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS" WITHOUT FURTHER WARRANTY OF ANY KIND. FURTHER JSB DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE, OF THE SOFTWARE OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. IF THE SOFTWARE OR WRITTEN MATERIALS ARE DEFECTIVE YOU, AND NOT JSB OR ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
THE ABOVE IS THE ONLY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE THAT IS MADE BY JSB ON THIS JSB PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JSB, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THIS WARRANTY SHALL ONLY BE EFFECTIVE IF THE LICENCE REGISTRATION CARD IS SIGNED BY THE LICENSEE AND RETURNED AS INDICATED WITHIN FIVE (5) DAYS OF PURCHASE.
NEITHER JSB NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION), LOSS OF BUSINESS INFORMATION, AND THE LIKE ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT EVEN IF JSB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NO STATEMENT CONTAINED IN THIS PACKAGE SHALL AFFECT THE STATUTORY RIGHTS OF CONSUMERS. THIS LIMITED WARRANTY SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF ENGLAND.
ACKNOWLEDGEMENT
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENCE AND LIMITED WARRANTY, UNDERSTAND THEM AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS. YOU ALSO AGREE THAT THE LICENCE AND LIMITED WARRANTY ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDE ALL PROPOSALS OR PRIOR AGREEMENTS ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THE LICENCE OR THE LIMITED WARRANTY.
YOU UNDERSTAND THAT THE LIMITED WARRANTY IS SUBJECT TO AND WILL ONLY BE AVAILABLE TO YOU UPON RECEIPT AT THE APPROPRIATE ADDRESS OF THE FULLY COMPLETED, SIGNED LICENCE REGISTRATION CARD.
Should you have any questions concerning this Licence or the Limited Warranty, please contact in writing: JSB Computer Systems Limited, Riverside, Mountbatten Way, Congleton, Cheshire CW12 1DY, England.
