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License.txt
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1997-03-13
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JSB SOFTWARE LICENSE AND LIMITED WARRANTY
Please read this License carefully.
You are purchasing a license to use certain JSB Software as indicated on your
License Pack or other agreement with JSB. The Software is owned by and
remains the property of JSB, is protected by international copyrights, and is
transferred to you and any subsequent owner of the Software for your use only
according to the license terms set forth below. Opening the packaging and/or
downloading the Software and/or using the Software indicates your acceptance
of these terms.
1. Grant of License: JSB, grants the original purchaser (Licensee) the limited
rights to possess and use the Software on the terms and conditions
specifically set out in this License.
2. Term: This License is effective as of the time Licensee receives the
Software, and shall continue in effect until Licensee ceases all use of the
Software and returns or destroys all copies thereof, or until automatically
terminated upon the failure of Licensee to comply with any of the terms of
this License.
3. Your Agreement:
3.1. Single User License
If the Software is provided under a Single User License. This means
that one specific individual is licensed to install and use the
Software on his/her computer. That specific individual may also use
the Software on his/her portable or home computer. If the Software is
installed on a networked system, or on a computer connected to a file
server or other system that physically allows shared access to the
Software, Licensee agrees to prevent use of the Software by more than
one user.
3.2. Multiple User License
If the Software is provided under a license that allows use on
multiple computers, you may install and use the Software on the number
of computers specified in the purchase agreement and the installation
and activation documentation.
If the Software is provided for use on a single server with multiple
connected terminals, you may install on only one server and use on
only the number of terminals specified in the purchase agreement and
installation and activation documentation.
4. One machine-readable copy of the Software may be made for BACK-UP PURPOSES
ONLY, and the copy shall display all proprietary notices, and be labeled
externally to show that the back-up copy is the property of JSB, and that
its use is subject to this License. Documentation in whole or part may not
be copied.
5. Licensee agrees and certifies that neither the Software nor any software
product containing code generated by the Software: (a) is being or will be
shipped, transferred or re-exported, directly or indirectly, into any
country prohibited by the United States Export Administration Act and the
regulations thereunder, or (b) will be used for any purpose prohibited by
same.
6. Except as expressly provided in this License, Licensee may not use, copy,
disseminate, modify, distribute, sub-license, sell, rent, lease, lend, give
or in any other way transfer, by any means or in any medium, including
telecommunications, the Software. This license is for machine readable
object code only, and Licensee will not attempt to disassemble, de-compile,
or otherwise reconstruct the source code of the Software. Licensee will use
its best efforts and take all reasonable steps to protect the Software from
unauthorized use, copying or dissemination, and will maintain all
proprietary notices intact.
7. LIMITED WARRANTY: JSB warrants the Software media to be free of defects in
workmanship for a period of ninety days from purchase. During this period
JSB will replace at no cost any such media returned to JSB, postage prepaid.
This service is JSB's sole liability under this warranty. LICENSE FEES FOR
THE SOFTWARE DO NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION OF RISK BY JSB,
AND JSB DISCLAIMS ANY AND ALL LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OR OPERATION OR INABILITY TO USE THE
SOFTWARE, OR ARISING FROM THE NEGLIGENCE OF JSB OR ITS EMPLOYEES, OFFICERS,
DIRECTORS, CONSULTANTS OR DEALERS, EVEN IF ANY OF THESE PARTIES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, LICENSEE
INDEMNIFIES AND AGREES TO HOLD JSB HARMLESS FROM SUCH CLAIMS. THE ENTIRE
RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE
LICENSEE. THE WARRANTIES EXPRESSED IN THIS LICENSE ARE THE ONLY WARRANTIES
MADE BY JSB, AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND OF
FITNESS FOR A PARTICULAR PURPOSE. THIS WARRANTY GIVES YOU SPECIFIED LEGAL
RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO
JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
8. General: This License is the complete and exclusive statement the agreement
of the parties. Should any provision of this License be held to be invalid
by any court of competent jurisdiction, that provision will be enforced to
the maximum extent permissible, and the remainder of the License shall
nonetheless remain in full force and effect. This License shall be
controlled by the laws of the State of California, and the United States of
America.
9. United States Government Restricted Rights: Use of the Software by any
department, agency or other entity of the United States Federal Government
is limited as follows:
9.1. The Software and User Manual are provided with RESTRICTED RIGHTS, and
are trade secrets of JSB for all purposes of the Freedom Of Information
Act.
9.2. Use, duplication or disclosure is subject to restrictions set forth in
subparagraph (c)(l)(ii) of the Rights in Technical Data and Computer
Software clause at 252.227-7013 or in subparagraphs (c)(1) and (2) of
the Commercial Computer Software - Restricted Rights at 48 CFR
52.227-19, as applicable. Manufacturer: JSB Corporation.
9.3. If the Software was acquired under a GSA Schedule, the Government has
agreed to refrain from changing or removing any insignia or lettering
from the Software or Documentation or from producing copies of the
manuals or disks (except for backup purposes) and: (a) Title to and
ownership of the Software and Documentation and any reproductions
thereof shall remain with JSB and its licensor; (b) use of the Software
shall be limited to the facility for which it is acquired; and (c) if
the use of the Software is discontinued at the original installation
and the Government wishes to use it at another location, it may do so
by giving prior written notice to JSB, specifying the new location site
and class of computer.
9.4. Government personnel using the Software, other than under a Department
of Defense contract or GSA Schedule, are hereby on notice that use of
the Software is subject to restrictions that are the same or similar
to those specified above.
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 LICENSE REGISTRATION CARD.
Should you have any questions concerning this License and Limited
Warranty, please contact in writing:
JSB Corporation,
108 Whispering Pines Drive,
Suite 115,
Scotts Valley, CA 95066, U.S.A.