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PC World Komputer 1999 January
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Jterm106
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_SETUP.1
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license.txt
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1998-09-13
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J-TERM PRO END USER LICENSE AGREEMENT
REDISTRIBUTION NOT PERMITTED
This Agreement has 3 parts. Part I applies if you
have not purchased a license to the accompanying
software (the "Software"). Part II applies if you
have purchased a license to the Software. Part III
applies to all license grants. If you initially
acquired a copy of the Software without purchasing
a license and you wish to purchase a license, contact
Jones Automation, Inc. (JAI) on the web at
http://www.jonesautomation.com or by
telephone at (205) 864-0068.
PART I -- TERMS APPLICABLE WHEN LICENSE FEES NOT
(YET) PAID (LIMITED TO EVALUATION USE) GRANT.
JAI grants you a non-exclusive license to use the
Software free of charge if your use of the Software
is for the purpose of evaluating whether to purchase
an ongoing license to the Software. The evaluation
period is limited to 30 days. If you are using the
Software free of charge, you are not entitled to
hard-copy documentation (where available), support
or telephone assistance (except to report possible
bugs in Software).
DISCLAIMER OF WARRANTY.
Free of charge Software is provided on an "AS IS"
basis, without warranty of any kind, including without
limitation the warranties of merchantability, fitness
for a particular purpose and non-infringement. The
entire risk as to the quality and performance of the
Software is borne by you. Should the Software prove
defective, you and not JAI assume the entire cost of
any service and repair. This disclaimer of warranty
constitutes an essential part of the agreement. SOME
JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED
WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND
YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY
JURISDICTION.
PART II -- TERMS APPLICABLE WHEN LICENSE FEES PAID
GRANT. Subject to payment of applicable license
fees, JAI grants to you a non-exclusive license
to use the Software and accompanying documentation
("Documentation") in the manner described in Part III
below under "Scope of Grant."
LIMITED WARRANTY.
JAI warrants that for a period of ninety (90)
days from the date of acquisition, the Software,
if operated as directed, will substantially achieve
the functionality described in the Documentation.
JAI does not warrant, however, that your use of the
Software will be uninterrupted or that the operation
of the Software will be error-free. JAI also warrants
that the media containing the Software, if provided
by JAI, is free from defects in material and workmanship
and will so remain for ninety (90) days from the date
you acquired the Software. JAI's sole liability for any
breach of this warranty shall be, in JAI's sole discretion:
to replace your defective media; or to advise you how to
achieve substantially the same functionality with the
Software as described in the Documentation through a
procedure different from that set forth in the
documentation; or if the above remedies are impracticable,
to refund the license fee you paid for the 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) JAI advised you how to operate the
Software so as to achieve the functionality described in the
Documentation. Only if you inform JAI of your problem with
the Software during the applicable warranty period and
provide evidence of the date you purchased a license to
the Software will JAI be obligated to honor this warranty.
JAI 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 JAI. JAI 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 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 JAI DEALER, AGENT, OR EMPLOYEE IS
AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR
ADDITIONS TO THIS WARRANTY.
If any modifications are made to the 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 the 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.
PART III -- TERMS APPLICABLE TO ALL LICENSE GRANTS
SCOPE OF GRANT.
You may:
* use the Software on any single computer;
* use the Software on a network, provided that each
person accessing the Software through the network
must have a copy licensed to that person;
* use the Software on a second computer so long as only
one copy is used at a time;
* copy the Software for archival purposes, provided any
copy must contain all of the original Software's
proprietary notices; or
You may not:
* permit other individuals to use the Software except
under the terms listed above;
* permit concurrent use of the Software;
* modify, translate, reverse engineer, decompile,
disassemble (except to the extent applicable laws
specifically prohibit such restriction), or create
derivative works based on the Software;
* copy the Software other than as specified above;
* rent, lease, grant a security interest in, or
otherwise transfer rights to the Software; or
* remove any proprietary notices or labels on the
Software.
TITLE.
Title, ownership rights, and intellectual property rights in
the Software shall remain in JAI and/or its suppliers. The
Software is protected by the copyright laws and treaties.
Title and related rights in the content accessed through
the Software is the property of the applicable content
owner and may be protected by applicable law. This License
gives you no rights to such content.
TERMINATION.
The license will terminate automatically if you fail to
comply with the limitations described herein. On
termination, you must destroy all copies of the Software
and Documentation.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT,
CONTRACT, OR OTHERWISE, SHALL JAI 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 JAI BE LIABLE FOR ANY DAMAGES
IN EXCESS OF THE AMOUNT JAI RECEIVED FROM YOU FOR A
LICENSE TO THE SOFTWARE, EVEN IF JAI 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.
The 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 the Software
could lead directly to death, personal injury, or severe
physical or environmental damage ("High Risk Activities").
JAI and its suppliers specifically disclaim any express or
implied warranty of fitness for High Risk Activities.
MISCELLANEOUS.
If the copy of the Software you received was accompanied
by a printed or other form of "hard-copy" End User License
Agreement whose terms vary from this Agreement, then the
hard-copy End User License Agreement governs your use
of the Software. This Agreement represents the complete
agreement concerning this license and may amended only by
a writing executed by both parties. THE ACCEPTANCE OF ANY
PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL
ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT
THOSE IN YOUR PURCHASE ORDER.
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 Alabama law (except for
conflict of law provisions). The application the United
Nations Convention of Contracts for the international
Sale of Goods is expressly excluded.
U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication
or disclosure by the Government is subject to restrictions
set forth in subparagraphs (a) through (d) of the
Commercial Computer-Restricted Rights clause at
FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii)
of the Rights in Technical Data and Computer Software clause
at DFARS 252.227-7013, or at 252.211-7015, or to JAI's
standard commercial license, as applicable, and in similar
clauses in the NASA FAR Supplement. Contractor/manufacturer
is Jones Automation, Inc., 4825 University Square, Suite 5,
Huntsville, AL 35816.