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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.
-
-