If you do not agree to this license then you are required by law to delete the source archive and remove any copies software from your system.
The enclosed computer program, referred to hereafter as the "Software", is licensed, not sold, to you by JcS Canada Inc. for use only under the terms of this License. JcS Canada Inc. reserves all rights not expressly granted to you. You retain ownership of the media on which the Software is stored, however JcS Canada Inc., its licensors and sub-licensors retain ownership of the Software itself.
1. License. This License allows you to:
(a) Use a single copy of the Software on a single computer at a time. To "use" the Software means that the Software is either loaded in the temporary memory (i.e. RAM) of a computer or installed on the permanent memory of a computer (i.e. CD ROM etc.) You may install the Software on a common storage device which is accessible by multiple computers, provided that if more computers have access to the common storage device than the number of licensed copies of the Software, you must acquire a license for each user concurrently using the software.
(b) Make a single copy of the Software in machine readable form solely for backup purposes. As an express condition of this License, you must reproduce on each copy any copyright notice or other proprietary notice that is on the original copy supplied by JcS Canada Inc.
(c) Permanently transfer all your rights under this License to another party by providing to such party all copies of the Software licensed under this License together with a copy of this License and the accompanying written materials, provided that the other party reads and agrees to accept the terms and conditions of this License. Serial authentication numbers however, are NOT transferrable and remain unique for each installed copy.
2. Restrictions. The Software contains trade secrets in its human perceivable form and to protect them you may not REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE REDUCE THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.
3. Dual Media. If this package contains both CD-ROM and 3.5 inch media, you may use only the media appropriate for your single computer or common storage device. You may not use the media format on another computer or common storage device, nor may you rent, lease, loan or transfer them to another user except as part of a transfer as expressly permitted by this License.
4. Termination. This License is effective until terminated. This License will terminate immediately without notice from JcS Canada Inc. or judicial resolution if you fail to comply with any provision of this license. Upon such termination you must destroy the Software, all accompanying written materials and all copies thereof.
5. Limited Warranty. JcS Canada Inc. warrants for a period of ninety (90) days from your date of purchase that the media on which the Software is recorded will be free from defects in materials and workmanship under normal use. JcS Canada Inc.'s entire liability and your sole and exclusive remedy for any nonconformance of the foregoing limited warranty, provided that such nonconformance is reported to JcS Canada Inc. during the warranty period in sufficient detail for JcS Canada Inc. to duplicate the nonconformance and verify the correction, will be replacement of the software licensed on magnetic media agreeable to licensor and licensee.
THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY JCS CANADA INC AND ITS LICENSORS AND SUB-LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
6. Limitation of Remedies and Damages. In no event will JcS Canada Inc., its parent or subsidiaries or any of the licensors or sub-licensors, directors, officers, employees or affiliates of any of the foregoing be liable to you for any consequential, incidental, indirect or special damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information and the like), whether foreseeable or or unforeseeable, arising out of the use of or inability to use the Software or accompanying written materials, regardless of the basis of the claim and even if JcS Canada Inc. or a JcS Canada Inc. representative has been advised of the possibility of such damage. JcS Canada Inc.'s liability to you for direct damages for any cause whatsoever, and regardless of the form of the action, will be limited to replacement of the Software that caused the damages. THE LIMITATION WILL NOT APPLY IN CASE OF PERSONAL INJURY ONLY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. General. This License will be construed under the laws of the province of Quebec. If any provision of this License shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect. If you are a U.S. Government user, then the Software is provided with " RESTRICTED RIGHTS" as set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at FAR 52.227-19 or subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.277-7013, as applicable. Manufacturer: JcS Canada Inc., 9015 Avon #2088, Montreal, Quebec, Canada H4X 2G8
